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.
United States · United States Congress · 16 June 1983
Repeals the Community Economic Development Act of 1981 and all provisions of the Community Services Block Grant Act except provisions that repealed parts of the Economic Opportunity Act of 1964. Transfers moneys in the Rural Development Loan Fund and the Community Development Loan Fund and moneys repaid on loans to community economic development programs to the general fund of the Treasury.
United States · United States Congress · 14 June 1983
Government Printing Office Pay Reform Act of 1983 - Requires the pay of Government Printing Office employees to be administered under the prevailing rate system and the General Schedule. Provides that employees who, upon enactment of this Act, hold positions for which the pay rates are determined by conference with the Public Printer or by appeal to the Joint Committee on Printing, shall, with specified exceptions, continue to receive basic pay at a rate not below the rate in effect immediately before enactment of this Act, plus any increase payable under the prevailing rate system or the General Schedule. Repeals the limitation on the number of apprentices that the Public Printer may employ at one time.
United States · United States Congress · 7 June 1983
National Summit Conference on Education Act of 1983 - Authorizes appropriations to the Department of Education for conducting a National Summit Conference on Education. Sets forth provisions for appointment of participants to the Conference. Directs the Conference to develop recommendations in response to the findings of the National Commission on Excellence in Education and relating to specified areas of educational policy. Directs the Conference to transmit its recommendations to the President, the Congress, and State Governors by January 15, 1984.
United States · United States Congress · 1 June 1983
Child Nutrition Amendments of 1983 - Amends the National School Lunch Act to base the amount of cash or commodity assistance given for meals on the actual number of meals served during the previous school year. Permits an adjustment of the amount of assistance if there is a substantial difference between the number of lunches served in the preceding school year and the number of lunches served in the second preceding school year. Delays the inflation adjustment for reimbursement rates and commodities from July 1, 1983, to January 1, 1984 and each January 1 thereafter. Bases the adjustment on the period between the preceding May and the second preceding May of each year. Requires school food authorities to submit reimbursement claims to the State within 60 days after the claiming month. Requires States to submit claims to the Secretary of Agriculture within 90 days after the month for which reimbursement is claimed. Eliminates the two special assistance certification alternatives which base assistance on prior year free or reduced price lunch eligibility. Establishes a special-assistance factor for free lunches at 104 cents. Creates a special-assistance factor for reduced price lunches of 64 cents. Provides for an annual adjustment of the factor for reduced price lunches based on the change in the Consumer Price Index for food away from home. Terminates the following programs: (1) Summer Food Service Program for Children; (2) Child Care Food Program; (3) School Breakfast Program; and (4) Nutrition Education and Training Program. Authorizes appropriations for FY 1984-1988 for General Nutrition Assistance Grants to States. Directs the Secretary to allot to a State an amount bearing the same ratio to the total appropriated funds as the State's allotment under the Summer Food Service Program, the Child Care Food Program, and the School Breakfast Program for FY 1982 bore to the total funds appropriated for those programs. Permits adjustment to the allotment level based on the funds transferred to the Head Start Program. Requires the allotment of funds among the remaining States where excess funds result from a State's failure to meet certain requirements. Declares that funds unobligated by the States at the end of the fiscal year shall remain available to a State for the next fiscal year for the same purposes as originally given. Limits the use of funds to the provision of nutrition assistance to children, planning, administration, education technical assistance, evaluation and other activities. Prohibits certain uses of such funds. Requires each State to submit an intended use report as a prerequisite to receipt of funds. Amends the Food Stamp Act of 1977 to provide for the verification by State food stamp agencies of information contained in applications for the National School Lunch Program. Eliminates the 20 percent refusal of commodities option available to schools participating in the food service programs. Requires States to offer alternative commodities to any school which does not accept the first commodities offered.
United States · United States Congress · 19 May 1983
ERISA Simplification Act of 1983 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Amendments to Definitions - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to authorize the Secretary of labor to exempt by regulation any severance pay or supplemental income arrangement from provisions applicable to welfare plans and to provide alternative methods of compliance with any such provision. Conforms the definitions of "party in interest" and "governmental plan" with the Internal Revenue Code. Revises the definitions of "normal retirement age" and "relative." Subtitle B: Amendments to Reporting and Disclosure Provisions - Eliminates requirements regarding the filing of a plan description with the Secretary of Labor. Requires qualified public accountants and actuaries to rely on the correctness of actuarial or accounting matters certified by an enrolled actuary or with respect to which a qualified public accountant has expressed an opinion for purposes of the preparation of annual reports. Eliminates certain automatic filing requirements. Revises requirements regarding simplified annual reports for pension plans with less than 100 active participants and not more than 200 participants. Exempts from reporting and disclosure requirements welfare plans providing exclusively apprenticeship and other training benefits. Eliminates the requirement of a summary annual report. Limits to $10 the fee for obtaining a plan's lastest annual report. Revises requirements regarding the disclosure to a participant or beneficiary of benefit rights and account information. Directs administrators to issue reports to certain plan participants who have separated from service stating the nature, amount, and form of the deferred vested benefit to which they are entitled. Requires employers to maintain records regarding each employee sufficient to determine the benefits due to the employee. Requires, rather than allows, the Secretary to prescribe an alternative method of compliance with reporting requirements under certain circumstances. Specifies circumstances in which the administrator of a multiemployer plan may use an alternative method of information distribution. Revises requirements of notice to interested parties before issuance of determination letters. Requires the Secretary, in consultation with the Secretary of the Treasury and the Pension Benefit Guaranty Corporation, to conduct a study of the means by which the reporting of information pursuant to ERISA may be approved. Specifies matters to be analyzed by such study. Subtitle C: Amendments to Participation and Vesting Provisions - Permits the determination of pension plan eligibility on a plan year basis. Specifies that the notification and election requirement triggered by a change in vesting schedules shall be applicable only to employees who would be adversely affected by the change. Makes 125 days of service in any maritime industry equivalent to 1,000 hours of service for purposes of satisfying benefit accrual requirements. Requires a plan offering an optional