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United States · Official source
6,804 records where Rep. Oberstar, James L. [D-MN-8] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 15 June 1983
Directs the Secretary of the Treasury to strike gold, silver, or bronze medals to commemorate the 1984 Louisiana World Exposition.
United States · United States Congress · 14 June 1983
Pipeline Structural Integrity Act of 1983 - Amends the Hazardous Liquid Pipeline Safety Act of 1979 and the Natural Gas Pipeline Safety Act of 1968 to direct the Secretary of Transportation to require the testing and inspection of pipeline facilities subject to the provisions of such Acts at least once every five years. Requires the frequency and type of testing and inspection to be determined by the Secretary on a case-by-case basis.
United States · United States Congress · 14 June 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: (1) a new intermediate-level adjudication process; and (2) an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 14 June 1983
Designates the week beginning August 7, 1983, as National Correctional Officers Week.
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 · 9 June 1983
Civilian Nuclear Power Regulation Improvement and Safety Incentives Act of 1983 - Amends specified provisions of the Atomic Energy Act of 1954 (which incorporate the Anderson-Price Atomic Energy Damages Act) to eliminate the ceiling on the aggregate liability for a single nuclear incident of persons indemnified. Requires the Nuclear Regulatory Commission (NRC), with respect to nuclear incidents, to incorporate provisions in indemnity agreements with licensees and contractors and to require provisions to be incorporated in insurance policies or contracts furnished as proof of financial protection which waive: (1) issues or defenses as to conduct of the claimant or fault of the persons indemnified; (2) issues or defenses as to charitable or governmental immunity; or (3) issues or defenses based upon any statute of limitations. Eliminates the requirement that a suit be filed within ten years after a nuclear incident in order for a waiver of a defense based upon a statute of limitations to be effective. (Under current law, the NRC may incorporate such waiver provisions and may require the incorporation of such provisions with respect to extraordinary nuclear occurrences.)
United States · United States Congress · 9 June 1983
Comprehensive Health Care Improvement Act of 1983 - Title I: Qualified Health Insurance Plans - Part A: Definitions and Standards for Qualified Plans - Sets forth definitions used in this title. Defines a "plan of health coverage" as any plan or combination of plans, including combinations of self-insurance, individual accident and health insurance policies, group accident and health insurance policies, coverage under a nonprofit health service plan, or coverage under a health maintenance organization (HMO) subscriber contract. Directs the Secretary of Health and Human Services to establish standards for qualified plans and procedures for the review and certification of plans of health coverage as qualified plans. Provides that a plan shall be certified as an "A" qualified plan if it meets any applicable State requirements with respect to accident and health insurance plans or nonprofit health service plans and meets or exceeds the following minimum standards: (1) the minimum benefits for a covered individual are equal to at least 80 percent of the covered expenses in excess of an annual deductible not exceeding $150.00 per person; (2) the coverage includes a limitation of $3,000 per person on total annual out-of-pocket expenses for covered expenses; (3) the coverage is subject to a maximum life-time benefit of not less than $250,000 for covered expenses; and (4) the $3,000 limitation (above) and the $250,000 benefit limit (above) are not subject to change or substitution by use of an actuarially equivalent benefit. States that covered expenses are the usual and customary charges of a physician or chiropractor. Defines covered services as the following services and articles: (1) hospital services; (2) professional services for the diagnosis or treatment of injuries, illnesses, or conditions (other than outpatient mental or dental care) which are rendered by a physician or at a physician's direction; (3) drugs requiring a physician's prescription; (4) services of a nursing home for not more than 120 days in year if the services would qualify as reimbursable services under title XVIII (Medicare) of the Social Security Act; (5) services of a home health agency if the services would qualify as reimbursable services under title XVIII of the Social Security Act; (6) use of radium or other radioactive materials; (7) oxygen; (8) anesthetics; (9) prostheses, other than dental; (10) rental or purchase, as appropriate, of durable medical equipment, but not including eyeglasses and hearing aids; (11) diagnostic X-rays and laboratory tests; (12) oral surgery for partially or completely unerupted impacted teeth, for a tooth root without the extraction of the entire tooth, or for the gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth; (13) services of a physical therapist; (14) transportation provided by licensed ambulance service to the nearest facility qualified to treat the condition; (15) well baby care; (16) physicians' services for routine checkups and annual physicals when prescribed by a physician; (17) multiphasic screening and other diagnostic testing, within such reasonable limits on the reimbursement required for such services as the Secretary shall