United States · United States Congress · 17 March 1983
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to require the Secretary of Health and Human Services to assure that administrative law judges engaged in reviewing disability determinations are permitted to perform their functions without interference from the Department of Health and Human Services. Requires the Secretary to guarantee that such judges are not rated or evaluated on the basis of the number of cases which they decide in favor of or against the claimant.
United States · United States Congress · 17 March 1983
Decreases from 60 to 20 percent disabling, the degree of deafness a veteran suffering from service-connected total blindess must be rated to qualify for additional disability compensation.
United States · United States Congress · 16 March 1983
Natural Gas Consumer Relief Act - Title I: Contracting and Marketing Practices - Amends the Natural Gas Policy Act of 1978 to declare a take-or-pay clause of a pipeline contract to be against public policy and unenforceable for a three-year period: (1) to the extent that it requires a pipeline to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the pipeline has contracted to take; or (2) if such clause does not entitle a pipeline which makes a payment under such clause to take delivery of the gas during the one year period beginning on the date of payments. Defines "take-or-pay clause" to mean any contract provision which requires payment for the minimum quantity of natural gas contracted for under the contract in the event the pipeline fails to take delivery. Permits a pipeline, in the case of a contract for the first sale of natural gas, to: (1) request the seller to renegotiate the contract; and (2) indicate that, if there is no renegotiation within 30 days of the request, the pipeline will exercise its market-out-option. Permits a pipeline exercising its market out option to refuse delivery without incurring an obligation to pay for any amount of natural gas contracted for if the pipeline in its sole discretion determines that it could not market the gas. Declares any indefinite price escalator clause applicable to the first sale of natural gas to be against public policy and unenforceable. Defines "indefinite price escalator clause" as any provision of any contract which provides for the establishment or adjustment of the price for natural gas delivered by reference to prices for natural gas, crude oil, or any other commodity. Prohibits a pipeline from passing through its costs if the Federal Energy Regulatory Commission (FERC) determines that the pipeline has failed to adopt practices minimizing amounts paid to purchase natural gas. Declares any minimum commodity beill requirement applicable to any sale of natural gas by any interstate or intrastate pipeline to be against public policy and unenforceable: (1) to the extent it requires the purchaser to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the purchaser has contracted to take; or (2) if such requirement does not entitle a purchaser who makes a payment under such requirement to take delivery of the natural gas involved subsequent to the date of payment provided under the requirement. Directs FERC to order an interstate pipeline, upon application by a producer of natural gas or by a purchaser of natural gas from a producer, to carry natural gas, for a just and reasonable consideration, between the producer and purchaser if FERC finds that: (1) the pipeline has available capacity; (2) no undue burden would be placed upon such pipeline by reason of the order; (3) construction of new facilities would not be required; and (4) the order would not impair the ability of the pipeline to render adequate service to its other customers. Directs FERC to complete a rulemaking proceeding to issue standards for interstate pipeline tariffs. Directs FERC to require, by rule, a first-sale purchaser of natural gas to file a copy of the contract with FERC. Title II: Wellhead Price Provisions - Revises ceiling price provisions for natural gas. Provides that the ceiling price for categories other than high-cost gas shall be the January 1982 ceiling price multiplied by the monthly equivalent of the modified price adjustment factor. Defines the "modified price adjustment factor" for any month as the lower of: (1) 75 percent of the quarterly percent change in the GNP implicit price deflator (as defined in the Natural Gas Policy Act of 1978); or (2) the percent change in the energy index, computed and published as an annual rate by the Department of Labor, for the most recent month for which such percent change has been so published at least eight days before the beginning of the month for which the modified price adjustment factor is being calculated. Provides that for high-cost gas the maximum lawful price for any first sale shall be 150 percent of the maximum lawful price for categories of gas other than high-cost gas. Provides for an adjusted ceiling price for wells drilled on or after January 1, 1982, and before enactment. Repeals provisions permitting increases in the ceiling price of certain categories of natural gas if just and reasonable. Provides, as a general rule, that the maximum lawful price applies with respect to the recovery of all costs and profits associated with production and first-sale delivery of marketable natural gas. Prohibits the importation of natural gas if the first sale price in the United States of the gas exceeds 150 percent of the maximum lawful price for domestically produced gas. Directs the President to submit to Congress a report on the status of negotiations with Canada regarding modification of the border price for natural gas imported from Canada. Extends price controls and standby authority for two years beyond their present expiration dates.
