United States · United States Congress · 6 October 1983
Cable Telecommunications Act of 1983 - Amends the Communications Act of 1934 to authorize any governmental entity empowered to grant a cable television franchise to require: (1) that a reasonable amount of channel capacity be designated for public, educational, or government purposes; and (2) that rules be promulgated governing the use of such channel capacity, including rules for creating an agency or nonprofit organization to administer the use of such channel capacity. Allows the cable system operator to use such channel capacity for other purposes until there is a demand for use of such capacity for public, educational, or governmental purposes. Prohibits a cable operator from exercising any editorial control over any video programming for such purposes. Requires a cable operator to designate a specified percentage of its channel capacity not required for use under Federal law for commercial use by persons unaffiliated with the operator. Prohibits any Federal, State, or local authority from requiring the designation of a greater percentage of channel capacity for commercial use by unaffiliated persons. Allows an operator to continue using such designated capacity until a written agreement with an unaffiliated person is obtained. Directs the operator to establish prices, terms, and conditions for such use that are sufficient to assure that the operation, financial condition, and market development of the cable system are not adversely affected. Prohibits a cable operator from exercising any editorial control over video programming for such use except to the extent necessary to assure that such cable system is not adversely affected. Prohibits the use of such channel capacity to provide a cable service being provided on the enactment date of this Act in order to avoid providing a diversity of information sources. Authorizes any person aggrieved by the failure of an operator to make channel capacity available for such commercial use to seek to compel that such capacity be made available by bringing an action in the appropriate Federal district court or by petitioning the Federal Communications Commission (FCC). Authorizes the FCC to prescribe rules necessary to assure that a cable operator or owner provides for a diversity of information sources over the cable system: (1) upon finding that prior adjudications constitute a pattern of such failure by such person; and (2) whenever cable systems with 36 or more activated channels are available to 70 percent of U.S. households and are subscribed to by 70 percent of the households to which such systems are available. Prohibits a person from owning or controlling a cable system if such person: (1) is the licensee of a television broadcast station the predicted grade B contour (field strength) of which covers any part of the community served by such cable system; (2) owns or controls a daily newspaper published in such community; or (3) is a common carrier providing telephone exchange service in any part of such community, excluding specified rural areas. Authorizes the FCC to prescribe rules concerning the common ownership or control of cable systems by persons who own or control other media of mass communications serving the community served by the cable system. Prohibits any State or local authority from regulating the diversity of ownership of mass media interests. Prohibits any State or local authority that has an interest in any cable system from directly or indirectly controlling the content of any programming on such system, except programming on educational, public, or government channels, unless such authority establishes an independent board or separate management company. Prohibits the owner of a multiple unit dwelling from interfering with the provision of cable service requested by a resident. Permits the owner to require that: (1) the costs of installation, construction, operation, or removal of the cable facilities be borne by the subscriber, the operator, or both; (2) the condition of the dwelling and the safety and convenience of other residents are not adversely affected by the installation or construction of such facilities; and (3) the owner be fully compensated by the cable operator for any damages caused by such facilities. Directs the FCC to establish the amount of just compensation to which the owner is entitled. Authorizes a governmental or franchising authority to award one or more cable franchises within its jurisdiction. Directs such authority to assure that the opportunity to purchase cable service is not denied to any class of potential subscribers because of income or economic status. Provides that a franchise shall be construed to authorize the construction of a cable system over public rights-of-way and through easements dedicated for compatible uses, provided the property owners are compensated for any resulting damages. Prohibits a cable system from providing cable service without a franchise. Permits a governmental or franchising authority to require the construction of cable system facilities or the provision of certain equipment as part of an initial franchise or a franchise renewal proceeding. Directs such authority to negotiate and, if necessary, enter binding arbitration with a cable operator over the termination, modification, or deferral of a requirement for facilities or equipment (excluding facilities or equipment for educational, public, or government use) that the operator shows to be impracticable as a result of a significant change in circumstances. Provides that the terms of any franchise agreement resulting from a request for proposals originally issued on or before September 30, 1982, shall remain in effect for the remaining term of the franchise. Declares that no cable system shall be subject to regulation as a common carrier or utility by reason of providing cable service. Authorizes a governmental or franchising authority to require a cable operator to pay a franchise fee not to exceed an annual aggregate of five percent of such operator's gross revenues. Permits a cable operator to pass the cost of any increase in the franchise fee through to subscribers. Prohibits a governmental or franchising authority from requiring the provisions of services, facilities, or other items not related to the provision of cable service under a franchise. Authorizes a franchising authority to regulate the rates for the provision of basic cable service and the installation or rental of equipment necessary for the receipt of such service for any cable system that is not located within the grade B contour of four or more full power television signals with at least one affiliate of each of the three power commercial television networks. Authorizes such an authority to regulate the rates of a franchise in effect on the enactment date of this Act for the greater of five years or one-half of the remaining term of the franchise. Authorizes annual rate increases not exceeding the regional consumer price index if subscribers are given 30 days notice. Provides that requests for rate increases shall be deemed to be granted if not acted upon within 90 days. Bars any other regulation of rates, with specified exceptions, by any Federal, State, local, or other franchising authority. Prohibits any such authority from regulating the provision or content of cable services, except that: (1) any applicable FCC regulation in effect on September 21, 1983, may remain in effect; (2) a franchising authority may enforce the terms of a franchise agreement under which the cable operator agrees to provide particular services; (3) a franchising authority and a cable operator may specify that certain services that are obscene or otherwise unprotected by the Constitution may not be provided; and (4) an operator may be required to offer basic cable services. Allows an operator to rearrange, replace, or remove a service specified in a franchise if there has been a significant change in circumstances. Requires a franchising authority to grant an application for the renewal or extension of an operator's franchise, unless: (1) the operator has not substantially complied with the franchise or applicable law or has committed a felony; (2) there has been a change in the operator's qualifications that impairs the provision of service; (3) the facilities to be provided by the operator are unreasonable in terms of cost and community need; (4) the signal of the operator's system has not met the FCC's technical standards; or (5) the proposals of the application are otherwise unreasonable. Sets forth time requirements and procedures governing the filing, consideration, and denial of applications and the judicial review of adverse decisions. Prohibits a franchising authority, upon the expiration of a franchise, from acquiring an ownership interest in a cable system, or requiring a sale of a system to another person, at less than the system's fair market value. Prohibits a franchising authority from acquiring an ownership interest in a system subject to a franchise termination resulting from a material breach by a cable operator, unless the operator was provided notice of, and a reasonable opportunity to remedy, the breach. Prohibits any cable operator or any other person who provides cable services from using the cable system to collect personally identifiable information on a cable subscriber without the written or electronic consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personally identifiable information collected and maintained by a cable operator or other person providing cable services. Authorizes civil damages for violations of these privacy provisions. States that cable operators have no liability for programs on public, educational, or governmental channels or for channels designated for commercial use by unaffiliated persons. Prohibits any person from intercepting or receiving cable services or assisting in intercepting or receiving cable services without specific authorization by a cable operator or by law. Sets forth provisions governing civil remedies, the determination of civil damages, and criminal penalities for violations of such prohibition. Provides that a State shall not be considered to regulate the rates, terms, and conditions for pole attachments unless: (1) the State has issued and made effective regulations implementing such regulatory authority; and (2) the State takes final action on a complaint about an individual matter within 60 days.
