United States · United States Congress · 24 March 1983
High-Technology Training Act - Amends the Vocational Education Act of 1963 to establish a program of high-technology training grants. Directs the Secretary of Education to make such grants to States to stimulate vocational education programs to train individuals as high-technology technicians, in accordance with five-year State plans and annual program plans. Requires States to commit specified percentages of its basic grant under such Act to high-technology training programs. Directs States to consider specified factors in evaluating training program proposals of eligible recipients. Requires eligible recipients to provide specified assurances before receiving such training program funds. Authorizes appropriations for high-technology training program grants for FY 1984 and succeeding fiscal years. Makes conforming amendments to allotment provisions under such Act.
United States · United States Congress · 24 March 1983
Declares that the House of Representatives disapproves the administration's recommendation that the States be required to assume full funding of all joint State and federally funded rail service operating under State supported services provisions of the Rail Passenger Service Act.
United States · United States Congress · 23 March 1983
Directs the Secretary of the Treasury to pay a specified sum to a named individual in full satisfaction of all claims against the United States arising out of a loss of turkeys owned by such individual.
United States · United States Congress · 23 March 1983
Civil Service Spouse Retirement Equity Act - Entitles a former spouse of a Federal employee or Member of Congress to: (1) a portion of the retirement annuity of such employee or Member; and (2) a survivor annuity upon the death of the employee or Member. Requires that the former spouse must have been married to the Member or employee for at least ten years during periods of creditable service. Provides for the calculation of the amount of either such annuity of a former spouse on the basis of the portion of the employee's or Member's creditable service during which the former spouse was married to the employee or Member. Disqualifies any former spouse who remarries before becoming 60 years of age from eligibility for either such an annuity calculated as a regular retirement annuity based on the employee's or Member's creditable service. Authorizes an employee or Member providing a survivor annuity benefit for a former spouse to elect, or to be ordered by a court, to provide for an additional survivor annuity for any other former or current spouse if the employee or Member passes a physical examination prescribed by the Office of Personnel Management (OPM). Limits the maximum survivor annuity or combination of survivor annuities to 55 percent of the employee's or Member's annuity. Authorizes the employee or Member to provide for survivor annuities either by a reduction in his or her retirement annuity or pay, or by a lump sum payment, or by a combination of both. Provides for the recomputation of an employee's or Member's retirement annuity and the refund of certain amounts deposited in the Civil Service Retirement and Disability Fund if a former spouse for which a survivor annuity benefit is provided dies or remarries before the age of 60. Declares that provisions regarding cost of living increases in civil service annuities shall not apply to such annuities for former spouses unless authorized by OPM. Entitles an eligible former spouse: (1) to an annuity under this Act only if such former spouse elects to receive it instead of any other annuity provided to a Federal employee's spouse; (2) to an annuity if the employee or Member died in service (in the same amount as if the employee or Member had died after becoming eligible for an annuity); and (3) to a portion of any lump sum credit payable to an employee or Member who transfers or is separated from service prior to the commencement of either such annuity. Authorizes a Member or employee, a spouse, or former spouse to jointly elect to waive or reduce a survivor annuity for that spouse. Eliminates the current authority of the employee or Member to elect not to provide for a survivor annuity without the spouse's agreement, except when the employee or Member satisfies OPM that the spouse cannot be located. Requires both the employee or Member and the spouse, rather than just the employee or Member, to elect not to increase a survivor annuity upon the employee's or Member's reemployment. Declares that, except when determined by OPM to be inconsistent with this Act, the right of a former spouse to an annuity, survivor annuity, or lump sum credit shall be determined in accordance with an applicable court order or spousal agreement covering such former spouse, with certain limitations. Sets forth provisions governing civil service survivor benefits in cases of divorces occurring prior to the effective date of this Act.
United States · United States Congress · 23 March 1983
Expresses the sense of Congress that the family planning program under title X of the Public Health Service Act should be administered in the Health Resources and Services Administration of the Department of Health and Human Services.