United States · United States Congress · 16 March 1983
Challenge Grant Amendments of 1983 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a program of making endowment grants to developing institutions which establish eligibility under the challenge grant program and which are current or past recipients of assistance under title III (Institutional Aid) of such Act. Sets forth requirements for endowment program agreements and the use of funds. Amends the Omnibus Education Reconciliation Act of 1981 to increase the total amount which may be appropriated for FY 1984 to carry out title III (Institutional Aid) of the Higher Education Act of 1965.
United States · United States Congress · 16 March 1983
Follow Through Amendments of 1983 - Amends the Economic Opportunity Act of 1964 to reenact Follow Through programs (as the Follow Through Act) with certain technical amendments. Authorizes appropriations for such programs for FY 1984 and 1985. Requires (currently authorizes) the Secretary of Education to: (1) provide financial assistance for research, demonstration, or pilot projects designed to develop new methods of overcoming the special problems of primarily low-income children in continuing to develop to their full potential in kindergarten and the primary grades; and (2) provide technical assistance for Follow Through programs and training for program personnel. Directs the Secretary to: (1) provide for an analysis of all previous evaluations of Follow Through programs; (2) include in the next evaluative report of such programs an analysis of their impact on preschool-elementary school linkage efforts and their effectiveness in narrowing the gap in successful educational performance between children from low-income families and other children; and (3) submit such report to the President and Congress by April 30, 1985. Establishes a National Commission on Follow Through Education. Directs the Council to: (1) review all research, demonstration, and pilot projects conducted under Follow Through programs; (2) determine the most effective approaches developed through such programs that are conducive to replication on a national basis; (3) recommend Federal, State, and local actions necessary to facilitate the replication of such approaches; and (4) report to the President and Congress by April 30, 1985, on its activities and recommendations. Terminates the Commission on September 30, 1985. Authorizes appropriations. Repeals provisions of the Omnibus Budget Reconciliation Act of 1981 relating to the Follow Through program.
United States · United States Congress · 16 March 1983
Homesteading Act of 1983 - Amends the Housing and Community Development Act of 1974 to revise the urban homesteading program. Discontinues participation by a State or State-designated agency in such program. Authorizes the Secretary of Housing and Urban Development to: (1) donate property improved by a one-to four-family residence to a local government or a public agency designated by such government for use exclusively in a single-family homesteading program; (2) convey property suitable for a multifamily homesteading program to such government or agency for negotiated consideration; and (3) provide funds to such government or agency for the acquisition of property for use in a single-family or multifamily program. Requires that a single-family homesteading program provide for: (1) the initial conveyance of property by the government or agency without substantial consideration to a family of low or moderate income (income not exceeding 80 percent of the area median income) upon condition that the family agrees to repair all dangerous defects in the property within one year; (2) the conveyance of such property to such family without substantial consideration after such defects are repaired if the family agrees to occupy the property for at least five years and to make the improvements necessary to meet local housing standards within three years after the initial conveyance; (3) an equitable procedure for selecting property recipients that excludes current homeowners, considers the capacity of the applicant to contribute labor or obtain other assistance, and gives a priority to applicants who pay more than 30 percent of their income for substandard housing and who have little prospect for obtaining improved housing otherwise; and (4) the provision of technical and rehabilitation assistance to property recipients. Requires that a multifamily homesteading program provide for: (1) primarily residential use of all homestead properties following conversion or rehabilitation; (2) 75 percent occupancy by low-or moderate-income families; (3) cooperative ownership; (4) the exclusion of entities operated for profit as the first owners of converted or rehabilitated properties; (4) the contribution of labor by the occupants; (5) technical and rehabilitation assistance; and (6) minimal displacement of prior occupants. Authorizes the Secretary to make grants to a local government or agency for the provision of rehabilitation assistance for homestead property recipients. Requires that at least 75 percent of such assistance be allocated to aid families of very low income (income not exceeding 50 percent of the area median income). Lists the criteria to be used by the Secretary in selecting projects to receive homesteading assistance. Requires the Secretary of Agriculture, as well as the Administrator of Veterans Affairs and the Secretary of Housing and Urban Development to comply with the request of a local government or agency of an area for a listing of the vacant residential properties in that area to which the Secretary holds title. Requires that such listings be accessible to the public. Requires the annual report of the Secretary of Housing and Urban Development to Congress to include an assessment of the extent of which homesteading programs consider the housing need and income of homestead applicants and an estimate of the median income of homestead recipients during the year. Authorizes appropriations for the urban homesteading program for FY 1984.
United States · United States Congress · 16 March 1983
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide coverage for outpatient occupational therapy services.
