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
States that the United States, in negotiating an arms control agreement with the Soviet Union, should delay for six months the deployment of Pershing II and cruise missiles in Europe if the Soviet Union agrees to negotiate for specified mutual nondeployment and reductions of nuclear force missiles in Europe. Suggests that the United States and the Soviet Union should work with their respective allies to achieve a multilateral agreement on a reduction and a ban on nuclear weapon systems. Urges that the negotiations in Geneva on Soviet-American intermediate-range nuclear systems should be combined with the Strategic Arms Reduction negotiations with the objective of achieving a verifiable U.S.-Soviet freeze and reduction in the deployment of nuclear missiles and other delivery systems.
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 · 28 September 1983
Expresses the sense of the House of Representatives that the the President should request the resignation of the Secretary of the Interior, James Watt.
United States · United States Congress · 27 September 1983
National Archives and Records Administration Act of 1983 - Title I: Establishment of An Independent National Archives and Records Administration - Establishes the National Archives and Records Administration as an independent establishment in the executive branch to be directed by the Archivist of the United States. Requires the Archivist to be appointed by the President with the advice and consent of the Senate. Directs the Archivist to appoint a Deputy Archivist. Sets forth the administrative duties and authority of the Archivist. Requires the Archivist to submit to Congress an annual report concerning the administration of functions of the Archivist and the Administration. Transfers to the Administration and the Archivist the functions, duties, and authority of the General Services Administration (GSA) and its Administrator, respectively, concerning: (1) congressional printing and binding; (2) the Federal Register and the Code of Federal Regulations; (3) the distribution and sale of public documents; (4) archival administration; (5) presidential records; (6) the National Archives Trust Fund Board; (7) the National Historical Publications and Records Commission; (8) records management; (9) the disposal of records; (10) official territorial papers; (11) Indian records placed with the Oklahoma Historical Society; (12) public laws, Constitutional amendments, and the United States Statutes at Large; and (13) electoral credentials and certificates. Transfers to the Administration the National Archives and Records Service. Title II: Administrative Provisions - Limits the fee that the Archivist may charge for making or authenticating copies of materials to the amount necessary to recover actual costs. (Currently such fee may exceed such costs by up to ten percent.) Requires such fees to be deposited to the credit of the appropriation against which they are charged. (Currently such fees are paid into the National Archives Trust Fund.) Requires the National Archives Trust Fund Board to use the services and personnel of the Administration to assist the Board in performing its functions. (Currently the Board may appoint necessary employees.) Directs the Board to submit to Congress an annual report on its operations and on the moneys, securities, and personal property received and held by it. Authorizes the Board to authorize the transfer of funds to the Administration to be expended on an archival or records activity approved by the Board or to accomplish the purpose of a gift or bequest. Prohibits expenditures for purposes for which appropriated funds could not be expended, unless required by the instrument of gift or bequest. Permits the Board to solicit gifts or bequests. Requires that moneys received for the Fund be deposited within five working days. Allows disbursements from the Fund only for activities approved by the Board, including the publication of special works and the release of historical photographs and recordings. Authorizes the Archivist to sell such publications and releases at a price which will cover their cost (currently, cost plus ten percent). Authorizes the Archivist to initiate action for the recovery of agency records unlawfully removed or for other legal redress against persons who remove or destroy agency records if the agency fails to take such action within a reasonable period of time after being informed of its necessity by the Archivist. Directs the Archivist to report any such agency failure to the appropriate committees of Congress. Directs the Archivist to establish detailed criteria for determining whether material should be classified as agency records. Grants the Archivist access to any material made or received by an agency to determine whether the agency is in compliance with regulations governing records disposal. Permits the Archivist to authorize an agency to dispose of records only after publishing notice of, and providing an opportunity for public comment on, such disposal.
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
Urges the President to: (1) use every diplomatic and political tool to ensure that those responsible for the death of Benigno Aquino are brought to justice; (2) cancel his trip to the Philippines; and (3) propose the convening of an impartial international tribunal to investigate the Aquino assassination. States that the Congress expects: (1) democracy to be restored to the Philippines; and (2) free elections to be held there in May 1984 with a free press and the full participation of the opposition parties. States that if the Marcos government refuses such tribrunal and elections, the United States should reevaluate its relations with the Marcos government, including the status of military and economic aid. Expresses congressional condolences to the Aquino family and the Filipino people.
United States · United States Congress · 4 August 1983
Technical Amendments to the Federal Court Improvements Act - Makes technical amendments to Federal law to: (1) require appellants to file in the Patent and Trademark Office a written notice of appeal directed to the Commissioner of Patents and Trademarks; (2) authorize the Commissioner to appear by his representative at an ex parte case in the United States Court of Appeals for the Federal Circuit; and (3) repeal the requirement that such appellate court confine its decision to the points set forth in the reasons of appeal. Permits persons who were serving as marshals for the Court of Appeals for the District of Columbia when the Federal Courts Improvement Act of 1982 was enacted to continue serving in that capacity.
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 · 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
Temporary Diversity Jurisdiction Reform Act of 1983 - Amends the judicial code to restrict Federal district court diversity of State citizenship jurisdiction to those cases where none of the plaintiffs is a citizen of the State in which the action is brought. Increases the amount in controversy required as a basis for Federal district court jurisdiction from $10,000 to $50,000. Revises venue requirements to permit the bringing of a civil action in the judicial district in which either: (1) a substantial part of the events occurred which prompted the action; or (2) a substantial part of the property involved is located. Prohibits removal by a defendant of specified civil actions from State court into Federal district court if the plaintiffs could not have brought such action in the district court. Directs the Judicial Conference of the United States to report to the Congress on the effects of this Act.
United States · United States Congress · 28 July 1983
Diversity Jurisdiction Reform Act of 1983 - Amends the judicial code to eliminate diversity of State citizenship as a basis for Federal district court jurisdiction. Increases the amount in controversy required as a basis for Federal district court jurisdiction from $10,000 to $50,000. Revises venue requirements to permit the bringing of a civil action in the judicial district in which either: (1) a substantial part of the events occurred which prompted the action; or (2) a substantial part of the property involved is located. Directs the Judicial Conference of the United States to report to the Congress on the effects of this Act.
United States · United States Congress · 28 July 1983
Amends the judicial code to increase from $10,000 to $100,000 the amount in controversy required for Federal diversity jurisdiction. Requires the district court in a diversity case to order the plaintiff to bring the action in a State court of proper jurisdiction in the State where the district court is located. Requires dismissal of the case if the plaintiff fails to do so. Allows the district court, in the interests of justice, to continue the original action, upon the motion of any party, if the State court does not dispose of the action within two years.