benefit form, in order not to be treated as having altered a participant's accrued benefit by reason of a change in actuarial assumptions, to set forth such assumptions in a separate document. Requires plans in which a majority of employees are seasonal employees to use 500 hours, rather than 1000 hours, for purposes of defining a year of service. Revises joint and survivor annuity requirements. Directs the Secretary of the Treasury to prescribe methods of measuring services based upon the elasped time of an employee's service. Subtitle D: Amendments for Funding Provisions - Makes certain revisions with respect to funding, including a requirement that changes in funding method or plan year need be approved only when made more than once in a three-year period, and a requirement that a funding method take into account future benefit changes. Subtitle E: Amendments to Fiduciary Responsibility Provisions - Permits the return to an employer of an overpayment of withdrawal liability: (1) in the case of a multiemployer plan; and (2) in the case of a multiemployer plan maintained pursuant to collective bargaining agreements where it is determined that a contribution was made by a mistake of fact or law. Requires the definition of "qualifying employer real property" for purposes of the limitation on the acquisition and holding of real property by a plan. Provides for allocation of prohibited transaction enforcement responsibilities. Conforms certain provisions regarding transactions by parties in interest with provisions of the Internal Revenue Code. Extends the prohibited transaction exemption procedure to owner-employees. Subtitle F: Amendments to Administration and Enforcement Provisions - Creates a civil cause of action for collection by a fiduciary of a multiemployer plan of delinquent employer contributions, subject to a six-year statute of limitations (three years after the date of actual knowledge of the cause of action). Makes available to the Department of Labor for purposes of administering ERISA any amounts which become available through the public request of information. Revises the composition of the Advisory Council on Employee Welfare and Pension Benefit Plans to require that one of the employer members be a representative of employers maintaining small plans. Directs the Secretary of Labor to publish at least annually reports showing the number of plans and participants; amounts of assets, income, and expenses; and certain other information categorized by plan size and type. Deems as preempted by ERISA certain provisions of State law: (1) regarding benefits provided by an insurance policy issued to an employee benefit plan; and (2) which treat a participant's interest in a plan as a security or similar right. Deems as not preempted by ERISA certain provisions of State law: (1) which require an insurance policy issued to a plan to permit a participant to convert or continue protection after the termination of the insurance coverage under the plan; and (2) which prohibit such an insurance policy from classifying health care services as ineligible for coverage solely because the provider is licensed as a provider of services other than those rendered by a medical doctor. Allows the assignment of pension plan benefits pursuant to a specific State or foreign decree of divorce, annulment, legal separation, or family support or a court order relating marital property rights. Prescribes notification and administrative requirements with respect to any such assignment. Subtitle G: Clarifying and Technical Amendments - Makes certain technical changes and corrections. Title II: Amendments to the Internal Revenue Code of 1954 - Subtitle A: Amendments Related to Title Amendments - Amends the Internal Revenue Code to make conforming changes in accordance with the provisions of title I of this Act.
United States · United States Congress · 12 May 1983
Education of the Handicapped Amendments of 1983 - Amends the Education of the Handicapped Act to authorize appropriations for FY 1984 through 1986 for: (1) centers and services to meet special needs of the handicapped; (2) training personnel for the education of the handicapped; and (3) research in the education of the handicapped.
United States · United States Congress · 9 May 1983
Vocational and Adult Education Consolidation Act of 1983 - Title I: General Provisions - Authorizes appropriations to carry out this Act for FY 1983 and such sums as necessary for FY 1984 through 1988. 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 title III 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 title II of this Act. Requires States to provide for financial and compliance audits of programs supported with title II funds. Directs the Secretary to submit an annual report to Congress on the status of vocational and adult education in the Nation. Establishes a National Advisory Council on Vocational and Adult 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. Title II: State Programs - Directs the Secretary to make grants to each State, in accordance with its allotment, to: (1) establish, expand, and improve vocational educational programs; and (2) support adult education programs. 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 Part A programs (Economic Development and Skilled Training); (2) 30 percent for Part B programs (Strengthening State and Local Systems of Vocational Education); and (3) 13 percent for Part C programs (Adult Basic Education). Authorizes a State to use up to 50 percent of such funds to pay an eligible recipient's administrative costs. 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 title II 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 title II programs. Part A: 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 part 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 use its best efforts to recruit for enrollment or participation in Part A programs persons whose jobs have been lost or jeopardized by technological or economic change. Part B: 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 can participate in programs designed to provide needed job skills and foster economic development. Part C: Adult Basic Education - Requires States to use the amount reserved for this part for specified authorized activities (relating to expansion of adult educational opportunities and encouragement of programs enabling adults to acquire basic skills). Requires States, in using funds reserved for this part, to: (1) give careful consideration to the needs of adult immigrants or adults with limited English proficiency; and (2) recruit such individuals for participation in the programs, projects, services, and activities supported with such funds. Title III: National Programs - Directs the Secretary to use funds reserved for this title to support one or more programs, projects, services, or activities authorized under specified provisions of this title. 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 and Adult Education to conduct one or more of such activities. 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 and adult education programs authorized under title II 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. Title IV: Miscellaneous Provisions - 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. Repeals the Vocational Education Act of 1963 and the Adult Education Act (other than provisions for grants for improvement of educational opportunities for adult Indians). Provides that funds appropriated for use during FY 1983 or FY 1984 under such Acts that are not obligated by July 1, 1984, by a State or other recipient shall remain available for obligation under this Act.
United States · United States Congress · 27 April 1983
Amends the Contract Work Hours and Safety Standards Act and the Walsh-Healey Act to require overtime compensation only for hours of employment in excess of 40 hours in a workweek for employees of Federal Government contractors or subcontractors.
United States · United States Congress · 26 April 1983
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works).