United States · United States Congress · 16 March 1983
Amends the Internal Revenue Code to repeal the highway use tax on heavy trucks. Increases the excise tax on diesel fuel from nine cents per gallon to 12 cents per gallon in 1983 and from 12 cents per gallon to 14 cents per gallon in 1984. Requires the Secretary of the Treasury to prescribe regulations exempting from such increases diesel fuel used in automobiles and light trucks.
United States · United States Congress · 16 March 1983
Declares the findings of the Congress that States should: (1) evaluate teacher training and performance requirements; (2) compare teacher recruitment, selection, training, certification, and licensing in other States; (3) establish commissions on teacher excellence; and (4) recommend to the President and the Congress ways in which public school instruction could be assisted by research, evaluation, new policy initiatives, and changes in existing Federal laws.
United States · United States Congress · 16 March 1983
States that the Government should restore balance to the Department of Energy's FY 1984 budget by maintaining funding for energy conservation, solar and renewable energy, and weatherization programs and by distributing information on conservation and renewable and solar energy.
United States · United States Congress · 16 March 1983
Recommends levels of Federal revenues of $691,300,000,000 for FY 1984, $765,900,000,000 for FY 1985, and $842,600,000,000 for FY 1986. Sets the amount by which the aggregate levels of Federal revenues should be increased at $38,000,000,000 for FY 1984, $51,000,000,000 for FY 1985, and $74,400,000,000 for FY 1986. Sets appropriate levels of total new budget authority at $915,800,000,000 for FY 1984, $942,000,000,000 for FY 1985, and $987,900,000,000 for FY 1986. States that the appropriate levels of total budget outlays are $859,800,000,000 for FY 1984, $897,400,000,000 for FY 1985, and $935,800,000,000 for FY 1986. Sets the appropriate amount of deficits in the budget at $168,500,000,000 for FY 1984, $131,500,000,000 for FY 1985, and $93,200,000,000 for FY 1986. States that the appropriate levels of public debt are $1,551,000,000,000 for FY 1984, $1,712,000,000,000 for FY 1985, and $1,832,000,000,000 for FY 1986. Sets the amounts by which the temporary statutory limits on such debt should accordingly be increased at $261,000,000,000 for FY 1984, $422,000,000,000 for FY 1985, and $542,000,000,000 for FY 1986. Sets forth appropriate levels of budget authority, and budget outlays for FY 1984 through and inclusive of FY 1986 for each major functional category.
United States · United States Congress · 15 March 1983
Private Pension Reform Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of any such participant who dies before the annuity starting date in an amount not less than the amount that would have been provided if the participant had survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date and who survives the participant as if such individual were the spouse of the participant on the date of death of the participant whether or not divorced after the annuity starting date. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave.
United States · United States Congress · 14 March 1983
Economic Equity Act of 1983 - Title I: Tax and Retirement Matters - Amends the Internal Revenue Code to provide that the maximum deduction for contributions to an individual retirement plan: (1) shall be computed separately for each individual who is married; and (2) in the case of a married individual who has no compensation or less compensation than that of the spouse, shall be determined as if such compensation were the same as that of the individual's spouse. Treats alimony as compensation for purposes of determining an individual's income tax deduction for retirement savings. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of a participant who dies before the annuity starting date in an amount not less than the amount that would have been provided if the participant had survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date and who survives the participant as if such individual were the spouse of the participant on the date of death of the participant whether or not divorced after the annuity starting date. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave. Entitles former spouses of civil service employees or Members of Congress, who were married to an employee or Member for at least ten years during creditable service, to an annuity based upon a portion of retired or retainer pay unless otherwise provided by a spousal agreement or a state court decree of divorce or annulment. Entitles former spouses to survivor's benefits under the civil service plan unless the former spouse remarries before becoming 60 years of age or the employee or Member and former spouse elect to waive such benefit. Requires that such waiver be jointly made in writing. Includes displaced homemakers as a targeted group for purposes of the targeted jobs tax credit. Defines "displaced homemaker" as a person who: (1) has not worked, except in the home, for a substantial number of years; (2) has been dependent on public assistance or on the income of a family member but is no longer supported by that income; and (3) is a member of an economically disadvantaged family and is experiencing difficulty obtaining or upgrading employment. Increases the zero bracket amount for heads of households from $2,300 to $3,400. Title II: Dependent Care Program - Increases the income tax credit for household and dependent care services from a maximum of 30 percent of amounts paid to a maximum of 50 percent of amounts paid. Reduces such percentage to a minimum of 20 percent based on the taxpayer's adjusted gross income. Makes such income tax credit refundable. Treats as tax-exempt organizations certain organizations which provide nonresidential dependent care to the general public. Requires the Secretary of Health and Human Services (through the Commissioner of the Administration of Children, Youth, and Families) to establish a grant program to assist nonprofit organizations in the establishment or operation of community-based child care information. Title III: Nondiscrimination in Insurance - Nondiscrimination in Insurance Act of 1983 - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Grants to State or local governments having insurance discrimination laws the primary opportunity to enforce this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer, if a State or local authority: (1) has received notice of a complaint and fails to act within 60 days; or (2) has no insurance discrimination laws. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Title IV: Regulatory Reform and Sex Neutrality - Requires the head of each Federal agency to: (1) conduct an ongoing review of the rules, regulations, programs, and policies of the agency to identify any which result in different treatment based on sex; and (2) submit annually a report to the Congress on such review. Sets forth rules of statutory construction relating to gender. Title V: Child Support Enforcement - Amends the Social Security Act to specify that the purpose of the child support enforcement program is to assure compliance with obligations to pay child support to each child in the United States living with one parent. Allows offsets of income tax refunds of an absent parent on behalf of children not receiving Aid to Families with Dependent Children. (Present law permits such offsets only in the case of children receiving AFDC payments.) Requires States to establish a child support clearinghouse through which child support payments can be paid, recorded, and forwarded. Revises State child support enforcement procedures. Allows allotments for child and spousal support to be taken from the pay of Federal employees.
United States · United States Congress · 14 March 1983
Little Hoover Commission - Establishes the Commission on the Centennial Review of the Civil Service. Directs the Commission to study the history and development of the civil service system over the last 100 years and to recommend methods for continuing or improving its performance. Requires the Commission to consider the retirement and disability system, employee pay and benefits, personnel practices, and labor-management relations under the civil service system. Requires the Commission to submit a final report containing its findings, conclusions, and recommendations for legislation or administrative action to the President and Congress within the first ten days of the Ninety-nineth Congress. Directs the President, within 90 days after receiving the report, to transmit to Congress an evaluation of the report's findings and conclusions together with any recommendations for modifying the proposed legislation. Terminates the Commission 90 days after it submits such report. Authorizes appropriations.
United States · United States Congress · 14 March 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 $10,000 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 $10,000. Limits such credit to taxpayers with an adjusted gross income of less than $50,000. 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 75 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 · 14 March 1983
In-Flight Medical Emergencies Act - Directs the Administrator of the Federal Aviation Administration to issue final rules requiring passenger-carrying aircraft of 30 seats or more to carry medical supplies, drugs, and equipment for the temporary treatment of in-flight emergencies. Provides relief from State or Federal civil liability for any licensed medical personnel or air carrier employee who renders emergency medical aid on an airplane or who continues such aid until arrival at a medical facility. Extends such relief to an airplane's crew and owner or operator for providing on-board emergency medical supplies.
United States · United States Congress · 10 March 1983
Air Travelers Security Act of 1983 - Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 10 March 1983
Prohibits the Secretary of the Interior, with respect to specified submerged areas located in the Pacific Ocean off the California coastline and in the Atlantic Ocean off the Massachusetts coastline, from: (1) issuing any oil and gas lease; (2) granting any license or permit for any activity which both affects the areas and involves drilling for oil and gas; and (3) approving any exploration plan or any development and production plan which provides for such activities. Terminates the provisions of this Act of January 1, 2000.
United States · United States Congress · 9 March 1983
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.
United States · United States Congress · 9 March 1983
Medical Facility Dependent Care Act of 1983 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants and provide technical assistance to medical facilities for dependent care services. Gives priority to those facilities that provide: (1) dependent care 24 hours a day, seven days a week; or (2) care for infant dependents (aged three and under). States that: (1) the Federal share of such costs shall be 75 percent; and (2) the non-Federal share may be provided in cash or services and equipment. Authorizes grants to medical facilities to establish dependent care information clearinghouses and referral networks. Authorizes appropriations for FY 1984 through FY 1986.
United States · United States Congress · 8 March 1983
Vietnam Veterans Agent Orange Relief Act - Establishes a presumption of service-connected disability for veterans exposed to herbicides during service in Southeast Asia during the Vietnam era who suffer from specified diseases which may be caused by exposure to such herbicides, developed to a ten percent degree of disability. Permits the Administrator of Veterans Affairs to determine what other diseases may be due to exposure to herbicides, chemicals, or environmental hazards. Directs the Administrator to promulgate regulations within one year of enactment incorporating such determinations and setting forth the standards used to reach them.