United States · United States Congress · 28 July 1983
Diversity Jurisdiction Reform and Multiparty Injury Jurisdiction Act of 1983 - Amends the judicial code to eliminate diversity of State citizenship as a basis for Federal district court jurisdiction. Increases the amount in controversy required as a basis for Federal district court jurisdiction from $10,000 to $25,000. Revises venue requirements to permit the bringing of a civil action in the judicial district in which either: (1) a substantial part of the events occurred which prompted the action; or (2) a substantial part of the property involved is located. Confers upon the district courts original jurisdiction over civil actions involving personal injury to or injury to the property of 25 or more people in sums exceeding $10,000 per person, where the adverse parties are citizens of different States. Outlines criteria for: (1) intervention as a plaintiff; and (2) removal of actions from State to district court. Provides for venue, service of process, and transfer of actions pending in several judicial districts.
United States · United States Congress · 28 July 1983
Allows an action to be brought in district court under Federal diversity jurisdiction only if the claim has been submitted to arbitration (under rules issued by the Judicial Conference of the United States) and either: (1) the claim has been disposed of through such arbitration; or (2) it has not been so disposed of within a year after submission, through no fault of the plaintiff. Amends the judicial code to increase the amount in controversy required for Federal diversity jurisdiction from $10,000 to $100,000. Suspends the statute of limitations on bringing court action for a specified period while the claim is in arbitration proceedings. Requires the district courts to hear anew actions previously submitted to arbitration. Requires parties who have received a substantially less favorable result from a court judgment than from arbitration to pay all costs and reasonable fees to the opposing party.
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 · 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
Universal Telephone Service Preservation Act of 1983 - Provides that, effective as of enactment of this Act, the decisions and orders of the Federal Communications Commission in C.C. docket numbered 78-72 shall cease to have effect. Amends the Communications Act of 1934 to direct the Commission to establish a system of charges to compensate exchange common carriers for exchange access, and to reform the system of settlements and jurisdictional separation of property and expenses in force on the date of enactment. States that the purposes of such system of charges shall be: (1) to compensate exchange common carriers for all costs associated with providing or making available exchange access; (2) to achieve equitable treatment of all interexchange carriers and other persons who benefit from the services and facilities of each exchange common carrier, and to prevent contributions between exchange services or functions and interexchange services or functions of such carriers, except as provided below; (3) to ensure the continued universal availability of communications service provided by exchange common carriers at reasonable and affordable charges; (4) to assure that payments and assignments of costs relating to exchange access are carried out in a manner which ensures accountability and is open to public examination; and (5) to encourage efficient investment decisions and technological development. Requires the system to provide that an exchange common carrier shall file to the Commission a tariff for exchange access for each of its exchange areas. Authorizes a carrier to file, or the Commission or State Commission may require a carrier to file, a joint tariff for exchange access for all of its exchange areas within a single State until January 1, 1988, or later as the Commission may provide. Requires each tariff to specify separate charges for each type of exchange access on an element-by-element basis. Requires the charges for each type of tariff to be justified by costs. Requires each tariff to consist of four charges to be recovered from interexchange carriers. Provides that three of the charges shall encompass all costs associated with exchange access and one shall be the surcharge determined by the Universal Service Board (established by this Act). Requires the charges of each tariff which encompass all costs associated with exchange access to specifically identify the separate charges involved. Requires the system to provide that an exchange common carrier shall submit to the Commission a tariff for exchange access available from such carrier for interexchange carriers or other persons who indirectly interconnect with the facilities of such exchange carrier. Requires each tariff to include: (1) a charge for the direct costs of any services, facilities, or other factors required solely for the provision of such interconnection; (2) a charge reflecting an appropriate portion of the cost of services, facilities, and other factors which are used jointly or in common to provide exchange service and exchange access; (3) a charge reflecting the availability of the facilities of the exchange carrier for exchange access as an alternative for indirectly interconnecting interexchange carriers and interexchange customers to the extent such facilities are not used for exchange access by such carriers and customers; and (4) the surcharge determined by the Universal Service Board. Requires any person who owns or operates facilities to originate or terminate interexchange communication other than through direct interconnection to notify the appropriate exchange carriers, the Commission, and the appropriate State Commissions. Imposes a $50,000 fine on any person who is required, but fails, to make such notification. Directs the Commission, after consideration of recommendations of the Universal Service Board, to establish practices and methods to ascertain and fully apportion the cost of services, facilities, and other factors used jointly or in common to provide exchange services and exchange access. Provides that the initial tariffs for exchange access shall take effect on July 1, 1985. Sets forth provisions governing the transitional period. Establishes the Universal Service Fund, in order to assure the continued availability of universal transmission services, including service in rural or remote areas, at reasonable and affordable charges. Directs the Universal Service Board to annually determine uniform surcharges on the amounts collected by exchange common carriers under this Act, such that the Fund is sufficient to make required payments. Provides that an exchange common carrier is entitled to receive payments from the Fund if it certifies to the Universal Service Board that its average costs for nontraffic sensitive facilities per customer access line is in excess of 115 percent of the national average of such costs. Provides that the amount of such payments for an eligible exchange carrier shall be determined by the Universal Service Board. Directs the Universal Service Board to establish and oversee an exchange access board (consisting of representatives of exchange common carriers, interexchange carriers, and other customers directly obtaining exchange access) to administer the accounts of the Universal Service Fund. Directs the Commission to establish the Universal Service Board for the purpose of: (1) ensuring equitable and efficient economic treatment of users of common carrier services and exchange services and carriers providing such services; (2) providing for an orderly transition to the system of charges for exchange access established by this Act; and (3) achieving cooperation between the Federal Government and the States. Directs the Board to: (1) establish and maintain formulas for defining and comparing national average costs and charges and uniform practices for determining the payments required by the Fund, and to oversee the distribution of funds from the Fund by the exchange access board; (2) make such changes and modifications in the system of jurisdictional separation of carrier property and expenses in force as may be necessary for the transitional system of charges for exchange access; and (3) determine at regular intervals the relative assignment by exchange common carriers of the cost of factors of production which are used jointly or in common to provide exchange service and exchange access. Grants State commissions authority: (1) to establish classifications for exchange facilities and the portion of facilities used jointly for exchange and interexchange services assigned to the States by the Board; and (2) to prescribe the methods by which exchange carriers shall recover investments in such facilities. Requires such methods to provide for recovery of investments in such classes of facilities in a manner which promotes the economic viability of the exchange carriers involved. Provides that in the case of any interexchange service provided by any carrier under a tariff in effect July 1, 1983, which was filed jointly with another carrier or under any successor tariff in effect after such date, the tariff applicable to such service provided by such carrier shall be based on the nationwide average of the cost of providing interexchange service. Authorizes a State commission to require any exchange common carrier to lease and maintain on request a single basic one-line telephone instrument, and associated wiring, to any subscriber within such State on the basis of a tariff that includes all costs of providing and maintaining such instrument and wiring. Requires each State commission to establish rules for the provision of lifeline telephone service by exchange carriers which consists of providing minimum telephone exchange service at a discounted rate for low-income residential customers. Prohibits any carrier or exchange carrier from using revenues from regulated communications services to defray any costs associated with its entry into or engaging in commercial activities the prices for which are not regulated by the Commission or any State commissions.