prescribe; (18) a second opinion from a physician on all surgical procedures expected to cost a total of $500 or more in physician, laboratory, and hospital fees, but the coverage need not include the repetition of any diagnostic tests for such an opinion; and (19) professional services of a chiropractor. Excludes from coverage: (1) any charge for which benefits are payable under any other type of insurance or compensation; (2) cosmetic surgery; (3) custodial or domiciliary care not qualifying under Medicare; (4) private rooms, except if medically necessary; (5) any part of any charge exceeding the locally prevailing charge; and (6) charges for services rendered by an individual or institution which are not within the individual's or institution's authorized scope of practice. Deems HMOs to be providing an "A" qualified plan. Certifies as a "B" qualified plan a plan which meets the requirements of an "A" plan, except that the annual deductible does not exceed $500 per person. Certifies a plan as a "C" plan if it meets the requirements of an "A" plan, except that the annual deductible does not exceed $1,000 per person. Provides that a plan which provides benefits to persons over age 65 shall be certified as a qualified Medicare supplement plan if it limits annual out-of-pocket expenses to a maximum of $1,000 per person, is designed to complement or supplement Medicare, and provides coverage: (1) of 50 percent of the required Medicare deductibles and copayments; (2) of 80 percent of charges for covered services of an "A" qualified plan not paid under Medicare; and (3) which is not subject to a maximum lifetime benefit of less than $100,000. Directs the Secretary, to the extent feasible, to provide for the review and certification by the insurance commissioner of each State of qualified plans to be offered in the State if the Secretary is provided assurances that such review and certification will comply with the requirements of this Act. States that the sale of plans are in and affect interstate commerce and that in order to properly regulate such sales, it is necessary to regulate such sales in intrastate, as well as interstate, commerce. Requires every plan of health coverage sold to be labelled as "qualified" or "nonqualified" on the front of the policy. Part B: Requiring Offering of Certain Qualified Plans - Requires each employer employing an average of ten or more employees annually to make available a plan or combination of plans of health coverage which: (1) has been certified as an "A", "B", or supplemental plan; (2) is a qualified convertible plan; and (3) permits coverage of an employee's spouse and children. Defines a "qualified convertible plan" as a plan of health coverage which: (1) permits each enrolled individual to convert the plan to an individual qualified plan without the addition of underwriting restrictions if, for any reason, the individual leaves the group; and (2) permits, in the case of the death of the individual in whose name the contract was issued, other individuals covered under the plan to continue coverage without the addition of underwriting restrictions. Sets forth civil penalties for noncompliance with this part. Excludes from the term "employer," for purposes of this part, a State or any political subdivision of a State. Part C: Offering of Comprehensive Health Insurance and Qualified Medicare Supplement Plans by States - Sets forth definitions used in this part. Amends title XIX (Medicaid) of the Social Security Act to require the establishment and operation of a comprehensive health association in each State and a comprehensive health plan in each State, in accordance with this part of this Act. Defines a "comprehensive health insurance plan" to mean policies of insurance and contracts of HMO coverage offered by an association through the writing carrier in the State. Defines the "writing carrier" as the insurers and HMOs approved to administer the comprehensive health insurance plan. Provides that each State commissioner of insurance, consistent with any regulations the Secretary may promulgate: (1) may formulate general policies to advance the purposes of this title; (2) shall supervise the creation of the State comprehensive health association; (3) shall approve the selection of the writing carrier by the association in the State and approve the association's contract with the writing carrier, including the State plan coverage and premiums to be charged; (4) may appoint advisory committees with respect to implementation of this part; (5) shall conduct periodic audits to assure the general accuracy of the financial data submitted by the writing carrier and the association in the State; (6) shall contract with the Federal Government and may contract with any other unit of government to ensure coordination of the State plan of the association with other governmental assistance programs; (7) may undertake, directly or through contracts with other persons, studies or demonstration programs to develop awareness of the benefits provided under this Act, so that residents of the State may best avail themselves of the health care benefits provided hereunder; (8) may contract with insurers and others for administrative services; and (9) may adopt, amend, suspend, and repeal rules as reasonably necessary to carry out and make effective the provisions and purposes of this part. Requires each State to provide for the establishment of a comprehensive health association with membership consisting of all insurers, self-insurers, fraternal beneficiary associations, and HMOs authorized or licensed to do business in the State. Exempts