United States · United States Congress · 17 November 1983
Native American Programs Act Amendments of 1983 - Amends the Native Americans Programs Act of 1974 to state that decisions to grant financial assistance shall not consider whether such aid accrues to the benefit of Indians who are not members of a federally recognized tribe. Prohibits the rejection of financial assistance solely on the grounds that the request serves Indians or an Indian organization in a nonreservation area. Requires that programs under this Act be administered within the Department of Health and Human Services (currently they may be delegated to other Federal departments and agencies). Prohibits any transfer of such administration outside of the Department. Directs the Secretary of Health and Human Services to continue the administration of grants through the Administration for Native Americans (the Administration). Requires the Commission of such Administration to delegate all functions within the Administration. Restricts the delegation and redelegation of functions by the Secretary to personnel within the Department. Permits interagency funding agreements between the Administration and other Federal agencies. Authorizes appropriations through FY 1987. Specifies the percentage of appropriated funds which shall be used for financial assistance under this Act.
United States · United States Congress · 16 November 1983
Designates 1984 as the Year of Water. Requests the President to welcome the delegates of the International Congress on Irrigation and Drainage in Fort Collins, Colorado.
United States · United States Congress · 15 November 1983
Interstate Compact - Grants congressional approval to the Rocky Mountain Interstate Low-Level Radioactive Waste Compact which provides for cooperation among the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 2 November 1983
Amends the Act of February 12, 1929, to direct the Secretary of the Treasury to invest Indian trust funds in public debt securities bearing interest as the Secretary determines, considering current market yields (currently such funds are fixed at 4 percent per annum).
United States · United States Congress · 2 November 1983
Eliminates the statutory position of Commissioner of Indian Affairs in the Department of the Interior. Replaces it with the statutory position of Assistant Secretary of the Interior for Indian Affairs. Makes technical and conforming amendments. Considers presidential appointments of persons as Assistant Secretary for the Department of the Interior responsible for Indian affairs to be appointments as Assistant Secretary for Indian Affairs.
United States · United States Congress · 25 October 1983
Credits service performed by National Guard technicians before January 1, 1969, as Federal employment for the purpose of civil service retirement benefits.
United States · United States Congress · 21 October 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Lady Bird Johnson in recognition of her humanitarian efforts and contributions to the beautification of America. Directs the Secretary of the Treasury to provide for the striking of such medal and bronze duplicates for sale to the public. Declares such medals to be national medals. Authorizes appropriations.
United States · United States Congress · 19 October 1983
Expresses the sense of Congress that the Secretary of Transportation should submit to the appropriate congressional committees, not later than June 30, 1984, full research and development program planning documentation for the expedited civilian use of the Global Positioning System (a system which provides navigational information to aircraft).
United States · United States Congress · 6 October 1983
Cable Telecommunications Act of 1983 - Amends the Communications Act of 1934 to authorize any governmental entity empowered to grant a cable television franchise to require: (1) that a reasonable amount of channel capacity be designated for public, educational, or government purposes; and (2) that rules be promulgated governing the use of such channel capacity, including rules for creating an agency or nonprofit organization to administer the use of such channel capacity. Allows the cable system operator to use such channel capacity for other purposes until there is a demand for use of such capacity for public, educational, or governmental purposes. Prohibits a cable operator from exercising any editorial control over any video programming for such purposes. Requires a cable operator to designate a specified percentage of its channel capacity not required for use under Federal law for commercial use by persons unaffiliated with the operator. Prohibits any Federal, State, or local authority from requiring the designation of a greater percentage of channel capacity for commercial use by unaffiliated persons. Allows an operator to continue using such designated capacity until a written agreement with an unaffiliated person is obtained. Directs the operator to establish prices, terms, and conditions for such use that are sufficient to assure that the operation, financial condition, and market development of the cable system are not adversely affected. Prohibits a cable operator from exercising any editorial control over video programming for such use except to the extent necessary to assure that such cable system is not adversely affected. Prohibits the use of such channel capacity to provide a cable service being provided on the enactment date of this Act in order to avoid providing a diversity of information sources. Authorizes any person aggrieved by the failure of an operator to make channel capacity available for such commercial use to seek to compel that such capacity be made available by bringing an action in the appropriate Federal district court or by petitioning the Federal Communications Commission (FCC). Authorizes the FCC to prescribe rules necessary to assure that a cable operator or owner provides for a diversity of information sources over the cable system: (1) upon finding that prior adjudications constitute a pattern of such failure by such person; and (2) whenever cable systems with 36 or more activated channels are available to 70 percent of U.S. households and are subscribed to by 70 percent of the households to which such systems are available. Prohibits a person from owning or controlling a cable system if such person: (1) is the licensee of a television broadcast station the predicted grade B contour (field strength) of which covers any part of the community served by such cable system; (2) owns or controls a daily newspaper published in such community; or (3) is a common carrier providing telephone exchange service in any part of such community, excluding specified rural areas. Authorizes the FCC to prescribe rules concerning the common ownership or control of cable systems by persons who own or control other media of mass communications serving the community served by the cable system. Prohibits any State or local authority from regulating the diversity of ownership of mass media interests. Prohibits any