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 · 14 July 1983
Designates certain lands within the Chequamegon National Forest and the Headwaters Wilderness in the Nicolet National Forest in Wisconsin as components of the National Wilderness Preservation System. Provides that the RARE II (second roadless area review and evaluation) final environmental statement (dated January 1979) with respect to national forest system lands in Wisconsin shall not be subject to judicial review. Releases national forest system lands in Wisconsin which were reviewed in the RARE II program from further review by the Department of Agriculture, pending the revision of initial national forest management plans. Releases lands in Wisconsin reviewed in the RARE II program and not designated as wilderness from management as wilderness areas. Prohibits the Department of Agriculture from conducting any further statewide roadless area review and evaluation of national forest system lands in Wisconsin without express congressional authorization.
United States · United States Congress · 13 July 1983
Amends the Omnibus Budget Reconciliation Act of 1981 to remove the requirement under the food stamp program that all household income other than migrant worker household income be calculated on a retrospective basis. Amends the Food Stamp Act of 1977 to allow State agencies to shorten or lengthen household certification periods to improve program administration. Allows State agencies to calculate on a prospective basis the earned income of specified households. Provides for supplementing, at the option of a State agency, allotments of households that experience significant losses of income. Requires households subject to retrospective accounting to file periodic reports of household circumstances.
United States · United States Congress · 11 July 1983
Amends the Social Security Amendments of 1983 to exclude from coverage under the Old Age, Survivors and Disability Insurance program those individuals who, on December 31, 1983, are employees of nonprofit organizations which do not have in effect a certificate under the Internal Revenue Code which waives the exemption of their employees from the Old Age, Survivors and Disability Insurance program.
United States · United States Congress · 30 June 1983
Exchange for Understanding Act - Establishes the Soviet Union and Eastern Europe Exchange Fund in the Treasury. Authorizes appropriations for the Fund. Establishes the Soviet Union and Eastern Europe Exchange Commission. Requires the Commission to issue regulations, within 90 days, governing its operation and the use of Commission funds. Provides for Commission membership and for a Commission director and staff. Authorizes the Commission to hold hearings and to use the U.S. mails as do other U.S. agencies. Directs that interest on obligations held in the Fund be available for payments to the Commission for specified uses. Requires the Commission to use such funds to make grants to support exchanges between the United States and the Soviet Union and the countries of Eastern Europe. Sets forth the projects to which the Commission shall give priority. Grants the Commission the exclusive authority to determine the number and types of exchanges to be supported each year. Directs the Secretary of State to cooperate with the Commission to ensure that the exchanges are coordinated with the countries involved and to ensure that the participants receive appropriate briefings and information. Authorizes specified funds for the Commission's operating expenses. Requires the Secretary of the Treasury to invest that portion of the Fund not required for current withdrawals in specified U.S. obligations or U.S. guaranteed obligations. Authorizes the Secretary to sell obligations acquired by the Fund and to credit the Fund with any interest on and the proceeds from such sale. Requires the Commission to submit annual reports, describing the Commission's activities, to the President and to Congress. Requires the Commission to terminate October 1, 1994. Directs all investments to be liquidated and all remaining funds to be deposited in the Treasury upon termination.
United States · United States Congress · 30 June 1983
Community Renewal Employment Act - Title I: General Purpose and Authority - Declares the purpose of this Act to be the provision of employment opportunities to long-term unemployed individuals in high unemployment areas through payments for labor and related costs associated with the repair, maintenance, or rehabilitation of essential community and educational facilities and for public safety, health, social service, and other activities related to the public welfare. Authorizes appropriations to provide opportunities for unemployed individuals under this Act. Authorizes such appropriations in a specified amount for FY 1983. Limits the authorization of such appropriations in each succeeding fiscal year to an amount equal to the product of $10,000 multiplied by 20 percent of the number of "long-term unemployed individuals" (i.e. the average number of individuals in the civilian labor force who, in the first three months of the fiscal year for which the appropriation is to be made, had been unemployed for 15 or more weeks as determined by the Bureau of Labor Statistics on a seasonally adjusted basis). Provides that, for any fiscal year, 80 percent of such appropriations shall be available for purposes of title II (Community Renewal Employment Programs) and 20 percent shall be available for title III (Educational Facility Repair and Renovation Employment Activities). Makes individuals aged 16 or older eligible to participate in such program only if they are unemployed at the time of eligibility determination and for at least 15 of the 20 weeks prior to such determination, with specified exceptions. Limits wages for eligible individuals to 52 weeks in a two-year period. Requires that priority be given to those who have exhausted or who are otherwise not eligible for unemployment insurance benefits, particularly: (1) those who have been unemployed for the longest periods immediately preceding selection; and (2) those residing in families in which no other member is employed on a full-time basis. Requires that special consideration in selecting participants for employment under this Act in employment counseling and other services for veterans should be given to veterans who otherwise meet participant eligibility requirements. Allows up to ten percent of eligible participants selected by a recipient for subsidized employment from funds under this Act to be individuals unemployed for less than 15 weeks, if the State employment service agency determines that such individuals: (1) have been employed only intermittently or temporarily during 15 of the 20 weeks preceding certification and have experienced substantial periods of unemployment prior to and during such 15 weeks; (2) do not have established work histories which can be documented to provide verification of 15 weeks unemployment during the 20-week period; (3) are workers with skills necessary to fill nonmanagement positions on a particular project or activity; or (4) have recall rights under a formal agreement with the employer providing the subsidized job position. Makes the State employment service agency, in certifying eligible participants and referring them for employment to recipients under title II or III, responsible for ensuring equal employment opportunities and the full participation of traditionally underrepresented groups, including women and racial and ethnic minorities. Makes each recipient of funds under title II or III responsible for ensuring such opportunities and full participation in the selection of eligible participants for such employment. Permits, with specified exceptions, title II and III funds to be used only to provide wages and employment benefits to eligible participants for work which the recipient certifies has been performed in one or more authorized activities. Permits up to 25 percent of funds provided to a title II or III recipient to be used for the cost of administration (including supervision) and the acquisition of supplies, tools, and equipment. Permits payment of such costs from non-Federal sources or Federal sources other than this Act. Requires recipients, to the extent feasible, to ensure that supplies, tools, equipment, or other materials purchased or procured have been manufactured, mined, or produced in the United States. Permits title II funds to be used for costs associated with training and related support for a number of participants, if: (1) employers are committed to fill an equal number of unsubsidized jobs with participants who have successfullyy completed such training; (2) the recipient has an agreement with a qualified public or private nonprofit provider of such training services; and (3) costs of training and support do not exceed, on a weekly basis, the maximum wage payable with funds under this Act. Establishes a career preparation demonstration program. Authorizes appropriations for FY 1984 through 1987 for such program. Directs the Secretary of Labor, utilizing the Office of the Job Corps, to establish in each of the Federal regions four career preparation demonstration centers (equitably distributed between rural and urban areas) for combined written, audiovisual, and computer-based materials within the basic instructional format of the Job Corps to train eligible participants, primarily under provisions for high technology training centers and for youth trainee activities. Requires that such Centers: (1) be nonresidential; (2) provide specified types of training leading to employment or a high school diploma or its equivalent; (3) use materials, curricula, and methodologies developed successfully through Job Corps program experience; (4) establish easily accessible outreach training sites; and (5) use, to the extent feasible, facilities and expertise of existing Job Corps centers (including Civilian Conservation Centers) or contractors operating such centers. Provides that