United States · United States Congress · 21 April 1983
Bilingual Education Improvements Act of 1983 - Amends the Bilingual Education Act to revise the statement of purpose and policy. Defines "bilingual education" as a program of instruction with specified characteristics including the acquisition of English language skills (but no longer including currently required study of the native language of children of limited English proficiency to the extent necessary to allow achievement of competence in English). Provides that nothing in such Act shall be construed to require a recipient of funds to use any particular method or approach for providing education to children of limited English proficiency. Revises provisions for grants for bilingual education programs to authorize the Secretary of Education to award such grants to local educational agencies that demonstrate a need to build their capacity for serving children of limited English proficiency. Revises application and other requirements for such bilingual education program grants. Revises personnel requirements for such programs to include only those teachers who are proficient: (1) in English; and (2) to the extent that a program includes the use of a language other than English as a medium of instruction, in such other language. Eliminates specified provisions for State coordination of technical assistance to bilingual education programs. Repeals the requirement that priority in distribution of bilingual education program funds be given to areas having the greatest need for such programs. Revises provisions relating to bilingual education programs in the Commonwealth of Puerto Rico to conform to the program capacity-building requirements for all such programs under this Act, but permits such programs in Puerto Rico to serve the needs of children of limited Spanish proficiency, as well as those with limited English proficiency, as provided under current law. Includes among criteria for determining the length of time for which a program grant application will be approved the progress the local educational agency has made toward building its capacity to carry out programs of bilingual education. Limits, beginning FY 1984 such financial assistance for bilingual education programs to any one local educational agency to five years. Provides that financial assistance to continue grants to local educational agencies awarded on or before the end of FY 1983 shall not be counted in applying this five-year limitation. Permits a local educational agency to receive more than one bilingual education grant, subject to such five-year limitation, after FY 1983 only if specified requirements are met. Revises provisions for grants and contracts for training of bilingual education personnel to direct the Secretary of Education to give priority to applications that propose to carry out training activities in areas with the greatest need for such activities. (Current law requires that priority be given to applicants with demonstrated competence and experience in the bilingual education field.) Eliminates a limitation on the portion of such training funds which may be provided for training activities involving State educational agencies. Authorizes the Secretary to award grants to, or enter into contracts or cooperative agreements with, eligible applicants for bilingual education demonstration projects. Limits any such award of a grant, contract, or agreement, to a maximum of three years. Authorizes the Secretary to enter into agreements with State educational agencies to carryout: (1) review and evaluation of bilingual education programs assisted under such Act in such State; and (2) other activities designed to support the purposes of such Act. Sets maximum and minimum limits on the amount of such supplementary assistance to State programs. Includes among the areas for which such financial assistance may be used the provision, coordination, or supervision of technical and other forms of nonfinancial assistance to local educational agencies and private elementary and secondary schools that have bilingual education programs that are not funded under such Act, and the review and evaluation of such programs. Authorizes the Secretary to award grants to, and enter into contracts with, eligible applicants to provide for the establishment, operation, or improvement of vocational programs that use bilingual education methods or approaches and are designed to: (1) enable out-of-school youths and adults of limited English proficiency to participate in job training programs for acquisition of work- related skills; (2) train instructors and counselors for such programs; or (3) develop and disseminate instructional materials and methods that meet the job training needs of such persons. Directs the Secretary to give priority to applicants for such grants or contracts that propose to carry out training activities in areas with the greatest need of such activities. Includes among research activities authorized to be assisted under such Act studies to determine alternative methods or approaches of providing educational services to children of limited English proficiency. Extends through FY 1985 the authorization of appropriations for bilingual education research and development. Extends through FY 1985 the authorization of appropriations for carrying out such Act. (Authorizes appropriations for FY 1984 in an amount which is lower than that currently authorized for FY 1983. Authorizes appropriations for FY 1985 for such sums as may be necessary.) Directs the Secretary to reserve up to one percent of such appropriations for the National Advisory Council on Bilingual Education. Makes technical and conforming amendments, some of which reflect prior transfers of functions under such Act.
United States · United States Congress · 20 April 1983
Labor Management Racketeering Act of 1983 - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 fines and/or five years' imprisonment. Adds intent to benefit a person not permitted to receive payments, loans, or delivery of money or other thing of value to a labor organization in payment of membership dues, to a joint labor-management trust fund, or to a plant, area, or industry- wide labor-management committee as an element of violations involving those transactions. Grants civil jurisdiction to U.S. district courts over suits brought by: (1) the United States alleging a violation involving those transactions; or (2) any person directly affected by violations of restrictions on financial transactions under such Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise provisions which prohibit persons guilty of criminal offenses from holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual from such a position upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases from five years to ten years the time during which a convicted individual is prohibited from holding such offices or positions, but permits a lesser period to be set by the sentencing court under specified circumstances. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Raises from one year to five years the maximum time of imprisonment for violations of such prohibitions. Provides that any salary payable but for such prohibitions shall be placed in escrow pending final disposition of any appeal. Makes any conviction entered prior to the enactment of this Act effective on the date of such conviction if a right of appeal from such conviction is pending on the date of enactment of this Act (i.e., makes retroactive the provisions of the Act which bar convicted union officials from office immediately upon conviction).
United States · United States Congress · 20 April 1983
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 19 April 1983
Rehabilitation Amendments of 1983 - Amends the Rehabilitation Act of 1973 ("the Act") to revise and add specified definitions. Revises audit provisions to require that States obtain financial and compliance audits of funds received under the Act. Repeals specified provisions relating to advance funding, joint funding, consolidated rehabilitation plans, application of other laws, administration, reports to the President and Congress, program and project evaluation, and use of funds. Revises a nonduplication prohibition to delete a provision for disregarding specified amounts in determining the amount of any State's Federal share of expenditures for planning, administration, and services incurred by it under an approved State plan. Revises information clearinghouse provisions to delete provisions for: (1) the Office of Information and Resources for the Handicapped; and (2) an authorization of appropriations for an information and resources clearinghouse for the handicapped. Amends title I (Vocational Rehabilitation Services) of the Act to authorize appropriations for FY 1984 through 1988 to carry out such title. Revises provisions for State plans relating to joint programs and to waivers of political subdivision participation requirements. Deletes requirements that the State plan: (1) contain plans, policies, and methods for execution, administration, and supervision (including descriptions of methods to expand and improve services to individuals with the most severe handicaps and to utilize existing rehabilitation facilities to the maximum extent feasible); (2) be consistent with specified priorities for order of