United States · United States Congress · 6 October 1983
Civil Liberties Act of 1983 - Title I: Recognition of Injustice and an Apology on Behalf of the Nation - States that the Congress accepts the findings of the Commission on Wartime Relocation and Internment of Civilians and recognizes that a grave injustice was done to both citizens and resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. Title II: United States Citizens of Japanese Ancestry and Resident Japanese Aliens - Requests the President to offer pardons of those convicted of violating laws during the internment period whose violation was based on a refusal to accept racially discriminatory treatment. Provides that Federal departments and agencies that review applications for restitution of positions, status, or entitlement lost during the internment period shall review such applications giving full consideration to the findings of the Commission. Establishes within the Treasury a Civil Liberties Public Education Fund. Authorizes appropriations for the Fund. Requires the Attorney General to pay $20,000 each from the Fund in compensation to surviving internees. Establishes a Board of Directors which shall be responsible for making disbursement from the Fund. Provides that disbursement from the Fund shall be used to: (1) sponsor research and public educational activities dealing with the internment; (2) fund studies of similar civil liberties abuses; (3) prepare and distribute hearings and findings of the Commission; and (4) promote the general welfare of the ethnic Japanese community in the United States. Title III: The Aleuts - Requires the Attorney General to identify, locate, and pay a sum of $5,000 each to surviving internees of Alaskan Aleut ancestry. Establishes within the Treasury the Aleutian Islands Education and Restoration Fund. Authorizes appropriations for the Fund. Provides for a Board of Directors to be responsible for making disbursements from the Fund. Authorizes disbursements for community and individual purposes that will be compensatory for the losses and injuries suffered as a result of the evacuation of the Aleuts. Directs the Army Corps of Engineers to rebuild and restore churches and buildings damaged or destroyed in the Aleutian Islands and clear away the military debris that remains there from the evacuation and relocation period. Directs the Secretary of the Interior to convey the island of Attu, Alaska, to the Aleut native corporation. Title IV: Miscellaneous Provisions - Provides that all documents, personal testimony, and other material collected by the Commission shall be deposited in the National Archives of the United States.
United States · United States Congress · 6 October 1983
Employee Stock Option Revision Act - Title I - Provides that all amendments made by this Act shall be considered as amendments to the Internal Revenue Code. Title II - Amends the Internal Revenue Code to allow an income tax deferral in the case of a transfer to an individual of stock in a corporation pursuant to an employee stock option, if both the corporation and the individual elect. Allows such a deferral until such time as a disposition of such stock occurs.
United States · United States Congress · 6 October 1983
Prohibits the Federal Communications Commission from taking any action between September 1, 1983, and July 1, 1988, to change the rules regarding multiple ownership of radio and television broadcast stations. Voids any change made after September 1, 1983, and before enactment of this Act.
United States · United States Congress · 5 October 1983
Synthetic Fuels Corporation Fiscal Accountability Act of 1983 - Amends the Energy Security Act to prohibit the U.S. Synthetic Fuels Corporation from making new awards of financial assistance after the date of the enactment of this Act and before the date on which the Corporation's comprehensive strategy for achieving the national synthetic fuel production goal is approved by Congress. Makes limitations on Corporation construction projects effective upon the enactment of this Act rather than upon approval of the comprehensive strategy as provided under current law.
United States · United States Congress · 5 October 1983
Children's Television Education Act of 1983 - Amends the Communications Act of 1934 to require that every television broadcast station broadcast each Monday through Friday a minimum of one hour per day of programming specifically designed to enhance the education of children. Directs the Federal Communications Commission to prescribe regulations necessary to carry out such requirement. Requires that such regulations be initially prescribed within 180 days after the enactment of this Act. Directs the Commission, beginning four years after such enactment, and periodically thereafter, to review the effectiveness of such regulations and amend or supplement them as necessary. Permits such regulations to require a greater amount of broadcasting of children's educational television programing than the specified minimum required under this Act.
United States · United States Congress · 5 October 1983
National Organ Transplant Act - Title I: Amendment to Public Health Service Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make planning and operations grants for local organ procurement organizations. Sets forth eligibility criteria. Authorizes appropriations for FY 1984 through 1989. Directs the Secretary to establish a private nonprofit United States Transplantation Network to provide a central registry linking donors and potential recipients. Directs the Secretary to: (1) establish in the Office of the Assistant Secretary for Health a National Center for Organ Transplantation to coordinate Federal organ transplantation activities; and (2) appoint an advisory council for such Center. Requires the Secretary to publish an annual organ transplantation report. Title II: Medicare and Medicaid Amendments - Amends the Social Security Act to permit Medicare organ transplantations at specified centers. Exempts organ procurement activities from specified cost limits. Requires States to develop written Medicaid payment polices for organ transplants. Requires State Medicaid plans to participate in any transplant program established under Medicare. Requires designated Medicare transplant centers to serve Medicaid patients. Title III: Prohibition of Organ Purchases - Prohibits the sale of human organs. Subjects violators to maximum penalties of $50,000 or five years in prison, or both.