up to five of the Centers shall be designated high technology training centers for training combined with subsidized internship in the private sector for career preparation in high technology occupations including robotics, health technology, and computer operations. Limits payments for weekly costs of such subsidized internship to the maximum wage payable with funds under this Act. Title II: Community Renewal Employment Programs - Part A: Community Improvement Projects - Sets forth provisions for employment activities in community improvement projects. Requires that eligible participants be employed in community improvement projects, in one or more listed activities involving: (1) public facilities repair, rehabilitation, or improvement; (2) public lands conservation, rehabilitation, or improvement; or (3) public safety, health, social service, and other activities necessary to the public welfare. Provides that, for purposes of community improvement projects provisions, "project" means a definable task or group of related tasks which: (1) will be carried out by a government department, public agency, private nonprofit organization, or private contractor; (2) will be completed within 18 months; (3) is an authorized activity; (4) will result in a specific product or accomplishment; and (5) would not otherwise be conducted with existing funds. Permits projects which are to be carried out under provisions for public lands conservation, rehabilitation, and improvement to involve lands other than public or Indian lands only when such projects will provide a documented public benefit and when the recipient will be reimbursed for that portion of the total costs of the project which does not provide a public benefit. Makes eligible entities under title II: (1) States; (2) local governments with populations of 50,000 or more; (3) consortia of local governments; (4) existing concentrated employment program grantees serving rural areas under the Job Training Partnership Act; and (5) Native American Indian, Alaska Native, and Oklahoma Indian groups. Provides that States shall qualify as an eligible entity to serve any area of the State: (1) not under the jurisdiction of any other eligible entity; or (2) for which no eligible entity has filed a statement on the use of funds within 30 days of allotment of funds. Provides that larger units of local government shall not qualify as the eligible entity to serve any smaller unit which is, or is part of, an eligible entity which has filed a statement on use of funds. Sets forth provisions for allotment of title II funds (exclusive of the amount available for part C). Directs the Secretary to reserve two percent of such funds for allotment among Native American eligible entities. Directs the Secretary to allot the remainder among eligible entities on the basis of relative numbers of residents of each eligible entity who are: (1) unemployed individuals; (2) unemployed individuals in excess of six and one-half percent of the civilian labor force residing in each eligible entity; and (3) unemployed individuals in excess of the national average rate of unemployment. Directs the Governor to make the amount allotted to a State as an eligible entity available to areas of excessive unemployment. Directs the Secretary to notify eligible entities of their preliminary allotments within 15 days after the enactment of an appropriation. Sets forth requirements for receipt of an allotment by an eligible entity. Requires eligible entities within 30 days of receipt of notice, to submit statements which: (1) designate a fiscal agent for receipt of payments; (2) agree to use funds in accordance with this Act; and (3) agree to provide quarterly reports on such use. Directs the Secretary, within 30 days after the final day for submission of such statements, to make a final allotment. Sets forth a formula for determining a required minimum allotment to any State which is the single eligible entity for such State. Sets forth requirements for the payment of an allotments by the Secretary and for quarterly reports by the eligible entities. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment except in accordance with provisions for sanctions under this Act. Sets forth requirements relating to project design. Requires eligible entities to give priority to projects on the basis of: (1) unemployment severity and duration with localities in its area; (2) degree to which projects will lead to expansion of unsubsidized private employment opportunities; and (3) level of need for activities and services to be provided. Requires, to the extent feasible, coordination of employment opportunities established with title II funds with other specified Federal, State, and local activities. Part B: Community Improvement Activities for Youth Trainees - Sets forth provisions for youth trainee activities. Requires that at least 20 percent of the funds available to an eligible entity from its Part A allotment for community improvement projects shall be used for eligible youth wages and benefits for part-time employment up to 32 hours per week. Allows such employment to be: (1) in any authorized employment activity in community improvement projects; or (2) at a worksite operated by a public or private nonprofit agency or organization or by an employer organized for profit. Requires that such employment be provided in a manner which requires, and is consistent with, the youth's enrollment for at least eight hours a week in: (1) high school; (2) a high school equivalency program; or (3) a program of skill training or basic skill or employability development, including a career preparation demonstration program. Permits funds for youth trainee activities to be used in activities which also receive funds under other Federal, State, local, public, or private education or training programs. Makes eligible for youth trainee activities any youth aged 16 through 19 who is certified to be currently unemployed by the State employment service agency. Requires eligible entities, in selecting such participants, to give priority to economically disadvantaged individuals and to serve eligible school dropouts, among such individuals, on an equitable basis. Part C: State Job Programs - Sets forth provisions for financial assistance for State job programs. Reserves five percent of title II funds for each fiscal year for purposes of this part. Allots such funds for this part among the States, in accordance with specified provisions, on the basis of relative numbers of residents who have been unemployed for 15 or more weeks. Requires that such State allotments be used for employment of eligible participants under this Act through: (1) State-administered programs and activities authorized under community improvement project provisions, such as State parks, forests, and conservation programs, State hospitals and other health care facilities, State correctional institutions and programs, and State-administered social service programs; (2) special assistance (in conjunction, as appropriate, with eligible entities under title II) for areas which have experienced sudden or severe economic dislocations, including large-scale losses of jobs caused by the closing of facilities or mass layoffs; (3) State-directed emergency aid programs to cope with natural disasters, including erosion, flood, drought, and storm damage assistance and control activities; and (4) special assistance to seasonal farmworkers and small farmers in rural agricultural areas which have experienced substantial losses of jobs due to the rising numbers of farm mortgage foreclosures and other severe economic disruptions (in conjunction, as appropriate, with eligible entities under title II or with related programs under the Job Training Partnership Act). Directs States to give special consideration to establishing programs and activities which will provide job sites: (1) within areas in the State in which the unemployment rate equals or exceeds the national average; or (2) if there are no such areas, within areas in which the unemployment rate equals or exceeds the State average. Directs States to evaluate projects on the basis of severity and duration of unemployment within localities and the level of need for activities and services to be provided. Requires States, within 30 days after receiving notice of such allotment, to submit statements of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating the payment of any installment of an allotment, except in accordance with provisions for sanctions under this Act. Title III: Educational Facility Repair and Renovation Employment Activities - Part A: Elementary and Secondary School Facility Improvement Jobs - Sets forth provisions for school facility repair and renovation projects. Requires that funds made available to any local educational agency (LEA) under this part be used for projects and activities (in accordance with the limitation on the use of funds under title I) to employ eligible participants (qualifying under title I provisions) in the repair, renovation, or rehabilitation of public school facilities. Requires that, to the maximum extent feasible, funds under this part 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 requirements of any government environmental protection or health and safety programs; (2) public school facilities repair, renovation, or rehabilitation; (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. Requires that funds under this part which are made available to the Secretary of the Interior shall be made available to Indian tribal schools, upon applications containing specified information. Directs the Secretary of the Interior, within 120 days after enactment of this Act, to promulgate regulations for such grants program, including priorities for such program. Declares that the Department of the Interior shall be considered a State education agency (SEA) for purposes of requirements for receipt of allotments under this part. Provides that nothing in this Act shall be construed to relieve the Secretary of the Interior of