selection; (3) contain outcome and service goals for serving handicapped individuals, as established in specified regulations; and (4) provide satisfactory assurances that the State has studied and considered a broad variety of means for providing services to individuals with the most severe handicaps. Deletes requirements that State plans contain provisions relating to establishment and maintenance of: (1) personnel standards consistent with State licensure laws and regulations: and (2) minimum standards governing facilities and personnel used in providing vocational rehabilitation services. Revises requirements for consideration of eligibility for similar benefits under any other program. Revises State plan requirements relating to utilization of resources. Deletes provisions relating to: (1) agreements for services provided by rehabilitation facilities; (2) Federal share of construction costs; and (3) nonreduction of other rehabilitation services. Revises provisions relating to: (1) policy planning and trainee participation; and (2) services to handicapped American Indians. Repeals requirements for State plans relating to: (1) State rehabilitation bureaus; (2) State financial participation; (3) political subdivision participation; (4) intergovernmental cooperation; (5) disabled Federal employees and disabled public safety officers; (6) continuing studies and annual evaluation; (7) contracts with profitmaking organizations for on-the-job training; and (8) information and referral programs. Requires that each State plan provide assurances that the State agency will: (1) safeguard the confidentiality of all personal information; and (2) provide specified client assistance services. Requires State plan provision for review, at least every other year, of all programs and activities supported with Federal funds under title I of the Act. Revises provisions relating to: (1) withholding or reduction of funds in cases of State noncompliance; and (2) review of such withholding or reduction of funds. Makes the State agency responsible for insuring that specified conditions are met with regard to individualized written rehabilitation programs and determinations of ineligibility. Revises provisions relating to the scope of vocational rehabilitation services under title I of the Act. Revises provisions for State allotments and payments to States. Repeals provisions relating to: (1) non-Federal share for construction; (2) client assistance; and (3) evaluation of vocational rehabilitation services for Indians. Repeals provisions for the innovation and expansion grants program under title I of the Act. Amends title II (Research and Training) of the Act to authorize appropriations for FY 1984 through 1988 to carry out such title. Provides that the Director of the National Institute of Handicapped Research shall be appointed by the Secretary of Education (rather than by the President, by and with the advice and consent of the Senate). Provides that the Director shall serve as Executive Vice-Chairman of the Interagency Committee on Handicapped Research. Permits specified Federal grants and contracts to pay all of the cost of certain research projects and related activities under title II of the Act. Amends title III of the Act to repeal specified provisions for construction and training programs and for pecial projects and supplementary services, including provisions for: (1) grants for construction of rehabilitation facilities, staffing, and planning assistance; (2) vocational training services for handicapped individuals; (3) loan guarantees for rehabilitation facilities; (4) specified requirements relating to personnel training grants and contracts, including balanced program, evaluation, and long-term planning requirements; (5) grants for training interpreters for deaf individuals; (6) comprehensive rehabilitation centers; (7) specified grant and contract requirements; (8) interpreter services for deaf persons; and (9) reader services for blind persons. Renames such title "Supplementary Services and Resources." Authorizes appropriations for FY 1984 through 1988 to carry out such title. Authorizes the Secretary to evaluate any of the programs and activities carried out under titles I through IV of the Act. Authorizes specified forms of technical assistance under the Act. Revises provisions for Federal grants and contracts for personnel projects relating to training, traineeships, and related activities. Permits private, for-profit agencies or organizations to receive such grants or contracts. Redesignates title I provisions for American Indian vocational rehabilitation services under title III of the Act. Revises such provisions to provide that Federal grants may cover part or all of the costs of such services. Deletes provisions requiring: (1) States to provide services under State plans for American Indians included by such States in their populations for State allotment purposes; and (2) subtraction from the State population for such allotment purposes of the number of American Indians residing on a reservation to be served by such grants. Requires that applications for assistance under such title for projects involving construction contain an assurance that such construction will comply with the Architectural Barriers Act of 1968. Redesignates title VI provisions for projects with industry under title III of the Act. Revises such provisions to permit Federal payment of all of the costs of such projects. Redesignates title VII provisions for centers for independent living under title III of the Act. Revises such provisions to permit independent living center grants to State agencies or to public or private agencies and organizations. Permits private, for-profit agencies and organizations to receive grants for special projects and demonstrations. Revises provisions for grants to State or local agencies for projects for handicapped individuals among migrant or seasonal agricultural workers and their families to: (1) permit such grants to cover part or all of the costs of such projects; and (2) include specified private, for-profit entities among those entities with which appropriate cooperation is required as a condition for such grants. Revises provisions for the Helen Keller National Center for Deaf-Blind Youths and Adults to: (1) permit agreements for Federal payments to private, for-profit entities for all or part of the costs of establishing or operating such Center; (2) delete expired provisions for a special authorization of appropriations for the center; and (3) provide that information to be contained in proposals for such agreements be determined (rather than prescribed in regulations) by the Secretary. Revises provisions for recreational programs for the handicapped to: (1) make Federal grants for such programs discretionary rather than mandatory; and (2) permit private, for-profit entities to receive such grants. Repeals provisions for: (1) an expired authorization of appropriations for special projects and supplementary services under part B of title III of the Act; (2) reader services for blind persons; and (3) interpreter services for deaf persons. Amends title IV (National Council on the Handicapped) to revise the duties of the National Council on the Handicapped. Directs the Council to advise the Director of the National Institute of Handicapped Research with respect to the policies and conduct of the Institute. (Current law directs the Council to establish general policies for, and review of the operation of, the Institute). Replaces the review of the activities of the Institute and other entities, which is currently required to be included in the Council's report, with a summary of the Council's own activities. Authorizes appropriations for FY 1984 through 1988 for Council activities. Amends title V (Miscellaneous Provisions) of the Act to include the Director of the Office of Personnel Management on the Interagency Committee on Handicapped Employees. Authorizes appropriations for FY 1984 through 1988 for the Architectural and Transportation Barriers Compliance Board. Repeals provisions for technical and financial assistance in removing architectural, transportation, or communication barriers. Repeals title VI (Employment Opportunities for Handicapped Individuals) of the Act (except for provisions for projects with industry redesignated under title III), thus deleting provisions for: (1) the community service employment pilot program for handicapped individuals; and (2) the program of business opportunities for handicapped individuals. Repeals title VII (Comprehensive Services for Independent Living) of the Act (except provisions for centers of independent living redesignated under title III), thus deleting provisions for: (1) payments to States for comprehensive services; (2) independent living services for older blind individuals; and (3) grants to States for protection and advocacy of the rights of severely handicapped individuals. Makes technical and conforming amendments to the Act.
United States · United States Congress · 19 April 1983
Dedicates the Golden Gate National Recreation Area in California to Phillip Burton. Directs the Secretary of the Interior to inform the public of the contributions of Phillip Burton through the use of signs, maps, and interpretive programs and to establish an appropriate memorial to him within the recreation area. Authorizes appropriations.
