United States · United States Congress · 3 October 1984
Amends the Occupational Safety and Health Act of 1970 to require employers to provide conditions of employment that are free of recognized hazards which: (1) can be abated through reasonably available means; and (2) pose a substantial probability of death, serious injury or impaired health. Directs the Secretary of Labor to determine, when promulgating occupational health standards dealing with toxic substances or harmful physical agents, whether: (1) a particular standard will substantially reduce employee health risks; (2) such standard will threaten the competitive stance of the regulated industry; (3) engineering or work practice controls are readily available for use in the regulated industry; and (4) such controls can achieve the compliance levels established for the regulated industry.
United States · United States Congress · 10 August 1984
Chapter 1 Improvement Amendments of 1984 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to eliminate the requirement that the Secretary of Education allocate funds for basic grants to local educational agencies on the basis of a specified formula involving data from the 1975 survey of income and education conducted by the Bureau of the Census. Directs the Secretary to use the criteria of poverty from the most recent available decennial census in determining the number of children to be counted for purposes of such grants. Makes a technical amendment deleting the adjective "nonfarm," in order to conform to current census data language. Reduces (from five years to three years for FY 1985 and to two years thereafter) the maximum period of continuation of migratory status for a child of a migratory agricultural worker or migratory fisherman who resides in the area served by the State or local educational agency carrying on this program for migratory children. Revises the minimum amount required to be reserved for coordination of activities under the migrant education programs (but retains the maximum limit on any such reservation of funds).
United States · United States Congress · 2 August 1984
Indian Education Act Reauthorization of 1984 - Amends the Indian Elementary and Secondary School Assistance Act to extend to October 1, 1985, the fiscal year used to compute grants to local educational agencies. Amends the Elementary and Secondary Education Act of 1965 to authorize appropriations for FY 1985. Authorizes appropriations to State educational agencies for specified purposes for FY 1985. Limits the total grants made to State educational agencies to 15 percent of the sums appropriated in any fiscal year. Amends the Indian Education Act to authorize appropriations for FY 1985. Extends through FY 1985 the authorization for graduate and professional fellowships and the National Advisory Council on Indian Education. Amends the Adult Education Act to authorize appropriations for FY 1985.
United States · United States Congress · 31 July 1984
States that the Congress recognizes the vital role of the Bureau of Apprenticeship and Training and commits itself to the maintenance of a strong and effective Federal presence in apprenticeship programs.
United States · United States Congress · 26 June 1984
Reaffirms that it is U.S. policy to oppose the practice of torture by foreign governments through the implementation of laws and through public and private diplomacy. Requests the President to: (1) instruct the U.S. representative to the United Nations to continue to raise the issue of torture by such governments; and (2) continue to involve the U.S. Government in the formulation of international standards, particularly the draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Requests the Secretary of State to issue specified formal instructions to each U.S. mission chief regarding U.S. policy with respect to such torture. States that the Secretary of Commerce should continue to enforce the current restrictions on the export of crime control equipment pursuant to the Export Administration Act of 1979. Directs the heads of U.S. departments that furnish military and law enforcement training to foreign personnel to include in such training instruction regarding international human rights standards with respect to torture.
United States · United States Congress · 2 May 1984
Child Nutrition Amendments of 1984 - Amends the Child Nutrition Act of 1966 to limit to ten percent the amount of unobligated funds which a State may retain at the end of any fiscal year. Permits (currently directs) the Secretary of Agriculture to reallocate any unused funds to those States which can demonstrate the ability to use funds in excess of their allocation. Provides for the reimbursement of administrative costs incurred by food stamp agencies in providing a certificate of food stamp participation to food stamp households which are to be used in the school lunch verification process. Extends the authorization of appropriations through FY 1985 for State administrative expenses. Amends the National School Lunch Act to provide for a separate special-assistance factor for reduced-price lunches with a base of 68.75 cents and for reduced-price breakfasts with a base of 32.75 cents. Sets the maximum payment for severe need reduced-price breakfasts at 45.5 cents. Requires an annual adjustment of each such separate factor based on the change in the Consumer Price Index for food away from home. Terminates the Summer Food Service Program for Children and the Child Care Food Program. Authorizes State grants through FY 1989 for child nutrition assistance. Requires the Secretary of Health and Human Services to allot to States from such appropriated funds an amount which bears the same ratio to the total appropriated funds as each State's allotment under the Summer Food Service Program and the Child Care Food Program for FY 1983 bore to the total funds appropriated for those programs. Permits the Secretary to adjust the allotment level based on the funds transferred to the Department for the Head Start Program. Directs the Secretary, for each fiscal year, to make payments to each State from such allotments. Provides that unobligated amounts shall remain available for the next fiscal year. Permits such amounts paid to a State to be used only for costs related to the provision of nutrition assistance to children, primarily from low-income households. Prohibits a State from using such funds to: (1) purchase or improve land, purchase, construct, or permanently improve any building or other facility, or purchase major equipment, other than food service equipment; or (2) satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds. Permits the Secretary, in extraordinary circumstances, to waive the restrictions regarding land purchase or construction. Requires each State, as a prerequisite to receipt of such funds, to submit an intended use report to the Secretary. Requires each State to submit annual reports concerning such activities. Requires each State to establish fiscal control and fund accounting procedures. Requires each State to obtain financial and compliance audits of any grant funds which the State receives. Establishes the procedure to be followed in order to assure State compliance with nondiscrimination provisions. Amends the Child Nutrition Act of 1966 to terminate the Nutrition Education and Training Program. Amends the National School Lunch Act to eliminate the requirement that the Food and Nutrition Service operate Child Nutrition Programs in States which do not administer these programs through their own agencies. Extends through FY 1985 the authorization for funding of the commodity distribution program. Bases commodity allotments on the actual number of meals served during the previous school year instead of an estimate of the number of meals that will be served. Amends the Child Nutrition Act of 1966 to extend the supplemental food program for women, infants, and children (WIC) through FY 1985. Eliminates provisions which require regular reallocation of WIC program funds. Reduces from 20 to 18 percent the percentage of total WIC funds that may be available for State and local administrative costs. Amends the National School Lunch Act to eliminate the special assistance certification alternatives which based assistance on prior year free and reduced-price lunch eligibility.
United States · United States Congress · 26 April 1984
Semiconductor Chip Protection Act of 1984 - Extends copyright protection to original mask works fixed in semiconductor chip products. Defines a mask work as the two- and three-dimensional features of shape, pattern, and configuration of the surface of the layers of a semiconductor chip product which portray the appearance of a product or convey information. Requires as a condition of protection that: (1) the owner of the mask work be a resident or citizen of the United States or of a country which is party to a protection treaty to which the United States is also a party on the date the work is first commercially exploited or registered; (2) the work is first commercially exploited in the United States; or (3) the mask work comes within the scope of a presidential proclamation extending reciprocal protection to the works of foreign citizens or residents. Vests exclusive rights in the mask work in the owner who may transfer, convey, or bequeath such interest. Recognizes the first registered transfer in case of a conflict. Sets the copyright term for mask works at ten years from the date of registration or first commercial exploitation, whichever comes first. Sets forth the exclusive rights of the owner of such a copyright, including the rights to: (1) reproduce the mask; (2) import or distribute a semiconductor chip product in which the mask work is embodied; and (3) cause another to perform such acts. Excludes from the applicability of an owner's exclusive rights a mask work used for educational purposes or an innocent purchaser of a semiconductor chip product. Protects works registered within two years of the date of their first commercial exploitation. Sets forth administrative procedures for the Register of Copyrights. Permits the owner of the mask work to place a notice of copyright on such works which includes the words 'mask work' or M in a circle, the year the work was first fixed in a semiconductor chip product, and the name of the owner of the work. Entitles the owner of a mask work whose protection has been infringed or whose registration of such work has been refused to institute a civil action. Directs the Secretary of the Treasury and the U.S. Postal Service to issue regulations for the enforcement of the right to import mask works. Permits the impoundment and seizure of mask works imported in violation of the owner's exclusive rights. Sets forth remedies for infringement, including temporary and permanent injunctive relief, actual damages, and the award of the infringer's profits to the owner. Authorizes appropriations.
United States · United States Congress · 12 April 1984
Higher Education Amendments of 1984 - Title I: Institutional Aid - Amends the Higher Education Act of 1965 (the Act) to repeal part B (Aid to Institutions With Special Needs) of title III (Institutional Aid) of the Act. Adds the purpose of helping meet eligible institutions' special needs to the enumeration of purposes of part A (Strengthening Institutions) of title III of the Act. Revises the definitions of "eligible institution" and "full-time equivalent students" for purposes of part A. Authorizes the Secretary of Education to also consider specified factors in determining whether an institution is an eligible institution for purposes of part A. Increases to five years the maximum period for which a grant to an eligible institution under part A may be made. Provides that one-year grants to assist in preparation of plans and applications under part A may be awarded only to institutions which have not received such a grant for any prior fiscal year. Sets forth provisions for a Federal share of the costs of part A grants which shall decrease from 100 percent for the first two years to 90 percent for the third year, 80 percent for the fourth year, and 70 percent for the fifth year an institution receives such a grant. Sets forth transition provisions. Authorizes the Secretary to make continuation awards under part A to any eligible institution which received a multiple year grant awarded prior to October 1, 1984, under part A or part B grant authority as in effect on September 30, 1984. Prohibits any institution from receiving a grant under this continuation award provision or under: (1) part A grant authority as in effect on September 30, 1984, for a period of more than seven years in the aggregate; and (2) part B grant authority as in effect on September 30, 1984, for a period of more than five years in the aggregate. Makes an institution which has received a continuation award for such maximum period ineligible to receive a grant under part A. Redesignates part C of title III of the Act as part B of title III of the Act. Renames such part (currently "Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B") "Challenge Grant Transition Awards." Repeals provisions for challenge grant program authority and for applications for such challenge grants. Sets forth new provisions for continuation awards. Authorizes the Secretary to make continuation awards, under part B Challenge Grant Transition Awards provisions, to any eligible institution which received a multiple year grant awarded prior to October 1, 1984, under challenge grant program authority as in effect on September 30, 1984. Redesignates provisions for endowment grants under a new part C heading of "Endowment Grants." Revises provisions for eligibility for such grants to conform to amendments made by this Act. Revises general provisions under part D of title III of the Act. Authorizes appropriations to carry out title III of the Act for FY 1985. Provides that any funds made available for grants under part C which are not expended during the fiscal year for which such funds were appropriated shall remain available for expenditure for the purpose of making such grants until expended. Directs the Secretary to make at least 25 percent of such FY 1985 title III funds available to junior or community colleges. Directs the Secretary to reserve a specified amount of such FY 1985 title III funds for eligible institutions that have historically served substantial numbers of black students. Title II: Student Assistance - Part A: Student Grant Amendments - Subpart 1: Pell Self-Help Grants - Revises title IV (Student Assistance) of the Act to make nomenclature amendments under which all references to "basic educational opportunity grants" or "basic grants" are replaced by references to "Pell Self-Help Grants." Revises Pell Grant award rules to provide that a student may receive only one Pell Grant for an academic year during an award year as defined by the Secretary. Sets the maximum Pell Grant for academic year 1985-1986 at $3,000. Directs the Secretary to establish the maximum amount for each succeeding academic year. Revises the formula for determining the amount of a Pell Grant which an eligible student may be paid for academic year 1985-1986 and for succeeding academic years. Provides that no Pell Grant shall be awarded if the amount of the grant would be less than $100. Revises provisions relating to the maximum eligibility period for Pell Grants. Revises provisions for determination of Pell Grant awards in case of insufficient appropriations. Authorizes appropriations to carry out the Pell Grant program for FY 1985. Sets forth provisions for determination of expected family contributions and cost of attendance for purposes of the Pell Grant program. Provides that for academic year 1985-1986, the living expense allowance shall not exceed: (1) $3,000 for a student not residing with his or her parents; and (2) $1,500 for student residing with his or her parents. Directs the Secretary to set appropriate limits on living expense allowances for subsequent academic years. Subpart 2: Supplemental Educational Opportunity Grants - Revises provisions of title IV of the Act for supplemental educational opportunity grants. Sets forth a new formula, including a specified baseline figure for determining the amount of a supplemental grant for any student who has also received a Pell Grant. Provides that no supplemental grant shall be awarded if the amount of the grant would be less than $100. Provides that, for purposes of supplemental grants, "expected family contribution" and "cost of attendance" shall have the same meanings given to such terms under provisions for Pell Grant need analysis. Authorizes the Secretary to change by regulation a specified baseline figure for purposes of supplemental grant determinations for any academic year after 1985-1986. Revises provisions relating to the maximum eligibility period for supplemental grants. Sets forth provisions for cost sharing. Requires each institution receiving funds under the supplemental grant program or under specified provisions for transfer of allotments to provide matching funds equal to 20 percent of the amount received under such provisions, in accordance with regulations prescribed by the Secretary. Makes a conforming amendment which repeals specified provisions of the Student Financial Assistance Technical Amendments of 1982 as amended by a specified provision of the Student Loan Consolidation and Technical Amendments Act of 1983. Subpart 3: State Student Incentive Grant - Revises provisions of title IV of the Act for grants to States for State student incentives to eliminate a maintenance of effort requirement of such grants program. Part B: Guaranteed Student Loan Program - Revises title IV of the Act to rename part B provisions (currently "Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education") as the "Guaranteed Student Loan Program." Revises provisions relating to student eligibility for subsidized loans under the program of Federal interest subsidy payments. Revises provisions relating to deferments of repayment by student borrowers under the conditions of Federal loan insurance. Sets forth provisions relating to the need analysis to be made for students attending foreign schools, for purposes of the program of Federal interest subsidy payments. Revises provisions for Federal loan insurance limitations to provide that "undergraduate student" shall be defined in regulations of the Secretary. Provides for the recall of certain advances. Eliminates provisions authorizing appropriations for specified advances to establish or strengthen the reserve funds of State and nonprofit private loan