the responsibility to provide adequate and equitable funding under the Snyder Act for the operations and maintenance of Indian tribal school facilities. Directs the Secretary of Education ("the Secretary" for purposes of this title) to make the allotment of funds for this part from 75 percent of the funds available for this title. Directs the Secretary to allot, from funds for this part: (1) one-half of one percent to specified U.S. territories and possessions in accordance with their respective needs; and (2) one-half of one percent to the Secretary of the Interior for grants to Indian tribal schools. Directs the Secretary to allot the remainder among the States on the basis of the relative: (1) number of unemployed individuals; (2) number of unemployed individuals in each county in excess of six and one-half percent of the civilian labor force; (3) number of unemployed individuals in each county in excess of the national average unemployment rate; and (4) amount of basic grant funds received under chapter 1 of the Educational Consolidation and Improvement Act of 1981 (ECIA). Prohibits an SEA from reserving more than one percent of the State allotment for administrative costs and four percent to meet special needs. Directs the SEA to allocate the remainder: (1) among the counties on the same basis used for State allotments; and (2) within each county on the basis used by that State in distributing funds under chapter 1 of ECIA. Sets forth requirements for the receipt of an allotment. Requires SEAs to submit, within 30 days after receiving notice of such allotment, a statement of agreement to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by SEAs. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment, except in accordance with sanctions provisions of this Act. Part B: Higher Education Facility Improvement Jobs - Sets forth provisions for academic facility repair and renovation projects. Requires that funds made available to any institution of higher education under this part be used for projects and activities (in accordance with title I limitation of funds provisions) to employ eligible participants (qualifying under title I provisions) in repair, renovation, or rehabilitation of academic facilities. Requires that, to the maximum extent feasible, funds under this part be used for projects and activities for which on-site labor can begin within 120 days of receipt of such funds. Requires that funds allotted to each State under this part be made available, in accordance with its State plan under the Higher Education Act of 1965, through the higher education building agency to assist institutions of higher education in the repair, renovation, and rehabilitation 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 requirements of government environmental protection or health and safety programs; (3) renovate research facilities and postsecondary technician training facilities; and (4) detect, remove, or contain asbestos hazards in facilities used by students. Sets forth requirements for the receipt of an allotment. Requires States to submit, within 30 days after receiving notice of such allotment, statements: (1) designating a fiscal agent for receipt of allotment payments; and (2) agreeing to use such funds in accordance with this Act and to provide quarterly reports. Directs the Secretary, within 30 days after the final day for such submissions, to make a final allotment. Sets forth requirements for payment of allotments by the Secretary and for quarterly reports by the States. Prohibits the Secretary from withholding, suspending, or terminating payment of any allotment installment except in accordance with sanctions provisions of this Act. Part C: Special Definitions for Title III - Sets forth special definitions for purposes of this title. Title IV: State Employment Service Responsibilities - Authorizes appropriations for FY 1983 and succeeding fiscal years to enable the United States Employment Service (USES) to provide funds to State employment service agencies to provide the following services in accordance with agreements with recipients under titles II and III: (1) certification of eligible participants in accordance with title I provisions, and their referral to available job openings; and (2) labor market information and job search services, including counseling to assist participants in finding regular unsubsidized employment as soon as possible, with special emphasis on services for those approaching the maximum duration for participants under this Act. Sets forth provisions for State job bank systems. Authorizes appropriations for FY 1984 through 1987, to be made available by USES for development and implementation of job bank systems in each State, designed to use computerized electronic data processing and telecommunications systems for such purposes as: (1) identifying job openings, referring jobseekers, with continual updating; (2) providing occupational supply and demand information; and (3) use by career information delivery systems, including career counseling programs in schools. Requires, where possible, that such systems be able to use software compatible with other systems (including management information, unemployment insurance, and other income maintenance programs) used in employment and training administration. Requires that, in the development of such systems, special consideration be given to the advice and recommendations of the State occupational information coordinating committees and other users of such systems. Title V: General Provisions - Sets forth general requirements relating to employment and projects under this Act. Sets forth nondiscrimination provisions. Prohibits projects involving construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or religious worship. Requires that funds under this Act be used only for activities which are in addition to those which would be available in the area in the absence of such funds. Prohibits providing funds for subsidized employment under this Act to private organizations to conduct activities customarily performed by public employees in the area. Limits participation in title II or III activities to residents of the area of the recipients. 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. Prohibits funding of any program involving political activities. Requires that participants in subsidized employment under this Act be paid at least the highest of the Federal, State, or local minimum wage, or the prevailing rate of pay for employment in similar occupations by the same employer. Limits the portion of any wages paid from funds under this Act to $230 per week. Adjusts such maximum annually according to national aggregate wage and salary increases. Permits such wages to be supplemented by other sources, up to an amount equal to 50 percent of such maximum. Requires that participants be allowed sufficient time off from work activities to participate effectively in job search activities. Permits funds under this Act to be used to employ individuals in part-time, flexible-time, and work-sharing employment customarily offered by the employer, if such individual receive benefits customarily provided with such employment by the same employer. Requires programs under this Act to maintain an individual work record for each participant. Requires that any funds appropriated for this Act which are allotted for any fiscal year be available for expenditure by the recipient during a one-year period beginning on the date of payment. Prohibits revocation or cancellation of any part of any allotment as long as such funds are expended within such period. Directs the Secretary (of Labor or Education, as appropriate) to reallot any funds not expended during such period among other eligible recipients. 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 from being filled when: (1) any other individual is on layoff from the same or any substantially equivalent job; or (2) the employer terminates the employment of any regular unsubsidized employee in the same or any substantially equivalent job or otherwise reduces the number of regular unsubsidized employees in such jobs. Prohibits the employment of, or the filling of a job opening by, any participant whose wages are subsidized under this Act by any "government" (meaning a State or local government, public agency, or local educational agency) department having 25 or more regular unsubsidized employees, unless the number of such employees currently employed is at least equal to a number determined according to a specified formula. Prohibits creation of jobs in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. Requires that quarterly reports submitted under specified provisions of this Act: (1) be transmitted by the recipient to any labor organization representing government employees who are engaged in work similar to that performed by employees whose wages are subsidized under this Act; (2) set forth specified information relating to numbers of unsubsized and subsidized employees of government departments in which subsidized employment is provided under this Act; and (3) include a statement identifying and explaining job reductions in any department where there has been a decline of unsubsidized employees above a specified amount over a certain period. Sets forth procedures for review of complaints by employees or labor organizations concerning violations of this Act by governments employing subsidized employees. Requires repayment of any funds under this Act expended in such violations. 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. Provides that such rates are not required to be paid to participants under this Act unless they are employed in connection with projects funded by this Act in whole or in part, exclusive of wages and benefits, or projects covered by any other statute requiring the payment of such Davis-Bacon Act wage rates. Sets forth provisions for fiscal controls and sanctions under this Act. Sets forth provisions for judicial review of any corrective action or sanction imposed under this Act.