United States · United States Congress · 14 April 1983
Natural Gas Consumer Access Amendments of 1983 - Amends provisions of the Natural Gas Policy Act of 1978 relating to the transportation of natural gas by pipeline. Requires a pipeline, without discrimination, to transport natural gas on a reasonable request if: (1) the owner of the gas submits to the pipeline a formal application for transportation which shall include documentation for the sale of a minimum of a total of 250 Mcf per day of natural gas for a period of at least six months; (2) the owner agrees to compensate the pipeline in accordance with the tariff rates established by the Federal Energy Regulatory Commission (FERC); and (3) the pipeline has sufficient available throughput capacity. Directs FERC to establish just and reasonable maximum rates and charges for such transportation. Requires FERC's responsibilities over any intrastate pipeline to be delegated to the appropriate State commission. Directs FERC to prescribe regulations governing contractual relationships and obligations relating to transportation under this Act. Authorizes FERC to require the interconnection of two or more pipelines or the extension of a pipeline for purposes of increasing available throughput capacity. Defines "available throughput capacity" to mean that portion of pipeline capacity which during the term of the transport contract would otherwise be unused except during periods of peak usage. Defines the term "free access gas" to mean natural gas produced from any well in the United States: (1) the dirlling of which began on or after May 1, 1983; (2) which is not subject to a sales contract as of a certain time; (3) which is released by the purchaser or otherwise made available by the exercise of a market-out clause, or other similar contract provision; (4) which is subjected to a material unilateral modification of the sales contract by the purchaser; (5) which is subjected to any material breach of the sales contract by the purchaser in either the price paid or the amount of gas required to be taken; or (6) which is subjected to any termination of contractual obligations. Authorizes free access gas to be sold to any purchaser capable of taking delivery and the seller shall be considered released from all duties and obligations with respect to who may purchase free access natural gas. Provides that in the case of any existing contract provision enforceable before January 1, 1985, if a pipeline or local distribution company which is a party to such contract transmits to the other parties a written notice requesting that such contract be voided, such contract shall be unenforceable with respect to any natural gas sale, transportation, or storage required under such contract after the expiration of the later of: (1) the 60 day period beginning or the date notice is received; or (2) the date specified in the notice for contract termination. Provides that in the case of any existing contract enforceable after January 1, 1985, if a producer, pipeline, or local distribution company which is a party to such contract transmits to the other parties a written notice requesting that it be marketed out, such contract shall be unenforceable with respect to any natural gas sale, transportation, or storage required under such contract after the expiration of the later of: (1) the 60 day period beginning on the date notice is received; or (2) the date specified in the notice for contract termination. Directs FERC and the Department of Justice to undertake a cooperative study of and to report to Congress on the competitive effects of vertical integration in the production, purchase, transport, storage, and sale of natural gas, and the effects of vertical integration on the price, availability, and deliverability of natural gas to local distribution companies and ultimate consumers.
United States · United States Congress · 13 April 1983
Federal Employees' Reemployment and Compensation Amendments of 1983 - Amends the Federal Employees' Compensation Act to change the benefit formula for total disability from 66 2/3 percent of monthly pay to 80 percent of spendable income. Changes the benefit formula for partial disability from 66 2/3 percent of the difference between monthly pay and monthly wage earning capacity to 80 percent of the difference in spendable income computed on that basis. Defines "spendable income" as monthly pay less amounts normally withheld. Increases from $500 to $850 per month the amount of additional compensation for services of a full-time health attendant. Increases from $200 to $350 per month the amount of additional compensation for vocational rehabilitation. Eliminates the 45 day continuation of pay period. Establishes a waiting period of 7 workdays from the onset of disability, with 5 days compensation repaid if the disability lasts beyond 14 days. Allows an employing agency to advance compensation beginning on the third day of disability if the employee is expected to be disabled at least 28 days due to a work related traumatic injury and if the agency does not contest any essential element of the claim. Allows an employee to use annual or sick leave prior to the commencement of such compensation. Allows the Secretary of Labor to begin payment of interim compensation on the 21st day following receipt of all information necessary to adjudicate the claim, unless the Secretary has: (1) reached a determination against payment; (2) notified the claimant of insufficient claim documentation; or (3) received notice that the agency controverts any particular of the claim. Revises the computation of death benefits to a surviving spouse and children. Reduces such death benefits by any amounts received by such survivors as widow's or widower's or surviving child's benefits pursuant to the Social Security Act. Increases the funeral expenses payment from $800 to $1100. Revises the compensation schedule for injury which results in the permanent loss, or permanent loss of use, of a member or function of the body, or which involves disfigurement. Provides for reduction of compensation for subsequent injury to the same member or function of the body. Authorizes the Secretary to cease payments to any individual who without good cause fails to apply for or undergo vocational rehabilitation when so directed. Provides that compensation payable on account of disability or death which occurred more than one year before January 1 of each year shall be increased on that date at the average rate of increase in General Schedule pay rates on that date. Modifies the procedure for the hearing and determination of claims. Grants jurisdiction to the Employees' Compensation Appeals Board to hear and issue final decisions on appeals taken from the Secretary's determination. Makes the decision of the Board conclusive and binding upon the Secretary in the absence of new evidence of probative force and value. Authorizes the Secretary to modify an award for or against the payment of compensation at any time on the Secretary's own motion or upon application by a claimant. Provides that such a modification is final and not subject to review by another official or by any court. Provides that the eligibility of any employee for disability compensation shall cease in the case of any such employee who is eligible to receive a retirement annuity under a program of retirement based upon Federal employment. Continues compensation benefits, in the case of an employee not eligible because of inadequate service credit, for such time as is necessary to accumulate adequate service credits for a minimum retirement annuity. Sets forth the requirements for the calculation of creditable service for retirement and retirement contribution deductions for individuals receiving disability benefits. Prohibits reimbursement of medical providers if found by the Secretary that such a provider: (1) has knowingly or willfully made any false statement in an application for reimbursement; (2) submitted bills for reimbursement which are substantially in excess of such provider's customary charges; or (3) has furnished services or supplies that are substantially in excess of the need of the recipient. Prohibits the Secretary from reimbursing any medical provider who: (1) has been indicted or convicted for fraudulent activities; or (2) has been excluded from participation in any other program. Allows any provider to whom reimbursement is denied to request a hearing. Requires the Secretary to make a final decision based on the evidence adduced at such hearing. Provides for judicial review of such decision. Requires the Secretary to develop and adopt a schedule of reasonable amounts that will be paid for particular medical services and supplies in specific geographic areas. Requires the Secretary to revise such schedule at appropriate intervals thereafter.
United States · United States Congress · 7 April 1983
Nonimmigrant Worker Amendments of 1983 - Amends the Immigration and Nationality Act to separate temporary agricultural labor from other temporary labor for purposes of nonimmigrant worker (H-2 visa) provisions. Prohibits the employment of such agricultural workers for more than nine months in a calendar year. Permits the Secretary of Labor to extend such period for pre-existing occupations or extenuating circumstances. Prohibits entry to workers who have violated entry conditions within the past five years. Requires an employer H-2 visa petition to certify that: (1) there are not enough local U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Permits the Secretary to charge application fees. Prohibits the Secretary from approving such petition if: (1) the job is open because of a strike or lock-out; or (2) the employer violated temporary worker admissions terms within the past two years or failed to pay a civil penalty for such violation. Provides that an employer may not be denied a certification for more than three years for any such admission violation. Provides with regard to agricultural workers that: (1) the employer need not submit a labor certification (petition) more than 65 days in advance of need; (2) the Secretary shall require a 45-day domestic worker recruitment period; (3) producer associations may file such petitions; and (4) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings. Requires the Secretary to: (1) report annually to Congress regarding such nonimmigrant worker provisions and their domestic effects; and (2) establish employment standards which are at least comparable to those under existing regulations. Authorizes appropriations beginning with FY 1984 to recruit domestic workers and monitor the nonimmigrant worker program. Requires a program improvement report within 18 months. Expresses the sense of Congress that the President should establish an advisory commission to consult with Mexico and advise the Attorney General regarding such temporary worker program.