insurance programs. Revises provisions for repayment of such advances to require that such repayment be made prior to October 1, 1985. Revises provisions relating to insurance liability limitations of Federal student loan insurance. Revises provisions relating to the amount of reimbursement to be paid a State or nonprofit private institution or organization under the program of Federal guaranty of student loans insured under non-Federal programs. Repeals provisions for Federal supplemental guarantee agreements for reimbursement of non-Federal student loans insurance programs. Revises provisions for agreements with State and nonprofit private institutions for Federal interest subsidy payments on loans insured under their student loan insurance programs to provide for uniform loan availability. Requires that such programs authorize insurance in any academic year or its equivalent (as determined by regulations of the Secretary) of loans to any individual student who is carrying at an eligible institution at least one-half the normal full-time academic workload (as determined under regulations of the Secretary.) Sets the amount of such a loan at $2,500 (currently a $1,000 minimum and $2,500 maximum range). Revises requirements relating to the repayment period for such loans. Requires that such non-Federal student loan insurance programs, under Federal interest subsidy payment standards, insure 100 percent (currently 80 percent) of the unpaid principal of loans insured by such programs, whether or not such loans are eligible for Federal interest subsidy payments. Adds to the standards for Federal interest subsidy payments to require non-Federal student loan insurance programs to provide for: (1) guarantee of loans made to students, their spouses, and their parents under the auxiliary loan program; (2) if the lender is an eligible institution, insurance of loans by only such institutions as are within the geographic area served by such State or nonprofit private institution or organization; (3) no restrictions relating to enrollment in-State or out-of-State by an otherwise eligible student; (4) no restrictions more onerous than institutional eligibility requirements under the Federal student loan insurance program, with specified exceptions; and (5) eligibility of all lenders described in specified provisions under reasonable criteria, with specified exceptions, and annual reports to the Secretary concerning such criteria. Makes a conforming amendment removing a reference to the supplemental guaranty program. Eliminates provisions for special payments for administrative and other costs to State and nonprofit private institution student loan insurance programs under guaranty and supplemental agreements. Eliminates provisions relating to multiple disbursements and escrow accounts under the Federal interest subsidy payments program. Eliminates specified "school lender" and other "origination" requirements relating to maximum annual insurable loans under Federal loan insurance limitations and under requirements for non-Federal student insurance programs receiving subsidy payments. Repeals specified restrictions on eligible institutions of higher education acting as eligible lenders or originators of student loans. Revises the definition of "eligible lender," for purposes of student loan insurance programs, to include: (1) a State or a Federal agency which is an assignee of another eligible lender; and (2) a Rural Rehabilitation Corporation, or its successor agency, which has received Federal funds under specified Federal law. Removes specified limitations on the functions of the Secretary under the Guaranteed Student Loan Program which may be delegated to regional offices of the Department of Education. Revises the definition of "eligible institution," for purposes of student loan insurance program requirements, to include a reference to auxiliary loans under the prohibition against the use of commissioned salesmen to promote the availability of a loan program at an institution. Revises auxiliary loan program provisions to make parents or a spouse of a graduate or professional student eligible for such loans. Sets forth repayment provisions for auxiliary loans made to students which are different than repayment provisions for such loans to parents or spouses. Authorizes lenders to charge fees up to $25 for checking the credit of any auxiliary loan borrower who is not a student. Establishes a ten-year maximum repayment period for an auxiliary loan made to a parent or spouse, with specified exceptions. Revises the statement of purpose for the part B Guaranteed Student Loan Program to include the encouragement of adequate loan insurance programs for borrowers participating in the auxiliary loan program. Allows auxiliary loans to be insured directly by the Secretary if the lender satisfies the Secretary that, by reason of the residences of the intended borrowers of such lenders, such lender will not have access to any single State or nonprofit private loan insurance program which will insure substantially all of the loans such lender intends to make to such borrowers. Part C: Work-Study Program - Increases the amount of the authorization of appropriations for FY 1985 for work-study programs under part C of title IV of the Act. Revises provisions for work-study program allotments to States and specified U.S. territories and possessions. Provides that a specified amount shall be allotted to such territories and possessions. Bases State allotments on the number of full-time equivalent students enrolled in institutions of higher education in a State. Requires that the amount allotted to each State shall not be less than the amount allotted to such State in FY 1984. Eliminates specified provisions relating to criteria for allotment of remainder sums and to consolidation of allotments. Revises provisions for reallotments to eliminate certain requirements for preferences under reallotment. Eliminates provisions for a reservation from appropriations for work-study assistance to students resident in American Samoa or the Trust Territory of the Pacific Islands who attend eligible institutions outside of those areas. Eliminates the prohibition against any work-study program paying lower than the current Federal minimum wage. Eliminates specified maintenance of effort requirements for work-study programs. Eliminates a prohibition against criteria for distribution of work-study assistance resulting in any institution's receiving an amount less than that used during FY 1979. Provides that student need analysis for purposes of work-study programs shall be in accordance with a need analysis system approved by the Secretary. (Current law requires such need analysis to be in accordance with specified need analysis provisions of title IV of the Act.) Includes area vocational schools under the definition of "institution of higher education" for purposes of receiving work-study program assistance, but provides that work-study programs at such schools may not include work for the institution itself. Adds provisions for cooperative education and adult literacy program activities to work-study program provisions for job location and development programs. Raises the amount which an eligible institution may use from its work-study allotment for such programs and activities. Eliminates certain maintenance of effort requirements relating to such programs. Requires that an institution's annual report on such programs include a summary of student compensation received and of any activities performed by organizations participating in such programs. Requires that agreements for such programs provide for fiscal control and fund accounting procedures. Provides that, for academic year 1986-1987 and thereafter, the maximum amount of an institution's work-study program allotment that may be used for such job location and development and cooperative education activities shall not exceed one-fifth of the total amount of earnings received by students in work-study programs during the previous academic year. Provides that, for purposes of calculating such limitation, the Federal contribution to any earnings received by a student and placed in employment through a job location and development program shall be excluded unless the student is employed in an adult literacy program. Makes conforming amendments. Repeals provisions for work-study for community service-learning programs. Repeals the authorization of appropriations for FY 1985 for cooperative education programs under title VIII of the Act. (Such programs are similar to the cooperative education activities which this Act adds to work-study program job location and development provisions.) Part D: Special Programs for the Disadvantaged - Revises provisions for special programs for students from disadvantaged backgrounds. Removes references, in the enumeration of program aims, to "contracts" and to the training of persons serving or preparing for service in specified projects. Eliminates specified provisions relating to program grant and contract authority. Eliminates the definition of, and references to, "first generation college student." Revises provisions for the Talent Search program to rename it the Talent Search and Assistance program. Replaces references to "youths" and "youth" with references to "persons." Revises provisions for design of the talent search and assistance program to add: (1) information on available academic (as well as financial) assistance; and (2) assistance to applicants for admission to institutions of higher education, including assistance in preparing admissions and financial aid applications and forms. (Current law provides for similar services under the Educational Opportunity Centers program.) Requires that two-thirds of the persons who would participate in a talent search and assistance project proposed for funding be low-income individuals or physically handicapped. (Current law requires two-thirds of the youths participating in the project to be low-income individuals who are first-generation college students.) Removes the maximum age limit (27 years) for project participants. Provides that other participant eligibility requirements (minimum age 12 and the completion of six years of elementary education) may be waived by the Secretary because of exceptional circumstances demonstrated by the applicant. Prohibits project participants from receiving services from another project funded under the talent search and assistance program. (Current law prohibits their receiving services under such program or under the Educational Opportunity Centers program which provides for services similar to those added to the talent search program by this Act.) Requires assurances that a substantial concentration of low-income or physically handicapped persons reside in the project area, in accordance with regulations promulgated by the Secretary. Authorizes the Secretary to award grants under the talent search and assistance program based on applications submitted by institutions of higher education, including consortia of such institutions, public and private agencies, and, in exceptional circumstances, secondary schools. Limits the amount of any such grant to no more than 75 percent of the cost of the project. Revises provisions for the Upward Bound program. Requires that two-third of the persons who would participate in an upward bound project proposed for funding be low-income individuals or physically handicapped. Eliminates requirements that: (1) two-thirds of the youths participating in the proposed project be low-income individuals who are first generation college students; and (2) the remaining youths participating be either low-income individuals or first-generation college students. Eliminates references to contracts under such provisions. Authorizes the Secretary to award grants based on applications submitted by those institutions of higher education which have entered into a program participation agreement with the Secretary under specified provisions of the Act and which participate in programs authorized under title IV of the Act, other than provisions for special programs for students from disadvantaged backgrounds. Limits additional assistance to any institution of higher education which, on or before October 1, 1984, had received assistance under the Upward Bound program for three or more years to a period of not more than three years. Limits the amount of any grant awarded to such an institution during such three-year period to: (1) 75 percent of project cost during its first year of funding; (2) 50 percent during the second year; and (3) 25 percent during the third year. Limits Upward Bound program assistance to any institution which is not subject to the foregoing limitations, beginning on October 1, 1984, to a period of not more than five years. Limits the amount of any grant awarded to such an institution during such five-year period to: (1) 100 percent of project cost during its first year of funding; (2) 90 percent during the second year; (3) 75 percent during the third year; (4) 50 percent during the fourth year; and (5) 25 percent during the fifth year. Repeals provisions for Educational Opportunity Centers and for staff development activities under special program for students from disadvantaged backgrounds. Part E: National Direct Student Loans - Revises provisions for Direct Loans to Students in Institutions of Higher Education (the NDSL program) under part D of title IV of the Act. Makes technical amendments. Provides that the need analysis for NDSL program purposes shall be in accordance with a need analysis system approved by the Secretary. (Current law requires such need analysis to be in accordance with specified need analysis provisions of title IV of the Act.) Revises the repayment period for direct student loans to begin six months after "the month" (currently "the date") in which the borrower ceases to carry a specified academic workload. Requires an eight percent annual interest rate on direct student loans made on or after July 1, 1985. Provides that specified deferments of repayment shall apply only to direct student loans made on or before July 1, 1985. Eliminates the six-month grace period following the completion of the study, service, or disability for which such deferment was given. Sets forth deferment provisions for direct student loans made on or after July 1, 1985. Provides that such deferments shall be: (1) not in excess of five years in the aggregate, during which the borrower has resumed study, and is carrying at least one-half the normal full-time academic workload, at an institution of higher education or at a comparable institution outside the United States approved by the Secretary for this purpose; (2) not less than six months, nor more than three years in the aggregate, during which the borrower is serving as a member of the U.S. Armed Forces; (3) not in excess of three years in the aggregate during which the borrower is in service as a volunteer under the Peace Corps Act; or (4) not in excess of three years in the aggregate, during which the borrower demonstrates a financial inability to repay any loan principal or interest because of exceptional circumstances which meet criteria established by the Secretary. Revises provisions for cancellation of direct student loans for certain public service to direct the Secretary to pay to each institution for each fiscal year an amount equal to ten percent of the aggregate of the amounts of direct student loans from its student loan funds which are cancelled pursuant to such provisions. Allows such payments to be used as each institution determines appropriate. Part F: General Provisions - Revises general provisions under title IV of the Act. Eliminates general provisions relating to need analysis. Revises provisions relating to independent students. Eliminates provisions for a common Federal financial aid application form and a common pre-eligibility Federal financial aid form. Revises provisions for title IV program participation agreements to eliminate a requirement that an institution continue to spend in its own scholarship and student aid program, from sources other than the funds received under title IV of the Act, not less than the average expenditures made for that purpose during the most recent period of three fiscal years preceding the effective date of the title IV program participation agreement. Authorizes the Secretary to waive all requirements for such program participation agreements with respect to an institution of higher education outside the United States and organized under the law of a foreign nation. Raises, from ten percent to 50 percent, that portion of an institution's allotment for either the work-study program or for the supplemental grant program which may be transferred to the other program. Revises provisions for administrative expenses to authorize the Secretary to require an institution to use specified funds it receives for Pell Grant administrative expenses to carry out specific activities. Eliminates a requirement that administrative expenses payments for work-study programs be ten percent of the institution's expenditures under such programs. Title III: Construction, Reconstruction, and Renovation of Academic Facilities - Revises title VII (Construction, Reconstruction, and Renovation of Academic Facilities) to eliminate the authorization of appropriations for FY 1985 for part A (Grant for the Construction, Reconstruction, and Renovation of Undergraduate Academic Facilities) and part B (Grants for the Construction, Reconstruction, and Renovation of Graduate Academic Facilities). Lowers (from $80,000,000 to $18,775,000) the authorization of appropriations for FY 1985 for part C (Loans for Construction, Reconstruction, and Renovation of Academic Facilities), and provides that none of the sums appropriated pursuant to the authorization of appropriations under this Act or otherwise available may be used for commitments for new loans under title VII of the Act. Authorizes appropriations for part D general provisions relating to recovery of payments under title VII. Title IV: Fund for the Improvement of Post-secondary Education - Revises provisions of title X (Fund for the Improvement of Postsecondary Education). Directs the Secretary to require a recipient of assistance under part A (Establishment and Operation of Fund) to pay 50 percent of the allowable costs incurred by the recipient in carrying out a project assisted under such part. Authorizes appropriations to carry out title VII of the Act for FY 1985. Makes technical amendments. Title V: Effective Dates - Sets forth effective dates for specified provisions of this Act.