State or local authority that has an interest in any cable system from directly or indirectly controlling the content of any programming on such system, except programming on educational, public, or government channels, unless such authority establishes an independent board or separate management company. Prohibits the owner of a multiple unit dwelling from interfering with the provision of cable service requested by a resident. Permits the owner to require that: (1) the costs of installation, construction, operation, or removal of the cable facilities be borne by the subscriber, the operator, or both; (2) the condition of the dwelling and the safety and convenience of other residents are not adversely affected by the installation or construction of such facilities; and (3) the owner be fully compensated by the cable operator for any damages caused by such facilities. Directs the FCC to establish the amount of just compensation to which the owner is entitled. Authorizes a governmental or franchising authority to award one or more cable franchises within its jurisdiction. Directs such authority to assure that the opportunity to purchase cable service is not denied to any class of potential subscribers because of income or economic status. Provides that a franchise shall be construed to authorize the construction of a cable system over public rights-of-way and through easements dedicated for compatible uses, provided the property owners are compensated for any resulting damages. Prohibits a cable system from providing cable service without a franchise. Permits a governmental or franchising authority to require the construction of cable system facilities or the provision of certain equipment as part of an initial franchise or a franchise renewal proceeding. Directs such authority to negotiate and, if necessary, enter binding arbitration with a cable operator over the termination, modification, or deferral of a requirement for facilities or equipment (excluding facilities or equipment for educational, public, or government use) that the operator shows to be impracticable as a result of a significant change in circumstances. Provides that the terms of any franchise agreement resulting from a request for proposals originally issued on or before September 30, 1982, shall remain in effect for the remaining term of the franchise. Declares that no cable system shall be subject to regulation as a common carrier or utility by reason of providing cable service. Authorizes a governmental or franchising authority to require a cable operator to pay a franchise fee not to exceed an annual aggregate of five percent of such operator's gross revenues. Permits a cable operator to pass the cost of any increase in the franchise fee through to subscribers. Prohibits a governmental or franchising authority from requiring the provisions of services, facilities, or other items not related to the provision of cable service under a franchise. Authorizes a franchising authority to regulate the rates for the provision of basic cable service and the installation or rental of equipment necessary for the receipt of such service for any cable system that is not located within the grade B contour of four or more full power television signals with at least one affiliate of each of the three power commercial television networks. Authorizes such an authority to regulate the rates of a franchise in effect on the enactment date of this Act for the greater of five years or one-half of the remaining term of the franchise. Authorizes annual rate increases not exceeding the regional consumer price index if subscribers are given 30 days notice. Provides that requests for rate increases shall be deemed to be granted if not acted upon within 90 days. Bars any other regulation of rates, with specified exceptions, by any Federal, State, local, or other franchising authority. Prohibits any such authority from regulating the provision or content of cable services, except that: (1) any applicable FCC regulation in effect on September 21, 1983, may remain in effect; (2) a franchising authority may enforce the terms of a franchise agreement under which the cable operator agrees to provide particular services; (3) a franchising authority and a cable operator may specify that certain services that are obscene or otherwise unprotected by the Constitution may not be provided; and (4) an operator may be required to offer basic cable services. Allows an operator to rearrange, replace, or remove a service specified in a franchise if there has been a significant change in circumstances. Requires a franchising authority to grant an application for the renewal or extension of an operator's franchise, unless: (1) the operator has not substantially complied with the franchise or applicable law or has committed a felony; (2) there has been a change in the operator's qualifications that impairs the provision of service; (3) the facilities to be provided by the operator are unreasonable in terms of cost and community need; (4) the signal of the operator's system has not met the FCC's technical standards; or (5) the proposals of the application are otherwise unreasonable. Sets forth time requirements and procedures governing the filing, consideration, and denial of applications and the judicial review of adverse decisions. Prohibits a franchising authority, upon the expiration of a franchise, from acquiring an ownership interest in a cable system, or requiring a sale of a system to another person, at less than the system's fair market value. Prohibits a franchising authority from acquiring an ownership interest in a system subject to a franchise termination resulting from a material breach by a cable operator, unless the operator was provided notice of, and a reasonable opportunity to remedy, the breach. Prohibits any cable operator or any other person who provides cable services from using the cable system to collect personally identifiable information on a cable subscriber without the written or electronic consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personally identifiable information collected and maintained by a cable operator or other person providing cable services. Authorizes civil damages for violations of these privacy provisions. States that cable operators have no liability for programs on public, educational, or governmental channels or for channels designated for commercial use by unaffiliated persons. Prohibits any person from intercepting or receiving cable services or assisting in intercepting or receiving cable services without specific authorization by a cable operator or by law. Sets forth provisions governing civil remedies, the determination of civil damages, and criminal penalities for violations of such prohibition. Provides that a State shall not be considered to regulate the rates, terms, and conditions for pole attachments unless: (1) the State has issued and made effective regulations implementing such regulatory authority; and (2) the State takes final action on a complaint about an individual matter within 60 days.