each association from State taxation. Provides for a board of directors of each association. Requires that all members of an association to: (1) maintain their membership in the association as a condition of doing accident and health insurance, self-insurance, or HMO business in the State; and (2) enter into a reinsurance contract with the association as required by this part. Exempts members of an association, in the performance of their duties as members, from Federal and State antitrust laws. Authorizes each association to provide for the reinsuring of risks incurred as a result of issuing qualified plans by members of the association. Requires each member which elects to reinsure its risks to determine the categories of coverage it elects to reinsure in the association. Provides that the categories consist of: (1) individual qualified plans, excluding group conversions; (2) group conversions; (3) group qualified plans with fewer than 50 employees or members; and (4) major medical coverage. Requires each association through its comprehensive health insurance plan to offer: (1) policies which provide the benefits of an "A", "B", and "C" qualified plans and of a qualified Medicare supplement plan; and (2) HMO contracts in those areas of the State where an HMO has agreed to make the coverage available and has been selected as a writing carrier. Requires the comprehensive health insurance plan for a State to be open for enrollment by individuals residing in the State, who can enroll by submitting a certificate of eligibility to the writing carrier which certifies the applicant's name, address, age, length of residence, dependents to be insured, and type of coverage desired. Provides that upon certification the individual can enroll in a State's comprehensive health insurance plan by payment of the State plan premium to the writing carrier. Requires each member of an association to share the claims expenses for approved plans and the operating and administrative expenses incurred by the association, pursuant to the terms of the individual reinsurance contracts executed by the association with each member. Sets forth a method to determine each member's share of expenses. Authorizes any member of an association in a State to submit for approval to the State commissioner the policies of accident and health insurance or the HMO contracts which are being proposed to serve in the comprehensive health insurance plan. Authorizes the association to select approved policies and contract to be the comprehensive health insurance plan based upon the member's proven ability to handle large group accident and health insurance cases, claim paying capacity, and estimate of total charges for plan administration. Requires each writing carrier to: (1) perform all required administrative and claims payment functions; and (2) report monthly to the association and State commissioner. Exempts premiums received by a writing carrier for the comprehensive health insurance plan from State taxation. Requires each association in a State to disseminate information to State residents regarding the existence of the comprehensive health insurance plan and the means of enrollment. Requires each writing carrier to pay an agent's referral fee, in an amount to be determined by the association, to each insurance agent referring an applicant to the State comprehensive health insurance plan, if the application is accepted. Title II: Program of Assistance to States for Assisting Low-Income Individual to Purchase Comprehensive Health Insurance - Comprehensive Health Insurance Assistance Act of 1983 - Adds a new title XXI to the Social Security Act entitled "Grants to States for Assistance to Low-Income Individuals in the Purchase of Comprehensive Health Insurance." Authorizes appropriations under title XXI to enable each State to provide assistance to low-income individuals in the purchase of comprehensive health insurance under title XXI. Specifies the amount authorized for each fiscal year. Requires the sums made available under this title to be used to make payments to States which have submitted, and had approved by the Secretary, State plans for comprehensive health insurance assistance to low-income individuals. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either assistance under the plan to low-income individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $1.25 and the State's population. Requires a State plan for comprehensive health insurance assistance to low-income individuals, in order to be approved by the Secretary, to: (1) be in effect in all political subdivisions of the State; (2) provide for financial participation by the State equal to at least 40 percent of the non-Federal share of the expenditures under the plan with respect to which payments that are authorized, and provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources for carrying out the State plan on an equalization or other bases which will assure that the lack of adequate funds from local sources will not result in a lowering of assistance; (3) provide for the designation of an appropriate State agency to administer the plan; (4) designate an appropriate State agency to administer the plan; (5) prevent the disclosure of information for purposes not connected with the plan; (6) provide for reports to the Secretary; (7) make assistance available to low-income individuals to purchase plans; (8) establish reasonable standards for determining eligibility for and the extent of assistance; (9) make available the opportunity to apply for assistance to any individual; and (10) grant an opportunity for a fair hearing