United States · United States Congress · 5 October 1983
Small Business Competitive Procurement Act of 1983 - Amends the Small Business Act to prohibit Government procurement officers from using qualified bidders or similar lists to preclude small businesses from being awarded contracts without referring the matter for final disposition to the Small Business Administration (SBA). Requires the SBA to certify small businesses as eligible to perform specified Government subcontracts if the contract involved exceeds $100,000 or the approved limits of a contractor's procurement system, whichever is greater. Provides that a Government procurement officer may not refuse to include a product of a small business concern or group of small business concerns on a qualified products list without referring the matter for final disposition to the SBA. Requires the SBA to make such final disposition within 60 days. Prohibits the SBA from: (1) establishing an exemption from the requirements that Government procurement officers refer questions as to a small business' eligibility as a Government contractor to the SBA for disposition; or (2) refusing to accept such a referral. Declares it to be the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the award of Government prime contracts and subcontracts for appropriate portions of component systems, spare parts, and services for major weapon systems. Provides that during the planning for contracts for the procurement and performance of service or for the production or assembly of goods and spare parts for major weapon systems, the head of each Federal agency shall maximize competition for such components or services so as to insure to the maximum extent practicable that small businesses and small disadvantaged businesses are not precluded from performing as prime contractors and subcontractors on such contracts. Requires Federal agencies to publicly post and make available to small businesses information concerning the agencies' solicitations, unless such disclosure of information would be a breach of security or would disclose the Government's cost estimate for the procurement. Directs the Department of Defense to use funds appropriated for the development or production of any major weapon system to acquire manufacturing data relating to such system. Requires contracts entered into by any military department for the development or production of any major weapons system to contain provisions insuring the Government's acquisition of such manufacturing data, including conditions under which the contractor waives proprietary rights with respect to data necessary for the performance of such contracts. Provides waiver authority upon notification to specified congressional committees in instances where the military department determines that manufacturing technical data is not necessary. Directs each military department, within a specified time, to complete an inventory of the manufacturing technical data which the Government has in its possession or to which it has access. Directs the Comptroller General of the United States to transmit to Congress, within three years after enactment of this Act, a report evaluating each military department's efforts to compile an inventory of the manufacturing data for major weapons systems in its possession or to which it has access. States that Federal procurement rulemaking is to be covered under the Administrative Procedure Act.
United States · United States Congress · 29 September 1983
Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer or taxpayer's dependent child at an institution of higher education or a vocational school. Limits the amount of such deduction to $2,000 (adjusted for inflation) for each account per calendar year. Provides that no account may have more than one beneficiary and that no individual may be a beneficiary of more than one account. Requires the trustee of an education savings account to transfer five percent of the amount of any contribution to the trust to a State educational fund which is established by State law, the assets of which are used to provide scholarship assistance to individuals attending educational institutions within the state. Permits the deferral of income tax on income accumulated in such education savings accounts as long as such amounts are used exclusively for educational expenses. Sets forth penalties for the use of account funds for other than educational purposes. Requires that the trustee of an education savings account file reports with the Secretary of the Treasury on the maintenance of the account. Imposes penalties for not filing required reports. Extends the deduction for contributions to an education savings account to taxpayers who do not otherwise itemize deductions. Includes in the gross income of account beneficiaries over a ten-year period beginning at age 25 an amount equal to ten percent of the amounts paid or used on their behalf for educational expenses.
United States · United States Congress · 29 September 1983
Expresses the sense of the Congress that the President should urge the Japanese to extend the current voluntary auto export limits beyond March 31, 1984.
United States · United States Congress · 22 September 1983
National Dividend Act of 1983 - Establishes a program for the distribution of corporate income tax, capital gains tax, and insurance company income tax revenues to the registered voters of each State in the form of dividend payments. Directs the Secretary of the Treasury to pay to the chief financial officer of each State an amount equal to the National Dividend Payment, as computed under this Act, multiplied by the number of registered voters in such State. Establishes the National Dividend Payment Trust Fund. Directs the payment of specified amounts to the Trust Fund between FY 1984 and 1987. Establishes a National Dividend Review Board to review the manner in which payments are made from the Trust Fund and to make investments of trust funds which are not required to meet current expenses. Amends the Internal Revenue Code to exclude from gross income all dividend income, including dividends received under this Act, received by a taxpayer from a domestic corporation. Increases the income tax deduction to corporations for dividends received on the preferred stock of a public utility. Prohibits an increase of corporate income tax rates above 50 percent. Limits increases in Federal expenditures during the five year period beginning after the date of the enactment of this Act to an amount which is attributable to inflation.
United States · United States Congress · 21 September 1983
Prohibits the Secretary of Defense from transferring or consolidating a function, power, or duty of a military department on either a permanent or trial basis unless specifically authorized by law. Exempts transfers involving the reallocation of fewer than 200 personnel or $10,000,000 in any fiscal year.
United States · United States Congress · 21 September 1983
Expresses the sense of the Congress that: (1) the proposed United States Steel-British Steel purchase agreement is adverse to the interests of the United States, the steel industry, and U.S. steel workers; and (2) the Secretary of Commerce take action under existing laws, including the United States-European Community Steel arrangement, to determine if there are any violations.