United States · United States Congress · 5 April 1984
Amends the Higher Education Act of 1965 ("the Act") to revise title I provisions. Retitles title I (currently "Continuing Postsecondary Education Program and Planning") as "Targeted Educational Outreach and Informational Programs." Retitles and replaces part A (currently "Commission on National Development in Postsecondary Education") with new provisions for "Postsecondary Education Innovation and Expansion Grants." Directs the Secretary of Education to carry out a program, in accordance with such title I part A, to assist eligible postsecondary institutions to establish programs to enhance the educational opportunities available to adult learners. Directs the Secretary, from specified sums, to award grants to institutions with applications meeting specified criteria for such assistance. Sets the maximum award that may be made under a single application under part A at $200,000 (to remain available for expenditure for not more than a three-year period). Makes institutions of higher education, as defined under general provisions of the Act, and combinations of such institutions eligible to apply for such assistance. Sets forth permissible uses of such grant funds. Authorizes appropriations for FY 1985 through 1989 to carry out part A. Retitles and replaces part B (currently "Education Outreach Programs") with new provisions for "Postsecondary Outreach Grants." Directs the Secretary, in accordance with such title I part B, to carry out a program to assist postsecondary institutions to establish and carry out programs designed to encourage the establishment and growth of off-campus educational programs. Authorizes the Secretary to award grants to institutions with applications meeting specified criteria for assistance. Sets the maximum award that may be made under a single application under part B at $100,000 (to remain available for expenditure for not more than a three-year period). Makes institutions of higher education, as defined under general provisions of the Act, or combinations of such institutions, eligible for such assistance. Sets forth permissible uses of such grant funds. Authorizes appropriations for FY 1985 through 1989 to carry out part B. Eliminates provisions for the National Advisory Council on Continuing Education. Sets forth new title I part C provisions for "Research Program Grants." Authorizes the Secretary to make grants to, and contracts with, institutions of higher education, public and private institutions and organizations, and States, or any combination thereof, to support the purposes of such part C by providing assistance to such educational institutions for specified educational research, development, information, and training activities relating to postsecondary education for adult learners. Sets forth application requirements for such grants and contracts. Sets the maximum award that may be made under a single application under part C at $200,000 (to remain available for expenditure for not more than a three-year period). Sets forth permissible uses of funds under part C. Authorizes appropriations for FY 1985 through 1989 to carry out part C. Sets forth a new title I part D ("Defined Term") which defines the term "adult learner" for purposes of title I.
United States · United States Congress · 3 April 1984
Older Americans Amendments of 1984 - Amends the Older Americans Act of 1965 to consolidate into one authorization of appropriations the authorizations of appropriations for supportive services and senior centers, congregate nutrition services, home delivered nutrition services, and administration. Authorizes amounts to be appropriated for FY 1985 through 1987 for the purposes of making grants for such services and administration. Limits to 85 percent the Federal share of all such costs, including the cost of conducting an ombudsman program. Authorizes the Secretary of Agriculture to donate for nutrition services certain agricultural commodities acquired under the surplus commodities and price support programs. (Current law requires the Secretary to donate the commodities). Authorizes amounts to be appropriated for FY 1985 through 1987 for: (1) the Federal Council on the Aging; and (2) grants for Indian tribes. Requires a State, in order to be eligible for a State and community programs on aging grant, in addition to present requirements: (1) to provide, with respect to nutrition services and supportive services, that each project providing such services will give participating individuals a chance to make a voluntary contribution for the cost of the service provided, and that such contributions will be used for the supportive or nutrition services provided; (2) to provide, with respect to nutrition services, that the State agency will publish before the beginning of each fiscal year a statement of its goals as to the number and the cost per meal of congregate and home-delivered meals to be served in that fiscal year, and will publish after the end of each fiscal year a statement of the actual number of meals served. Authorizes the Commissioner of the Administration on Aging to make grants or provide reimbursement to a State for disaster relief services, upon application for such grants or reimbursement. (Current law authorizes the Commissioner to provide reimbursement but not grants). Provides that such payments may be used for supportive services or nutrition services. (Current law provides only for the use of such payments for supportive services). Revises provisions for training, research, and discretionary projects and programs. Continues, with some revisions, authority to make grants for: (1) the education and training of personnel for the field of aging; (2) gerontology centers; (3) research, development, and demonstration projects; and (4) national impact activities. Authorizes amounts to be appropriated for such grants for FY 1985 through 1987. Eliminates requirements that special consideration be given to grants for: (1) special health care needs of the elderly; (2) assistance in meeting the special housing needs of the aged; (3) certain education and training for the aged; (4) the improvement of services to special categories of the elderly; and (5) transportation systems for the rural elderly. Eliminates authority for: (1) certain special projects in comprehensive long-term care; (2) special projects on legal services for the elderly; and (3) utility and home heating cost demonstration projects. Makes technical amendments. Sets forth the effective date. Amends the Age Discrimination Act of 1975 to require that reports from Federal agencies and departments to the Secretary of Health and Human Services, and that reports by the Secretary to Congress, shall be made only as often as the Secretary requires the reports from the departments and agencies. (Current law requires annual reports).
United States · United States Congress · 28 March 1984
Adult Education Act Amendments of 1984 - Amends the Adult Education Act ("the Act") to redefine "adult" to mean a person who is beyond the age of compulsory school attendance under State law. Redefines "adult education" to mean instruction or services below the college level for adults who do not have: (1) the basic skills to enable them to function effectively in society; or (2) a certificate of graduation from a school providing secondary education (and who have not achieved an equivalent level of education). Revises other definitions for purposes of such Act. Revises provisions for grants to States to provide that such grants shall cover the full cost (currently 90 percent) of specified programs and to permit private for-profit organizations to participate in grant programs. Revises provisions relating to allotment of such grant funds among States and specified U.S. territories and possessions. Revises provisions for State plans. Permits a State, if it so provides in its State plan, to use grant funds for: (1) adult education projects (including ones serving persons with limited english speaking ability) which use innovative methods, materials, or activities or are part of community school programs carried out in cooperation with other Federal, State, or local programs; and (2) projects for training persons who are, or are planning to become, instructors or other personnel in the field of adult education. Revises provisions relating to administration of State plans to authorize the Secretary of Education to take appropriate action under specified provisions of the General Education Provisions Act whenever the Secretary has reason to believe that a State has failed to comply substantially with any provision of its State plan. Revises provisions for research, development, demonstration, dissemination, and evaluation programs. Deletes requirements that the Secretary fund such programs and deletes specified funding provisions for such programs. Deletes a requirement that the Secretary operate an information clearinghouse on adult education. Authorizes the Secretary (with specified funds which the Secretary is authorized to set aside, not to exceed five percent of the funds appropriated for the Act) to support applied research, development, demonstration, evaluation and related activities which will contribute to the improvement and expansion of adult education (including opportunities for elderly persons). Authorizes the Secretary to support such activities directly, or through grants to or contracts or cooperative agreements with public or private institutions, agencies, or organizations, or individuals. Authorizes the Director of the National Institute of Education to support research on the special needs of persons requiring adult education, with funds available under specified provisions of the General Education Provisions Act or with funds set-aside under the Act. Authorizes the Director to support such research directly or through grants, contracts, or cooperative agreements. Revises provisions for State advisory councils to delete requirements relating to council membership, certification, and meetings. Authorizes States to use grant funds to support a State advisory council which assists the State educational agency to plan, implement, or evaluate programs or activities under the Act. Extends the existence of the National Advisory Council on Adult Education until October 1, 1989. Authorizes appropriations for FY 1985 through 1989 to carry out the Act. Authorizes the Secretary to set aside up to five percent of such appropriations for research, development, demonstration, dissemination, and evaluation programs. Permits a State to use grant funds to pay: (1) for the development and administration of of its State plan; and (2) up to 50 percent of the local administrative costs of programs or projects carried out through local educational agencies or public or private agencies, organizations or institutions. Repeals provisions of the Act relating to: (1) program costs; (2) use of funds for special experimental demonstration projects and teacher training; (3) special projects for the elderly; and (4) an adult education program for adult immigrants. Repeals specified maintenance of effort provisions under the General Education Provisions Act.
United States · United States Congress · 27 March 1984
Amends the Native American Programs Act of 1974 to authorize appropriations for FY 1985 through 1987. Authorizes financial assistance to private entities for projects which promote economic and social self-sufficiency for Native Americans.
United States · United States Congress · 22 March 1984
Amends the Runaway and Homeless Youth Act to authorize appropriations for FY 1985 through 1987. Permits for-profit private entities to be used for specified purposes under such Act.