United States · United States Congress · 22 March 1983
Antitrust Fairness Amendments of 1983 - Amends the Clayton Act to authorize any State, any political subdivision thereof, or the United States to bring a civil action to recover damages under the antitrust laws for an injury not arising from a sales transaction between the plaintiff and the defendant. Prohibits a plaintiff from recovering the amount of any overcharge or underpayment that another plaintiff has recovered based on the same conduct of the defendant. Requires the amount of monetary relief awarded under an antitrust action to be reduced or allocated among liable defendants if the court or, in specified circumstances, the jury determines that such amount would be substantially unjust to a defendant. Prohibits such a reduction or allocation from diminishing a defendant's liability to an amount less than: (1) the plaintiff's unrecovered actual damages, unless the plaintiff's conduct of the action significantly contributed to the substantial injustice; or (2) threefold the damages fairly attributable to the conduct of the defendant, or the defendant's sales to, or purchases from, the plaintiff. Revises procedures for consensually resolving civil antitrust actions bought by the United States. Prohibits any proposed stipulation submitted by the United States to terminate such an action or to modify any stipulation, order, or judgement entered to terminate such an action from being entered for 60 days after it is filed with the appropriate district court, except under specified circumstances. Directs the Government, on the date such a stipulation is filed, to: (1) publish a copy of the stipulation in the Federal Register; (2) file a statement describing the nature and purpose of the action and the reasons in support of the agreement underlying the stipulation; and (3) notify persons who have requested notification of the filing of such a proposed stipulation. Repeals provisions requiring: (1) the filing and publication in the Federal Register of a competitive statement on the proposed stipulation; and (2) the publication in area newspapers of summaries of the proposed stipulation and such statement. Permits a court, after determining that a proposed stipulation is in the public interest, to order that: (1) the Government file and provide to the public a copy of certain documents that influenced the Government to agree to the stipulation, excluding information which is exempt from disclosure; and (2) each defendant file a description of each communication made on its behalf with any Government officer or employee relating to such stipulation, with specified exceptions. (Currently defendants are required to file such descriptions within ten days after a stipulation is filed.) Allows the Government to file a summary in lieu of the text of any portion of a document the disclosure of which would impair the negotiation of other stipulations or the enforcement of any law. Continues current requirements for the filing of the comments received on a proposed stipulation and the Government's responses to such comments, but permits, rather than requires the Government to respond to such comments. Directs a district court to consider a stipulation on the basis of the record of the proceeding, including filed comments and responses. Directs the court to enter any stipulation that would terminate an antitrust action without imposing express limitations on the future conduct of the defendant involved, unless the court determines, by order, that there is substantial reason to believe that the Government would prevail on the merits of any of the claims in the action. Permits a court to enter a stipulation that would terminate an action with express limitations on the future conduct of the defendant or that would terminate or modify a stipulation, order, or judgment entered in the action, if the court determines that such stipulation would: (1) represent a fair compromise of the dispute; (2) advance the purposes of the antitrust laws; or (3) otherwise serve the public interest. Directs the court, upon determining that either such stipulation should not be entered, to: (1) notify the Attorney General; and (2) take specified actions to obtain additional information needed to verify such determination. Directs the court, after verifying such determination, to order the Attorney General to reevaluate the substance of the stipulation and to file a statement describing the results of the reevaluation. Requires the court to enter a stipulation if the Attorney General determines that the Government will not request its withdrawal. Declares that nothing in this Act requires a court to enter a stipulation if the court finds reason to believe the stipulation was procured by fraud.
United States · United States Congress · 22 March 1983
Civil Rights Commission Act of 1983 - Amends the Civil Rights Act of 1957 to extend the life of the Commission on Civil Rights to 1998. Authorizes appropriations for the Commission for FY 1984.
United States · United States Congress · 22 March 1983
Prohibits the Federal Communications Commission from repealing, amending, or otherwise modifying specified rules regarding network television syndication, network television financial interests, and prime time access before July 1, 1988.
United States · United States Congress · 22 March 1983
Child Care Information and Referral Services Act - Directs the Secretary of Health and Human Services, through the Commissioner of the Administration for Children, Youth, and Families, to establish a grant program to assist public or private nonprofit organizations in the establishment or operation of community- based child care information and referral centers. Sets forth grant application requirements. Limits the duration and amount of grants to a center. Sets reporting requirements for centers receiving such grants. Directs the Secretary to report annually to specified congressional committees on activities under this Act. Authorizes appropriations.
United States · United States Congress · 22 March 1983
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the use of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide information, materials, training, technical assistance, and evaluations. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1984 through 1987.
United States · United States Congress · 17 March 1983
Declares that Congress: (1) condemns the violence in Northern Ireland; (2) urges U.S. citizens to refrain from any action which contributes to the violence there; (3) urges the parties to seek an early political settlement that secures the rights of both sides and achieves Irish unity; (4) believes that a reconciliation can be found between the two Irish political traditions and between Great Britain and Ireland; and (5) requests the President to convey to Britain and to Ireland the desire of Americans for lasting peace in Northern Ireland.