United States · United States Congress · 5 April 1983
Equal Educational Opportunity Act of 1983 - Amends the Education Consolidation and Improvement Act of 1981 (ECIA) to permit payments to local educational agencies (LEA) under Chapter 1 (Federal Assistance to Meet Special Educational Needs of Disadvantaged Children) of such Act to be used for educational voucher programs. Permits parents of educationally deprived children to use such vouchers to pay for: (1) full-time enrollment at private schools or at public schools outside their school district; or (2) compensatory services provided by the LEA to meet their special educational needs at public schools of their school district. Authorizes State educational agencies (SEAs) to require LEAs to use Chapter 1 funds to implement voucher programs. Requires that such State requirement be for all LEAs. Gives each LEA discretion to: (1) use such funds to implement a voucher program (if the SEA does not so require); and (2) distribute vouchers to some or all eligible parents. Sets forth requirements for: (1) authorized educational voucher programs; (2) other LEA special educational needs programs and projects under Chapter 1; and (3) LEA applications to SEAs for voucher programs. Declares that educational voucher program payments made by an LEA to a private school or to another LEA under this Act shall not constitute Federal financial assistance to the LEA or private school receiving such payments. Declares that use of Chapter 1 funds received in exchange for a voucher by a private school or a public school outside the eligible child's school district shall not constitute a program or activity receiving Federal financial assistance. Makes specified Chapter 1 provisions inapplicable to educational voucher programs. Sets forth requirements for nondiscrimination by private schools in the voucher program. Prohibits racially discriminatory policies at such schools. Amends the Internal Revenue Code to direct the Secretary of the Treasury to disclose to appropriate Department of Justice offices or employees any tax return or tax return information relevant to investigations by the Attorney General or proceedings brought under this Act to determine whether a school is following a racially discriminatory policy. Makes conforming amendments to specified provisions of Federal law relating to the creation of the declaratory judgment remedy, to include references to provisions of this Act which authorize declaratory judgments by appropriate U.S. district courts as to whether a private elementary or secondary school follows a racially discriminatory policy.
United States · United States Congress · 23 March 1983
Education Consolidation and Improvement Amendments of 1983 - Amends the Elementary and Secondary Education Act of 1965 to revise provisions for determining the allotment of basic grants to States for programs operated by local educational agencies. Provides that the criteria for poverty used by the Bureau of the Census in compiling the most recent available decennial census be used in making specified determinations for purposes of such basic grant allotments to States. Shortens to two years the period of continuation of migrant status and program eligibility for a migratory child of a migratory agricultural worker or migratory fisherman residing in the area served by an agency carrying out a program or project for migratory children. Eliminates the specified minimum amount of program funds which must be reserved for coordination of migrant education activities. Amends the Educational Consolidation and Improvement Act of 1981 to make a technical amendment to local educational agency grant application requirements which specifies that the low-income children to be provided significant help are educationally deprived. Makes additional technical amendments to the Elementary and Secondary Education Act of 1965, the Omnibus Education Reconciliation Act of 1981, and the Education Consolidation and Improvement Act of 1981.
United States · United States Congress · 22 March 1983
Student Assistance Improvement Amendments of 1983 - Title I: Pell Grant Improvements - Amends part A (Grants to Students in Attendance at Institutions of Higher Education) of title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to redesignate "basic educational opportunity grants" as "Self-Help Grants." Provides that such grants shall be known as "Pell Self-Help Grants." Provides that a student may receive only one Self-Help Grant for any academic year during an award grant year as defined by the Secretary of Education. Sets the maximum Self-Help Grant for academic year 1984-1985 at $3,000. Directs the Secretary to establish the maximum amount for succeeding academic years. Sets forth formulas for determining individual grant amounts based on cost of attendance and expected family contribution. Sets the minimum grant award at $100. Revises eligibility period provisions. Sets forth provisions relating to expected family contributions and cost of attendance. Makes conforming amendments to HEA provisions relating to need analysis. Repeals specified provisions of the Student Financial Assistance Technical Amendments Act of 1982. Repeals subpart 3 (Grants to States for State Student Incentives) of title IV of HEA. Title II: Guaranteed Student Loan Program - Amends student loan provisions of HEA to revise eligibility requirements for subsidized loans (Federal interest subsidy payments). Requires the statement to the lender to include: (1) the amount of the student's expected family contribution; and (2) a determination of need for a loan and the amount of such need, even if the student's family adjusted gross income is $30,000 or less. Doubles (from five percent to ten percent of the principal of the loan) the amount of the origination fee which may be charged to graduate or professional students. Revises provisions for repayment of advances for reserve funds of State and nonprofit private insurance programs. Requires that advances be repaid within such period as the Secretary deems appropriate in the light of the maturity and solvency of the reserve fund for which the advance was made. Requires that repayments of advances be deposited in the student loan insurance fund. Revises provisions relating to Federal student loan insurance liability limitations. Revises provisions relating to Federal guaranty and supplementary guaranty of student loans insured under non-Federal programs. Sets the amount to be paid by the Secretary of Education to a State or nonprofit private institution as reimbursement at 100 percent of the amount expended by it in discharge of its insurance obligation (resulting from the default of the student borrower) incurred under its loan insurance program. Provides that such guaranty agreements shall not require the maintenance of a reserve, with respect to so much of any loan insured under the loan insurance program as may be guaranteed by the Secretary. Provides that no provision of any State law which requires maintenance of a reserve shall apply to a State's student loan insurance program covered by such a guaranty agreement. Revises standards for student loan insurance programs. Provides that such programs authorize insurance for loans to students who carry at least one-half of the normal full-time academic workload. Removes the $1,000 minimum requirement for loans insured under such programs. Requires that such programs insure 100 percent of the unpaid principal of loans insured, whether or not such loans are eligible for Federal interest subsidy payments. Requires that such programs, with respect to lenders which are eligible institutions, insure loans by only such lenders as are located within the geographic area served by such State or nonprofit private institution or organization. Prohibits program restrictions on insurance to otherwise eligible students: (1) accepted for enrollment in or attending an eligible institution within the State; or (2) if such student is a legal resident of the State, accepted for enrollment in or attending an eligible institution outside that State. Prohibits program restrictions with respect to eligible residential institutions which are more onerous than eligibility requirements for institutions under the Federal student loan insurance program, except under specified conditions. Requires programs to provide: (1) for the eligibility of eligible institutions as lenders under reasonable criteria, except under specified conditions; and (2) assurances that the State or nonprofit private institution or organization will report to the Secretary annually concerning such criteria, including specified items. Repeals provisions for loan insurance supplemental guaranty agreements. Title III: Other Education Programs - Revises provisions for the National Direct Student Loan Program to raise the interest rate on national direct student loans to nine percent per year in the case of any loan made on or after July 1, 1983 (or to eight percent under specified conditions). Directs the Secretary to pay each institution for each fiscal year an amount equal to ten percent of the aggregate of the amounts of loans from its student loan fund which are cancelled pursuant to provisions for cancellation of loans for certain types of public service. Allows each institution to determine the appropriate use for such payments. Revises provisions for Work-Study Programs to raise the amount of the appropriations authorized for FY 1984 and 1985. Provides that no institution shall be required to contribute more funds for FY 1984 or 1985 to pay its share of the compensation of students employed in the work-study program than it expended for FY 1983. Revises provisions for equitable distribution of work-study program assistance to provide for reallocation of funds by the Secretary to each institution in a State, under specified circumstances. Amends the Omnibus Education Reconciliation Act of 1981 to raise the limitation on the authorization of appropriations for work-study programs for FY 1984. Revises provisions (of HEA) for the Supplemental Educational Opportunity Grant Program to provide for reallocation by the Secretary of funds for such program to each institution in a State, under specified circumstances. Revises provisions for the Fund for the Improvement of Postsecondary Education to authorize the Secretary to require that an educational institution or agency receiving a grant or entering into a contract under provisions for the Fund pay a portion of the costs of carrying out the authorized activities under the program or project approved by the Secretary. Title IV: Effective Dates - Sets forth the effective dates of specified amendments made by this Act.