United States · United States Congress · 15 March 1984
Public Employee Pension Plan Reporting and Accountability Act of 1984 - Imposes disclosure and reporting requirements upon State and local government pension plans. Establishes fiduciary standards for trustees of public employee pension benefit plans. Provides remedies and access to Federal courts. Specifies employee benefit plans which are exempt from this Act. Title I: Reporting and Disclosure - Requires the administrator of each public employee pension benefit plan to submit a registration statement to the appropriate State Governor within one year of enactment of this Act. Exempts a plan from the reporting and disclosure requirements of this Act if a State Governor certifies to the Secretary of Labor that: (1) State requirements are substantially equivalent to those of this Act; (2) the State can adequately administer its requirements; and (3) the State can adequately collect the requisite reports. Requires the Secretary of Labor to terminate any certification if a State is not meeting Federal requirements. Requires the plan administrator to: (1) publish a summary plan description; and (2) furnish such description to plan participants, beneficiaries, and specified persons. Delineates the contents of such summary plan description. Requires such description to: (1) state the rights of participants and beneficiaries; and (2) include an update whenever material modifications are made to the plan. Requires the plan administrator to publish an annual report. Specifies the contents of such report. Directs such administrator to engage an independent qualified public accountant to ascertain whether the financial statements and schedules in the annual report present fairly and in all material respects the information contained in the annual report. Requires the accountant's opinion to be included in the annual report. Requires the annual report to include a financial statement containing specified information, including the most recent annual statement of assets and liabilities of a common or a collective trust held by a bank or similar institution. Requires each plan to maintain a schedule of: (1) all assets held for investment purposes during each plan year; and (2) each transaction involving a party in interest. Requires annual reports to include, with respect to a defined benefit plan, a complete actuarial statement applicable to the appropriate plan year. Directs the plan administrator to engage an enrolled actuary to prepare such statement. Delineates the contents of the actuarial statement. Requires the annual report to include a statement from an insurance organization if any plan benefits are purchased from or guaranteed by such organization. Details the contents of such statement. Requires the enrolled actuary of the plan to make an actuarial valuation at least once every three plan years. Directs the plan administrator to furnish, upon written request of certain persons, a copy of summary plan descriptions and the status of an individual's plan benefits and contributions. Provides guidelines under which the plan administrator is directed to file the annual report with either the Secretary of Labor (the Secretary) or the appropriate State Governor. Authorizes the Secretary or Governor to reject the information filed by the plan administrator, and to take the following actions: (1) retain an independent public accountant to perform an audit; (2) retain an enrolled actuary to prepare an actuarial report; or (3) bring a civil action to enforce this Act. Presents guidelines for notice and review where claims for benefits are denied. Title II: Requirements Relating to Fiduciary Functions - Requires every plan to be established and maintained by written instructions which designate at least one named fiduciary. Details the functions of named fiduciaries and trustees. Establishes fiduciary and trustee liability. Prohibits certain transactions. Authorizes the Secretary to grant specified exemptions regarding such transactions. Imposes personal liability upon fiduciaries who fail to meet the fiduciary requirements, including removal for specified violations. Prohibits persons who have been convicted of, or imprisoned for, certain offenses from holding specified positions. Requires plan fiduciaries to be bonded. Specifies exceptions. Sets forth guidelines for the bonding procedure. Sets a limitation on actions which may be brought regarding failure to meet fiduciary requirements. Title III: Administration and Enforcement - Authorizes civil actions to redress violations of this Act. Imposes personal liability upon: (1) a plan administrator who fails to comply with a request for information; or (2) any person who fails to file required forms. Authorizes a plan to sue or be sued. Grants the United States district courts exclusive jurisdiction of civil actions brought under this Act. Grants concurrent jurisdiction to State courts and Federal district courts for specified actions. Authorizes the Federal district court to award reasonable attorney's fees under certain circumstances. Provides that suits brought against the Secretary may be brought in Federal district court. Authorizes the Secretary or appropriate State official to assess and collect a civil penalty against a party in interest who has engaged in a prohibited transaction. Grants such Secretary and State official investigative powers to determine violations of this Act. Details the extent of such powers. Authorizes the Secretary to prescribe regulations to administer this Act. Directs such Secretary to cooperate with State and local governments regarding the exchange of data and information. Prohibits interference with the exercise of rights by a plan participant or beneficiary. Establishes an Advisory Council on Governmental Plans, comprised of eleven members appointed by the President. Requires Council members to be qualified to appraise the plans falling under this Act. Requires the Council to: (1) report to the President and each House of Congress regarding implementation of this Act with possible recommendations for legislation; (2) advise the Secretary and make recommendations; and (3) monitor the costs incurred by plans under this Act and recommend cost reduction measures. Directs the Secretary to furnish staff services to the Council. States that this Act supersedes any State laws regarding public employee pension benefits plans. Specifies exceptions. Authorizes appropriations.
United States · United States Congress · 15 March 1984
Public Employee Pension Plan Reporting and Accountability Act of 1984 - Imposes disclosure and reporting requirements upon State and local government pension plans. Establishes fiduciary standards for trustees of public employee pension benefit plans. Provides remedies and access to Federal courts. Specifies employee benefit plans which are exempt from this Act. Title I: Reporting and Disclosure - Requires the administrator of each public employee pension benefit plan to submit a registration statement to the appropriate State Governor within one year of enactment of this Act. Exempts a plan from the reporting and disclosure requirements of this Act if a State Governor certifies to the Secretary of Labor that: (1) State requirements are substantially equivalent to those of this Act; (2) the State can adequately administer its requirements; and (3) the State can adequately collect the requisite reports. Requires the Secretary of Labor to terminate any certification if a State is not meeting Federal requirements. Requires the plan administrator to: (1) publish a summary plan description; and (2) furnish such description to plan participants, beneficiaries, and specified persons. Delineates the contents of such summary plan description. Requires such description to: (1) state the rights of participants and beneficiaries; and (2) include an update whenever material modifications are made to the plan. Requires the plan administrator to publish an annual report. Specifies the contents of such report. Directs such administrator to engage an independent qualified public accountant to ascertain whether the financial statements and schedules in the annual report present fairly and in all material respects the information contained in the annual report. Requires the accountant's opinion to be included in the annual report. Requires the annual report to include a financial statement containing specified information, including the most recent annual statement of assets and liabilities of a common or a collective trust held by a bank or similar institution. Requires each plan to maintain a schedule of: (1) all assets held for investment purposes during each plan year; and (2) each transaction involving a party in interest. Requires annual reports to include, with respect to a defined benefit plan, a complete actuarial statement applicable to the appropriate plan year. Directs the plan administrator to engage an enrolled actuary to prepare such statement. Delineates the contents of the actuarial statement. Requires the annual report to include a statement from an insurance organization if any plan benefits are purchased from or guaranteed by such organization. Details the contents of such statement. Requires the enrolled actuary of the plan to make an actuarial valuation at least once every three plan years. Directs the plan administrator to furnish, upon written request of certain persons, a copy of summary plan descriptions and the status of an individual's plan benefits and contributions. Provides guidelines under which the plan administrator is directed to file the annual report with either the Secretary of Labor (the Secretary) or the appropriate State Governor. Authorizes the Secretary or Governor to reject the information filed by the plan administrator, and to take the following actions: (1) retain an independent public accountant to perform an audit; (2) retain an enrolled actuary to prepare an actuarial report; or (3) bring a civil action to enforce this Act. Presents guidelines for notice and review where claims for benefits are denied. Title II: Requirements Relating to Fiduciary Functions - Requires every plan to be established and maintained by written instructions which designate at least one named fiduciary. Details the functions of named fiduciaries and trustees. Establishes fiduciary and trustee liability. Prohibits certain transactions. Authorizes the Secretary to grant specified exemptions regarding such transactions. Imposes personal liability upon fiduciaries who fail to meet the fiduciary requirements, including removal for specified violations. Prohibits persons who have been convicted of, or imprisoned for, certain offenses from holding specified positions. Requires plan fiduciaries to be bonded. Specifies exceptions. Sets forth guidelines for the bonding procedure. Sets a limitation on actions which may be brought regarding failure to meet fiduciary requirements. Title III: Administration and Enforcement - Authorizes civil actions to redress violations of this Act. Imposes personal liability upon: (1) a plan administrator who fails to comply with a request for information; or (2) any person who fails to file required forms. Authorizes a plan to sue or be sued. Grants the United States district courts exclusive jurisdiction of civil actions brought under this Act. Grants concurrent jurisdiction to State courts and Federal district courts for specified actions. Authorizes the Federal district court to award reasonable attorney's fees under certain circumstances. Provides that suits brought against the Secretary may be brought in Federal district court. Authorizes the Secretary or appropriate State official to assess and collect a civil penalty against a party in interest who has engaged in a prohibited transaction. Grants such Secretary and State official investigative powers to determine violations of this Act. Details the extent of such powers. Authorizes the Secretary to prescribe regulations to administer this Act. Directs such Secretary to cooperate with State and local governments regarding the exchange of data and information. Prohibits interference with the exercise of rights by a plan participant or beneficiary. Establishes an Advisory Council on Governmental Plans, comprised of eleven members appointed by the President. Requires Council members to be qualified to appraise the plans falling under this Act. Requires the Council to: (1) report to the President and each House of Congress regarding implementation of this Act with possible recommendations for legislation; (2) advise the Secretary and make recommendations; and (3) monitor the costs incurred by plans under this Act and recommend cost reduction measures. Directs the Secretary to furnish staff services to the Council. States that this Act supersedes any State laws regarding public employee pension benefits plans. Specifies exceptions. Authorizes appropriations. Title IV: Matters Relating to the Internal Revenue Code of 1954 Affecting Public Employee Pension Benefit Plans - Amends the Internal Revenue Code to exempt public employee pension benefit plans from: (1) the limitation on benefits and contributions; (2) taxation; and (3) the application of tax on prohibited transactions. Treats certain information requirements as satisfying the directive of the Code if a public employee pension benefit plan meets specified requirements of this Act.
United States · United States Congress · 9 February 1984
No-Fault Multiemployer Plan Termination Insurance Reform Act of 1984 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to redefine the circumstances which trigger withdrawal liability for employers in the trucking and warehousing industries. Identifies such circumstances as: (1) the resumption or continuation by an employer of the same type of business in the same area of the pension plan within five years after such employer's contribution obligation has ceased and the employer does not renew it; and (2) the transfer by such employers of specified business assets to purchasers operating the same type of business in the same area of the plan who have no contribution obligation to any pension plan for such work. Details the conditions under which: (1) a pension plan is deemed a "trucking and warehousing plan" for purposes of this Act; (2) the cessation of an employer's contribution obligation due to loss of a contract is not considered a complete withdrawal from a pension plan; (3) the sale of an employer's business assets at auction (or in connection with Federal bankruptcy proceedings) is not considered a complete withdrawal from a pension plan; and (4) an employer's withdrawal of substantially all of the contribution base units to a plan is considered a partial or complete withdrawal from such a plan. Details the conditions under which a partial withdrawal from a trucking and warehousing pension plan occurs. Specifies exceptions. Authorizes a plan sponsor or authorized fiduciary to decline to pursue a claim for withdrawal liability under certain circumstances. Allows suspension of an employer's withdrawal liability payments, pending review of the liability determination, if the employer either posts bond or pays into escrow an amount equal to its required contribution in the last plan year ending before the alleged withdrawal. Sets forth procedural guidelines for notice and review before a plan sponsor may claim withdrawal liability from an employer deemed to have partially or completely withdrawn from a plan. Outlines the procedure under which the sponsor of a trucking and warehousing plan shall terminate a single-employer plan. Provides notification procedures if an actuary determines that a trucking and warehousing plan faces an accumulated funding deficiency. Establishes an involuntary withdrawal liability payment fund and a program under which the Pension Benefit Guaranty Corporation shall pay 90 percent of the liability incurred for involuntary withdrawal from a plan. Provides for assessments against covered plans for payments into the fund. Applies the program to involuntary withdrawals from all plans with mandatory coverage. Authorizes the Corporation to provide optional coverage. Sets standards to ascertain withdrawal liability based upon the involuntary withdrawal of an employer resulting from a certified change of collective bargaining representative. Requires the Corporation to provide for regular 12-month assessment periods for assessing each covered plan for its allocated portion of payments to the fund. Authorizes division of the fund into: (1) a mandatory coverage account; and (2) an optional coverage account. Defines the conditions under which an involuntary withdrawal occurs. Authorizes the Corporation to transfer moneys from a specified pension guaranty fund to the involuntary withdrawal liability payment fund if it determines that such a transfer is advisable to meet funding deficiencies. States that such a transfer of funds must be repaid. Sets guidelines for the Corporation to promulgate regulations for the reimbursement of withdrawals which occurred before the involuntary withdrawal liability payment program was enacted. Creates an exemption from withdrawal liability if the amount of unfunded vested benefits of a plan as of the end of a plan year is not greater than zero and the employer withdraws from such plan within a specified time. Directs the Corporation to issue regulations prescribing: (1) adjustments to the formulae used to allocate unfunded vested benefits where employer withdrawal from a plan occurs after an exemption period; and (2) the actuarial assumptions used to determine unfunded vested benefits and withdrawal liability. (Currently, the Corporation's authority to prescribe such regulations is discretionary.) States that a complete or partial withdrawal from a plan does not occur if the purchaser in a bona fide conveyance assumes the former employer's plan contribution obligations. Prescribes guidelines for the determination of: (1) complete or partial withdrawal by the seller; (2) amount of unfunded vested benefits allocable to the seller; (3) complete or partial withdrawal by the purchaser; and (4) the amount of unfunded vested benefits allocable to the purchaser. Authorizes the Corporation to impose additional requirements to reduce unreasonable risks to the plan if the purchaser is in a less favorable financial position than the seller immediately after conveyance of the business. Prescribes transitional rules for: (1) past business conveyances causing no withdrawal; and (2) past business conveyances causing exempt withdrawal. Prescribes guidelines under which the sponsor of a multiemployer plan shall furnish, upon an employer's request, information necessary to compute withdrawal liability and potential withdrawal liability. Authorizes the Corporation, upon request, to approve rules for the reduction or elimination of withdrawal liability. Sets quidelines under which such approval will be granted. Provides that the funding standard account for a plan year shall be charged with sums computed according to specified formulae. Makes technical and conforming amendments to the Internal Revenue Code. Reduces from 25 years to 15 years the schedule for amortization of a plan's unfunded vested benefits liability in the case of a plan in reorganization under bankruptcy law. Establishes formulae for minimum contribution requirements if a plan does not meet specified asset/benefit ratios. Makes technical and conforming amendments to the Internal Revenue Code. Voids any withdrawal liability incurred as the result of the complete or partial withdrawal from a multiemployer plan under certain Acts prior to September 26, 1980. Requires refund of any amounts paid as a result of such liability.