before a State agency to any individual whose claim for assistance under the plan is denied or not acted upon with reasonable promptness. Prohibits payments to a State if, after notice and opportunity for a hearing, the Secretary finds that a State's plan is not in compliance with the provisions of this Act. Sets forth civil and criminal penalties for false statements, misrepresentations, concealments, and conversions made in connection with the application for, sale of, or receipt of benefits under a plan. Authorizes the Secretary to approve a State's Medicaid plan which provides that, in determining the income and resources of a married couple where one spouse is in a skilled nursing or intermediate care facility, there may be disregarded from income and resources such portion thereof as the State determines. Title III: Program of Assistance to States for Assisting Individuals Who Incur Catastrophic Expenses for Health Care - Catastrophic Health Care Expenses Assistance Act of 1983 - Amends the Social Security Act to add a new title XXII entitled "Grants to States for Assistance to Individuals Incurring Catastrophic Expenses for Health Car". Authorizes to be appropriated for each fiscal year to enable each State to furnish medical assistance for catastrophic illness. Requires a State to have submitted and had approved by the Secretary a plan for medical assistance for catastrophic illness. Directs the Secretary to pay each State with an approved plan, from the sums appropriated, an amount equal to 50 percent of the sums expended which are attributable either to payments made under the plan to eligible individuals or to plan administration. Prohibits such amount, during any quarter, from exceeding the product of $0.25 and the States' population. Prohibits payment with respect to expenses: (1) if the charges on which the expenses are based are not reasonable; (2) for inpatient hospital services if the charge exceeds the hospital's customary charge; (3) for health services which were not medically necessary; (4) for services provided by a provider not in compliance with appropriate regulations; (5) for services provided by a hospital or skilled nursing facility if the appropriate utilization review plan is not in effect; or (6) for which a private insurer would be obligated but for a provision in its contract which limits its obligation if an individual is covered under this title. Requires that a State plan for medical assistance for catastrophic illness, in order to be approved by the Secretary, shall: (1) be in effect in all political subdivisions of the State; (2) provide for financial participation by the State equal to at least 40 percent of the non-Federal share of the expenditures under the plan with respect to authorized payments, and provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization or other bases which will assure that the lack of adequate funds from local sources will not result in a lowering of assistance; (3) provide for the designation of an appropriate State agency to administer the plan; (4) designate an appropriate State agency to administer the plan; (5) prevent the disclosure of information for purposes not connected with the plan; (6) provide for reports to the Secretary; (7) provide for paying at least 90 percent of all qualified expenses annually of an eligible individual and the individual's dependents in excess of the greater of $2,500 (or a lower amount which the State may establish) or the sum of 30 percent of household income under $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages, or such higher incomes, as the State may establish); (8) provide for paying 100 percent of all qualified nursing home expenses of an eligible individual and the individual's dependents in excess of 20 percent of household income (or such lower percentage as the State may establish); (9) prohibit charging any premiums, copayments, or deductibles, except as provided above; (10) provide safeguards against excessive charges and the unnecessary utilization of services; (11) establish reasonable standards for determining eligibility for and the extent of assistance; (12) make available the opportunity to apply for assistance to any individual; (13) grant an opportunity for a fair hearing before a State agency to any individual whose claim for assistance under the plan is denied or not acted upon with reasonable promptness; (14) seek reimbursement from any legally liable third party; and (15) provide that payment for services shall be made only to providers and beneficiaries. Prohibits payments to a State if, after notice and opportunity for a hearing, the Secretary finds that a State's plan is not in compliance with the provisions of this Act. Sets forth definitions used in this title. Defines an "eligible individual" as an individual who incurs an obligation to pay in a consecutive twelve month period: (1) expenses (including dependent's expenses) exceeding the greater of $2,500 (or such lower amount as the State may establish) or 30 percent of household income up to $15,000, plus 40 percent of household income between $15,000 and $25,000, plus 50 percent of household income in excess of $25,000 (or such lower respective percentages of such incomes, or of such higher incomes as the State may establish); or (2) nursing home expenses exceeding 20 percent (or such lower percentage as the State may establish) of household income. Sets forth civil and criminal penalties for false statements, misrepresentations, concealments, and conversions made in connection with the application for or right to the assistance provided under this title.