United States · United States Congress · 16 March 1983
Natural Gas Consumer Relief Act - Title I: Contracting and Marketing Practices - Amends the Natural Gas Policy Act of 1978 to declare a take-or-pay clause of a pipeline contract to be against public policy and unenforceable for a three-year period: (1) to the extent that it requires a pipeline to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the pipeline has contracted to take; or (2) if such clause does not entitle a pipeline which makes a payment under such clause to take delivery of the gas during the one year period beginning on the date of payments. Defines "take-or-pay clause" to mean any contract provision which requires payment for the minimum quantity of natural gas contracted for under the contract in the event the pipeline fails to take delivery. Permits a pipeline, in the case of a contract for the first sale of natural gas, to: (1) request the seller to renegotiate the contract; and (2) indicate that, if there is no renegotiation within 30 days of the request, the pipeline will exercise its market-out-option. Permits a pipeline exercising its market out option to refuse delivery without incurring an obligation to pay for any amount of natural gas contracted for if the pipeline in its sole discretion determines that it could not market the gas. Declares any indefinite price escalator clause applicable to the first sale of natural gas to be against public policy and unenforceable. Defines "indefinite price escalator clause" as any provision of any contract which provides for the establishment or adjustment of the price for natural gas delivered by reference to prices for natural gas, crude oil, or any other commodity. Prohibits a pipeline from passing through its costs if the Federal Energy Regulatory Commission (FERC) determines that the pipeline has failed to adopt practices minimizing amounts paid to purchase natural gas. Declares any minimum commodity beill requirement applicable to any sale of natural gas by any interstate or intrastate pipeline to be against public policy and unenforceable: (1) to the extent it requires the purchaser to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the purchaser has contracted to take; or (2) if such requirement does not entitle a purchaser who makes a payment under such requirement to take delivery of the natural gas involved subsequent to the date of payment provided under the requirement. Directs FERC to order an interstate pipeline, upon application by a producer of natural gas or by a purchaser of natural gas from a producer, to carry natural gas, for a just and reasonable consideration, between the producer and purchaser if FERC finds that: (1) the pipeline has available capacity; (2) no undue burden would be placed upon such pipeline by reason of the order; (3) construction of new facilities would not be required; and (4) the order would not impair the ability of the pipeline to render adequate service to its other customers. Directs FERC to complete a rulemaking proceeding to issue standards for interstate pipeline tariffs. Directs FERC to require, by rule, a first-sale purchaser of natural gas to file a copy of the contract with FERC. Title II: Wellhead Price Provisions - Revises ceiling price provisions for natural gas. Provides that the ceiling price for categories other than high-cost gas shall be the January 1982 ceiling price multiplied by the monthly equivalent of the modified price adjustment factor. Defines the "modified price adjustment factor" for any month as the lower of: (1) 75 percent of the quarterly percent change in the GNP implicit price deflator (as defined in the Natural Gas Policy Act of 1978); or (2) the percent change in the energy index, computed and published as an annual rate by the Department of Labor, for the most recent month for which such percent change has been so published at least eight days before the beginning of the month for which the modified price adjustment factor is being calculated. Provides that for high-cost gas the maximum lawful price for any first sale shall be 150 percent of the maximum lawful price for categories of gas other than high-cost gas. Provides for an adjusted ceiling price for wells drilled on or after January 1, 1982, and before enactment. Repeals provisions permitting increases in the ceiling price of certain categories of natural gas if just and reasonable. Provides, as a general rule, that the maximum lawful price applies with respect to the recovery of all costs and profits associated with production and first-sale delivery of marketable natural gas. Prohibits the importation of natural gas if the first sale price in the United States of the gas exceeds 150 percent of the maximum lawful price for domestically produced gas. Directs the President to submit to Congress a report on the status of negotiations with Canada regarding modification of the border price for natural gas imported from Canada. Extends price controls and standby authority for two years beyond their present expiration dates.
United States · United States Congress · 16 March 1983
States that the Government should restore balance to the Department of Energy's FY 1984 budget by maintaining funding for energy conservation, solar and renewable energy, and weatherization programs and by distributing information on conservation and renewable and solar energy.
United States · United States Congress · 15 March 1983
District Heating and Cooling Tax Incentives Act of 1983 - Amends the Internal Revenue Code to allow an investment tax credit for district heating and cooling property. Allows an additional 20 percent energy credit for such property. Defines "district heating or cooling property" as any equipment or other property used as an integral part of a district heating or cooling system. Exempts district heating or cooling property which is transferred to a governmental unit or tax-exempt organization from the recapture rules relating to prohibited dispositions of investment tax credit property. Treats district heating or cooling property as depreciable personal property for purposes of tax rules relating to the recapture of excess depreciation. Exempts from classification as ten or 15 year public utility property, for purposes of accelerated depreciation under the accelerated cost recovery system, district heating or cooling property.