United States · United States Congress · 8 February 1984
Vocational Education Consolidation Act of 1984 - Part A: General Provisions - Authorizes appropriations to carry out this Act in a specified amount for FY 1985 and in such sums as may be necessary for FY 1986 through 1989. Provides that funds appropriated under specified provisions of the Smith-Hughes Act (also known as the Vocational Education Act of 1917) shall be considered as funds appropriated for this Act. Authorizes the Secretary of Education to reserve up to five percent of such appropriations for national programs under part C of this Act. Directs the Secretary to allot the remainder of such appropriations to States and insular areas according to a formula based on: (1) relative numbers of unemployed persons aged 15 through 19, 20 through 44, and 45 through 64; and (2) relative per capita income. Provides for minimum allotments and for reallotment under specified circumstances. Requires States to submit annual proposed use reports to the Secretary, after making such reports available for public comment, in order to receive funds under part B of this Act. Requires States to provide for financial and compliance audits of programs supported by funds received under this Act. Directs the Secretary to submit an annual report to Congress on the status of vocational education in the Nation. Establishes a National Advisory Council on Vocational Education for the period for which funds are appropriated under this Act. Provides for the applicability of specified provisions of the General Education Provisions Act to programs under this Act. Part B: State Programs - Directs the Secretary to make grants to each State, in accordance with its allotment under part A, to establish, expand, and improve vocational education programs, projects, services, and activities. Authorizes each State to set aside that portion of such allotment as is required for the State's administration of the programs, projects, services, and activities described in its proposed use report. Requires each State to use, from the remainder of its allotment for each fiscal year, at least: (1) 30 percent for subpart 1 programs (Economic Development and Skilled Work Force Training); and (2) 30 percent for subpart 2 programs (Strengthening State and Local Systems of Vocational Education). Requires that, of such funds for subparts 1 and 2 programs, at least ten percent be used to meet the special needs of handicapped persons and at least 20 percent be used to meet the special needs of educationally disadvantaged persons. Authorizes a State to use up to 50 percent of funds for subparts 1 and 2 programs to pay an eligible recipient's administrative cost. Authorizes a State to use funds from its allotment to pay for the cost of any State or local advisory council which assists the planning, implementation, or evaluation of a program, project, service, or activity under this Act. Prohibits a State from using funds from its allotment to pay for the cost of stipends or construction. Authorizes each State to: (1) use its allotment directly, or to make grants to or enter into contracts with eligible recipients, to carry out part B programs; and (2) prescribe the manner in which grants and contracts are made to eligible recipients and whatever terms, consistent with Federal requirements, are reasonable and necessary for administration of part B programs. Subpart 1: Economic Development and Skilled Work Force Training - Requires that skilled work force training conducted under this part correspond to current State or local economic needs or plans specifically described in the proposed use report. Requires States to use the amount reserved for this subpart for one or more specified activities relating to vocational education programs, projects, services, and activities that foster State and local economic development by training or retraining persons in occupational skills needed by business and industry. Requires each State and eligible recipient to make its best efforts to recruit for enrollment or participation in this subpart's programs persons whose jobs have been lost or jeopardized by technological or economic change. Subpart 2: Strengthening State and Local Systems of Vocational Education - Requires States, in using funds reserved for this part, to give careful consideration to the special needs of educationally disadvantaged persons, handicapped persons, and persons with limited English proficiency. Requires States to use the amount reserved for this part for one or more specified activities relating to strengthening of State and local vocational education systems so that all persons, regardless of sex, can participate in programs designed to provide needed job skills and foster economic development. Part C: National Programs - Directs the Secretary to use funds reserved for this part to support one or more programs, projects, services, or activities authorized under specified provisions of this part. Authorizes the Secretary to support directly, or through grants to, or contracts or cooperative agreements with, public or private institutions, agencies, or organizations for specified research-related activities. Authorizes the Secretary to support a National Center for Research in Vocational Education to conduct one or more of such activities, including information dissemination. Authorizes the Secretary, upon the request of any Indian tribe eligible to contract with the Secretary of the Interior for administration of programs under specified Acts, to make grants, contracts, or cooperative agreements with the tribal organization to plan, conduct, and administer vocational education programs authorized under part B of this Act which are consistent with tribal economic development plans. Directs the Secretary to award funds for such programs on a competitive basis. Authorizes the Secretary to support the National Occupational Information Coordinating Committee established under the Job Training Partnership Act, as amended by this Act. Authorizes the Secretary to support directly, or through grants, contracts, or cooperative agreements, specified program improvement activities to meet national skilled work force needs. Part D: Definitions - Sets forth definitions of terms used in this Act. Part E: Conforming Amendments; Repeals; Effective Date - Amends the Job Training Partnership Act to revise definitions of local and State educational agencies under such Act. Makes technical and conforming amendments to such Act. Establishes, under such Act, a National Occupational Information Coordinating Committee which shall serve as the successor to the entity previously established under the Vocational Education Act of 1963. Makes technical and conforming amendments to other specified Federal laws. Repeals the Vocational Education Act of 1963. Provides that funds appropriated for use during FY 1984 or FY 1985 under such Act that are not obligated by July 1, 1985, by a State or other recipient shall remain available for obligation under this Act.
United States · United States Congress · 2 February 1984
Amends the Internal Revenue Code to allow an income tax credit for retraining expenses for individuals who are unemployed. Sets the amount of such credit at 50 percent of an individual's retraining expenses up to a limit of $1,000. Sets forth rules for the carryback and carryforward of such income tax credit. Defines "retraining expenses" as: (1) any tuition or fees for an eligible training program at a qualified institution; (2) expenses for books, supplies, or equipment; and (3) any other expense directly related to participation in such a training program (other than food, lodging, or travel).
United States · United States Congress · 31 January 1984
Amends the Privacy Act of 1974 to provide that no agency shall rely on any exemption within such Act in order to withhold from any individual any record which is otherwise accessible under the provisions of the Freedom of Information Act.
United States · United States Congress · 25 January 1984
Authorizes expenditures by the House Committee on Education and Labor for the second session of the 98th Congress, including the procurement of consultant services and assistance for specialized training for its professional staff.
United States · United States Congress · 25 January 1984
Authorizes expenditures by the Subcommittee on Labor Management Relations of the Committee on Education and Labor for the second session of the 98th Congress, including the procurement of consultant services.
United States · United States Congress · 18 November 1983
National Observance Advisory Act - Establishes a commission known as the President's Advisory Commission on National Observances to establish criteria for recommending to the President that a proposed national observance be approved or disapproved.
United States · United States Congress · 18 November 1983
Student Loan Collection Improvement Amendments of 1983 - Title I - Amends the Higher Education Act of 1965 (HEA) to revise provisions for the guaranteed student loan (GSL) program. Revises GSL provisions for conditions for Federal loan insurance to grant lenders the option of requiring endorsement of the loan by a co-signer. Deletes a 15-year limitation on the period of the loan. Revises provisions for disbursement of loans to require that the funds borrowed be disbursed by check: (1) sent to the eligible institution the student attends or plans to attend, and made payable to the order of the student and such institution as copayees, with the endorsement of both parties required; or (2) in cases where the institution is not located in a State or where the loan is an auxiliary loan to a parent, sent to the borrower and made payable to the order of the borrower, with the endorsement of the borrower required, and a notice of disbursement sent by the lender or the Secretary of Education to the eligible institution. Revises GSL provisions for agreements with State and nonprofit private institutions for subsidy payments on loans insured under the student loan insurance program of such State or institution to also: (1) delete a 15-year limitation on the period of the loan; and (2) make similar revisions of the loan disbursement procedure. Requires that such agreements provide for: (1) independent financial and compliance audits of the guarantee agency, with regard to its performance under such an agreement, at least once every two years; and (2) recovery by the Secretary from the guarantee agency of amounts, plus interest, determined by such audits to be owing. Provides that, notwithstanding any provision of State law that would set an earlier deadline for filing suit, any suit for the collection of the amount due from a GSL borrower may be filed during a six-year period: (1) after the date a guarantee agency reimburses the previous holder of the loan for its loss on account of the borrower's default; and (2) after the date on which the loan is assigned to the Secretary. Provides that, notwithstanding any provision of State law to the contrary, in collecting any obligation arising from a loan made under GSL provisions, a guarantee agency which has an agreement with the Secretary shall not be subject to a defense raised by any borrower based on: (1) a claim of infancy; or (2) the action or omission of an eligible institution or lender, if such agency did not have actual notice of such defense when such agency reimbursed the previous holder of the loan for its loss. Revises provisions for payment of excess recovery to the insured to include reasonable administrative and collection costs, to the extent set forth in regulations issued by the Secretary, in the costs of the Secretary's recovery on any loan covered by Federal loan insurance pursuant to GSL provisions. Requires, under GSL provisions, each guarantee agency (as well as the Secretary) to enter into cooperative agreements with credit bureau organizations to exchange information concerning student borrowers. Deletes GSL program requirements: (1) for notice to the borrower before certain information is disclosed; (2) for establishment of a system for prompt notification of borrowers; and (3) relating to other conditions under Federal law, for Federal agency disclosure of individual records. Provides that a guarantee agency (or a credit bureau organization) which discloses or receives such information shall not be considered a Government contractor within the meaning of specified Federal law relating to Federal agency disclosure of individual records. Authorizes the Secretary and each guarantee agency to disclose specified information concerning student borrowers to the eligible institutions such borrowers attend or previously attended. Provides that, notwithstanding any provision of State law to the contrary, in collecting any obligation arising from a loan made under GSL provisions, the United States shall not be subjected to a defense raised by any borrower on either a claim of infancy or the action or omission of an eligible institution or lender, if the Secretary and the Secretary's agents did not have actual notice of such defense when the Secretary reimbursed the previous holder of the loan for its loss. Authorizes the Secretary to impose a civil penalty of up to $25,000 for each of specified violations or failures to carry out student aid provisions or regulations or misrepresentations of financial charges by a lender or guarantee agency. Authorizes the Secretary to compromise such penalties. Title II - Revises HEA provisions for the national direct student loan (NDSL) program. Requires NDSL agreements to provide that where a note or written agreement evidencing a loan is in default despite due diligence on the part of the institution to collect such loan, that: (1) if the institution has failed to maintain an acceptable collection record generally with respect to NDSL loans, the Secretary may require such institution to assign its rights under such note or agreement to the United States, without recompense; or (2) if the institution has not failed to maintain an acceptable NDSL collection record, the Secretary may allow it to assign its rights under such note or agreement to the United States, without recompense. Requires each institution to include in its information to NDSL student borrowers a description of any penalty imposed as a consequence of default (such as liability for expenses reasonably incurred in attempts by the Secretary or institutions to collect on a loan). Revises required terms of NDSL loans to grant institutions the option of requiring NDSL loans to be endorsed by a cosigner. Makes mandatory, rather than discretionary, the assessment of a charge for failure of an NDSL borrower to pay all or part of an installment when due. Requires that such charge include the expenses reasonably incurred in attempting such collection with respect to such loan. Authorizes the Secretary, in attempting to collect any defaulted NDSL loan, to use any collection means, available to the United States, including referral to the Attorney General litigation. Directs the Secretary to continue to collect any loan assigned under provisions for assignment of rights to the United States until all appropriate collection efforts, as determined by the Secretary, have been expended. Provides for a six-year statute of limitations on specified collection suits for NDSL loans, similar to that provided by the GSL amendments under title I of this Act. Title III - Revises general provisions for student assistance programs under HEA. Revises provisions for student eligibility for any grant, loan, or work assistance under HEA to require that a student not owe a refund on grants previously received at any institution, or be in default on any loan from a student loan fund at any institution, or a loan made, insured, or guaranteed by the Secretary for attendance at any institution. Provides for a six-year statute of limitations on specified collection suits for refunds due from a student on a grant made or work assistance awarded under HEA. Requires borrowers who have defaulted on student loans under HEA to pay reasonable collection costs, in addition to other charges specified under HEA, notwithstanding State law. Authorizes the Secretary to prescribe regulations for recovery by the Secretary from the eligible institution of amounts, plus interest, determined by specified audits to be owing. Title IV - Sets forth the effective dates of specified amendments made by this Act.