United States · United States Congress · 6 October 1983
Alcohol Fuel Tax Incentive Uniformity Act - Amends the Internal Revenue Code to increase the amount of the exemption from the excise tax on gasoline for gasoline mixed with alcohol. Extends such exemption to diesel fuels and special fuels which contain at least ten percent alcohol. Increases from 50 cents per gallon to 90 cents per gallon the amount of the income tax credit for alcohol used as fuel. Amends the Tariff Schedules of the United States to increase the tariff on alcohol imported for use as a fuel from 50 cents per gallon to 90 cents per gallon.
United States · United States Congress · 6 October 1983
Expresses the sense of Congress that: (1) Fire Prevention Week, 1983, should be observed with appropriate activities; and (2) firefighters who have died while performing official duties be honored appropriately at the Annual National Observance Services for Fallen Firefighters on October 16, 1983, at the Federal training center in Emmitsburg, Maryland.
United States · United States Congress · 4 October 1983
Alternative Energy Tax Incentives Act of 1983 - Amends the Internal Revenue Code to extend the residential energy income tax credit for renewable energy sources for five years from 1985 to 1990. Reduces the qualifying percentage for energy source expenditures by specified increments between 1985 and 1990. Increases from 15 percent to 20 percent the investment tax credit for solar, wind, geothermal, and ocean thermal property. Extends such tax credit for five years from 1985 to 1990. Extends the investment tax credit for hydroelectric generating property and biomass property for five years from 1985 to 1990. Reestablishes the credit for cogeneration property until 1990. Qualifies until 1995 affirmative commitments for solar, wind, geothermal, ocean thermal, biomass, and cogeneration projects begun by December 31, 1990. Eliminates the 20 percent limitation for oil and natural gas used in cogeneration facilities. Qualifies as biomass property methane- containing gas produced by anaerobic digestion from nonfossil waste materials. Revises the definition of geothermal deposit to lower the required temperature to 104 degrees Fahrenheit (from 122 degrees Fahrenheit). Includes shale oil property and tar sands equipment as energy property for purposes of the investment tax credit.
United States · United States Congress · 30 September 1983
Research and Development Joint Venture Act of 1983 - Provides that no person shall be liable under the antitrust laws for entering into or performing a contract for joint research and development projects if such person gives notice to the Attorney General in accordance with this Act. Sets forth requirements and restrictions with respect to such contracts. Requires the parties to such a contract to notify the Attorney General in writing of: (1) the date of the contract and of any contract amendments; (2) the names of the parties to the contract; (3) the nature of each research and development project to be carried out under such contract; (4) the names of the parties who will participate in each such project; and (5) the contract's compliance with the requirements under this Act. Requires the Attorney General to publish this information in the Federal Register. Provides that no person shall be liable under the antitrust laws for any relief other than injunctive relief for performance of a contract for a joint research and development project if: (1) such person discloses the nature of the project and the identities of the project participants to the Attorney General and provides any information the Attorney General may require; and (2) contract performance occurs more than 90 days after such information is disclosed or more than 60 days after the Attorney General publishes notice with respect to such project in the Federal Register. Authorizes the Attorney General to investigate the parties to a contract for joint research and development projects in order to ascertain whether: (1) the information required to be submitted by such parties under this Act is accurate; (2) the contract complies with requirements under this Act; and (3) the research and development projects comply with the contract terms. Requires the Attorney General to notify the persons who are the subjects of such investigations: (1) that an investigation is in progress; and (2) if the investigation shows that the contract involved does not comply with this Act. Provides that entering into or performing a contract for joint research and development shall not be considered per se to be a violation of the antitrust laws. Provides that no person shall be liable under the antitrust laws for an amount in excess of actual damages sustained by a claimant, the cost of suit, and any interest awarded if such liability is the result of entering into or performing such a contract. Requires the awarding of reasonable attorney's fees to a person against whom a claim arising from such a contract is made if such claim fails. Requires the Attorney General to submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report on the operation of this Act.