United States · United States Congress · 20 September 1983
Title I: Extension of Federal Supplemental Compensation Program - Amends the Federal Supplemental Compensation Act of 1982 to extend the payment of benefits under the Federal supplemental unemployment compensation program for seven weeks through November 15, 1983. Increases the number of weeks for which such benefits are payable to an individual or in a State. Provides, in the case of any account from which Federal supplemental compensation is first payable to an individual for a week beginning after September 30, 1983, that the amount established in the account shall be equal to the lesser of: (1) 65 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the benefit year (as determined under State law) on the basis of which the individual most recently received regular compensation; or (2) specified applicable limits (during certain State unemployment periods) times the individual's average weekly benefit for the benefit year. Provides formulas to determine the additional entitlement of individuals to whom such benefits were payable before October 1, 1983. Raises the maximum applicable limit (the maximum payment period in States with a specified high-unemployment level) from 14 weeks to 16 weeks. Permits States to use an alternative trigger mechanism, based on the total unemployment rate (TUR) in a State, as an alternative to the insured unemployment rate (IUR), in determining the payment period in effect. Sets forth the following table for determination of such payment period: (1) 16-week period-eight percent or greater IUR or 12 percent or greater TUR; (2) 14-week period-six to eight percent IUR or ten to 12 percent TUR; (3) 12-week period-five to six percent IUR or nine to ten percent TUR; (4) ten-week period-four to five percent IUR or eight to nine percent TUR; and (5) eight-week period-less than four percent IUR or less than eight percent TUR. Sets forth transitional rules. Directs the Secretary of Labor to require modifications of agreements with States under such Act to conform with amendments made by this Act within a specified period. Title II: Other Provisions - Amends the Internal Revenue Code to conform the Federal Unemployment Tax Act (FUTA) definition of taxable wages with the social security tax definition for purposes of determining whether Federal supplemental compensation payments made to estates or survivors of deceased individuals should be subject to the FUTA unemployment tax. Extends the exemption of wages paid to certain alien farmworkers from FUTA unemployment taxation for two additional years, until January 1, 1986. Directs the Secretay of Labor to report to the Congress by April 1, 1984, on the feasibility of: (1) using area triggers in unemployment compensation programs; and (2) determining whether individuals filing claims for unemployment compensation are structurally unemployed. Amends the Social Security Act to extend for seven weeks, until November 16, 1983, the period for which the provisions continuing payment of social security disability benefits during appeal are applicable.
United States · United States Congress · 19 September 1983
Expresses the sense of the Congress that the transfer of ownership or management of any civil meteorological satellite system and associated ground system equipment to the private sector is not presently appropriate.
United States · United States Congress · 15 September 1983
States that until Chile returns to democracy the United States should deny all military and economic assistance, including guarantees and loans from the Export-Import Bank and the Commodity Credit Corporation. Urges the United States to oppose all loans and grants to Chile by the Inter-American Development Bank, the International Bank for Reconstruction and Development, and the International Development Association, unless such assistance is directed to programs which serve the basic human needs of the people.
United States · United States Congress · 14 September 1983
Health Service Act - Title I: Establishment and Operation of the United States Health Service - Establishes the United States Health Service as an independent agency of the executive branch. Directs the President to appoint an Interim National Health Board to govern the service during the months before a Permanent National Health Board is appointed. Requires the Interim Board to establish health care delivery regions throughout the United States, with an interim regional board for each region which shall in turn establish health care delivery districts and communities. Specifies procedures for the election of community boards by the community users and health care workers, and subsequent appointment of permanent district and regional boards, culminating, by this selection process from the bottom up, in the appointment of the permanent National Health Board from among regional users. Title II: Delivery of Health Care and Supplemental Services - Enumerates the basic health rights which the Service shall ensure in the delivery of services to users, among them: (1) the right to receive high quality health care and supplemental services without charge or discrimination; (2) the right to choose the health facilities from which to receive such services; (3) the right of access to all health information; (4) the right to an explanation of benefits and risks; (5) the right, in the event of terminal illness, to die with a maximum degree of dignity; and (3) the right to legal assistance to enforce these rights. Amends the Fair Labor Standards Act to entitle each employee of an employer subject to compensation to one hour of necessary health care services for every 35 hours of employment. Lists the range of services which the Health Service shall provide. Makes all individuals within the United States and its territories eligible to receive them. Requires: (1) each community board to establish community health care facilities providing certain primary and specialized services; (2) each district board to establish a general hospital; and (3) each regional board to establish a regional medical facility with highly specialized services. Specifies additional duties of regional, district, and community boards, including education on personal health matters and environmental monitoring services. Prohibits any individual employed by a health board from engaging in the private delivery of health care services. Title III: Health Labor Force - Makes the Health Service the sole judge of the qualifications of its employees, pre-emptying all State or local laws to the contrary. Directs the National Health Board to issue guidelines for the classification, certification, and employment of health workers by job category. Requires each regional board to establish a health team school for the education of health workers in its region. Applies certain Federal Standards to labor-management relations within the Service, including collective-bargaining procedures and agreements. Provides for the defense of malpractice and negligence suits brought against Service employees. Title IV: Other Functions of Health Boards - Directs the National Board to establish a health rights legal service program to assist users and workers with legal problems related to health rights and health care services. Requires each regional, district, and community board to set up a health advocacy program to ensure full realization of health rights. Provides a grievance procedure for users and workers before a regional board or the National Board. Directs the National Board to oversee occupational safety and health programs at the regional level and to contribute to the development and administration of standards under the Occupational Safety and Health Act of 1970. Requires the establishment of regional occupational safety and health programs and community safety and health action councils (OSHACs). Requires employers to provide a health facility in or near any workplace having 25 or more employees. Transfers the National Institutes of Health to the National Health Board, and requires the creation of additional National Institutes of: (1) Epidemiology; (2) Evaluative Clinical Research; (3) Health Care Services; (4) Pharmacy and Medical Supply; and (5) Sociology of Health and Health Care. Directs the National Board to formulate one-year and five-year national health plan budgets based on data collected and evaluated by the community, district, and regional boards. Requires the publication of a National Pharmacy and Medical Supply Formulary listing drugs, therapeutic devices and other medical equipment, and a comprehensive dictionary of health care terms for users. Title V: Financing of the Service - Amends the Internal Revenue Code to impose additional income taxes (health service taxes) on individuals and corporations to finance the health service program. Denies exclusion from gross income of amounts paid by employers on behalf of their employees to accident and health plans which provide insurance for medical expenses covered by this Act. Eliminates income tax deductions for certain health care expenses and charitable contributions to medical and hospital facilities where the services paid for could have been provided by the Health Service. Repeals the hospital insurance tax. Creates in the Treasury the Health Service Trust Fund. Transfers to such Fund all the assets and liabilities of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Directs the National Board to prepare a national health budget for each fiscal year based on plans and budgets submitted annually by the regional, district, and community boards. Title VI: Miscellaneous Provisions - Makes conforming amendments to specified Acts.