United States · United States Congress · 16 November 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to delay for one year the effective date of special rules concerning top-heavy employee benefit plans (plans which discriminate in favor of highly compensated employees). Requires the Secretary of the Treasury to conduct a study of such special rules and report to specified committees of the Congress.
United States · United States Congress · 10 November 1983
Great Lakes Water Preservation Act - Provides that Great Lakes water shall not be diverted for use outside a Great Lakes State unless such diversion is approved by all eight Great Lakes States (Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin) and the International Joint Commission. Prohibits any Federal study of Great Lakes water diversion unless such study is undertaken by the Corps of Engineers under the direction of the International Joint Commission in accordance with the Boundary Waters Treaty of 1909.
United States · United States Congress · 10 November 1983
Emergency Student Loan Consolidation Act of 1983 - Amends part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) of title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to add new provisions for student loan consolidation. Directs the Secretary of Education (or a State or nonprofit private institution or organization with which the Secretary has an agreement under provisions for Federal payments to reduce interest costs) to enter into agreements with the Student Loan Marketing Association (Sallie Mae) and specified eligible commercial lenders to provide consolidation loans to eligible borrowers. Provides for such consolidation of student loans made, insured, or guaranteed under part B or under part E (Direct Loans to Students in Institutions of Higher Education). Requires that such consolidation loans be covered by a properly issued certificate of insurance. Provides that loans covered by a certificate of insurance issued by a State or nonprofit private institution or organization shall be considered to be insured loans for purposes of Federal reimbursements, but that no administrative cost allowance will be paid with respect to such loans. Defines eligible borrowers, for consolidation loan purposes, as those who: (1) either owe at least $5,000 to two or more lenders or programs under title IV or owe $7,500 to a single lender under part B; (2) are in repayment status, or in the grace period preceding repayment status, and are not delinquent with respect to any required payment on such indebtedness by more than 60 days; and (3) are not parent borrowers under the Auxiliary Loan program. Terminates an individual's eligibility for a consolidation loan upon receipt of a consolidation loan, except with respect to student loans received after the date of receipt of the consolidation loan. Provides that only loans received after such date shall be taken into account for the purpose of computing the outstanding indebtedness of such an individual. Sets forth requirements for such consolidation loan agreements. Requires eligible commercial lenders to agree to make consolidation loans upon application of any eligible borrower, if and only if the lender holds an outstanding loan of the borrower and the borrower has no other application pending with another lender for a consolidation loan. Requires Sallie Mae to agree to make a consolidation loan upon application of any eligible borrower, if that borrower has no other application pending with another lender for a consolidation loan. Sets forth requirements for certificates of insurance for consolidation loans. Requires that such certificates include: (1) reporting requirements of the Secretary on the lender and an identification of the office of the Department of Education, or of the State or nonprofit private institution or organization, which will process claims and perform other related administrative functions; (2) any alternative repayment terms which will be offered to borrowers by the lender; (3) a requirement that a lender who no longer proposes to make consolidation loans notify the issuer so that the certificate may be terminated; and (4) the terms upon which the issuer may limit, suspend, or terminate the lender's authority to make consolidation loans under the certificate. Provides that such consolidation loans shall be insurable only if the loan is made to an eligible borrower who has agreed to notify the holder of the loan promptly concerning any change of address and the loan is evidenced by a note or other written agreement which meets specified requirements. Sets the interest rate for such consolidation loans at nine percent per year (but at ten percent in the case of consolidation of auxiliary loans made to an independent undergraduate or graduate student). Permits consolidation loan lenders, to the extent authorized by the certificate of insurance, to establish repayment terms, including graduated and income sensitive repayment schedules. Limits repayment periods to specified maximum periods depending on the loan amount. Requires commencement of repayment within a specified period after all holders have discharged the borrower's liability on the loans selected for consolidation. Prohibits charging an origination fee or insurance premium to the borrower on any consolidation loan. Provides that no insurance premium shall be payable by the lender to the issuer of the certificate of insurance with respect to any such loan. Provides that authority to make such consolidation loans expires at the close of September 30, 1986. Provides that consolidation loans shall not be considered to be new loans made to students for purposes of determining the maximum amount of loans that can be federally- insured under specified HEA provisions. Makes technical and conforming amendments. Provides that the applicable percentage to be added in determining the special allowance on consolidation loans shall be three percent (rather than three and one half percent). Extends the authority of Sallie Mae to make consolidation loans under its current certificate of comprehensive insurance coverage from the Secretary for the first six months after the enactment of this Act. Requires that loans made under such extended consolidation authority: (1) be made only to individuals who filed applications prior to November 1, 1983; (2) bear nine percent interest; (3) use three percent as part of the formula for determining the special allowance; and (4) be repaid within 15 years. Declares that no holder of a consolidation loan made under such extended authority shall have a contractual right against the United States to receive a special allowance which is greater than that permitted under the three percent formula. Provides that HEA provisions for termination of Sallie Mae's authority to make consolidation loans shall not preclude Sallie Mae from making specified consolidation loans (with certain interest, repayment period, and special allowance terms) for which the promissory note was signed, or delivered or sent for signature, before November 1, 1983. Directs the National Institute of Education to: (1) evaluate the cost, efficiency, and impact of the consolidation loan program established by this Act; and (2) report to the Congress by June 30, 1986, on its findings and recommendations.
United States · United States Congress · 2 November 1983
Retirement Equity Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to lower from age 25 to age 21 the age limitation for minimum participation and vesting standards for pension plans. Prohibits certain defined benefit plans from requiring, as a condition for plan participation, that employees complete period of service extending beyond the earlier of age 25 or the vesting expectation date. Lowers from age 22 to age 18 the age limitation for the computation of periods of service. States that years of service may be disregarded when computing periods of service for participation or vesting purposes if breaks in service during such a period amounted to five or more one-year breaks. Treats breaks in service due to pregnancy, birth, or adoption of a child as completed hours of service according to a specified formula. Accords such treatment only in the year of the pregnancy, birth or adoption, and only to participants who would incur a one-year break in service without such treatment. Requires pension plans which provide life annuity benefits to pay such benefits in the form of a qualified joint and survivor annuity. Requires that each pension plan participant have the option of electing, waiving, or revoking the joint and survivor annuity form of benefit. Conditions the efficacy of such election upon: (1) the written consent of a participant's spouse; (2) a written acknowledgement by a participant's spouse of the effect of such election; and (3) an official witnessing of such spousal consent by a plan representative or notary public. Limits such consent to the signatory spouse. Requires pension plans to furnish participants with written explanations of the terms and rights of election regarding joint and survivor annuities. Prohibits joint and survivor annuity payments from being less than the actuarial equivalent of payments made if the annuitant had lived to the earliest date of retirement or had separated from service on the date of death. Requires the surviving spouse's consent for any distribution of nonforfeitable benefits exceeding $3,500. Requires such benefits to be paid according to the surviving spouse's written requests. States that plans subject to funding requirements must provide benefits payable in the form of an annuity. Exempts qualified domestic relations orders from the Act's proscriptions against alienation and assignment of pension plan benefits. Sets procedural guidelines for the payment of such benefits to an alternate payee under such orders. Prohibits alternative payees from receiving any portion of any increase in a participant's accrued benefits if such increases occur after payments to such payees have begun. Declares that alternate payees under domestic relations orders are not considered to be, by virtue of such orders, participants or beneficiaries under the pension plan. Increases from $1,750 to $3,500 the allowable mandatory distribution from a retirement plan. Requires notification to participants that certain benefits may be forfeitable if the participant dies before a certain date. Sets December 31, 1984 as the effective date of this Act for existing plans. Provides transitional dates and certain effective dates for plans maintained under collective bargaining agreements.
United States · United States Congress · 29 September 1983
Pension Equity Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 ("the Act") to lower the age limitation for: (1) minimum pension plan participation standards from age 25 to age 21; and (2) the computation of periods of service from age 22 to age 21. Credits as "hours of service" employee absences due to the birth or adoption of a child if the employee would incur a one-year break in service without such credit. Limits such credit to the year of birth or adoption. Includes such credit in the computation of accrued benefits under a pension plan. Requires pension plan annuities which are under either the normal form of benefit or the optional form of benefit to have the effect of a qualified joint and survivor annuity. Requires that pension plan participants receive a written explanation of the terms of joint and survivor annuity benefits before they elect to accept or reject such benefits. Prohibits survivor annuity payments from being less than joint annuity payments would have been if retirement had preceded death. Requires that pension plans treat surviving individuals who were spouses of annuitants for the one-year period ending on the annuity starting date as though such survivors were the annuitant's spouse on the day of death, regardless of actual marital status on the date of death. Authorizes annuitants and certain spouses to waive such survivor's annuity. Conditions the efficacy of a participant's election regarding joint and survivor annuity benefits upon the written consent of the participant's spouse. Exempts qualified domestic relations orders from the Act's proscriptions against alienation and assignment of pension plan benefits. Sets forth procedural guidelines for the payment of benefits to an alternate payee under such an order. Amends the Internal Revenue Code to provide that investments in annuity contracts that are subject to domestic relations orders will be allocated on a pro rata basis between the appropriate distributions under such orders. Allows certain distributions made to alternate payees under domestic relations orders to be treated as qualifying rollover distributions. Amends the Act to require plan administrators to notify participants that certain benefits may be forfeitable if the participant dies. Raises from $1750 to $3,500 the ceiling placed on distributions made for employee services which may be disregarded for purposes of determining accrued benefits.
United States · United States Congress · 20 September 1983
Regulatory Oversight and Control Act of 1983 - Title I: Agency Rulemaking Improvements - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including a statement of its determination that the benefits of the rule will justify the costs of the rules and that the rule will achieve rulemaking objectives in a more cost effective manner than the alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules that may be added by the agency or the President. Declares that each such rule shall cease to be effective not more than ten years after the date the final schedule is published. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, on which the rule will expire and the date by which the rule must be reviewed. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to reissue or amend the rule; or (5) publish an explanation of its decision to allow the rule to expire. Allows agencies to alter review schedules if the President agrees. Amends the Administrative Procedure Act to eliminate the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Title II: Congressional Review of Agency Proceedings - Requires each agency to transmit a copy of each rule it promulgates to the House of Representatives and the Senate. Declares that such rule shall be considered only as a recommendation of the agency to Congress. Prohibits a major rule from taking effect unless a joint resolution approving the rule is enacted within 90 days. Prohibits a rule other than a major rule from taking effect if a joint resolution disapproving the rule is enacted within 90 days. Prohibits an agency from promulgating a new rule that is substantially the same as a major rule that was not approved or any other rule that was disapproved. Directs the Comptroller General, at the request of a committee of either House which has primary legislative jurisdiction over a rule or on his or her own initiative, to inform such committee as to whether the rule is consistent with the statutory authority under which it was promulgated. Exempts an emergency rule from such congressional review requirements if the agency submits to the appropriate congressional committees a written notice of: (1) its determination that the rule is an emergency rule; (2) the time period (limited to 210 days) during which the rule will be effective; and (3) its intention to issue a final rule, if necessary, when such emergency rule expires. Sets forth House and Senate procedure for the consideration of such resolutions of approval or disapproval. Declares that: (1) congressional inaction on or rejection of a resolution disapproving a rule shall not be deemed an expression of approval of that rule; and (2) enactment of a resolution approving a major rule shall not be construed to create any presumption of validity with respect to such rule and shall not affect the judicial review of such rule. Title III: Regulatory Oversight and Control Amendments to House Rules - Amends the rules of the House of Representatives to establish a Regulatory Review Calendar to which all resolutions for the approval or disapproval of agency rules shall be referred. Provides for the consideration of the resolutions on such Calendar on the first and third Monday and the second and fourth Tuesday of each month. Declares that it shall be in order during the reading of a general appropriation bill to consider any germane amendment proposing a limitation restricting the implementation of an agency rule, other than a major rule, for which a resolution of disapproval has not been considered by the House, or has been passed by the House but not enacted, within the time required under this Act. Requires each standing committee of the House to consider and adopt its oversight plans in a meeting which is open to the public by March 1 of the first session of a Congress. Directs each such committee to: (1) consult with other congressional committees with jurisdiction over the same areas to assure that such areas are reviewed in the same Congress and that there is maximum coordination and cooperation between such committees in conducting such review; (2) give priority to the review of programs under permanent budget or statutory authority; and (3) attempt to ensure that all laws, programs, activities, and agencies within its jurisdiction are reviewed at least once every ten years. Requires each committee to submit its final plans to the Committee on Government Operations which shall report all such plans to Congress with recommendations to assure the effective coordination of such plans. Authorizes the Speaker of the House, with the approval of the House, to appoint special ad hoc committees to review specific matter within the jurisdiction of two or more standing committees. Requires each committee to include in its biennial report to the House separate sections summarizing the legislative and oversight activities of that committee. Declares that it shall not be in order in the House to consider a primary expense resolution for any committee that has not submitted its oversight plans to the Committee on Government Operations.