United States · United States Congress · 28 September 1983
Directs the Secretary of the Treasury to compensate ranchers whose lands were taken for national defense purposes after 1941 and are now part of the White Sands Missile Range, New Mexico. Values such land at the current value of its livestock carrying capacity.
United States · United States Congress · 21 September 1983
Expendable Launch Vehicle Commercialization Act - Prohibits persons from launching a space object from the territory of the United States (or, in the case of U.S. nationals, from international waters or air space as well) unless they are properly licensed. Sets criminal penalties for violation of this Act. Directs the Secretary of Commerce to issue such licenses. Sets forth certain conditions of and procedures for licensing. Requires license applicants to obtain liability insurance. Permits the Secretary to suspend or revoke such licenses in specified circumstances.
United States · United States Congress · 20 September 1983
Regulatory Oversight and Control Act of 1983 - Title I: Agency Rulemaking Improvements - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including a statement of its determination that the benefits of the rule will justify the costs of the rules and that the rule will achieve rulemaking objectives in a more cost effective manner than the alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules that may be added by the agency or the President. Declares that each such rule shall cease to be effective not more than ten years after the date the final schedule is published. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, on which the rule will expire and the date by which the rule must be reviewed. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to reissue or amend the rule; or (5) publish an explanation of its decision to allow the rule to expire. Allows agencies to alter review schedules if the President agrees. Amends the Administrative Procedure Act to eliminate the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Title II: Congressional Review of Agency Proceedings - Requires each agency to transmit a copy of each rule it promulgates to the House of Representatives and the Senate. Declares that such rule shall be considered only as a recommendation of the agency to Congress. Prohibits a major rule from taking effect unless a joint resolution approving the rule is enacted within 90 days. Prohibits a rule other than a major rule from taking effect if a joint resolution disapproving the rule is enacted within 90 days. Prohibits an agency from promulgating a new rule that is substantially the same as a major rule that was not approved or any other rule that was disapproved. Directs the Comptroller General, at the request of a committee of either House which has primary legislative jurisdiction over a rule or on his or her own initiative, to inform such committee as to whether the rule is consistent with the statutory authority under which it was promulgated. Exempts an emergency rule from such congressional review requirements if the agency submits to the appropriate congressional committees a written notice of: (1) its determination that the rule is an emergency rule; (2) the time period (limited to 210 days) during which the rule will be effective; and (3) its intention to issue a final rule, if necessary, when such emergency rule expires. Sets forth House and Senate procedure for the consideration of such resolutions of approval or disapproval. Declares that: (1) congressional inaction on or rejection of a resolution disapproving a rule shall not be deemed an expression of approval of that rule; and (2) enactment of a resolution approving a major rule shall not be construed to create any presumption of validity with respect to such rule and shall not affect the judicial review of such rule. Title III: Regulatory Oversight and Control Amendments to House Rules - Amends the rules of the House of Representatives to establish a Regulatory Review Calendar to which all resolutions for the approval or disapproval of agency rules shall be referred. Provides for the consideration of the resolutions on such Calendar on the first and third Monday and the second and fourth Tuesday of each month. Declares that it shall be in order during the reading of a general appropriation bill to consider any germane amendment proposing a limitation restricting the implementation of an agency rule, other than a major rule, for which a resolution of disapproval has not been considered by the House, or has been passed by the House but not enacted, within the time required under this Act. Requires each standing committee of the House to consider and adopt its oversight plans in a meeting which is open to the public by March 1 of the first session of a Congress. Directs each such committee to: (1) consult with other congressional committees with jurisdiction over the same areas to assure that such areas are reviewed in the same Congress and that there is maximum coordination and cooperation between such committees in conducting such review; (2) give priority to the review of programs under permanent budget or statutory authority; and (3) attempt to ensure that all laws, programs, activities, and agencies within its jurisdiction are reviewed at least once every ten years. Requires each committee to submit its final plans to the Committee on Government Operations which shall report all such plans to Congress with recommendations to assure the effective coordination of such plans. Authorizes the Speaker of the House, with the approval of the House, to appoint special ad hoc committees to review specific matter within the jurisdiction of two or more standing committees. Requires each committee to include in its biennial report to the House separate sections summarizing the legislative and oversight activities of that committee. Declares that it shall not be in order in the House to consider a primary expense resolution for any committee that has not submitted its oversight plans to the Committee on Government Operations.