United States · United States Congress · 13 September 1983
Authorizes the Veterans Administration to furnish each veteran with a compensable service-connected disability such drugs and medicines as may be prescribed by any licensed physician for treatment of the service-connected disability.
United States · United States Congress · 13 September 1983
Designates the week beginning February 12, 1984, as a time to recognize the contributions of volunteers who become Big Brothers and Big Sisters to single parent youths.
United States · United States Congress · 12 September 1983
Coin-Operated Phonorecord Player Copyright Act of 1983 - Revises the scope of the limitations on the performance of a nondramatic musical work on a coin-operated phonorecord player (jukebox) to require: (1) the manufacturer or importer of the player, rather than the operator, to register and pay a one-time only compulsory licensing fee of $50, rather than an adjusted annual fee, to the Copyright Royalty Tribunal for distribution to the copyright holders; and (2) the operator of a currently owned player to pay a compulsory licensing fee of up to $25 based upon the number of years of useful life remaining in the player. Directs the Register of Copyright to keep a list of all registered players. Restates the royalty distribution procedures.
United States · United States Congress · 4 August 1983
Wine Equity Act of 1983 - Requires the President to direct the U.S. Trade Representative (USTR) to negotiate the harmonization of tariff and nontariff barriers on wine with each designated major trading country. Requires negotiations with designated major trading countries which do not export wine to the United States in order to eliminate all tariff and nontariff trade barriers of such countries to the importation of U.S. wine. Requires the President to impose tariff and nontariff trade barriers equal or substantially equivalent to the barriers applied by a designated major trading country if such country does not provide harmonization to U.S. produced-wine with 180 days of the country's designation as a designated major trading country. Provides for removing such U.S. tariff and nontariff barriers. Requires the USTR to report to specified congressional committees at the beginning and end of each negotiation. Requires the USTR to consult with such committees to identify further tariff and nontariff barriers to and potential markets for U.S. wine. Provides for assistance for the USTR from other Federal agencies.
United States · United States Congress · 4 August 1983
Directs the Small Business Administration to assign a break-out procurement center representative to each major procurement center to review and evaluate the procurement methods for military items and develop and implement appropriate changes based on these findings. Directs the Director of Small and Disadvantaged Business Utilization of the Department of Defense to assign technical advisors to assist each break-out procurement center representative. Requires each major procurement center to submit quarterly reports to the Inspector General of the Department of Defense, the Administrator of the Small Business Administration, and the Comptroller General regarding the cost savings through the use of break-out procurement procedures. Authorizes the Inspector General of the Department of Defense to pay a cash award to employees of the two major procurement centers which achieve the greatest percentage of savings through the use of break-out procurement procedures. Requires the Comptroller General to report to Congress regarding break-out procurement procedures.
United States · United States Congress · 4 August 1983
White House Conference on the Homeless and the Hungry Act - Directs the President to call a White House Conference on the Homeless and the Hungry to develop recommendations and stimulate a national assessment of the problem of hunger and homelessness in the United States. Requires the Secretary of Health and Human Services to direct the planning and conduct of the Conference. Directs Conference participants to give special consideration to: (1) providing long-range planning to ensure appropriate shelter and nutrition for all needy families; (2) accelerating the availability of emergency community food and shelter facilities; (3) exploring ways of using Government surplus food for the hungry; (4) encouraging States to exchange information on available services and issues of mutual concern; (5) providing incentives for private developers and criteria to rehabilitate abandoned housing; and (6) improving data collection activities. Directs the Conference to submit its final report to the President within 120 days of its formation. Requires the report's findings and recommendations to be made available to the public. Requires the President to transmit recommendations for implementing the report's recommendations to Congress within 120 days after receiving such report.
United States · United States Congress · 4 August 1983
Amends the Internal Revenue Code to allow a refundable income tax credit for expenses incurred in the care of elderly family members. Sets such credit at 30 percent of the expenses incurred for taxpayers with incomes of $25,000 or less. Reduces the rate of such credit, but not below 20 percent, by one percent for each $2,000 of taxpayer income in excess of $25,000. Limits such credit to taxpayers with an adjusted gross income of less than $75,000. Imposes a maximum $7,000 limit on the amount of elderly care expenses that can be taken into account. Defines "qualified family member" as any individual who: (1) is related to the taxpayer by blood or marriage; (2) is at least 70 years of age (or diagnosed with senile dementia); and (3) has a family income of $15,000 or less. Defines "qualified elderly care expenses" as payments for: (1) home health agency services; (2) homemaker services; (3) adult day care; (4) respite care; or (5) certain health care equipment and supplies.