United States · United States Congress · 8 June 1983
Health Care Cost Control Act of 1983 - Amends the Social Security Act by adding a new title XXI entitled "Control of Health's Escalating Costs." Prohibits, as a general rule, the total inpatient revenues of a hospital for any accounting period from exceeding the total inpatient revenues from the hospital's base accounting period by a percentage which is greater than the compounded sum of the percentage limits computed under such title for that accounting period and previous accounting periods of the hospital after the base accounting period. Sets forth the method for determining the percentage limitation. Provides, upon the request (and subsequent approval of such request) of an organization owning two or more hospitals in a State, that the limits under such title on total revenues shall be computed and applied in the aggregate for the organization's hospitals with the same accounting period in the State, rather than on each hospital. Prohibits a hospital from changing its admission practices in a manner which results in: (1) a significant reduction in patients who have no third-party coverage and who are unable to pay; (2) a significant reduction in admissions for which payment is (or is likely to be) less than the anticipated charges; (3) the refusal to admit patients who would be expected to require unusually costly care; or (4) the refusal to provide emergency services if the hospital provides such services. Prohibits the charges, the amount recognized as the reasonable charge under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of such Act, and the schedule of Medicaid (title XIX of the Act) payment of a person furnishing outpatient services or of a person furnishing physicians' services to an inpatient of a hospital or other medical institution from exceeding the customary charge, the amount recognized as the reasonable charge under part B of title XVIII, or the schedule of Medicaid payments, respectively, of the person for furnishing such service as established as of January 1, 1983, by a percentage greater than the applicable percentage (computed under this title) for the calendar quarter in which the service is furnished. Prohibits the average reimbursement payable per unit of service to a hospital by a cost payer for outpatient services from exceeding the average reimbursement payable to the hospital per unit of service by the cost payer as estimated as of January 1, 1983, by a percentage greater than the applicable percentage (computed under title XXI) for the calendar quarter in which the service is furnished. Sets forth the method for determining the applicable percentage. Directs the Secretary of Health and Human Services to provide for an analysis of the feasibility and desirability of providing for control of the inpatient costs of skilled nursing facilities and of intermediate care facilities. Sets forth civil penalties for a provider who exceeds the revenue limit and fails to deposit the excess in an escrow account. Requires a provider, in order to avoid a penalty for excess revenues, to establish an escrow account. Authorizes withdrawals if the provider's revenues fall below the applicable limit. Sets forth administrative and judicial review procedures for a provider adversely affected by an assessment. Prohibits reimbursement or payment under Medicare or Medicaid for services furnished by a provider exempted from cost control limits to the extent that the reimbursement or payment exceeds the limits. Authorizes a State to apply to administer the limitations imposed under title XXI with respect to services furnished by the State. Authorizes exemptions from cost control: (1) for demonstration purposes; or (2) for a State which has a hospital reimbursement control system. Increases the Federal medical assistance percentage by two percent for a State indicating an intention to submit a State health care cost control plan or administering a cost limitation program under title XXI. Authorizes a State to apply to the Secretary for the approval of a medical cost control plan for that State. Provides that in the case of any State with an approved plan: (1) the Secretary shall waive the requirements under Medicare for covered services furnished in that State; and (2) the Federal medical assistance percentage under the State's Medicaid program shall be increased by two percent. Requires a State plan to: (1) be administered in a manner that provides equitable treatment for all entities paying for covered health services, employees of hospitals, and patients receiving services; (2) provide required reports to the Secretary; and (3) permit health maintenance organizations (HMO'S) to negotiate lower rates for inpatient hospital services and other services. Authorizes a State plan to be mandatory or voluntary and to exempt hospitals and other persons from limits for demonstration purposes. Requires that the State plan apply to all payors and to at least 75 percent of all revenues or expenses for inpatient hospital services. Prohibits the amount of the total inpatient revenues from increasing at a rate greater than the permissible percentage increase based upon such amount determined for: (1) the previous year; (2) a typical year in the previous three years; or (3) the average of the previous three years. Directs the chief executive officer of a State to provide for the appointment of a panel consisting of seven members, with expertise in health care economics, to develop the methodology for establishing the permissible percentage increase. Requires the State plan to provide a procedure whereby, upon the request of a hospital, an adjustment