United States · United States Congress · 15 March 1983
Amends the Internal Revenue Code to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings accounts on the basis of the earned income of their spouses. Treats alimony payments as compensation for purposes of this deduction.
United States · United States Congress · 15 March 1983
Private Pension Reform Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of any such participant who dies before the annuity starting date in an amount not less than the amount that would have been provided if the participant had survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date and who survives the participant as if such individual were the spouse of the participant on the date of death of the participant whether or not divorced after the annuity starting date. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave.
United States · United States Congress · 14 March 1983
Economic Equity Act of 1983 - Title I: Tax and Retirement Matters - Amends the Internal Revenue Code to provide that the maximum deduction for contributions to an individual retirement plan: (1) shall be computed separately for each individual who is married; and (2) in the case of a married individual who has no compensation or less compensation than that of the spouse, shall be determined as if such compensation were the same as that of the individual's spouse. Treats alimony as compensation for purposes of determining an individual's income tax deduction for retirement savings. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of a participant who dies before the annuity starting date in an amount not less than the amount that would have been provided if the participant had survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date and who survives the participant as if such individual were the spouse of the participant on the date of death of the participant whether or not divorced after the annuity starting date. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave. Entitles former spouses of civil service employees or Members of Congress, who were married to an employee or Member for at least ten years during creditable service, to an annuity based upon a portion of retired or retainer pay unless otherwise provided by a spousal agreement or a state court decree of divorce or annulment. Entitles former spouses to survivor's benefits under the civil service plan unless the former spouse remarries before becoming 60 years of age or the employee or Member and former spouse elect to waive such benefit. Requires that such waiver be jointly made in writing. Includes displaced homemakers as a targeted group for purposes of the targeted jobs tax credit. Defines "displaced homemaker" as a person who: (1) has not worked, except in the home, for a substantial number of years; (2) has been dependent on public assistance or on the income of a family member but is no longer supported by that income; and (3) is a member of an economically disadvantaged family and is experiencing difficulty obtaining or upgrading employment. Increases the zero bracket amount for heads of households from $2,300 to $3,400. Title II: Dependent Care Program - Increases the income tax credit for household and dependent care services from a maximum of 30 percent of amounts paid to a maximum of 50 percent of amounts paid. Reduces such percentage to a minimum of 20 percent based on the taxpayer's adjusted gross income. Makes such income tax credit refundable. Treats as tax-exempt organizations certain organizations which provide nonresidential dependent care to the general public. Requires the Secretary of Health and Human Services (through the Commissioner of the Administration of Children, Youth, and Families) to establish a grant program to assist nonprofit organizations in the establishment or operation of community-based child care information. Title III: Nondiscrimination in Insurance - Nondiscrimination in Insurance Act of 1983 - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Grants to State or local governments having insurance discrimination laws the primary opportunity to enforce this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer, if a State or local authority: (1) has received notice of a complaint and fails to act within 60 days; or (2) has no insurance discrimination laws. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Title IV: Regulatory Reform and Sex Neutrality - Requires the head of each Federal agency to: (1) conduct an ongoing review of the rules, regulations, programs, and policies of the agency to identify any which result in different treatment based on sex; and (2) submit annually a report to the Congress on such review. Sets forth rules of statutory construction relating to gender. Title V: Child Support Enforcement - Amends the Social Security Act to specify that the purpose of the child support enforcement program is to assure compliance with obligations to pay child support to each child in the United States living with one parent. Allows offsets of income tax refunds of an absent parent on behalf of children not receiving Aid to Families with Dependent Children. (Present law permits such offsets only in the case of children receiving AFDC payments.) Requires States to establish a child support clearinghouse through which child support payments can be paid, recorded, and forwarded. Revises State child support enforcement procedures. Allows allotments for child and spousal support to be taken from the pay of Federal employees.
United States · United States Congress · 14 March 1983
In-Flight Medical Emergencies Act - Directs the Administrator of the Federal Aviation Administration to issue final rules requiring passenger-carrying aircraft of 30 seats or more to carry medical supplies, drugs, and equipment for the temporary treatment of in-flight emergencies. Provides relief from State or Federal civil liability for any licensed medical personnel or air carrier employee who renders emergency medical aid on an airplane or who continues such aid until arrival at a medical facility. Extends such relief to an airplane's crew and owner or operator for providing on-board emergency medical supplies.