United States · United States Congress · 22 March 1983
Amends the Internal Revenue Code to provide that accruals of benefits or forfeitures in a tax-qualified deferred compensation plan, which would otherwise be deemed discriminatory against certain classes of employees, will not be considered to have taken place if: (1) the total present values of such nonforfeitable benefits attributable to employee-officers or shareholders is less than the total present values of nonforfeitable benefits of all other employees; (2) employee-officers or shareholders having nonforfeitable benefits constitute a classification set up by the employer and found by the Secretary of the Treasury to be non-discriminatory; or (3) the deferred compensation plan provides that an employee who has completed at least four years of service has a nonforfeitable right to a specified percentage of the accrued benefit derived from employer contributions.
United States · United States Congress · 11 March 1983
Domestic Volunteer Service Act Amendments of 1983 - Amends the Domestic Volunteer Service Act of 1973 to repeal provisions authorizing the Volunteers in Service to America program and the University Year for ACTION Program. Eliminates provisions that authorize the Director of ACTION to provide allowances, services, and support to operate special volunteer programs. Excludes stipends received by participants in the National Older Americans Volunteer Programs as income or compensation for purposes of workers' compensation laws. Grants the Director subpoena authority in conducting audits of the records of Federal grant, loan, or contract recipients under the Domestic Volunteer Service Act of 1973. Authorizes appropriations for FY 1984 and 1985 for: (1) service learning programs and special volunteer programs; (2) the Retired Senior Volunteer Program; (3) the Foster Grandparent Program and Older American Community Services Programs; and (4) administration of such Act.
United States · United States Congress · 11 March 1983
Federal Lending Oversight and Control Act - Title I: Reports Regarding Federal Credit Activity - Requires the Council of Economic Advisers, in its annual report to the Congress as required by the Employment Act of 1946, to examine the relationship between Federal credit activity during the previous year and: (1) the condition of the economy; (2) the availability and cost of credit in the private sector; and (3) the exercise of monetary and fiscal policy by the Government. Amends the Federal Reserve Act to direct the Board of Governors of the Federal Reserve System, in their biannual reports to Congress concerning recent developments affecting economic trends in the Nation, to examine the effects of Federal credit activity on the availability and cost of credit in the private sector and on the exercise of monetary policy by the Board and the Federal Open Market Committee. Amends the Budget and Accounting Act of 1921 to require the President, in his annual budget statement to the Congress, to include all essential facts regarding direct lending by the Government and guarantees by the Government of the repayment of indebtedness incurred by another person or government. Title II: Changes in Congressional Budget Procedures - Amends the Congressional Budget Act of 1974 to require the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committee in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimate allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts. Title III: Budget Execution - Includes within the definition of appropriations all annual limitations on direct loans and loan guarantees. Title IV: Amendments to House Bills - Amends rule X of the Rules of the House of Representatives to require each standing committee (other than the Committee on Appropriations and the Committee on the Budget) to review and make appropriate recommendations with respect to the consistency and uniformity of the different definitions, default provisions, policies, interest rates, and other terms and conditions relating to direct loan, loan insurance, and loan guarantee activities included in any laws of which the subject matter is within the jurisdiction of that committee. Title V: Construction and Effective Dates - Sets forth the effective dates of the titles of this Act.
United States · United States Congress · 9 March 1983
Illinois and Michigan Canal National Heritage Corridor Act of 1983 - Establishes the Illinois and Michigan Canal National Heritage Corridor. Establishes the Illinois and Michigan Canal National Heritage Corridor Commission, which shall administer the corridor. Requires the Commission to: (1) assist the State of Illinois and nonprofit organizations in preservation, treatment, and renovation of canal structures; (2) assist Illinois in establishing and maintaining intermittent recreational trails which are compatible with economic development interests in the corridor; (3) encourage owners of property in or adjacent to the corridor to retain a strip of natural vegetation between recreational trails and development in the corridor; (4) assist in the preservation and enhancement of Natural Areas Inventory prepared by the Illinois Department of Conservation; (5) enhance public awareness and appreciation of the historical, architectural, and engineering structures and the archaeological and geological resources and sites in the corridor; (6) assist in the restoration of historic buildings in the corridor which have economic development potential; (7) assist in the interpretation of the cultural and natural resources of the corridor; (8) assist in the promotion of the corridor resources; (9) encourage enhanced economic and industrial development in the corridor; and (10) ensure that access routes to the canal are identified and that corridor traffic is routed away from industrial access routes and sites. Authorizes the Commission to finance the installation of protective features in the corridor. Requires the Commission to encourage Illinois to ensure that owners and users of property in or adjacent to the corridor will not be subject to excessive liability in connection with activities which affect persons and property in the corridor. Requires the Commission to prepare an economic impact assessment with respect to any major action, including the expenditure of funds, involving capital improvements or the acquisition of real property. Requires the Commission to report annually on its activities to the Governor of Illinois and to the Secretary of the Interior. Sets forth restrictions on the development by the Commission of sites or structures in the corridor and trails along the canal or its towpath. Terminates the Commission ten years after the enactment of this Act. Permits the Commission to extend its own life under certain conditions. Requires the Secretary to: (1) conduct specified inventories; (2) develop a thematic structure for interpretation of the heritage corridor story; (3) design and make interpretive materials; (4) provide feasibility studies for the rehabilitation of at least six historical structures in the corridor; (5) provide brochures on the tax advantages connected with such rehabilitation; and (6) detail to the Commission two Department of the Interior employees. Directs Federal agencies whose activities affect the corridor to consult and cooperate with the Secretary and the Commission. Requires the United States to release to Illinois all Federal interests in real property associated with the canal. Authorizes the release to Illinois of Federal interests in the canal prism and towpath within the Illinois and Michigan Canal State Park for park, recreational, or public purposes. Requires a reversion of such interests if such property is not used for such purposes. Authorizes appropriations to the Commission and the Secretary.