can be made to the permissible percentage increase. Requires that the State plan: (1) provide for prospective payment of hospitals; (2) have a mechanism for providing fair hearings for hospitals aggrieved by determinations made under the plan; (3) assure that hospitals continue to meet Federal and State certification standards; and (4) provide assurances that hospital admission practices meet specified requirements. Requires the plan to provide for the development of schedules: (1) of maximum payment for outpatient services and for physicians' services furnished to inpatients; and (2) of maximum reimbursement for diagnostic laboratory and X-ray services. Requires the plan to provide for capitation payment to HMOs not in excess of the prevailing rates for comparable services of other providers. Provides that if a State does not have a State cost control plan for FY 1986, the Secretary shall publish a determination that either: (1) the cost limitation program shall apply; or (2) the Secretary shall establish and implement a cost control plan meeting the requirements of a State plan under title XXI. Requires Medicare assignment for physicians' services. Establishes an Advisory Committee on Health Care Technologies and Procedures to examine: (1) the appropriateness of the various interventions and conditions under which they are needed; (2) the safety and efficacy of alternative therapeutic and preventive regimens; and (3) the standards for availability and utilization of various technologies. Directs the Advisory Committee to report on whether or not payments should be made for such services. Sets forth definitions used in title XXI. Prohibits regulations determining reasonable cost from including any provision for specific recognition of a return on equity capital for certain proprietary facilities. Authorizes State demonstration projects which encourage the care of individuals who are chronically ill or severely disabled outside of institutions. Authorizes, in certain instances, the modification of demonstration project provisions so that a project need not maintain the rate of increase in Medicare hospital costs in a State below the national rate of increase in Medicare hospital costs.
United States · United States Congress · 8 June 1983
Amends the Clean Air Act to require any State within the acid rain mitigation area to provide for the control of acid deposition in its State implementation plan. Provides that such acid rain (or precipitation) mitigation area shall be the 31 States east of a line running south from the western borders of Minnesota, Iowa, Missouri, and Arkansas. Sets deadlines for: (1) such State submission of a plan meeting acid deposition control requirements (one year after enactment of this Act); and (2) approval of such plan by the Administrator of the Environmental Protection Agency (one year and four months after such enactment). Requires that if such deadlines are not met: (1) no plan shall be promulgated by the Administrator; and (2) electric utility steam generating units on specified lists must comply, within five years of such enactment, with an emission limitation for sulfur dioxide of one and two-tenths pounds per million British thermal units (Btu) on a 30-day average. Sets forth provisions for mitigation of acid precipitation. Directs the Administrator, within 90 days after the enactment of this Act, to publish: (1) a list of the 50 electric utility steam generating units located in the acid rain mitigation area which had the highest annual emissions of sulfur dioxide for the calendar year 1980 and which are not subject to standards of performance for new stationary sources; and (2) a list of all other electric utility steam generating units located in that area which have a generating capacity of more than 100 megawatts and which are not subject to standards of performance for new stationary sources. Requires each applicable implementation plan for each State in the acid rain mitigation area to establish a statewide program for reduction of net sulfur dioxide emissions from stationary sources located in that State, which will achieve a specified reduction in the total annual sulfur dioxide emissions by 1993. Requires that such reduction equal the reduction which would result if a specified schedule of requirements were applied to each unit listed. Permits the total emissions reductions required under the State program to be achieved by application of appropriate enforceable emission reduction techniques to: (1) the listed sources; or (2) any other sources of sulfur dioxide in the acid rain mitigation area. Requires the regulated sources to conduct continuous emissions monitoring and to make the data thus obtained available to the Administrator and the public. Permits substitution of a reduction of two units by weight in emissions of oxides of nitrogen to be substituted for each unit of required reductions in emissions of sulfur dioxide under this Act. Directs the Administrator to establish an emission reduction credit program for controlled trading by States within five emission reduction credit regions within the acid rain mitigation area. Authorizes the Administrator to carry out: (1) a full-scale demonstration of limestone-injection multistage burner technology on one or more 100 to 200 megawatt utility boilers; and (2) such other research and demonstration activities relating to appropriate innovative sulfur dioxide control technologies. Directs the Administrator to report the results of such research and demonstration activities to the Congress by September 30, 1985. Authorizes appropriations to carry out such research and demonstration activities and report.