United States · United States Congress · 11 March 1983
Amends the Trade Act of 1974 to require the Secretary of Labor to certify certain groups of workers as eligible for trade adjustment assistance upon a determination that: (1) increased imports "contributed importantly to" (currently, substantially caused) worker separations and sales or production reductions; or (2) a significant number of workers of a firm have been or are in danger of total or partial separation due to the relocation of such firm to a foreign country or instrumentality. Makes changes in the qualifying requirement for adjustment assistance for workers. Directs the Secretary of Labor to approve job training assistance for workers adversely affected by imports. (Currently the Secretary is authorized to approve such training.) Directs the Secretary to pay a daily supplemental assistance benefit to any worker who begins approved job training after enactment of this Act and who is not eligible for trade adjustment allowances. Increases the maximum job search and relocation allowances to $800. Establishes an Adjustment Assistance Trust Fund in the Treasury. Authorizes appropriations to the Trust Fund, payable out of the general fund of the Treasury attributable to the collection of customs duties, to carry out provisions for adjustment assistance for workers. Extends adjustment assistance for workers and firms until September 30, 1985. Amends the Federal-State Extended Unemployment Compensation Act of 1970 to amend the definition of "suitable work" for a worker who would be eligible for a trade readjustment allowance if the worker were not eligible for extended compensation.
United States · United States Congress · 10 March 1983
Air Travelers Security Act of 1983 - Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 10 March 1983
Prohibits the Secretary of the Interior, with respect to specified submerged areas located in the Pacific Ocean off the California coastline and in the Atlantic Ocean off the Massachusetts coastline, from: (1) issuing any oil and gas lease; (2) granting any license or permit for any activity which both affects the areas and involves drilling for oil and gas; and (3) approving any exploration plan or any development and production plan which provides for such activities. Terminates the provisions of this Act of January 1, 2000.
United States · United States Congress · 9 March 1983
Amends the Internal Revenue Code to increase the income tax credit for child care expenses from a maximum of 30 percent to a maximum of 50 percent of such expenses. Reduces such percentage by one percent for each full $1,000 by which the taxpayer's adjusted gross income exceeds $10,000. Grants tax-exempt status to organizations which provide nonresidential dependent care services to the general public for purposes of enabling individuals to maintain employment.
United States · United States Congress · 8 March 1983
Vietnam Veterans Agent Orange Relief Act - Establishes a presumption of service-connected disability for veterans exposed to herbicides during service in Southeast Asia during the Vietnam era who suffer from specified diseases which may be caused by exposure to such herbicides, developed to a ten percent degree of disability. Permits the Administrator of Veterans Affairs to determine what other diseases may be due to exposure to herbicides, chemicals, or environmental hazards. Directs the Administrator to promulgate regulations within one year of enactment incorporating such determinations and setting forth the standards used to reach them.
United States · United States Congress · 8 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year over three years (one third of which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon the request of a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuing the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations remain in effect. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis, and expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 8 March 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 7 March 1983
Permits bringing claims for damages under the Federal Tort Claims Act for the personal injury or death of a member of the Armed Forces serving on active duty. States such claims must arise out of medical or dental care furnished in a Department of Defense Hospital.
United States · United States Congress · 3 March 1983
Cigarette Safety Act - Directs the Consumer Product Safety Commission to promulgate, within 24 months, final performance standards for cigarettes and little cigars ensuring a minimal capacity for igniting smoldering fabric fires. Requires publication in the Federal Register, together with detailed reasons, of any decision not to promulgate a standard based on a finding that it is technologically impracticable or economically unreasonable. Authorizes the Commission to prohibit manufacturers from stockpiling such products to which such standards apply. Provides for judicial review of such standards in an appropriate U.S. court of appeals. Declares such cigarette safety standards to be subject to all remedial and penalty provisions of the Consumer Product Safety Act. Authorizes appropriations necessary to carry out this Act for the first three fiscal years beginning after enactment.
United States · United States Congress · 3 March 1983
Amends the Small Business Act to authorize the Small Business Administration (SBA) to make loans to small businesses in areas of economic dislocation. Provides that economic dislocation includes: (1) extraordinary, severe, and temporary natural conditions; (2) foreign currency devaluations; and (3) other economic dislocations determined by the SBA. Requires that such economic dislocation be of such magnitude that without the benefit of the loans under this Act a significant number of otherwise financially sound small businesses in those areas would become insolvent or would be unable to return quickly to their former level of operation. Limits each loan to a maximum of $100,000. Prohibits loan proceeds from being used to reduce other loans. Permits the deferral of loan repayment for one year.