United States · United States Congress · 20 September 1983
Single-Employer Pension Plan Amendments Act of 1983 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add the following new terms and definitions: (1) contributing sponsor; (2) control groups; (3) single-employer plan; (4) composite single-employer plan; (5) amount of unfunded guaranteed benefits; and (6) amount of unfunded nonforfeitable benefits. Increases from $2.60 to $6.00 the annual premium rate payable to the Pension Benefit Guaranty Corporation by single-employer plans for plan years beginning after December 31, 1982. Authorizes the Corporation to establish annual premiums in accordance with revised rate bases. Amends the Act to require congressional approval of revised premium schedules by a joint resolution (currently a concurrent resolution is required.) Directs the Congressional Research Service of the Library of Congress to study the premiums established under the single-employer pension plan termination insurance program set forth in Title IV of ERISA. Requires submission of a report and recommendations to the Congress within two years. Authorizes appropriations. Prescribes procedural guidelines for the termination of single-employer plans by plan administrators. Requires a plan administrator to warn plans maintained under collective bargaining agreements that a notice of intent to terminate within a specified time will be filed with the Corporation. Grants the employee organization representing plan participants the right to object to such termination. Prohibits the plan administrator from filing a notice of intent to terminate if such employee organization files a written objection to the proposed termination within a specified period. Voids any notice of intent to terminate which violates these prescriptions. Prescribes procedures under which single-employer plans may terminate under a standard termination. Imposes upon standard terminations the same prior notice requirement that is placed upon plans maintained under collective bargaining agreements. Requires the plan administrator to include with the notice-of-intent-to-terminate a statement of the current values of: (1) plan assets; (2) nonforfeitable benefits; (3) accrued benefits; and (4) the actuarial assumptions and techniques used in determining the values of such assets and benefits. Sets benefit accrual guidelines for services performed after the termination date. Requires contributing sponsors (or members of their controlled groups) to contribute additional amounts necessary to pay all the benefits due for the appropriate plan year if a plan has insufficient assets on the standard termination date to pay such benefits. Allows the closing out of a single-employer plan in a standard termination if the plan has enough assets to pay all the benefits to which participants would have been entitled had they separated from service on a certain distribution date. Requires the plan administrator to send notice of the final distribution date to the Corporation, each plan participant, and each employee organization representing plan participants. Requires such notification to include certification by an enrolled actuary of the plan asset amounts, and of the present value of nonforfeitable plan benefits. Requires the final distribution of plan assets to fully satisfy the payment of all outstanding benefits. Limits the cessation of benefit accruals to standard termination cases only. Considers failure to satisfy the requirements of the minimum funding standards to be a failure on the part of each contributing sponsor (and each member of such sponsor's controlled group) to meet an outstanding obligation. Prescribes procedures for the termination of single-employer plans under a "distress termination." Requires notification of the intent to terminate under distress. Conditions the validity of such termination upon: (1) an indication in the benefit plan that all contributing sponsors (and each member of such sponsors' controlled groups) have assumed termination trust obligations; and (2) receipt of notice by the plan administrator that the Corporation has made specified determinations. Requires all plans maintained by contributing sponsors or by substantial members of such sponsors' controlled groups to have been granted funding waivers by the Internal Revenue Service for three of the five plan years preceding the termination, including the most recently completed plan year. Requires the contributing sponsors and each substantial member of their controlled groups to have filed a liquidation petition (under either State or Federal law) which has not been dismissed or converted under the Federal bankruptcy code. Requires the contributing sponsor to present substantial evidence to the Corporation that unless a distress termination is granted, such sponsor and each substantial member of the sponsor's controlled groups will be unable to pay outstanding debts and continue in business. Requires the plans maintained by the contributing sponsor and each substantial member of the sponsor's controlled group to show that the ratios of required pension contributions to gross income and to total annualized wages have doubled within a certain period. Defines a "substantial member" of a controlled group as a person whose assets comprise five percent or more of such group's total assets. Subjects the effectiveness of distress terminations to the condition that the Corporation be satisfied it will receive from the appropriate liable employers the outstanding amounts in an acceptable form. Requires the Corporation to: (1) determine by a specified time whether the plan's assets are sufficient to discharge all basic benefit obligations when they fall due; and (2) to notify the plan administrator of its findings. Precludes any service performed after the distress termination date from being taken into account for any benefit plan purposes. Voids any distress termination based solely upon the filing of a liquidation petition if the case was either dismissed or converted to a case under the reorganization provisions of Federal bankruptcy law. Requires the Corporation to institute court proceedings to terminate a single-employer plan if it finds that the plan is either unable to pay benefits when due, or has been abandoned. Establishes a termination trust for single- employer plans terminated under a distress termination. Requires contributing sponsors of such plans (and members of their controlled group) to fund such trusts with annual contributions. Prescribes procedure for the payment from the trust to eligible benefit plan participants. Includes termination trusts within the ERISA definition of "employee welfare benefit plan." Authorizes a plan administrator to restore terminated single-employer plans to pretermination status, under procedures prescribed by the Corporation. Imposes primary liability upon persons who are contributing sponsors (or members of such sponsor's controlled group) upon the termination date of a plan terminated by either the plan administrator or by the Corporation. Imposes joint and several liability upon persons who were under common control upon such termination date. Establishes liability to the Corporation for the amount of: (1) unfunded guaranteed benefits under the plan as of the termination date; (2) total unpaid contributions due as of the termination date (including contributions for which waivers were granted); and (3) unpaid contributions which would have been due but for the filing of a bankruptcy petition under Federal or State bankruptcy laws. Sets formulae for the computation and payment of such liability. Makes contributing sponsors and members of their controlled group liable for annual contributions to a plan's termination trust. Imposes contingent liability upon a formerly obligated contributing sponsor (or controlled group member) if a single-employer plan to which obligations were transferred is itself terminated. Imposes joint and several liability upon formerly obligated persons for five years. Extends the period of contingent liability to ten years upon bankruptcy, liquidation, receivership, or an assignment for the benefit of creditors. Imposes contingent liability upon: (1) formerly obligated sponsors, if one single-employer plan is transferred to another; (2) each member of a formerly contributing sponsor's controlled group, if such sponsor has stopped contributing; (3) the departing member of a controlled group, if any other member in such controlled group is a contributing sponsor; and (4) each remaining controlled group member for the benefit obligations of a departing contributing sponsor. Specifies exemptions to contingent liability. Authorizes the Corporation to prescribe regulations imposing similar contingent liability on composite single-employer plans. Provides guidelines for the amount and payment of contingent liability. Authorizes the amortization of contingent liability payments for a maximum of fifteen years. States that persons who are secondarily liable are also liable for the annual termination trust contributions. Provides for recourse of contingently liable persons against other liable persons. Sets guidelines under which: (1) contingent liability may be reduced; and (2) exemptions from contingent liability may be granted. Exempts from contingent liability persons who remain primarily liable. Authorizes the Corporation to waive or grant variances for liability upon a determination that its interests are adequately protected. Directs the Corporation to consolidate all civil actions involving any one single-employer plan termination in a single Federal court. Creates a lien in favor of an affected single-employer plan if the Internal Revenue Service grants a waiver of the plan's minimum funding standards. Provides guidelines for the satisfaction of such lien. Authorizes the Corporation to bring a civil action to: (1) enjoin violations; (2) obtain equitable relief; or (3) enforce termination provisions. Authorizes specified interested parties who are adversely affected by a violation of the plan termination provisions to bring a civil action for: (1) enjoinment; (2) redress; (3) enforcement; or (4) other equitable relief. Makes a single-employer plan amenable to suit as an entity. Grants Federal district courts exclusive jurisdiction over such civil actions, without regard to the amount in controversy, or the citizenship of the parties. Authorizes the court to award attorney's fees to the prevailing party. Treats corporate reorganizations designed to evade or avoid pension plan liability as though the reorganized corporate entity were the same as the entity to which this Act originally applied. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to conform to title I of this Act. Allows a deduction from gross income for payments of contingent liabilities in connection with terminated plans. Makes termination trusts tax-exempt organizations.
United States · United States Congress · 13 September 1983
States that the United States: (1) condemns the Soviet destruction of Korean Air Lines flight 7; (2) calls for an explanation from the Soviets; (3) extends its sympathies to the families who lost loved ones and supports their rights to obtain reparations from the Soviets; (4) calls on the Soviets to assist in the recovery of the remains of the victims; (5) calls for an international investigation by the International Civil Aviation Organization; (6) declares its intention to demand that the Soviets modify their air defense procedures to assure the safety of commercial airliners; (7) finds that this incident will make it difficult for the U.S. and other nations to accept the Soviets as responsible members of the international community; and (8) urges our allies and other nations to cooperate with specified demands on the Soviets.
United States · United States Congress · 4 August 1983
Davis-Bacon Reform Act of 1983 - Amends the Davis-Bacon Act to increase from $2,000 to $1,000,000 the threshold dollar amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics. Amends the Copeland Anti-Kickback Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning and conclusion of the period covered by the contract, instead of every week as the wages are paid.
United States · United States Congress · 4 August 1983
States national policy that the Federal Government, recognizing the primary responsibility of State and local governments for education, provide leadership and appropriate support to States and local schools for the promotion of excellence in education.
United States · United States Congress · 3 August 1983
Limits the automatic increases in the cost-of-living adjustments for Federal benefit plans to the lesser of: (1) the increase in national wages (the index used in adjusting the maximum taxable wage under Social Security); or (2) the increase in the Consumer Price Index (or other automatic cost of living adjustment mechanism that may be applicable to a particular program). Applies this limitation to all pension, annuity, retirement, disability, or similar programs operated by the Federal government including the Civil Service Retirement System, the Uniformed Service Retirement System, the Railroad Retirement System and the Social Security System. Requires the President to submit budgets for FY 1985 and later which implement these limitations. Provides procedures for an expedited consideration of such measures by Congress.
United States · United States Congress · 3 August 1983
Cost-of-Living Increase Limitation Act of 1983 - Provides that in any case in which the total of a retired individual's Federal pension benefits (including benefits received under the old age, survivors and disability insurance program of title II of the Social Security Act and the Federal workers' compensation programs) exceeds $10,000 (to be increased annually according to the consumer price index), any cost-of-living adjustment increase in the individual's pension benefits (including OASDI and Federal workers' compensation) shall be reduced by 60 percent.