United States · United States Congress · 8 March 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 7 March 1983
Skilled Enlisted Reserve Training Act - Directs the Secretary of each military department to establish a skilled enlisted reserve training program to obtain adequate numbers of enlisted members with critical technical skills. Permits each Secretary to enter into agreements with a qualified person under which the Secretary agrees to provide educational assistance in a technical field in exchange for that person's agreement to perform either three or more years of active or six or more years of reserve service in the armed forces. Permits the Secretary to pay up to 100 percent of educational expenses and a monthly stipend. Sets forth eligibility requirements. Requires accepted members to complete basic training before beginning technical training. Sets forth the penalties for noncompletion of training, including possible reimbursement of educational assistance. Requires the Secretary concerned to approve the courses and educational institution before entering an agreement with a member. Permits the Secretary to provide assistance to educational institutions providing courses of training. Permits the Secretary to detail members for instructional and administrative duties at such institutions. Directs the President to make an annual report to Congress concerning such program. Authorizes appropriations.
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
Amends the Internal Revenue Code to treat research and experimental expenses attributable to activities conducted in the United States as allocable to sources of income within the United States.
United States · United States Congress · 3 March 1983
World War I Veterans Service Pension Act - Directs the Administrator of Veterans Affairs to pay (in addition to any pension already paid) a monthly pension of $150 to each veteran of World War I who meets specified service requirements and to certain surviving spouses.
United States · United States Congress · 3 March 1983
Amends the Export Administration Act of 1979 to reinstate certain export controls for one year. Authorizes the President to extend such controls. Prohibits recission of a determination that a country is supporting international terrorism, unless the President submits a report to Congress justifying such recission and certifying that such a country has not supported international terrorism for the preceding 12-month period.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Sakharov Day.
United States · United States Congress · 2 March 1983
Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and articles of fur from animals that were caught in such traps. Sets forth penalties for violations of this Act.
United States · United States Congress · 2 March 1983
Elementary School Guidance and Counseling Incentive Act - Amends the Elementary and Secondary Education Act of 1965 to authorize appropriations: (1) for FY 1984 through 1988 for comprehensive elementary school guidance and counseling programs, supplemental grants to States for such programs and research and demonstration programs; (2) through FY 1988 for employment of one new and/or additional elementary guidance counselor per school district, evaluation of programs, and in-service counselor training; and (3) for teacher and counselor centers. Provides formulas, based on the population of elementary school children, for determining allotments to States for such programs. Directs the Assistant Secretary of Elementary/Secondary Education to administer State allotments and State plans through the Office of Guidance and Counseling of the Department of Education. Requires that each State, to be eligible for such allotments, submit to the Assistant Secretary a State plan for providing comprehensive elementary school guidance and counseling programs for a five-year period, with necessary annual revisions, which meets such criteria as the Assistant Secretary may by regulation prescribe. Sets forth required provisions of such plans and programs. Provides for appeal by a State of a final action of the Assistant Secretary to a circuit court of appeals. Authorizes the Assistant Secretary, through the Office of Guidance and Counseling, to make supplemental grants to States with approved plans for distribution to local educational agencies and for support of State agency leadership activities on the basis of statewide needs and priorities in elementary school guidance and counseling. Sets forth approved uses of such grants. Directs the Assistant Secretary to carry out a research and demonstration program relating to elementary and secondary school guidance and counseling. Directs the Assistant Secretary to make an annual evaluation report to the appropriate congressional committees. Amends the Higher Education Act of 1965 to include training for counselors under the teacher centers program. Provides for a program of in-service training for elementary school guidance counselors. Requires the designation of professionally trained counselors: (1) at the Federal level, to provide information on, and to administer, such programs; and (2) at the State, local school district, and intermediate administrative unit levels, to supervise such programs.