United States · United States Congress · 8 June 1983
Urges President Andropov of the Soviet Union to immediately grant permission for Doctor Semyon Gluzman and his family to emigrate to Israel.
United States · United States Congress · 7 June 1983
Authorizes the President to present, on behalf of the Congress, to Mrs. Roy Wilkins a gold medal in recognition of the late Roy Wilkins.
United States · United States Congress · 7 June 1983
Amends the Energy Policy and Conservation Act to eliminate provisions which: (1) permit petitions to the Secretary of Energy for prescription of rules which supersede State energy efficiency standards; and (2) provide for supersedure of State energy efficiency standards prescribed after January 1, 1978.
United States · United States Congress · 7 June 1983
National Summit Conference on Education Act of 1983 - Authorizes appropriations to the Department of Education for conducting a National Summit Conference on Education. Sets forth provisions for appointment of participants to the Conference. Directs the Conference to develop recommendations in response to the findings of the National Commission on Excellence in Education and relating to specified areas of educational policy. Directs the Conference to transmit its recommendations to the President, the Congress, and State Governors by January 15, 1984.
United States · United States Congress · 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 · 3 June 1983
World Peace Tax Fund Act - Amends the Internal Revenue Code to permit conscientious objectors to designate their income, estate, or gift tax payments for nonmilitary purposes. Establishes within the Treasury a World Peace Tax Fund to receive such tax payments. Defines a conscientious objector as an individual who is opposed to war in any form and who has been exempted from combat training in the Armed Forces under the Military Selective Service Act, or who satisfactorily demonstrates that he is conscientiously opposed to war in any form. Requires tax forms to contain a checkoff for taxpayers who wish to claim conscientious objector status and designate their tax payments for the World Peace Tax Fund. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1979 if the taxpayer pays the tax and satisfactorily establishes that the nonpayment was due to his religious beliefs. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding fiscal year for military purposes. Requires the publication of such information in the Congressional Record. Establishes a World Peace Tax Fund Board of Trustees. Sets forth the membership structure and duties of the Board. Authorizes appropriations.
United States · United States Congress · 2 June 1983
Terminated Employee Pension Restoration Act of 1983 - Authorizes payment of a Federal annuity to persons (or spouses of such persons) who: (1) were participants in a private employee pension plan which was terminated before September 2, 1974; (2) had immediately before termination a nonforfeitable benefit under the plan; and (3) have not received payment in full of such benefit because of the plan's termination. Sets forth the method of computing the annuity. Directs the Secretary of Labor to approve a claim for such an annuity if the claim meets the Secretary's regulation and includes evidence establishing that the claimant is a qualified participant or a qualified spouse. Sets forth the procedure for review of denial of such an annuity claim. Directs the Secretary of the Treasury to make annuity payments to entitled individuals after the receipt of specified information from the Secretary of Labor. Authorizes the Secretary of Labor to work with other Federal agencies to avoid unnecessary expense and duplication of functions. Amends the Internal Revenue Code to require disclosure of tax return information to Labor Department employees for comparison of specified records in order to establish the validity of an annuity claim. Authorizes appropriations for FY 1984 to the Department of Labor to carry out its functions under this Act. Authorizes appropriations to the Department of the Treasury to make annuity payments under this Act beginning with FY 1984 and continuing until the last such payment is made.