United States · United States Congress · 3 August 1983
Social Security Disability Benefits Reform Act of 1983 - Title I: Standards of Disability - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that an individual who is receiving disability benefits or child, widow's, or widower's insurance benefits based on disability may be determined not to be entitled to such benefits on the grounds that the disability involved has ceased, does not exist, or is not disabling, only if: (1) there has been medical improvement in the individual's impairment so that the individual can engage in substantial gainful activity; (2) the individual can engage in substantial gainful activity as a result of medical or vocational therapy or technology; or (3) on the basis of new or improved diagnostic techniques, the individual's impairment is not considered as disabling as it was at the time of the most recent prior disability determination and the individual can engage in substantial gainful activity. Requires the Secretary of Health and Human Services to: (1) conduct a study, in conjunction with the National Academy of Sciences, on the use of subjective evidence of pain in making disability determinations; and (2) submit the study results to specified congressional committees. Requires the Secretary to consider the combined effect of all of an individual's impairments in determining whether such individual is unable to engage in substantial gainful activity. Title II: Disability Determination Process - Requires the Secretary to revise the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under part 404 of title 20 of the Code of Federal Regulations which are used to make individualized determinations of disability for purposes of determining eligibility for disability benefits under title II of the Social Security Act. Prohibits the Social Security Administration from carrying out continuing eligibility reviews with respect to individuals previously determined to be under a disability due to mental impairment until such revisions have been established by final regulation. Makes such prohibition inapplicable in any case involving fraud or where an individual is engaged in substantial gainful activity. Sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the Secretary's revisions are established by final regulation. Provides that an initial disability determination by the Secretary or by a State agency which is unfavorable to a disability benefit applicant shall remain pending until after notice and opportunity for review. Requires that such a determination contain a statement of the case which indicates the basis of the disability determination, the right to a review, and the right to submit additional medical evidence before such review. Entitles the applicant or the applicant's spouse, divorced spouse, surviving divorced spouse, surviving spouse, surviving divorced mother, child, or parent to a review of a pending disability determination upon request and upon a showing that his or her rights may be prejudiced by such determination. Sets forth procedural requirements with respect to such a review. Requires the Secretary or the State agency to affirm or modify a pending disability determination on the basis of such a review. Provides that an initial decision by the Secretary as to an individual's eligibility for disability benefits which is based upon an initial disability determination and which is unfavorable to such individual shall contain a statement of the case which indicates the basis of such decision, the individual's right to a hearing, and the individual's right to submit additional evidence before or at such hearing. Entitles an individual who is dissatisfied with an initial decision by the Secretary to judicial review. Requires the Secretary to conduct demonstration projects in at least five States implementing the amendments made by this Act. Requires the Secretary to report to specified congressional committees on such projects. Removes certain time restrictions on the continued payment of disability benefits during the appeal process. Requires the Secretary to study and report to specified congressional committees on: (1) the effect of the continued payment of benefits during the appeal process upon the expenditures of the Federal Disability Insurance Trust Fund; and (2) the rate of appeals to administrative law judges of unfavorable disability benefit entitlement determinations. Provides that a disability determination in the case of an individual with a mental impairment shall be made only after a qualified psychiatrist or psychologist employed by the State agency or the Secretary has made the proper medical evaluation. Requires the Secretary to prescribe standards with respect to consultative examinations which must be obtained for disability determinations. Title III: Miscellaneous Provisions - Provides for the application of Federal rulemaking and administrative procedure requirements to disability determinations under title II of the Social Security Act. Specifies certain decisions by a U.S. court of appeals with which the Secretary and the Department of Health and Human Services must comply, unless there is a review by the U.S. Supreme Court. Expands the types of cases with respect to which States may be reimbursed by the Secretary for the costs of furnishing vocational rehabilitation services. Establishes in the Department of Health and Human Services an Advisory Council on the Medical Aspects of Disability, which shall advise and make recommendations to the Secretary on disability standards, policies, and procedures. Terminates the Council on December 31, 1985. Amends title VII (Administration) of the Social Security Act to require that each report by the Secretary to Congress on the administration of the Social Security Act contain a description of the current status of the disability insurance program under title II of such Act. Requires the Secretary to establish enough attorney adviser positions in the Department of Health and Human Services to insure adequate opportunity for career advancement for attorneys in the Social Security Administration. Requires that such attorneys be given qualifying experience for appointment to administrative law judge positions. Requires the Secretary to report to specified congressional committees with respect to complying with these requirements.
United States · United States Congress · 3 August 1983
Computer Literacy Act of 1983 - Title I: Acquisition of Computer Hardware - Directs the Secretary of Education to allocate funds to local educational agencies (LEAs) for the acquisition of computer hardware for use in school classrooms. Directs the Secretary to allocate a specified amount to each State educational agency (SEA) for monitoring and enforcement. Sets forth requirements for LEA applications for such funds, to be approved by SEAs. Sets forth State responsibilities under this title. Sets forth provisions for participation of children from private schools. Authorizes appropriations for FY 1984 through 1993 to carry out this title. Title II: Teacher Training Institutes - Directs the National Science Foundation (NSF) to arrange for short-term or regular session institutes for advanced study to improve the qualifications of individuals who are engaged in, or preparing to engage in: (1) teaching the operation and use of new technologies; or (2) supervising or training such teachers. Directs the NSF to make grants or contracts for the development and operation of such institutes by nonprofit professional scientific or engineering organizations, science museums, regional science education centers, SEAs, and institutions of higher education (including community colleges). Requires that special consideration for such grants and contracts be given to institutes training teachers, or supervisors or trainers of teachers, serving or preparing to serve in elementary and secondary schools enrolling substantial numbers of culturally, economically, socially, and educationally handicapped youth, or in programs for children of limited English language proficiency. Provides for stipends for individuals who attend such institutes. Authorizes appropriations for FY 1984 through 1993 to carry out this title. Title III: Information Dissemination and Evaluation - Directs the National Institute of Education (NIE) and the NSF to provide advice and technical assistance to SEAs and LEAs on the expenditure of funds under title I and on acquisition of suitable computer software by: (1) evaluating and disseminating information on available computer hardware and software's classroom usefulness; and (2) developing model educational software and making this available to computer software producers and distributors, teachers, and school administrators. Directs NIE and NSF to carry out such functions under grants or contracts. Authorizes appropriations for FY 1984 through 1993 for such purpose. Directs the NSF to conduct, assist, and foster research and experimentation on, and dissemination of, models of instruction in the operation and use of computers. Directs the NSF to do so: (1) through grants to or contracts with nonprofit professional scientific or engineering organizations, science museums, regional science education centers, public television, SEAs, and institutions of higher education (including community colleges); and (2) giving priority to proposals prepared with active and broad community involvement or proposals to establish model training programs for adults. Permits funds from such grants or contracts to be used for the acquisition of computer hardware and software. Requires the Director of NSF to: (1) report to Congress annually on the results of such research and experimentation; and (2) in conjunction with NIE, disseminate information on such results to LEAs. Authorizes appropriations for FY 1984 to 1993 for such research, experimentation, and dissemination.