United States · United States Congress · 2 March 1983
Title I: Consumer Credit - Consumer Debtor Bankruptcy Amendments Act of 1983 - Amends the Bankruptcy Code to permit a bankruptcy court to dismiss a case or suspend all proceedings if it determines that a debtor whose debts are primarily consumer debts does not need the provisions of the chapter under which relief has been sought and the granting of relief under such chapter would be a substantial abuse of its provisions. Requires the Clerk of each Federal judicial district to compile statistics regarding debtors where debts are primarily consumer debts. Requires the bankruptcy judge to convene, and permits such judge to preside at, any meeting of creditors and to perform such additional judicial duties as may be required. Declares that the value of the creditor's interest in the estate's interest in consumer goods property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan effecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Permits the court to utilize other methods of valuation if no such market exists or if the court determines that resale value is inappropriate in light of the property's proposed use or disposition. Requires the debtor in bankruptcy cases to file a statement of estimated income and expenses for the year following filing of his petition. Requires the debtor, if the schedule of assets and liabilities include consumer debts secured by property of the estate, to file and serve upon each creditor holding such security and upon the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Requires that the notice of meeting of the creditors be accompanied by a copy of the statement of estimated income and expenses and that the debtor supply the clerk of the court, upon the filing of the petition, with enough copies of such statement to accommodate the listed creditors. Requires individuals filing for bankruptcy in joint or consolidated cases to elect either the Federal or State exemptions. Places an aggregate limit of $3,000 on the value of the exemption with regard to household goods and personal effects. Prohibits the debtor from utilizing the unused dollar value of the homestead exemption to exempt additional property not explicitly provided for by such Act. Repeals the provisions of such Act which currently authorize the debtor to avoid nonpurchase money security interest in property. Presumes nondischargeable any debt incurred on or within 40 days before the date of the filing of a petition under such title. Allows for rebuttal of such presumption. Allows creditors to enforce liens which have not been avoided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge and of any reaffirmation of debt. Prohibits the custodian from being an assignee under a general assignment for the benefit of the debtor's creditors that was appointed or took possession more than 120 days before the date of the filing of the petition. Permits the trustee or the court, however, to require such an assignee to file an accounting. Limits the trustee's power to avoid liens or recover payments made within 90 days of the filing of the petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified household goods and tools of the debtor's trade. Permits the court, upon notice and hearing, to avoid any lien in whole or in part, if the court finds;: (1) that the debtor has no reasonable ability to pay the redemption value of such property out of anticipated future income; and (2) the enforcement of such lien would impose undue hardship on the debtor. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence within thirty days after the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of codebtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where a reasonable portion of unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan, but was prevented from so doing by unforeseen circumstances. Title II: Agricultural Produce - Agricultural Produce Bailment Bankruptcy Amendments Act of 1983 - Requires bankruptcy courts to give priority to allowed unsecured claims of farmers arising from the sale or conversion of farm produce to or by a debtor who operates a farm produce storage facility. Specifies that such sale or conversion must have occurred within 180 days before the filing of the petition or before the cessation of the debtor's business, whichever occurs first. Limits the payment of any such claim to $2,000 per individual. Permits a bankruptcy court to expedite the procedures for determining interests in and the disposition of grain and proceeds held by debtors who own or operate grain storage facilities. Requires the court to expedite such procedures if requested by a trustee or a claimant. Sets forth factors for the court to consider before deciding whether to shorten the time periods for procedures. Lists the procedures which may be expedited. Specifies administration details. Title III: Miscellaneous - Declares that if any provision of this Act or the application thereof to any person or circumstances is held invalid the provisions of every other part and their application shall not be affected thereby. Makes the provisions of this Act effective 90 days after enactment. Declares that the amendments made by this Act shall not apply to cases pending before the date of enactment.
United States · United States Congress · 2 March 1983
Small Business Motor Fuel Marketer Preservation Act - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make loans to small businesses acquiring gas stations from a refiner. Makes it unlawful for a refiner, other than an independent or small refiner, to operate a gas station in the United States. Requires a refiner, in disposing of any interest in a station, to offer a right of first refusal to the dealer. Sets forth requirements governing such an offer. Makes it unlawful for any person to interfere in any way with the purchasing, selling, or storing of motor fuel by a dealer. Permits contracts requiring a dealer to purchase motor fuel exclusively from a particular refiner or distributor if such contract assures the dealer the right to purchase fuel elsewhere if the refiner or distributor does not have such fuel readily available. Makes it unlawful for any dealer at a station displaying a trademark or identifying symbol of a particular refiner to sell motor fuel not refined by such refiner without providing notice to purchasers. Requires each refiner within 90 days of enactment and annually thereafter to provide to the Federal Trade Commission (FTC) information regarding the number of barrels of crude oil produced and refined during the preceding year. Permits civil actions to be brought by the FTC or private parties against violators of this Act. Directs the FTC to prescribe regulations required by this Act.
United States · United States Congress · 2 March 1983
Expresses the sense of the House of Representatives that the proposed changes by the Office of Management and Budget to Circular A-122 that would prohibit Federal reimbursement of Government contractors and grantees for the cost of activities constituting political advocacy should be withdrawn permanently.