United States · United States Congress · 3 March 1983
State and Local Fiscal Assistance Amendments of 1983 - Extends the general revenue sharing program through FY 1987. Authorizes appropriations to the State and Local Government Fiscal Assistance Trust Fund to pay entitlement amounts to State and general local governments. Entitles each State government to an amount equal to any amount allocated to that government from the Trust Fund.
United States · United States Congress · 3 March 1983
Prohibits the importation of certain species of kangaroos and kangaroo products (currently allowed to be imported under an administrative exception to the Endangered Species Act of 1973 if in accordance with the management plans of Australian states).
United States · United States Congress · 3 March 1983
Amends the Export Administration Act of 1979 to reinstate certain export controls for one year. Authorizes the President to extend such controls. Prohibits recission of a determination that a country is supporting international terrorism, unless the President submits a report to Congress justifying such recission and certifying that such a country has not supported international terrorism for the preceding 12-month period.
United States · United States Congress · 3 March 1983
Amends the Internal Revenue Code to provide homebuilders with an income tax credit for the construction of residences which incorporate a passive solar energy system. Directs the Secretary of the Treasury, after consultation with the Secretaries of Energy and Housing and Urban Development, to prescribe regulations setting forth a solar construction credit table for purposes of determining the amount of the credit for which the incorporator of the solar energy system is eligible. Limits the dollar amount of such credit to $2,500. Phases out such credit in annual increments after 1988. Defines "passive solar energy system" as a system which contains a solar collection area, an absorber, a storage mass, a heat distribution method, and heat regulation devices. Requires such system to be installed in a new residence after September 30, 1983 and before January 1, 1992.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Sakharov Day.
United States · United States Congress · 2 March 1983
Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and articles of fur from animals that were caught in such traps. Sets forth penalties for violations of this Act.
United States · United States Congress · 2 March 1983
Comprehensive Smoking Prevention Education Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to inform the public of the health hazards of cigarettes through research, demonstration, and educational activities. Establishes an Interagency Committee on Smoking and Health to coordinate such Federal and private activities. Requires the Secretary to report to Congress biennially (with the first report due by January 1, 1984). Amends the Federal Cigarette Labeling and Advertising Act to require cigarette packages to carry one of three specified label warnings on a rotating basis. Includes exports under such requirements. Makes it unlawful to advertise cigarettes without one of three specified warnings. Makes it unlawful to manufacture, import, or package cigarettes commercially without disclosing tar, nicotine, and carbon monoxide levels on the package. Requires the Secretary to test such levels at least once a year. Makes it unlawful to manufacture, import, or package cigarettes commercially without first filing with the Secretary a list of chemical additives (types and amounts). Requires the Secretary to report at least annually to Congress regarding cigarette additives and their health hazards. Increases the fine for violation of such Act from $10,000 to $100,000.
United States · United States Congress · 2 March 1983
Helen Keller National Center Act - Repeals provisions of the Rehabilitation Act of 1973 relating to the Helen Keller National Center. Directs the Secretary of Education to continue to administer and support the Center. Sets forth the purposes of the Center as follows: (1) to provide specialized intensive services for deaf-blind persons; (2) to train personnel to provide such services; and (3) to conduct applied research, development, and demonstrations relating to communication techniques, teaching methods, aids, and devices, and delivery of services. Requires an annual independent audit of the Center. Directs the Secretary of Education to ensure that: (1) Center service and training programs are monitored regularly; and (2) Center operation is evaluated annually, with written reports to the President and the Congress submitted by specified deadlines. Authorizes appropriations for FY 1984 through 1988 for Center operation and maintenance for use in accordance with guidelines or regulations prescribed by the Secretary. Defines "Helen Keller National Center for Deaf-Blind Youths and Adults" to mean that facility and its affiliated network. Provides that nothing in this Act shall in any way cause to affect or modify any existing or future agreement between any Federal department, agency, or instrumentality and the Industrial Home for the Blind, Inc., or its successors or assignees, with respect to the Helen Keller National Center for Deaf-Blind Youths and Adults. Makes technical and conforming amendments.
United States · United States Congress · 2 March 1983
Prohibits the sale of and the financing of sales of cluster bombs under the Arms Export Control Act. Directs the President to prohibit all exports of cluster bombs under specified export control provisions of such Act. Prohibits the furnishing of cluster bombs to any foreign country under the Foreign Assistance Act. Suspends all obligations to deliver cluster bombs.