United States · United States Congress · 3 August 1983
Interstate Compact - Grants congressional approval to the Southeast Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 3 August 1983
Prohibits sending combat troops into Costa Rica, El Salvador, Guatemala, Honduras, or Nicaragua for training exercises or any other purposes unless: (1) Congress has authorized their presence in advance by a joint resolution signed by the President; or (2) the presence of such troops is necessary to provide for the immediate evacuation of U.S. citizens, or to respond to a clear and present danger of military attack on the United States. Declares that, in either case, the President should advise and consult, to the extent possible, in advance with the Congress.
United States · United States Congress · 28 July 1983
Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Centers for Disease Control, to make grants and enter into contracts for State and local public health emergency prevention and treatment programs. Establishes in the Treasury a Public Health Emergency Fund for such purposes. Authorizes $60,000,000 for FY 1984 and for subsequent years such sums as necessary to have $60,000 in the Fund at the beginning of each fiscal year. Requires a report to the appropriate congressional committees on any such expenditures made during a fiscal year.
United States · United States Congress · 27 July 1983
Federal Correctional Education Assistance Act - Declares the purpose of this Act to be to provide financial assistance to the States to carry out educational programs for criminal offenders in juvenile and adult correctional institutions. Authorizes appropriations for FY 1984 through 1986 to enable the Secretary of Education to make grants to States under this Act. Allows such appropriations to remain available until expended. Authorizes the Secretary to make grants to State educational agencies and grants for programs of national significance. Sets forth formulas for the allocation of funds under this Act. Prohibits the use of funds for purposes inconsistent with the Juvenile Justice and Delinquency Prevention Act of 1974. Sets forth permissible uses of grants made to States under this Act, including: (1) academic programs for basic education, special education, bilingual or bicultural study, secondary school credit, postsecondary study, fine arts, recreation and health, and curriculum development; (2) vocational training; (3) library development and services; (4) teacher training; (5) educational release programs; (6) guidance; (7) supportive services; and (8) job training. Sets forth requirements for State applications for assistance under this Act. Authorizes the Secretary to make, from specified reserved funds, grants to State and local educational agencies, institutions of higher education, State correctional agencies, and other public and nonprofit organizations and institutions to meet the costs of programs of national significance which the Secretary determines give promise of improving the education of criminal offenders. Sets forth provisions for payment and withholding of funds under this Act.
United States · United States Congress · 26 July 1983
Consumer Communications Act of 1983 - Requires that in administering access charges (in relation to telephone usage): (1) the End User Common Line charge assessed for each single line residential subscriber shall be equal to 33 percent of such charge assessed for each single-line business subscriber; (2) one-tenth of the Basic Factor Portion of the Carrier Common Revenue Requirement shall be recovered through End User Common Line charges each year, increasing by one-tenth per year for each of the ten years beginning on January 1, 1984; and (3) Carrier Common Line revenue recovered shall be used to fund the Lifeline Service Fund and the High Cost Service Fund. Directs the Federal Communications Commission to establish a system of charges comparable to the Carrier Common Line charges to be recovered from interexchange carriers or other persons who indirectly interconnect with the facilities of an exchange carrier. Requires amounts recovered to be allocated to the Lifeline Service Fund and the High Cost Service Fund. Amends the Communications Act to require each State commission to establish rules for the provision of lifeline telephone service by exchange carriers. Prohibits any lifeline telephone service from including any charges based on time of day of any call placed, or the duration of distance of the call. Defines "lifeline telephone service" as telephone service made available to low-income residential subscribers for a single discounted charge under which a subscriber can make a limited number of calls within the exchange area. Makes eligible for lifeline telephone service any individual who is obtaining benefits under part A (Aid to Families With Dependent Children) of title IV of the Social Security Act or title XVI (Supplemental Security Income) of such Act, or the Food Stamp Act of 1977. Prohibits the lifeline telephone service rate from recovering less than 30 percent of an exchange carrier's average cost of providing telephone exchange service to residential subscribers. Revises the purposes of the Communications Act of 1934 to state that, in addition to the present purposes, the Commission is created for the purpose of regulating interexchange commerce. States that the Act shall not be construed to give the Commission jurisdiction with respect to charges, classifications, practices, services, facilities, or regulations for or in connection with exchange communication service by wire or radio of any carrier. Establishes the Lifeline Service Fund in order to assure the availability of affordable telephone service for all Americans, both rural and urban. Directs the Commission to provide for a fund, the High Cost Service Fund, in order to assure the continued availability of universal telephone service, including service in high cost areas. Requires the collection and distribution of funds for such Fund to be in accordance with the final order of the Commission in the Common Carrier Docket numbered 78-72 and the final recommended decision of April 15, 1983, of the Joint Board in the Common Carrier Docket numbered 80-286. Directs the Commission to: (1) initiate an inquiry for the investigation and evaluation of the impact of changes in the structure and regulation of the telecommunications industry or the continued universal availability of telephone service at reasonable charges; and (2) report its findings to Congress and the State commissions. Authorizes the Commission to provide financial assistance for the direct costs of participation by any person in any communications proceeding if: (1) the person applying for assistance represents an interest which would not otherwise be represented adequately in the proceeding and which needs to be represented for a fair disposition of the proceeding; and (2) the person applying for assistance does not have sufficient resources available to participate effectively in the absence of assistance. Authorizes a State commission to require any exchange common carrier to lease and maintain on request a single basic one-line telephone instrument to any subscriber within the State on the basis of a tariff that includes all costs of providing and maintaining the instrument. Prohibits a carrier or exchange carrier from using revenues from regulated communications services to defray any costs associated with its entry into or engaging in unregulated commercial activities. Prohibits the Commission or any State commission from considering the revenues or profits derived from the offering of any unregulated products or services by any carrier or exchange carrier in determining the revenue requirements of any common carrier service of such carrier.