United States · United States Congress · 2 March 1983
Condemns the trial and conviction of Dr. Viktor Brailovsky by the Soviet Union. Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. concern and opposition to the internal exile of Dr. Brailovsky and to the Soviet Union's refusal to permit Dr. Brailovsky and his family to emigrate; (2) the Soviet Union should comply with various international agreements by reversing Dr. Brailovsky's conviction and by permitting him and his family to emigrate; and (3) the Soviet Union should cease persecuting individuals seeking to emigrate and should cease denying basic rights to Soviet Jews.
United States · United States Congress · 1 March 1983
Amends the National Labor Relations Act to authorize the Secretary of Labor to prohibit the awarding of Federal contracts to persons who have violated certain judicial orders or orders issued by the National Labor Relations Board. Limits the period of such ban to not more than three years after the Secretary has certified the identify of such person to the Comptroller General. Permits the awarding of Federal contracts to such person during the period of the ban if the Federal agency or department, after notice and opportunity for hearing to all interested parties, certifies to the Secretary that there is no other source for the material or services furnished by such person.
United States · United States Congress · 1 March 1983
Emergency Educational Facilities Repair and Renovation for Jobs Act - Title I: Elementary and Secondary Educational Facilities - Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds under this title to local educational agencies (LEAs) to employ unemployed individuals in maintenance, repair, renovation, and reconstruction of public school facilities. Requires States desiring to receive an allocation of such funds to submit a statement of assurances to the Secretary of Education concerning allocation of funds to LEAs and compliance with fiscal control and fund accounting procedures. Directs the Secretary to allocate one percent of such funds to specified U.S. territories and possessions and the remainder among the States and the District of Columbia on the basis of relative numbers of: (1) unemployed residents; (2) unemployed residents of areas of substantial unemployment (at least six and one-half percent for the most recent 12 months); (3) "excess" (number of unemployed individuals in excess of four and one-half percent of the civilian labor force either in the State or in areas of substantial unemployment) unemployed residents; and (4) low-income children. Prohibits the State educational agency (SEA) from reserving from the amount allocated to the State more than (1) one percent for administrative cost; and (2) four percent for special needs. Directs the SEA, from the remainder, to allocate: (1) three-fourths among counties on the basis of relative numbers of unemployed residents and within each county according to the fund distribution formula under specified provisions of the Education Consolidation and Improvement Act of 1981 (ECIA); and (2) one-fourth among the LEAs on the basis of such ECIA formula. Requires that at least 70 percent of the funds made available to any LEA under this title be used for salaries and wages and associated benefits for individuals employed directly or indirectly by the LEA in such public school facilities repair, renovation, or reconstruction programs. Requires that, to the maximum extent feasible, funds under this title be used for projects and activities for which on-site labor can begin within 90 days of receipt of such funds. Requires that such funds be used in accordance with State and local procedures for: (1) assisting SEAs and LEAs to conform their public school facilities with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with post-construction requirements of government environmental protection or health and safety programs; (2) public school facilities repair, renovation, and reconstruction; (3) conversion of presently unused structures into adult training centers; (4) energy efficiency remodeling or renovation; and (5) asbestos detection, removal, or containment in facilities used by students. Authorizes the Secretary, on request, to issue rulings to any SEAs or LEAs on the proper construction and application of this title. Title II: Reconstruction at Postsecondary Institutions and Renovation of Academic Facilities - Directs the Secretary to carry out programs of financial assistance to institutions of higher education and to higher education building agencies for the reconstruction or renovation of academic facilities and libraries if the primary purpose of such assistance is to enable such institutions to: (1) economize on the use of energy resources, with a priority for the use of coal, solar, and renewable resources; (2) conform their academic facilities and libraries with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with post-construction requirements of government environmental protection or health and safety programs; (3) reconstruct and renovate research facilities; and (4) detect, remove, or contain asbestos hazards in facilities used by students. Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds to States to employ unemployed individuals in maintenance, repair, renovation, and reconstruction of academic facilities at institutions of higher education. Sets forth annual State plan requirements for any State desiring to participate in the grant program under this title. Directs the Secretary to prescribe basic criteria for the consideration of State plans. Sets forth provisions for allocation of funds which are similar to those for title I of this Act (except that the factor of relative numbers of low- income children is replaced by relative numbers of students enrolled in institutions of higher education in each State). Sets forth provisions for use of funds and for the Secretary's authority which are similar to those for title I of this Act. Title III: Public Library Facilities - Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds for the repair, renovation, remodeling, and alteration of facilities