United States · United States Congress · 9 March 1983
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 3 March 1983
Vietnam Veterans National Medal Act - Directs the Secretary of the Treasury to coin and sell a medal in honor of the members and former members of the Armed Forces who served in Vietnam. Declares that the Secretary shall offer such medals for sale to the public at a price sufficient to cover the cost of minting and distributing of such medals.
United States · United States Congress · 3 March 1983
Child Abuse Prevention and Treatment and Adoption Reform Act Amendments of 1983 - Title I: Amendments to the Child Abuse Prevention and Treatment Act - Amends the Child Abuse Prevention and Treatment Act to direct the Secretary of Health and Human Services, through the National Center on Child Abuse and Neglect, to include, in a study and investigation of the national incidence of child abuse and neglect, a determination of those incidents of child abuse and neglect which involve the denial of nutrition, medically indicated treatment, general care, or appropriate social services to infants at risk with life- threatening congential impairments. Requires that the study's findings be submitted, with recommendations for administrative and legislative changes, to the Congress within two years after the effective date of this Act. Directs the Secretary, in consultation with the Advisory Board on Child Abuse and Neglect, to provide technical assistance and training to States for development and implementation of procedures to be followed by appropriate agencies or individuals to insure that nutrition, medically indicated agencies or individuals to insure that nutrition, medically indicated treatment, general care, and appropriate social services are provided to infants at risk with life-threatening congenital impairments. Requires that such procedures be in place throughout the State within one year after enactment of this Act, in order for a State to qualify for grants for child abuse and neglect prevention and treatment programs. Requires the establishment of procedures for any interested person to report to the appropriate authorities denial of such care or services to such an infant. Requires that such requirements also apply to child abuse and neglect programs and projects assisted under specified provisions of the Social Security Act. Extends through FY 1987 the authorization of appropriations for child abuse and neglect and sexual abuse of children prevention and treatment programs or projects. Revises the definition of "sexual abuse of children," for purposes of such prevention and treatment program provisions. Makes technical and conforming amendments. Title II: Amendments to the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 - Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to direct the Secretary of Health and Human Services to review all model adoption legislation and procedures developed or promulgated under such Act for the purpose of making appropriate changes to facilitate adoption opportunities for infants at risk with life-threatening congenital impairments. Extends through FY 1987 the authorization of appropriations to carry out such Act.
United States · United States Congress · 2 March 1983
Administrative Rulemaking Reform Act - Amends the Administrative Procedure Act to revise rulemaking requirements. Exempts from notice and comment requirements: (1) only those matters pertaining to military or foreign affairs functions which are properly classified under executive order to be kept secret in the interest of the national defense or foreign policy; and (2) temporary emergency rules. Eliminates the current exemption for: (1) matters concerning public property, loans, grants, benefits, or contracts; (2) interpretive rules; and (3) general policy statements. Directs a Federal agency to: (1) make a reasonable attempt to notify persons likely to be affected by a proposed rulemaking; and (2) send a notice of a proposed rulemaking to any person requesting it. Requires each rulemaking notice to include: (1) the purpose, projected effective date, and text of the proposed rule; and (2) a list of the studies upon which the agency intends to rely in the rulemaking. Pemits an agency to: (1) invite persons representing different points of view to submit suggestions regarding the content of a proposed rule; or (2) create an advisory committee to report such suggestions. Directs an agency to give interested persons 45 days after notice of a rulemaking to submit written comments on the proposed rule. Permits an agency to extend such period and to hold hearings to receive oral comments. Requires an agency to: (1) implement appropriate procedures to resolve any controversial factual issue which will materially affect the substance of a proposed rule; and (2) state its resolution of such issue not later than the date the final rule is published. Requires each agency to maintain a public file of all relevant material and required statements for each rulemaking as well as the objections to the rule and the reasons for rejecting those objectives. Sets forth the procedure for the promulgation of a rule to replace an emergency rule. Terminates an emergency rule 210 days after it is issued or on the effective date of the rule replacing it, whichever occurs first. Declares that no person shall be required to comply with a rule adopted not in accordance with the Administrative Procedure Act, but permits a person to challenge such rule or raise it as a defense in an agency proceeding or a criminal prosecution. Directs an agency to submit a copy of each rule promulgated, with specified exceptions, to each House of Congress. Declares that the rule shall not become effective if: (1) within 60 days of continuous session of Congress (days) one House adopts a concurrent resolution disapproving the rule and the other House does not disapprove such resolution within 30 days thereafter; or (2) within 60 days a committee of either House has reported or been discharged from consideration of such a resolution and within 90 days both Houses have adopted it. Prohibits an agency from promulgating a new rule identical to one disapproved unless a statute affecting the subject matter of the rule is adopted. Authorizes either House to adopt a resolution directing agency reconsideration of a rule, other than an emergency rule. Declares that a new rule shall not become effective if: (1) within 60 days after it is promulgated a committee of either House has reported or been discharged from consideration of such a resolution; and (2) within 90 days after the rule is promulgated either House has adopted such resolution. Directs an agency to reconsider and repromulgate a revised rule within 60 days after such a resolution is adopted or the rule shall lapse. Requires an agency to repromulgate an existing rule within 180 days after the adoption of a resolution of reconsideration with respect to such rule or the rule shall cease to be effective. Sets forth House and Senate procedures for considering such resolutions of disapproval or reconsideration. Directs a court reviewing an agency rule to set aside any rule found to be unwarranted by material in the rulemaking file.
![Official portrait of Rep. Erlenborn, John N. [R-IL-13]](https://www.congress.gov/img/member/e000204_200.jpg)