United States · United States Congress · 20 September 1983
Single-Employer Pension Plan Amendments Act of 1983 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add the following new terms and definitions: (1) contributing sponsor; (2) control groups; (3) single-employer plan; (4) composite single-employer plan; (5) amount of unfunded guaranteed benefits; and (6) amount of unfunded nonforfeitable benefits. Increases from $2.60 to $6.00 the annual premium rate payable to the Pension Benefit Guaranty Corporation by single-employer plans for plan years beginning after December 31, 1982. Authorizes the Corporation to establish annual premiums in accordance with revised rate bases. Amends the Act to require congressional approval of revised premium schedules by a joint resolution (currently a concurrent resolution is required.) Directs the Congressional Research Service of the Library of Congress to study the premiums established under the single-employer pension plan termination insurance program set forth in Title IV of ERISA. Requires submission of a report and recommendations to the Congress within two years. Authorizes appropriations. Prescribes procedural guidelines for the termination of single-employer plans by plan administrators. Requires a plan administrator to warn plans maintained under collective bargaining agreements that a notice of intent to terminate within a specified time will be filed with the Corporation. Grants the employee organization representing plan participants the right to object to such termination. Prohibits the plan administrator from filing a notice of intent to terminate if such employee organization files a written objection to the proposed termination within a specified period. Voids any notice of intent to terminate which violates these prescriptions. Prescribes procedures under which single-employer plans may terminate under a standard termination. Imposes upon standard terminations the same prior notice requirement that is placed upon plans maintained under collective bargaining agreements. Requires the plan administrator to include with the notice-of-intent-to-terminate a statement of the current values of: (1) plan assets; (2) nonforfeitable benefits; (3) accrued benefits; and (4) the actuarial assumptions and techniques used in determining the values of such assets and benefits. Sets benefit accrual guidelines for services performed after the termination date. Requires contributing sponsors (or members of their controlled groups) to contribute additional amounts necessary to pay all the benefits due for the appropriate plan year if a plan has insufficient assets on the standard termination date to pay such benefits. Allows the closing out of a single-employer plan in a standard termination if the plan has enough assets to pay all the benefits to which participants would have been entitled had they separated from service on a certain distribution date. Requires the plan administrator to send notice of the final distribution date to the Corporation, each plan participant, and each employee organization representing plan participants. Requires such notification to include certification by an enrolled actuary of the plan asset amounts, and of the present value of nonforfeitable plan benefits. Requires the final distribution of plan assets to fully satisfy the payment of all outstanding benefits. Limits the cessation of benefit accruals to standard termination cases only. Considers failure to satisfy the requirements of the minimum funding standards to be a failure on the part of each contributing sponsor (and each member of such sponsor's controlled group) to meet an outstanding obligation. Prescribes procedures for the termination of single-employer plans under a "distress termination." Requires notification of the intent to terminate under distress. Conditions the validity of such termination upon: (1) an indication in the benefit plan that all contributing sponsors (and each member of such sponsors' controlled groups) have assumed termination trust obligations; and (2) receipt of notice by the plan administrator that the Corporation has made specified determinations. Requires all plans maintained by contributing sponsors or by substantial members of such sponsors' controlled groups to have been granted funding waivers by the Internal Revenue Service for three of the five plan years preceding the termination, including the most recently completed plan year. Requires the contributing sponsors and each substantial member of their controlled groups to have filed a liquidation petition (under either State or Federal law) which has not been dismissed or converted under the Federal bankruptcy code. Requires the contributing sponsor to present substantial evidence to the Corporation that unless a distress termination is granted, such sponsor and each substantial member of the sponsor's controlled groups will be unable to pay outstanding debts and continue in business. Requires the plans maintained by the contributing sponsor and each substantial member of the sponsor's controlled group to show that the ratios of required pension contributions to gross income and to total annualized wages have doubled within a certain period. Defines a "substantial member" of a controlled group as a person whose assets comprise five percent or more of such group's total assets. Subjects the effectiveness of distress terminations to the condition that the Corporation be satisfied it will receive from the appropriate liable employers the outstanding amounts in an acceptable form. Requires the Corporation to: (1) determine by a specified time whether the plan's assets are sufficient to discharge all basic benefit obligations when they fall due; and (2) to notify the plan administrator of its findings. Precludes any service performed after the distress termination date from being taken into account for any benefit plan purposes. Voids any distress termination based solely upon the filing of a liquidation petition if the case was either dismissed or converted to a case under the reorganization provisions of Federal bankruptcy law. Requires the Corporation to institute court proceedings to terminate a single-employer plan if it finds that the plan is either unable to pay benefits when due, or has been abandoned. Establishes a termination trust for single- employer plans terminated under a distress termination. Requires contributing sponsors of such plans (and members of their controlled group) to fund such trusts with annual contributions. Prescribes procedure for the payment from the trust to eligible benefit plan participants. Includes termination trusts within the ERISA definition