United States · United States Congress · 30 June 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act". Amends the Fair Housing Act to expand the definition of "discriminatory housing practice" to include any violation under such Act (thus codifying case law which holds that the obligation of Federal agencies to administer programs affirmatively to further the purposes of fair housing and the prohibition against interference with rights under the Act are separately actionable). Adds new definitions of "handicap", "aggrieved person", and "familial status". Excludes from the meaning of "handicap" any impairment consisting of alcohol or drug abuse which would be a direct threat to the property or safety of others. Defines "familial status" as one or more minors being domiciled with their parent or guardian. Retains the two current exemptions from the prohibition against the discriminatory sale or rental of housing which are given to: (1) an owner of three or fewer single-family houses; and (2) the owner of a dwelling consisting of four or fewer family units who also resides in such dwelling (the "Mrs. Murphy" exemption). Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; and (2) discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. States that such discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) make modifications which would unreasonably inconvenience others; and (3) allow architectural modifications which materially decrease the value of a building or alter its intended use. Prohibits discrimination against families with children. Makes it unlawful for an insurer to discriminate in the provision or terms of insurance against hazards to a dwelling because of the race, color, religion, sex, handicap, national origin or familial status of persons owning or residing in or near the dwelling. Adds handicapped persons as a protected class under other existing prohibitions on discriminatory activities. Modifies the housing financing discrimination provision to prescribe all conduct which denies or "otherwise makes unavailable" financial assistance because of race, color, religion, handicap, national origin or familial status. Includes within such prohibition persons in the business of selling, brokering, or appraising real property. States that nothing in this Act is to be construed to defeat any reasonable local, State or Federal restrictions on the maximum number of persons permitted to occupy a dwelling unit. Provides that familial status does not apply to any State or Federal programs aimed at assisting elderly persons. Establishes the Fair Housing Review Commission, composed of three members appointed by the President for staggered six year terms. Stipulates that no more than two members may be of the same political party. Directs the Commission to: (1) appoint administrative law judges and other employees as necessary to carry out its functions (2) promulgate a code of ethics to assure the independence of such judges; (3) promulgate rules of discovery for its proceedings consistent insofar as practicable with the Federal Rules of Civil Procedure; and (4) consider appeals from the proposed orders of the administrative law judges upon application of a party. Includes Federal agencies having regulatory authority over financial institutions within the executive departments and agencies which are currently required to administer their housing programs in an affirmative manner. Authorizes the Department of Housing and Urban Development to provide financial as well as technical assistance to public and private organizations seeking to remedy housing discrimination. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development in addition to the current enforcement provisions of title VIII (allowing civil actions by private parties and the Attorney General). Directs the Secretary to make an investigation of all alleged discriminatory housing practice on his or her own initiative or upon the filing of a charge by an aggrieved person within one year of the alleged discrimination. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary, if the aggrieved person and respondent consent to binding arbitration, to refer the charge to an arbitrator made available by the Community Relations Service of the Department of Justice. Continues the current authority of the Secretary to utilize discovery measures. Retains the current penalty for failing to produce information (up to a $1,000 fine and/or one year's imprisonment). Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies, with respect to the rights and remedies provided by such agencies, the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Eliminates the Secretary's authority to recall referrals in the interest of justice or to protect the rights of the parties. Prohibits further action by the Secretary unless the agency fails to act in a timely fashion (current law gives the agency 30 days to commence proceedings). Requires the Secretary and other Federal agencies to cooperate to avoid duplication of their housing discrimination authority. Authorizes the Secretary to enter into agreements to permit other agencies to carry out such responsibilities within their jurisdictions. Directs the Secretary to enter into agreements with specified Federal agencies for such purpose with respect to depository institutions. Permits an action for temporary or preliminary relief to be brought on behalf of the Secretary in accordance with rule 65 of the Federal Rules of Civil Procedure when the Secretary establishes that voluntary compliance is unobtainable and prompt judicial action is necessary. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use controls, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits the administrative law judge to award appropriate relief and a civil penalty of up to $10,000. Permits the filing of a petition for judicial review of a final order in an appropriate court of appeals within 60 days after entry of such order. Provides that the findings of fact shall be conclusive if supported by substantial evidence in the record considered as a whole. Authorizes the administrative law judge to assess civil penalties for noncompliance with a final administrative order. Makes certain revisions in the private right of action for aggrieved persons under the Fair Housing Act. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Permits the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the current provision permitting the appointment of counsel. Removes the existing $1,000 limit on punitive damages for willful violations. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to title VIII rights has occurred. Permits the intervention of aggrieved persons in such actions. Permits the award of costs, including reasonable attorney's fees, to prevailing parties in court and administrative proceedings (current law permits an award of attorney's fees only to prevailing parties who are financially unable to assume them). Authorizes appropriations for this Act, effective October 1, 1983.
United States · United States Congress · 30 June 1983
Amends the Internal Revenue Code to provide that one-half of the cost of insurance paid by a self-employed taxpayer for medical care during the taxable year will be allowed as a business deduction.