United States · United States Congress · 25 July 1983
Establishes the Kamehameha National Monument in Hawaii. Requires the Secretary of the Interior to provide facilities to commemorate the historical significance of the monument. Authorizes appropriations.
United States · United States Congress · 21 July 1983
Child Protection Act of 1983 - Amends the Federal criminal code dealing with the sexual exploitation of children. Increases the penalties for the sexual exploitation of children from $10,000 to $100,000 and, on a subsequent conviction from $15,000 to $200,000. Prohibits the distribution involving the sexual exploitation of minors even if the material is not found to be "obscene." Eliminates the requirement that persons distributing such material in interstate commerce do so for purposes of sale. Raises the age of a minor to include any person under the age of eighteen. Redefines "sexually explicit conduct" to exclude simulated conduct when there is little or no possibility of harm to the minor and when there is redeeming social, literary, educational, scientific or artistic value. Permits authorization for the interception of wire or oral communications in the investigation of such offenses.
United States · United States Congress · 21 July 1983
Railroad Retirement Solvency Act of 1983 - Title I: Benefit Adjustments - Amends the Railroad Retirement Act of 1974 to make certain disabled railroad employees eligible for disability insurance benefits under the Social Security Act. Sets forth formulas for determining annuities for certain individuals who retire before the age of 62. Sets forth the annuity formulas for spouses of such individuals and spouses of disabled employees. Makes such annuities comparable to benefits payable under the Social Security Act. Revises the computation of railroad annuities with respect to cost-of-living adjustments made under the Social Security Act. Changes annuity beginning dates to conform to such dates under such Act. Eliminates post-secondary school students from eligibility for survivors' annuities. Requires the Board to prepare annually five-year projections of the retirement system, and, if necessary, to include the tax rate increase needed to assure solvency during such five-year period. Revises annuity eligibility requirements to conform to such provisions under the Social Security Act. Provides for the annualization of benefits for employees who perform service in less than 12 months in a calendar year. Title II: Revenue Provisions - Railroad Retirement Revenue Act of 1983 - Amends the Internal Revenue Code to increase the tier II tax on railroad employees, employers, and employee representatives and to provide for annualization of tier I and tier II wage bases. Requires that all benefits provided under the Railroad Retirement Act of 1974 (other than tier I retirement benefits) be taxed as benefits received under employer plans. Requires, effective January 1, 1986, all railroad employers to deposit railroad retirement employment taxes on the same schedule that applies to nonrailroad employers for the deposit of social security and income taxes. Establishes a railroad unemployment repayment tax for rail employers from July 1, 1986, until October 30, 1990, for the repayment of loans from the Railroad Retirement Account made to the Railroad Unemployment Insurance Account. Makes sick pay under the Railroad Unemployment Insurance Act taxable as gross income, unless such pay is the result of an on-the-job injury. Title III: Borrowing Authority Adjustments - Directs the Secretary of the Treasury to transfer to the Railroad Retirement Account from the general fund such amounts as determined necessary by the Railroad Retirement Board after the end of each month beginning in October, 1983. Amends the Railroad Unemployment Insurance Act to terminate the authority of the railroad unemployment insurance account to borrow from the Railroad Retirement Account on September 30, 1985. Title IV: Other Benefit-Related Amendments - Changes the maximum percentage of amounts that may be transferred from the Railroad Retirement Account to the Dual Benefits Payments Account to such amount as determined necessary by the Board to pay dual benefits for a particular month. Provides for the transfer of amounts owed to the Railroad Retirement Account for unfunded dual benefits previously paid. Amends the Railroad Unemployment Insurance Act to increase the monthly wage base on which railroad employers pay taxes for unemployment compensation. Increases the earnings requirement for railroad employees to qualify for unemployment compensation. Increases the waiting period for the payment of unemployment benefits during any strike from seven days to 14 days, including employees not participating in an illegal strike. Amends the Railroad Retirement Act of 1974 to conform surviving parents benefits to such provisions under the Social Security Act. Eliminates the deduction for military disability compensation from railroad annuities. Requires the Railroad Retirement Board, whenever it submits budget requests or other specified information to the President or Office of Management and Budget, to concurrently submit such information to Congress. Provides a procedure for the return to the Treasury of amounts attributable to benefit checks that remain unnegotiated six months after issuance. Provides for an inspector general for the Railroad Retirement Board. Title V: Other Amendments - Establishes the Social Security Equivalent Benefit Account for the deposit of all social security equivalent revenues and for the payment of all social security equivalent benefits. Requires the Railroad Retirement Board to annually submit to Congress a report on the actuarial status of the railroad retirement system under various economic and employment assumptions and to include recommendations deemed appropriate. Amends the Railroad Unemployment Insurance Act to increase the monthly wage base for railroad unemployment insurance from $400 to $600 effective after December 31, 1983. Directs representatives of railroad labor and management to jointly establish the Railroad Unemployment Compensation Committee to review all aspects of the unemployment and sickness insurance system provided by the Railroad Unemployment Insurance Act. Requires the Committee to report to Congress by April 1, 1984, on the results of such review and on the repayment of funds borrowed by such system from the Railroad Retirement Account.
United States · United States Congress · 20 July 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Margaret Truman Daniel, daughter of Harry S. Truman, in recognition of the lifetime of outstanding public service he gave to the United States. Commemorates his one hundredth birthday which will be celebrated on May 8, 1984. Authorizes appropriations.
United States · United States Congress · 20 July 1983
Amends title XVIII (Medicare) of the Social Security Act to provide that nursing care and home health aid services may be provided on a daily basis as home health services for up to 90 days with monthly physician certification of the need for such services, and after the 90 day period, on a physician certification of exceptional circumstances. Limits to 20 the number of home health service visits covered under Medicare in the case of individuals who were furnished certain home health services but continue to need nursing care or the services of a home health aide.