of "employee welfare benefit plan." Authorizes a plan administrator to restore terminated single-employer plans to pretermination status, under procedures prescribed by the Corporation. Imposes primary liability upon persons who are contributing sponsors (or members of such sponsor's controlled group) upon the termination date of a plan terminated by either the plan administrator or by the Corporation. Imposes joint and several liability upon persons who were under common control upon such termination date. Establishes liability to the Corporation for the amount of: (1) unfunded guaranteed benefits under the plan as of the termination date; (2) total unpaid contributions due as of the termination date (including contributions for which waivers were granted); and (3) unpaid contributions which would have been due but for the filing of a bankruptcy petition under Federal or State bankruptcy laws. Sets formulae for the computation and payment of such liability. Makes contributing sponsors and members of their controlled group liable for annual contributions to a plan's termination trust. Imposes contingent liability upon a formerly obligated contributing sponsor (or controlled group member) if a single-employer plan to which obligations were transferred is itself terminated. Imposes joint and several liability upon formerly obligated persons for five years. Extends the period of contingent liability to ten years upon bankruptcy, liquidation, receivership, or an assignment for the benefit of creditors. Imposes contingent liability upon: (1) formerly obligated sponsors, if one single-employer plan is transferred to another; (2) each member of a formerly contributing sponsor's controlled group, if such sponsor has stopped contributing; (3) the departing member of a controlled group, if any other member in such controlled group is a contributing sponsor; and (4) each remaining controlled group member for the benefit obligations of a departing contributing sponsor. Specifies exemptions to contingent liability. Authorizes the Corporation to prescribe regulations imposing similar contingent liability on composite single-employer plans. Provides guidelines for the amount and payment of contingent liability. Authorizes the amortization of contingent liability payments for a maximum of fifteen years. States that persons who are secondarily liable are also liable for the annual termination trust contributions. Provides for recourse of contingently liable persons against other liable persons. Sets guidelines under which: (1) contingent liability may be reduced; and (2) exemptions from contingent liability may be granted. Exempts from contingent liability persons who remain primarily liable. Authorizes the Corporation to waive or grant variances for liability upon a determination that its interests are adequately protected. Directs the Corporation to consolidate all civil actions involving any one single-employer plan termination in a single Federal court. Creates a lien in favor of an affected single-employer plan if the Internal Revenue Service grants a waiver of the plan's minimum funding standards. Provides guidelines for the satisfaction of such lien. Authorizes the Corporation to bring a civil action to: (1) enjoin violations; (2) obtain equitable relief; or (3) enforce termination provisions. Authorizes specified interested parties who are adversely affected by a violation of the plan termination provisions to bring a civil action for: (1) enjoinment; (2) redress; (3) enforcement; or (4) other equitable relief. Makes a single-employer plan amenable to suit as an entity. Grants Federal district courts exclusive jurisdiction over such civil actions, without regard to the amount in controversy, or the citizenship of the parties. Authorizes the court to award attorney's fees to the prevailing party. Treats corporate reorganizations designed to evade or avoid pension plan liability as though the reorganized corporate entity were the same as the entity to which this Act originally applied. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to conform to title I of this Act. Allows a deduction from gross income for payments of contingent liabilities in connection with terminated plans. Makes termination trusts tax-exempt organizations.
United States · United States Congress · 4 August 1983
Davis-Bacon Reform Act of 1983 - Amends the Davis-Bacon Act to increase from $2,000 to $1,000,000 the threshold dollar amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics. Amends the Copeland Anti-Kickback Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning and conclusion of the period covered by the contract, instead of every week as the wages are paid.
United States · United States Congress · 4 August 1983
Wine Equity Act of 1983 - Requires the President to direct the U.S. Trade Representative (USTR) to negotiate the harmonization of tariff and nontariff barriers on wine with each designated major trading country. Requires negotiations with designated major trading countries which do not export wine to the United States in order to eliminate all tariff and nontariff trade barriers of such countries to the importation of U.S. wine. Requires the President to impose tariff and nontariff trade barriers equal or substantially equivalent to the barriers applied by a designated major trading country if such country does not provide harmonization to U.S. produced-wine with 180 days of the country's designation as a designated major trading country. Provides for removing such U.S. tariff and nontariff barriers. Requires the USTR to report to specified congressional committees at the beginning and end of each negotiation. Requires the USTR to consult with such committees to identify further tariff and nontariff barriers to and potential markets for U.S. wine. Provides for assistance for the USTR from other Federal agencies.
United States · United States Congress · 3 August 1983
Authorizes the Secretary of the Interior, upon request, to perform studies of hazardous canals, laterals, or drains to determine methods of reducing or eliminating such hazards. Requires the installation studied to be part of a Federal reclamation project. Authorizes the Secretary to construct any modification needed to reduce the safety hazard. Provides that no Federal funds shall be expended unless: (1) the installation is part of a Federal reclamation project; (2) the Secretary has contracted with the principal beneficiaries for payment of all reimbursable construction costs; and (3) appropriate municipal and county governments have enacted certain ordinances relating to underground conduits or safety fencing. Authorizes appropriations.