United States · United States Congress · 27 June 1983
Expresses the sense of the Congress that further expansion of cargo preference requirements, either for commercial or other trade, should not be imposed.
United States · United States Congress · 23 June 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions; (3) notify the owner or operator of each of the 50 plants listed; and (4) within four months after such enactment, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fuel fired electric utility generating plant concerned; and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within four months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 10,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980. Sets forth a formula for computation of State shares. Permits the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Directs the Administrator to promulgate a State plan on January 1, 1988, if no State plan has been: (1) submitted by June 1, 1985; or (2) approved by January 1, 1988. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources in the State for which the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the calendar year 1980, other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share, with specified credits for States in which any of the 50 listed plants are located. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund (established within this Act), to pay for 90 percent of the costs of the construction and installation at an electric utility generating plant of any technological system of continuous emission reduction necessary to comply with requirements under a State plan for a State share of sulfur dioxide emission reductions. Subjects such payments to regulations relating to reduction of increases in utility rates. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make payments from the fund first to facilities covered by direct federally mandated emission reductions and then to facilities covered by State share plan requirements. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee of one mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Exempts from such fee electric energy: (1) used at the electric generating facility concerned; or (2) generated by a nuclear generating facility. Makes such fee effective with respect to electric energy generated, or imported, after December 31, 1984. Makes the fee cease to apply on the earlier of: (1) December 31, 1995; or (2) the date on which all payments required under this Act have been made. Authorizes the Administrator to terminate the fee at an earlier date upon estimation that sufficient funds have been collected to fund all such required payments. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth the time and manner required for payment of such fee and related reporting requirements. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for electric utilities (or importers of electric energy) which knowingly commit such violations. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction after the enactment of this Act. Prohibits the emission of nitrogen oxides from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour.
United States · United States Congress · 23 June 1983
State Justice Institute Act of 1982 - Establishes the State Justice Institute as a tax-exempt private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Permits the Institute to be incorporated in any State or the District of Columbia. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems. Prescribes uses and limitations on uses of grant and contract funds. Specifies restrictions on activities of the Institute. Authorizes appropriations for FY 1984 through 1986.
United States · United States Congress · 21 June 1983
Amends the Internal Revenue Code to allow a refundable income tax credit for the amount of contributions made to the Federal retirement system by Federal employees newly covered under the social security system after December 31, 1983. Disallows such credit for contributions made to a Federal retirement system: (1) established after the enactment of this Act; or (2) modified after the enactment of this Act for purposes of coordinating such system with the social security system. Terminates such credit after December 31, 1985.
United States · United States Congress · 14 June 1983
Farm Products Buyers' Protection Act of 1983 - Provides that a buyer in the ordinary course of business who buys farm products (livestock and commodities) from a person engaged in farming operations shall own such goods free of any security interest in such goods even though the security interest is perfected in accordance with applicable State law and even though the buyer knows of its existence.
United States · United States Congress · 14 June 1983
Expresses the sense of the House of Representatives that: (1) State regulatory commissions should carefully review requests for telephone rate increases; (2) the Federal Communications Commission should ascertain the impact on telephone rates of regulatory changes and judicial decisions and should furnish the House with an estimate of the number of people who would suffer an economic hardship or be forced to discontinue telephone service as a result of such changes and decisions; and (3) specified House committees should consider legislation that will assure affordable telephone service for all the people of the United States.
United States · United States Congress · 13 June 1983
Water Quality Renewal Act of 1983 - Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to authorize appropriations for FY 1983 through 1988 for: (1) specified research, investigation, and training programs in water pollution control; (2) State and interstate pollution control programs; (3) undergraduate programs in water quality control; (4) grants for developing waste treatment management plans for areas with substantial water quality control problems; (5) water pollution control programs in agricultural areas; (6) agreements among Government agencies providing for maximum use of existing programs for water quality control; (7) grants to States for lake pollution control; and (8) carrying out such Act generally. Increases the authorization for grants for construction of waste treatment works for FY 1984 and 1985. Authorizes appropriations for such grants for FY 1986 through 1988. Revises the timetable for compliance of all pollutants with effluent limitations. Requires as new conditions for the modification of treatment requirements with respect to the discharge of pollutants from a publicly owned treatment works that an applicant for such modification demonstrate that: (1) in the case of a treatment works serving a population of 50,000 or more, there is in effect a specified pretreatment program for toxic pollutants introduced into such works for which there is no pretreatment requirement in effect; and (2) the effluent which is discharged from such works is receiving primary treatment and meets the criteria for water quality established by the Administrator of the Environmental Protection Agency. Revises the meaning of the phrase "discharge of any pollutant into marine water." Requires that a water quality standard which is revised after January 1, 1983, maintain the designated uses of the navigable waters involved in effect on such date, except that such a standard may contain a less restrictive use if the State demonstrates that: (1) the existing designated use is not attainable because of natural background or irretrievable man-induced conditions; or (2) the application of effluent limitations needed to attain the existing designated use would result in substantial and widespread adverse economic and social impact. Requires a State to revise water quality standards to preserve the quality of those waters within the State exceeding the level necessary to support the designated use contained in existing water quality standards. Requires a State to consider the need to adopt numercial criteria in addition to other water quality criteria' with respect to specified toxic pollutants whenever such State reviews a water quality standard. Requires the maintenance and protection of water the quality of which exceeds levels necessary to support the propagation of fish and wildlife and to allow recreation in and on the water, unless a State chooses, after compliance with intergovernmental coordination and public participation requirements, to allow lower water quality because of essential economic or social development for which there is no feasible alternative. Prohibits a degradation of water quality which will interfere with or injure instream water uses. Prohibits degradation in high quality waters which constitute an outstanding national resource. Requires a State to minimize the effects of development on water quality in any case where water quality degradation is permitted. Requires the Administrator to publish in the Federal Register a list of all navigable waters in each State the water quality of which is being impaired by the discharge from specific sources of toxic pollutants. Directs the Administrator to establish an individual control strategy for each listed segment of navigable waters which shall reduce the discharge of toxic pollutants from such sources so as to allow the achievement of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water. Increases the civil penalties for violations of requirements with respect to water quality standards under the Federal Water Pollution Control Act. Requires the Administrator to convene a management conference whenever the attainment or maintenance of water quality in an estuary requires the control of sources of pollution in more than one State. Provides that such a management conference shall establish and provide for the implementation of a master plan which addresses the pollution problems of the estuary involved. Authorizes the Administrator to make grants to States participating in such a management conference which are equal to 55 percent of a State's cost of implementing a master plan for a fiscal year. Authorizes appropriations for FY 1984 through 1988 for such grants. Authorizes appropriations to the Administrator for FY 1984 through 1988 for: (1) administrative expenses with respect to management conferences; (2) grants for the development of master plans for estuaries; and (3) monitoring the implementation of such master plans. Prohibits the specification of a disposal site in navigable waters for the discharge of dredged or fill material unless the Secretary of the Army, acting through the Chief of Engineers, determines that the discharge of such material at such site will not have an unacceptable adverse effect on the aquatic environmental and that there is no less adverse practicable alternative to the proposed discharge. Requires that an application for a permit to discharge dredge or fill material into navigable waters at a specified disposal site be filed with the district engineer of the Corps of Engineers for the district where the discharge is to be made. Requires the district engineers to notify the Administrator, the Secretaries of the Interior and Commerce, and other appropriate Federal agency heads of any such application. Specifies the time periods within which such agencies may submit comments on such applications. Requires the district engineer to give full consideration to such comments in deciding whether to issue a permit. Requires the district engineer to notify the Administrator or the appropriate Secretary if a permit to which the Administrator or the Secretary is opposed is to be issued. Specifies the time periods within which the district engineer must publish a decision with respect to a permit application. Provides that a denial of a permit application shall be the final decision of the Secretary of the Army. Provides that a decision to issue a permit shall be the final decision of the Secretary of the Army unless the Administrator, the Secretary of the Interior, or the the Secretary of Commerce requests a review of such a decision in any case in which the Administrator or either Secretary opposed the issuance of a permit. Specifies the time periods within which the Secretary of the Army must issue a final decision following such a request. Requires the Administrator to study and report to Congress on the effects of the impoundment and discharge of waters by dams upon the quality of navigable waters.