United States · United States Congress · 3 August 1983
Federal Annuity and Investment Reform Act of 1983 - Title I: Federal Thrift Plan - Permits a Government employee to elect to contribute in any year up to ten percent of his or her basic annual pay to a thrift retirement account. Requires the employing agency of an employee who is covered as of January 1, 1984, under the Old Age, Survivors and Disability Insurance program and who elects to make contributions to such an account to contribute to such employee's account. Specifies the amount of the employing agency's contribution. Restricts the employing agency's contributions to those years of service completed by such employee after such employee's first year of service beginning after December 31, 1983. Requires that a thrift retirement account or any account maintained for an employee under this Act be an account in a qualified investment program designated by the employee. Permits an employee to elect to change such designation at least once a year or to request the transfer of funds from an existing account to another one. Requires the transfer, at the direction of an employee or beneficiary under the Federal Thrift Plan, of such employee's or beneficiary's assets attributable to benefits accrued under another retirement plan to a thrift retirement account established under this title. Requires the Federal Thrift Plan Board, established under this Act, to make available to individuals eligible to participate in the Federal Thrift Plan information with respect to the qualified investment programs available under this Act. Provides that an investment program shall be considered a qualified investment program for purposes of the Federal Thrift Plan if: (1) such program is established and maintained by an investment or financial institution; (2) such program is operated exclusively to provide benefits to Government employees and their beneficiaries; (3) such program complies with Board regulations and the provisions of ERISA (the Employee Retirement Income Security Act of 1974); (4) information on the status of an employee's account is provided at least annually to the employee as well as a summary plan description; (5) amounts in a thrift retirement account are distributable, upon application, to an employee who is eligible for benefits under another Government pension plan or workers compensation plan, who has been separated from the service for at least 31 consecutive days, or who has reached age 59 and one half, or to surviving beneficiaries. Permits the making of loans under a qualified investment program. Authorizes the Board to exercise enforcement authority with respect to any investment program. Authorizes appropriations to Federal agencies to carry out this title. Title II: Federal Employee Retirement and Disability System - Part A: Coverage - Provides that a Government employee who is covered as of January 1, 1984, under the Old Age, Survivors and Disability Insurance program (under title II of the Social Security Act) shall not be considered "employees" for purposes of this Act. Provides that Postal Service employees who have been continuously employed by the Postal Service since December 31, 1983, shall be covered by Federal law relating to civil service retirement. Authorizes the Office of Personnel Management (OPM) to transfer, upon the Postal Service's request, accrued or future benefits under the Civil Service Retirement and Disability System of such employees to a pension plan established by the Postal Service pursuant to a collective-bargaining agreement. Terminates coverage of such employees under the civil service retirement system to the extent of the benefits so transferred. Excludes from the term "employee" for purposes of civil service retirement District of Columbia employees hired after January 1, 1984. Part B: Contributions to the Civil Service Retirement and Disability Fund and Maintenance of Financial Integrity of Such Fund - Specifies the amount which an employing agency may deduct and withhold for contributions to the Civil Service Retirement and Disability Fund from the basic pay of Government employees who are hired on or after January 1, 1984, and who are covered as of January 1, 1984, under the Old Age, Survivors and Disability Insurance program. Requires that contributions be made to the Fund for all employees from the appropriation or fund used to pay their salaries. Requires OPM to prescribe regulations which specify the amount of such contributions for employees employed before January 1, 1984, and for employees hired on or after January 1, 1984. Requires OPM to notify the Secretary of the Treasury each fiscal year in which such regulations are in effect of the amount of the installment for each such year needed to amortize both the unfunded liability of the Fund and the net increase in the unfunded liability of the Fund. Requires the Secretary to credit to the Fund as a Government contribution the amount necessary to carry out such amortization. Part C: Investment of Contributions and Deduction - Establishes a board of trustees to be known as the Fund Investment Board which shall determine the interest rate at which Fund investments are made. Specifies the minimum interest rate on obligations issued for purchase by the Fund. Establishes an Advisory Panel on Fund Investments which shall advise and assist the Fund Investment Board. Part D: Primary Program Benefits - Provides for an increase in the annuity of an individual separating from service after December 31, 1983, with rights to a deferred annuity and without transferring his or her lump-sum credit. Requires a reduction in so much of the annuity of an individual as is attributable to service on or after January 1, 1984, for each full month that the individual is under 65 years of age as of the date on which the annuity commences. Sets forth the formula for computing the annuity of an individual hired on or after January 1, 1984. Eliminates the minimum annuity amount for such individuals. Permits the transfer of the lump-sum credit of an individual to a thrift retirement account. Provides that interest shall be included in the lump-sum credit of individuals who, on or after January 1, 1984, separate or transfer to a position not covered under the civil service retirement provisions. Specifies the amount by which annuity rights of an individual who has five or more years of Government service and who elects to have his or her lump-sum credit transferred to a thrift retirement account will be reduced. Provides that the cost of living adjustments for annuities under the civil service retirement system shall be the same as the cost of living adjustments for benefits under title II of the Social Security Act. Gives Government employees hired on or after January 1, 1984, the option of making an election at the time of retirement such that the adjusted amount of the annuity payable to them before the age at which they are eligible for benefits under title II of the Social Security Act is equal to: (1) the estimated benefits they would receive once they become eligible for title II benefits; plus (2) an adjusted amount of annuity which is actuarially determined and payable on and after the age of such eligibility. Part E: Survivor Benefits - Permits an individual separating from Government service with rights to a deferred annuity to elect at the time of separation a reduced annuity and a survivor annuity for his or her spouse. Entitles the surviving spouse to an annuity, beginning at an age not less than 62, in an amount equal to 50 percent of the individual's reduced annuity. Requires that the annuity of a surviving spouse or of a surviving child of a Government employee hired on or after January 1, 1984, be reduced by the amount of any survivor benefit received under title II of the Social Security Act by such surviving spouse or child for the same period. Part F: Disability Annuities - Entitles Government employees hired on or after January 1, 1984, to disability retirement after five years of civilian service if they have become disabled. Requires that disabled employees be appointed to any Government positions, within a reasonable commuting distance for them, in which they are able to render useful service if there are no positions available for them at their present agencies and at their grade level which they can perform. Revises the method for computing disability annuities for Government employees hired before January 1, 1984. Sets forth the method for computing disability annuities for Government employees hired on or after January 1, 1984. Disallows claims for civil service disability benefits unless an applicant has applied also for disability benefits under title II of the Social Security Act or is exempt from such requirement. Provides that an individual's civil service disability annuity shall be reduced by the amount of any disability insurance benefit received under title II of the Social Security Act by such individual for the same period. Provides that an individual's civil service disability annuity shall be reduced to the extent that such annuity plus income earned by such individual for personal services performed during any period exceeds such individual's final pay at the time he or she sustained the disability for which the annuity is paid. Requires the Director of OPM to establish a pilot program to provide vocational rehabilitation and job placement services to Government employees who become disabled. Requires the Director to report to Congress on such program within five years after the enactment of this Act. Requires the Director to contract with insurance carriers under which any Government employee may purchase illness and accident insurance to provide long-term disability benefits in the event such employee cannot qualify for a civil service disability annuity. Title III: Amendments to FECA, ERISA, the Social Security Act, and the Internal Revenue Code of 1954 - Revises the time periods for cost of living adjustments with respect to disability and survivor benefits of Government employees so as to conform with cost of living adjustments under title II of the Social Security Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to provide that governmental plans excluded from coverage under ERISA shall not include a plan established by the U.S. Postal Service for employees excluded from coverage under the Civil Service Retirement and Disability System. Amends title II of the Social Security Act and the Internal Revenue Code to provide coverage under title II of Government employees who elect to be treated as if they were hired on or after January 1, 1984 (and are thus not covered under the Civil Service Retirement and Disability System). Provides that the title II benefits of an employee with at least ten years of Government service shall not be reduced. Title IV: Miscellaneous Provisions - Provides for a reduction in the cost of living adjustments to the retirement or disability benefits of a Government employee in any case where the projected total of all primary benefits payable to such individual during a calendar year exceeds a specified amount. Makes the Director of OPM responsible for administering the retirement programs applicable to: (1) the U.S. Secret Service Uniformed Division; (2) the U.S. Park Police; (3) the U.S. Secret Service; and (4) other uniformed police services of the Government.
United States · United States Congress · 2 August 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act." Adds new definitions for "handicap conciliation" and "conciliation agreement." Excludes from the meaning of "handicap" any impairment consisting of alcohol, drug abuse, or any other impairment which would be a direct threat to the property or safety of others. Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; or (2) discriminate against a handicapped person in the conditions of sale or rental or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons ready access to and use of premises. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development (HUD). Repeals the 30-day limitation imposed on the Secretary of HUD to respond to complaints. Requires the Secretary to give notice of his or her decision whether to resolve the complaint as promptly as possible. Provides that a conciliation agreement may provide for binding arbitration of the dispute. Permits the Secretary to join additional respondents as parties to a complaint. Grants authority to certified State or local agencies to investigate and conciliate complaints. Authorizes the Secretary to refer cases to the Attorney General while in the investigative stage for the purpose of seeking preliminary judicial relief pending the administrative disposition of the complaint. Allows the Secretary to refer other cases to the Attorney General in his or her sole discretion. Provides enforcement measures for conciliation agreements and civil penalties for noncompliance. Revises the enforcement procedure for private persons. Extends the statute of limitation for two years. Allows an aggrieved individual to enforce the terms of the conciliation agreement. Grants jurisdiction to the Attorney General to commence an action or intervene in a private civil action for violation of this Act.
United States · United States Congress · 28 July 1983
Amends the Freedom of Information Act to allow either House of Congress or any congressional committee to request certain information, to request the presence of an officer or employee from an executive agency or an independent regulatory agency, or to request the President of the United States to give testimony regarding certain matters. Requires compliance with such request as soon as practical or no later than 30 days after its receipt, unless the information is withheld by the President in a signed statement setting forth the grounds for such denial. Provides for the filing of a civil action where an agency head, the President, or a witness declines to furnish information or testimony. Grants the United States District Court for the District of Columbia exclusive jurisdiction in this matter. Establishes a procedure for the court to follow in resolving such a dispute. Allows for an appeal in the United States Court of Appeals for the District of Columbia.
United States · United States Congress · 27 July 1983
Amends the Fair Labor Standards Act of 1938 to permit the employment of youths under nineteen years of age at $2.85 per hour or 85 percent of the minimum wage. States that such youths may be employed: (1) in the absence of prior or special certification by the Secretary of Labor; (2) a maximum period of one hundred and eighty days; and (3) only in compliance with applicable child labor laws. Specifies conditions under which such youths may not be employed. States that the employment of full-time students must be on a part-time basis for a maximum of twenty hours per work week. Specifies exceptions. Specifies violations which will incur employer liability for unpaid wages and overtime compensation to such employed youths.
United States · United States Congress · 13 July 1983
States the intent of Congress that the Secretary of Labor shall not require as a condition for approval of State plans under the Occupational Safety and Health Act of 1970 that States maintain higher staffing levels to enforce such Act than the Federal Government maintains to enforce such Act.
United States · United States Congress · 30 June 1983
Patent Term Restoration Act of 1983 - Amends the patent laws to extend the terms of patents which encompass specified products or a method for using a product, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products).
United States · United States Congress · 21 June 1983
Federal Constitution Convention Amendment Act - Sets forth procedures for holding constitutional conventions for proposing amendments to the Constitution. Requires that both Houses of Congress agree to a concurrent resolution calling for a convention whenever it determines that at least two-thirds of the States have submitted valid applications for the calling of a constitutional convention upon the same subject. Entitles each State to the same number of delegates at such convention as it has Senators and Representatives in Congress, with one delegate elected from each congressional district and two at large. Authorizes the convention to propose constitutional amendments by a two-thirds vote of the total number of delegates. Provides that an amendment shall become valid when ratified by three-fourths of the States. Permits a State to rescind its ratification.
United States · United States Congress · 16 June 1983
Employee Benefit Administration Act of 1983 - Amends the Employment Retirement Income Security Act of 1974 to direct the President to establish the Employee Benefit Administration (EBA) as an independent agency which shall administer all Federal laws relating to employee benefit plans. Vests in the Board of Directors of the EBA all functions relating to the qualification and disqualification of such plans under the Internal Revenue Code. Requires the President to appoint special liaison officers of the Departments of Labor and of the Treasury to serve for terms on the EBA Board. Transfers to the Board various specified functions of such Departments, including the Joint Board for the Enrollment of Actuaries (renamed the Actuary Enrollment Board) from Treasury and the Pension Benefit Guaranty Corporation from Labor.
United States · United States Congress · 16 June 1983
Federal Mine Safety and Health Amendments of 1983 - Amends the Federal Mine Safety and Health Act of 1977 to exempt States and political subdivisions of States from coverage under the Act. Replaces the requirement that the Secretary of Labor make inspections of surface mines at least twice a year with the requirement that the Secretary establish criteria to determine the minimum number of inspections to be made at each surface mine. Directs the Secretary to issue a notice of violation to a mine if the Secretary believes that there is a violation of any mandatory health or safety standard (currently, a citation is issued in such a situation). Directs the Secretary to issue a citation if the Secretary finds a violation that is a significant health and safety hazard (meaning, a situation reasonably likely to result in a reasonably serious injury or illness). Prohibits a penalty from being assessed if the operator has been issued a notice of violation and the operator has corrected the violation within the period permitted for its correction. Revises requirements for mandatory health and safety training. Eliminates the present requirements for refresher training and provides instead that such refresher training shall be at such intervals as the Secretary determines is necessary. Authorizes the Secretary to provide consultation and assistance to any mine operator in order to assist the operator in meeting the requirements of the Act and in improving the health and safety conditions and practices in the mine. Prohibits: (1) such consultation and assistance from being considered an inspection or investigation; and (2) the issuance of any notice of violation, citation, or order as the result of such consultation and assistance.
![Official portrait of Rep. Erlenborn, John N. [R-IL-14]](https://www.congress.gov/img/member/e000204_200.jpg)