United States · United States Congress · 20 July 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Margaret Truman Daniel, daughter of Harry S. Truman, in recognition of the lifetime of outstanding public service he gave to the United States. Commemorates his one hundredth birthday which will be celebrated on May 8, 1984. Authorizes appropriations.
United States · United States Congress · 20 July 1983
Amends title XVIII (Medicare) of the Social Security Act to provide that nursing care and home health aid services may be provided on a daily basis as home health services for up to 90 days with monthly physician certification of the need for such services, and after the 90 day period, on a physician certification of exceptional circumstances. Limits to 20 the number of home health service visits covered under Medicare in the case of individuals who were furnished certain home health services but continue to need nursing care or the services of a home health aide.
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 · 6 June 1983
Expresses the sense of the House of Representatives that hospice care is a necessary and humane alternative to traditional health care for the terminally ill.
United States · United States Congress · 1 June 1983
Entitles surviving American prisoners of war who were held by the Japanese during World War II and who took part in the Bataan death march in the Philippine Islands to bring a class action suit in the United States Claims Court against the Government of Japan or any Japanese business entity enriched by the forced labors of such prisoners.
United States · United States Congress · 1 June 1983
Expresses the sense of the Congress that the continuing possibility that the provisions of the Internal Revenue Code relating to withholding of tax from interest and dividends will be repealed is creating, for all payors, an undue hardship within the meaning of the Tax Equity and Fiscal Responsibility Act of 1982, and that the Secretary of the Treasury should exercise his authority under such Act to delay the effective date of such provisions until December 31, 1983.
United States · United States Congress · 24 May 1983
Hazardous Waste Reduction Act of 1983 - Title I - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to States to assist States in: (1) carrying out hazardous waste enforcement programs under the Solid Waste Disposal Act; (2) carrying out remedial actions and other response measures necessary with respect to the release, or substantial threat of release, of any pollutant or contaminant from a facility not on the 400 top priority known response targets list but which the State determines may present an imminent and substantial danger to the public health or welfare; and (3) providing technical assistance to companies engaged in the recycling of hazardous substances. Requires that at least $200,000,000 of the amounts appropriated to the Hazardous Substance Response Trust Fund shall be reserved to make such grants to States. Revises provisions for audits by each Inspector General of each department or agency delegated responsibility to obligate money in the Hazardous Substance Response Trust Fund. Directs each such Inspector General to report annually to the President and the Congress on such auditing of the Fund and to specifically identify any improper uses of the Fund. Provides for reimbursement to the Fund for any improper expenditures. Extends through FY 1995 the authorization of appropriations for the Fund. Increases the yearly amount of such authorization of appropriations for FY 1986 through 1995 (above the yearly amount currently authorized through FY 1985). Amends the hazardous waste management provision of the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to establish a hazardous waste quantity assessment program. Directs the Administrator, in cooperation with the Secretary of the Treasury and the States, to develop and implement methods to estimate the quantities of hazardous waste which are generated in each calendar year, on the basis of specified data. Directs the Administrator to report at least annually to the Congress, comparing the quantities of hazardous waste estimated to have been generated during the preceding calendar year and the quantities of waste on which the recycling incentive tax on disposal of hazardous wastes was paid. Title II - Amends the Internal Revenue Code to replace (effective October 1, 1985) the environmental taxes on petroleum and chemical feedstocks with a recycling incentive tax on disposal of hazardous wastes (effective for FY 1985 through 1995). Sets forth tables for determining the amount of such tax. Distinguishes between: (1) toxic and nontoxic hazardous waste; (2) waste disposal before and after the end of FY 1990; and (3) disposal of waste and storage of waste for more than one year. Imposes such tax on the person disposing of such waste. Sets forth requirements for records, statements, and returns relating to such tax. Authorizes the Secretary of the Treasury to prescribe any such requirements, as necessary, for persons involved in the treatment, storage, or disposal of hazardous wastes. Extends through FY 1995 the authority to collect taxes conferred by the Superfund Act.