United States · United States Congress · 13 June 1983
Establishes a uniform system for determining patent rights in inventions made by any employee, private or government, during his employment when the invention has grown out of the type of work performed or is derived from experiences gained on the job. Requires an employee to give his employer immediate notice of the service invention. Permits an employer to claim exclusive rights in such invention. Deems such invention free if such rights are not claimed. Entitles the employee to the fair market value of those rights, adjusted for the contribution the operations of the employer made to the invention. Permits the adjustment of such compensaton due to a substantial change in circumstances. Requires that all disputes relating to compensation which cannot be agreed upon be placed before the Arbitration Board. Requires an employer who claims exclusive rights to immediately apply for a patent in the inventor's name, or the service invention becomes free. Entitles the inventor to patent rights in any foreign countries which the employer has not claimed. Directs the employer to keep the employee informed at all stages of the patent application proceedings. Requires the employer to notify an employee of any intent to abandon the invention in enough time to permit the assignment and protection of rights of the employee. Requires an employer to apply to the Arbitration Board whenever he deems that an invention is not patentable because it is not in his legitimate business interests to have the invention become publicly known. Requires an employee to notify an employer immediately whenever he has made a free, non-service related invention. Gives the employer three months to counter such contention. Prohibits an employer from disclosing a free invention without the employee's consent. Establishes an Arbitration Board in the Patent Office to arbitrate disputes between such employers and employees. Permits judicial review of Board determinations. Directs the Secretary of Labor to issue guidelines for determining compensation to be paid for exclusive rights in service inventions and trade secrets. Prohibits discrimination against any employee who exercises his rights under these provisions. Permits civil action to enforce these provisions.
United States · United States Congress · 13 June 1983
Amends the patent law to set forth a Federal policy concerning non-Federal employee inventions. Renders unenforceable a preinvention assignment agreement to inventions other than an employment invention. Entitles an employer to a nontransferable nonexclusive license to practice any invention made with a substantial use of that employer's time or resources. Exempts inventions conceived after termination of employment.
United States · United States Congress · 8 June 1983
Federal Courts Civil Priorities Act - Requires each Federal court to formulate its own rules of priority regarding the order in which civil actions shall be heard. Specifies exceptions. Authorizes the Judicial Conference of the United States to modify such rules to establish consistency. Makes technical and conforming amendments.
United States · United States Congress · 8 June 1983
Bankruptcy Court and Federal Judgeship Act of 1983 - Title I: Bankruptcy Jurisdiction, and Procedure - Confers upon the district courts original and exclusive jurisdiction of all cases under title 11 (the bankruptcy code). Confers original, but not exclusive, jurisdiction upon the district courts of all civil proceedings arising under title 11 or arising in or related to cases under title 11. Authorizes district courts to refer all cases and civil proceedings arising under title 11 to the bankruptcy court for the district. Confers upon such bankruptcy court all jurisdiction granted the district courts for title 11 actions and proceedings. Authorizes district courts to withdraw certain actions previously referred to bankruptcy courts. Allows district courts to abstain from hearing a particular proceeding under title 11, and precludes appeals from such decisions. Requires the district courts to abstain, upon proper motion, from adjudicating claims based upon State law where such claims will be timely instituted in an appropriate State forum. Authorizes district courts to exercise jurisdiction over all the debtor's property, wherever located, and over the bankruptcy estate. Sets venue guidelines for: (1) cases and proceedings under title 11; (2) cases to enjoin actions in a State or Federal court; and (3) actions to enjoin liens against property in such courts. Delineates procedures for removal of bankruptcy cases by a party. Authorizes courts to remand cases which have been so removed, and precludes any appeal of a remand decision. Designates bankruptcy courts for each judicial district. States that such courts shall constitute a department of the district court and be comprised of bankruptcy judges in regular active service. Requires the United States court of appeals for a circuit to appoint the bankruptcy judges for each judicial district within such circuit. Sets forth provisions for: (1) official duty stations of bankruptcy judges; (2) removal procedures of such judges; (3) salaries ; (4) outside employment; (5) division of business; (6) appointment of chief bankruptcy judgeships; (7) temporary transfers of bankruptcy judges; and (8) court personnel. Requires district courts to withdraw specified actions previously referred to the bankruptcy courts. Authorizes district courts to refer certain cases or proceedings to: (1) a bankruptcy court to serve as special master; (2) a United States magistrate; or (3) a bankruptcy judge who shall exercise all the powers of a United States magistrate. Confers jurisdiction upon the district courts to hear appeals from bankruptcy court judgments and establishes appellate procedure. Sets standards for bankruptcy judge salaries and terms of office. Title II: Omnibus Judgeship - Enumerates additional permanent circuit and district judgeships for the States. Establishes retirement guidelines for judges holding office during good behavior. Outlines retirement and resignation criteria for judges, including retirement pay and salary upon resignation. Title III: Conforming Amendments - Makes technical and conforming amendments. Provides for annuities for certain bankruptcy judges. Provides criteria for filling vacant bankruptcy judgeships.
![Official portrait of Rep. Kastenmeier, Robert W. [D-WI-2]](https://www.congress.gov/img/member/k000020_200.jpg)