United States · United States Congress · 2 March 1983
Condemns the trial and conviction of Dr. Viktor Brailovsky by the Soviet Union. Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. concern and opposition to the internal exile of Dr. Brailovsky and to the Soviet Union's refusal to permit Dr. Brailovsky and his family to emigrate; (2) the Soviet Union should comply with various international agreements by reversing Dr. Brailovsky's conviction and by permitting him and his family to emigrate; and (3) the Soviet Union should cease persecuting individuals seeking to emigrate and should cease denying basic rights to Soviet Jews.
United States · United States Congress · 2 March 1983
Expresses the sense of Congress that: (1) the fill rate proposed by the administration for the Strategic Petroleum Reserve is insufficient and inconsistent with existing law; and (2) the reserve should be filled at least at the minimum rate prescribed by law.
United States · United States Congress · 1 March 1983
Amends the National Labor Relations Act to authorize the Secretary of Labor to prohibit the awarding of Federal contracts to persons who have violated certain judicial orders or orders issued by the National Labor Relations Board. Limits the period of such ban to not more than three years after the Secretary has certified the identify of such person to the Comptroller General. Permits the awarding of Federal contracts to such person during the period of the ban if the Federal agency or department, after notice and opportunity for hearing to all interested parties, certifies to the Secretary that there is no other source for the material or services furnished by such person.
United States · United States Congress · 1 March 1983
Emergency Educational Facilities Repair and Renovation for Jobs Act - Title I: Elementary and Secondary Educational Facilities - Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds under this title to local educational agencies (LEAs) to employ unemployed individuals in maintenance, repair, renovation, and reconstruction of public school facilities. Requires States desiring to receive an allocation of such funds to submit a statement of assurances to the Secretary of Education concerning allocation of funds to LEAs and compliance with fiscal control and fund accounting procedures. Directs the Secretary to allocate one percent of such funds to specified U.S. territories and possessions and the remainder among the States and the District of Columbia on the basis of relative numbers of: (1) unemployed residents; (2) unemployed residents of areas of substantial unemployment (at least six and one-half percent for the most recent 12 months); (3) "excess" (number of unemployed individuals in excess of four and one-half percent of the civilian labor force either in the State or in areas of substantial unemployment) unemployed residents; and (4) low-income children. Prohibits the State educational agency (SEA) from reserving from the amount allocated to the State more than (1) one percent for administrative cost; and (2) four percent for special needs. Directs the SEA, from the remainder, to allocate: (1) three-fourths among counties on the basis of relative numbers of unemployed residents and within each county according to the fund distribution formula under specified provisions of the Education Consolidation and Improvement Act of 1981 (ECIA); and (2) one-fourth among the LEAs on the basis of such ECIA formula. Requires that at least 70 percent of the funds made available to any LEA under this title be used for salaries and wages and associated benefits for individuals employed directly or indirectly by the LEA in such public school facilities repair, renovation, or reconstruction programs. Requires that, to the maximum extent feasible, funds under this title be used for projects and activities for which on-site labor can begin within 90 days of receipt of such funds. Requires that such funds be used in accordance with State and local procedures for: (1) assisting SEAs and LEAs to conform their public school facilities with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with post-construction requirements of government environmental protection or health and safety programs; (2) public school facilities repair, renovation, and reconstruction; (3) conversion of presently unused structures into adult training centers; (4) energy efficiency remodeling or renovation; and (5) asbestos detection, removal, or containment in facilities used by students. Authorizes the Secretary, on request, to issue rulings to any SEAs or LEAs on the proper construction and application of this title. Title II: Reconstruction at Postsecondary Institutions and Renovation of Academic Facilities - Directs the Secretary to carry out programs of financial assistance to institutions of higher education and to higher education building agencies for the reconstruction or renovation of academic facilities and libraries if the primary purpose of such assistance is to enable such institutions to: (1) economize on the use of energy resources, with a priority for the use of coal, solar, and renewable resources; (2) conform their academic facilities and libraries with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with post-construction requirements of government environmental protection or health and safety programs; (3) reconstruct and renovate research facilities; and (4) detect, remove, or contain asbestos hazards in facilities used by students. Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds to States to employ unemployed individuals in maintenance, repair, renovation, and reconstruction of academic facilities at institutions of higher education. Sets forth annual State plan requirements for any State desiring to participate in the grant program under this title. Directs the Secretary to prescribe basic criteria for the consideration of State plans. Sets forth provisions for allocation of funds which are similar to those for title I of this Act (except that the factor of relative numbers of low- income children is replaced by relative numbers of students enrolled in institutions of higher education in each State). Sets forth provisions for use of funds and for the Secretary's authority which are similar to those for title I of this Act. Title III: Public Library Facilities - Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds for the repair, renovation, remodeling, and alteration of facilities for public libraries. Directs the Secretary to allot from such funds to each State the minimum allotment specified under certain provisions of the Library Services and Construction Act. Provides for the allocation of the remainder of such funds among the State on a similar basis as those for allocation under titles I and II of this Act (but without the factors of relative numbers of low-income children or college students). Sets forth provisions for use of funds which are similar to those under titles I and II of this Act, but requires that only 60 percent (rather than 70 percent) of such funds be used for salaries and wages of the individuals employed in maintenance, repair, renovation, or reconstruction. Directs State library administrative agencies, to the maximum extent feasible, to consider relative unemployment in each county in determining projects to be funded under this title. Directs the Secretary to administer this title under existing regulations for title II (Public Library Construction) of the Library Services and Construction Act, but may, on request, issue rulings to any State on issues concerning the proper construction and application of this title. Title IV: General Provisions - Sets forth nondiscrimination provisions and other general requirements. Prohibits the employment, in a subsidized wage position under this Act, of individuals who have voluntarily terminated without good cause, within the preceding six months, full-time employment at or exceeding the Federal minimum wage. Requires that individuals in employment subsidized under this Act be paid at either the highest of the federal minimum wage, the applicable State or local minimum wage, or the prevailing wage for employment in similar occupations by the same employer. Sets forth program labor standards relating to conditions of employment and training, health and safety standards, workers' compensation benefits, and job benefits and working conditions. Prohibits use of funds under this Act for contributions on behalf of any participant to retirement systems or plans. Prohibits displacement of any currently employed worker by participants in programs funded under this Act. Prohibits such programs from impairing existing contracts for services or collective bargaining agreements. Requires the written concurrence of the labor organization and the employer concerned before any such program which would be inconsistent with the terms of a collective bargaining agreement may be undertaken. Prohibits program participants from being employed or job openings being filled when: (1) any other individual is on layoff from the same or any substantially equivalent job; or (2) the employer has terminated the employment of any regular employee or otherwise reduced its work force with the intention of filling the vacancy by hiring a participant whose wages are subsidized under this Act. Prohibits creation of jobs in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. Requires recipients of funds under this Act to provide the Secretary with assurances that none of such funds will be used to assist, promote, or deter union organizing. Requires that an opportunity for comment be provided for any labor organization representing a substantial number of employees engaged in similar work or training in the same areas as that proposed to be funded under this Act. Applies the wage rate requirements of the Davis-Bacon Act to all laborers and mechanics employed by contractors or subcontractors in works federally assisted under this Act.
United States · United States Congress · 25 February 1983
Title I: Labor Standards - Requires any United States person who has or controls an enterprise in South Africa which employs more than 20 people to insure that in operating such enterprise the following employment principles are implemented: (1) desegregation in any employment facility; (2) equal employment for all employees; (3) equal pay for equal work; (4) establishment of a minimum wage and salary structure; (5) increase in the representation of nonwhites in managerial, supervisory, administrative, clerical, and technical jobs; (6) improvement of the quality of employees' lives outside the work environment; and (7) recognition of labor unions and fair labor practices. Declares that the Secretary may issue guidelines and give advisory opinions on compliance with such principles. Directs the Secretary of State to establish an Advisory Council in South Africa to advise the Secretary with respect to the implementation of such employment principles and to review the annual reports which each U.S. person covered by this Act must submit to the Secretary on the progress made in implementing such principles. Directs the Secretary to establish in the United States an American Advisory Council to make policy recommendations regarding labor practices of U.S. persons in South Africa and to review such persons' progress in implementing such employment practices. Directs the Secretary: (1) to take specified actions to insure compliance with the implementation of such employment principles; and (2) to review the compliance of such persons at least biennially. Sets forth penalties for noncompliance. Authorizes the President to waive compliance with the implementation of such principles if such compliance would harm U.S. national security. Title II: Prohibition on Loans and Importation of Gold Coins - Prohibits any U.S. financial or lending institution from making any loan directly or through a foreign subsidiary to South Africa unless such loan is for educational, housing or health facilities available to all persons on a nondiscriminatory basis. Prohibits the importation of any gold coin minted in South Africa or sold by South Africa. Directs the Secretary to take specified actions to enforce the prohibitions on loans and the importation of gold coins. Sets forth penalties for violations of such prohibitions. Authorizes the President to waive such prohibitions for one year if South Africa meets specified conditions. Title III: General Provisions - Directs Federal agencies to cooperate with the Secretary in carrying out provisions of this Act.
![Official portrait of Rep. Edwards, Don [D-CA-10]](https://www.congress.gov/img/member/e000064_200.jpg)