United States · United States Congress · 24 May 1983
United States Caribbean Possessions Act - Title I: Eastern Caribbean Regional Development Fund - Lists countries which the President shall consider in designating beneficiary countries for purposes of this title. Prohibits the President from designating a country a beneficiary country: (1) if such country is a communist country; (2) if the country has taken certain expropriating actions against property owned by U.S. citizens; (3) if the country fails to act in good faith with respect to arbitral awards involving U.S. citizens or companies; (4) if the country affords preferential treatment to a developed country other than the United States which adversely affects U.S. commerce unless the President receives certain assurances; (5) if a government-owned entity in such country engages in the broadcast of copyrighted material belonging to U.S. copyright owners without their express consent; and (6) unless such country is party to a treaty regarding the extradition of U.S. citizens. Lists factors the President shall take into account in determining whether to designate a country a beneficiary country. Prohibits the President from terminating the designation of a country as a beneficiary country unless, at least 60 days before the termination, the President has notified the Congress and the beneficiary country of such determination. Directs the President to withdraw or suspend the designation of a country as a beneficiary country if, because of changed circumstances, the country would be barred from designation as a beneficiary country. Establishes in the Treasury the Eastern Caribbean Regional Development Fund. Appropriates to the Fund the amount of money collected from: (1) the import duties on articles entered from beneficiary countries; and (2) the taxes on rum imported into the United States from beneficiary countries. Authorizes the Administrator of the Fund to allocate and distribute the moneys in the Fund to island beneficiary countries. Sets forth the method of allocation. Title II: Tax and Tariff Provisions - Amends the Internal Revenue Code to require that if the amount of taxes collected on rum imported into the United States from beneficiary countries exceeds the amount needed in the Eastern Caribbean Regional Development Fund the excess shall be covered into the treasuries of Puerto Rico and the Virgin Islands. Prohibits granting duty-free treatment to bulk rum manufactured outside the United States, its territories, or possessions.
United States · United States Congress · 24 May 1983
Expresses the sense of the Congress that: (1) restoration of a stable monetary system is necessary to assure economic growth and to maintain a liberal international economic system; (2) the Secretary of the Treasury should review his call for an international conference on the monetary system; (3) the International Monetary Fund should make use of its current assets and revise the conditions placed on its loans; (4) additional financial resources should be made available through bilateral arrangements; and (5) U.S. banks should be required to adjust the value of loans on which interest payments are not received and be allowed to increase deductible loss reserves in order to make such write-downs without endangering the banking system.
United States · United States Congress · 12 May 1983
Authorizes the Administrator of Veterans Affairs to reimburse eligible veterans for reasonable charges for chiropractic services. Directs the Administrator to establish a schedule of reasonable charges. Requires the Administrator to make annual reports to the Veterans Affairs Committees for four years concerning the use and reimbursement of chiropractic services.
United States · United States Congress · 11 May 1983
Provides for the addition of approximately 20 acres to the Sandia Mountain Wilderness in New Mexico. Permits the continuance of the existing diversion dam and related facilities. Requires that upgrading of such dam be completed within four years of the enactment of this Act, unless the Secretary of Agriculture determines that an extension of time for reconstruction is necessary and in the public interest.
United States · United States Congress · 11 May 1983
Amends the Internal Revenue Code to provide that certain married individuals are eligible for the deduction for retirement savings on the basis of the earnings of their spouse.
United States · United States Congress · 4 May 1983
Amends the Internal Revenue Code to allow an income tax deduction for amounts paid or incurred in maintaining a household for a dependent of the taxpayer who has attained the age of 65. Limits the deduction to $2,000.
United States · United States Congress · 28 April 1983
National Outdoor Recreation Resources Review Act of 1983 - Establishes a National Outdoor Recreation Resources Review Commission to evaluate existing and potential public outdoor recreation policies, programs, and opportunities and to recommend outdoor recreation policies and activities which should be instituted at the Federal, State, and local levels and by the private sector in order to protect existing recreation resources and to meet future recreation needs. Requires the Commission to report its findings and recommendations to the President and Congress within 18 months after its establishment. Terminates the Commission six months after submission of its report. Authorizes appropriations.
United States · United States Congress · 28 April 1983
United States Fish and Wildlife Foundation Establishment Act - Charters and incorporates, as a nonprofit and charitable corporation, the United States Fish and Wildlife Foundation (the Foundation) which shall encourage, accept, administer or transfer private gifts of real or personal property, and acquire real or personal property for the benefit of the United States Fish and Wildlife Service. Directs the Foundation to undertake and conduct activities which further the conservation and management of fish and wildlife resources. States that the Foundation will not be an agency or establishment of the U.S. Government. Sets forth provisions concerning: (1) the Board of Directors of the Foundation; (2) the rights and obligations of the Foundation; (3) exemptions from taxation; (4) administrative services and support; (5) volunteers; and (6) accounting and reporting requirements, and petition of the Attorney General for equitable relief. Exempts the United States from all debts, defaults, acts, or omissions of the Foundation. States that the right to repeal, alter, or amend this Act at any time is expressly reserved to the Congress. Authorizes appropriations for ten years.
![Official portrait of Rep. Lujan, Manuel, Jr. [R-NM-1]](https://www.congress.gov/img/member/l000506_200.jpg)