for public libraries. Directs the Secretary to allot from such funds to each State the minimum allotment specified under certain provisions of the Library Services and Construction Act. Provides for the allocation of the remainder of such funds among the State on a similar basis as those for allocation under titles I and II of this Act (but without the factors of relative numbers of low-income children or college students). Sets forth provisions for use of funds which are similar to those under titles I and II of this Act, but requires that only 60 percent (rather than 70 percent) of such funds be used for salaries and wages of the individuals employed in maintenance, repair, renovation, or reconstruction. Directs State library administrative agencies, to the maximum extent feasible, to consider relative unemployment in each county in determining projects to be funded under this title. Directs the Secretary to administer this title under existing regulations for title II (Public Library Construction) of the Library Services and Construction Act, but may, on request, issue rulings to any State on issues concerning the proper construction and application of this title. Title IV: General Provisions - Sets forth nondiscrimination provisions and other general requirements. Prohibits the employment, in a subsidized wage position under this Act, of individuals who have voluntarily terminated without good cause, within the preceding six months, full-time employment at or exceeding the Federal minimum wage. Requires that individuals in employment subsidized under this Act be paid at either the highest of the federal minimum wage, the applicable State or local minimum wage, or the prevailing wage for employment in similar occupations by the same employer. Sets forth program labor standards relating to conditions of employment and training, health and safety standards, workers' compensation benefits, and job benefits and working conditions. Prohibits use of funds under this Act for contributions on behalf of any participant to retirement systems or plans. Prohibits displacement of any currently employed worker by participants in programs funded under this Act. Prohibits such programs from impairing existing contracts for services or collective bargaining agreements. Requires the written concurrence of the labor organization and the employer concerned before any such program which would be inconsistent with the terms of a collective bargaining agreement may be undertaken. Prohibits program participants from being employed or job openings being filled when: (1) any other individual is on layoff from the same or any substantially equivalent job; or (2) the employer has terminated the employment of any regular employee or otherwise reduced its work force with the intention of filling the vacancy by hiring a participant whose wages are subsidized under this Act. Prohibits creation of jobs in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. Requires recipients of funds under this Act to provide the Secretary with assurances that none of such funds will be used to assist, promote, or deter union organizing. Requires that an opportunity for comment be provided for any labor organization representing a substantial number of employees engaged in similar work or training in the same areas as that proposed to be funded under this Act. Applies the wage rate requirements of the Davis-Bacon Act to all laborers and mechanics employed by contractors or subcontractors in works federally assisted under this Act.
United States · United States Congress · 25 February 1983
Title I: Labor Standards - Requires any United States person who has or controls an enterprise in South Africa which employs more than 20 people to insure that in operating such enterprise the following employment principles are implemented: (1) desegregation in any employment facility; (2) equal employment for all employees; (3) equal pay for equal work; (4) establishment of a minimum wage and salary structure; (5) increase in the representation of nonwhites in managerial, supervisory, administrative, clerical, and technical jobs; (6) improvement of the quality of employees' lives outside the work environment; and (7) recognition of labor unions and fair labor practices. Declares that the Secretary may issue guidelines and give advisory opinions on compliance with such principles. Directs the Secretary of State to establish an Advisory Council in South Africa to advise the Secretary with respect to the implementation of such employment principles and to review the annual reports which each U.S. person covered by this Act must submit to the Secretary on the progress made in implementing such principles. Directs the Secretary to establish in the United States an American Advisory Council to make policy recommendations regarding labor practices of U.S. persons in South Africa and to review such persons' progress in implementing such employment practices. Directs the Secretary: (1) to take specified actions to insure compliance with the implementation of such employment principles; and (2) to review the compliance of such persons at least biennially. Sets forth penalties for noncompliance. Authorizes the President to waive compliance with the implementation of such principles if such compliance would harm U.S. national security. Title II: Prohibition on Loans and Importation of Gold Coins - Prohibits any U.S. financial or lending institution from making any loan directly or through a foreign subsidiary to South Africa unless such loan is for educational, housing or health facilities available to all persons on a nondiscriminatory basis. Prohibits the importation of any gold coin minted in South Africa or sold by South Africa. Directs the Secretary to take specified actions to enforce the prohibitions on loans and the importation of gold coins. Sets forth penalties for violations of such prohibitions. Authorizes the President to waive such prohibitions for one year if South Africa meets specified conditions. Title III: General Provisions - Directs Federal agencies to cooperate with the Secretary in carrying out provisions of this Act.