United States · United States Congress · 2 June 1983
Safe Drinking Water Act Amendments of 1983 - Title I: Public Water Systems - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to promulgate recommended maximum contaminant levels and revised national primary drinking water regulations within specified time periods for: (1) each of 14 contaminants listed in 47 Federal Register 9352; (2) toxic water pollutants which are found in drinking water; and (3) other substances which may have an adverse effect on the health of persons. Sets forth requirements with respect to such contaminant levels and drinking water regulations. Requires the Administrator to list a contaminant and promulgate a revised drinking water regulation for such contaminant which requires the use of treatment techniques if such contaminant cannot be accurately enough measured in water to establish a maximum contaminant level. Authorizes the Administrator to enter into arrangements with independent scientific organizations to assist in the establishment of recommended maximum contaminant levels. Requires the Administrator to establish a program which shall require a representative sample of various public water systems to monitor for unregulated contaminants. Directs the Administrator to require the owner or operator of a public water system to give notice to persons served by it of contaminant levels of any unregulated contaminants required to be monitored. Requires the Administrator to enforce compliance with national primary drinking water regulations through civil actions or administrative orders with respect to public water systems, unless there is in effect a variance or an exemption. Revises the compliance schedules in the case of public water systems which have been granted an exemption from compliance with interim or revised national primary drinking water regulations. Permits extensions of such exemptions in certain cases. Sets forth procedural requirements with respect to administrative orders issued to enforce compliance with regulations, schedules, or other requirements under the Safe Drinking Water Act. Directs the Administrator to seek an injunction or to recover a civil penalty; or both, with respect to any person who fails to comply with such an administrative order. Prohibits any action by the Administrator, by a State, or by a court which would delay or make less stringent any requirement of a primary national drinking water standard. Permits the Administrator to commence a civil action or to issue an administrative order to enforce compliance in the case of a public water system which fails to comply with a national primary drinking water regulation beyond the thirtieth day after the date of a notice of noncompliance by the Administrator to the State having primary enforcement responsibility over such public water system. Authorizes the Administrator to provide technical assistance to small public water systems to enable them to achieve and maintain compliance with national drinking water regulations. Authorizes appropriations for such assistance for FY 1984 through 1987. Authorizes the Administrator to require, as a condition of a State exercising primary enforcement responsibility with respect to national drinking water regulations, that the State carry out technical assistance programs for small public water systems which are substantially similar to the Federal program. Provides that, in requiring a public water system to keep records with respect to the compliance with national primary drinking water regulations, the Administrator shall take into account the system size and the contaminants which are likely to be found in the system's drinking water. Sets forth criminal penalties for tampering with a public water system. Provides that notice by the owner or operator of a public water system which fails to comply with national primary drinking water regulations to the persons served by such system shall provide an explanation of such failure, the steps being taken to correct such failure, and the groups which should seek alternative water supplies until such failure is corrected. Requires each owner or operator of a public water system to also give annual notice to the persons served by it of the availability to the public of records and reports kept by such system with respect to compliance with the national primary drinking water regulations. Permits civil actions by public water systems and any other persons against any persons who are causing or contributing to the presence of a contaminant in the drinking water used by such systems or other persons if such contamination results in the water supply not meeting national primary drinking water regulations. Title II: Protection of Underground Sources of Drinking Water - Prohibits the disposal of hazardous waste by underground injection above, into, or under a formation which contains a drinking water source, unless it is established that such injection will not cause the hazardous waste to migrate into or otherwise endanger drinking water sources. Requires State underground injection programs to prohibit the disposal of brine brought to the surface in connection with oil by any means other than underground injection in compliance with the Safe Drinking Water Act. Defines the term "drinking water source" as underground water which supplies a public water system, is capable of supplying a public water system, or could supply a public water system if the system used technologically advanced treatment. Requires the Administrator to publish notice in the Federal Register if an area has an aquifer which furnishes or may furnish in the future a substantial part of the drinking water supply for any public water system and which would create a significant hazard to the public health if contaminated. Permits Federal financial assistance for projects which are designed not to contaminate such an aquifer. Requires the Administrator to promulgate regulations for State programs to prevent surface impoundments which are not subject to regulation under the Solid Waste Disposal Act from endangering drinking water sources. Permits States to apply to exercise primary enforcement responsibility. Requires the Administrator to prescribe a program for a State if no State program is approved. Permits States to submit to the Administrator plans to protect underground drinking water sources. Authorizes the Administrator to provide technical assistance and to make grants to the States to assist them in the development of such plans. Requires that Federal actions with respect to underground drinking water sources in a State be coordinated with the State protection program. Authorizes the Administrator to issue an administrative order to enforce compliance with underground injection control program requirements. Sets forth procedural requirements with respect to such administrative orders. Directs the Administrator to seek an injunction or to recover a civil penalty, or both, with respect to any person who fails to comply with such an administrative order. Prohibits any action by the Administrator, by a State, or by a court which would delay or make less stringent any requirement of an underground injection control program. Permits the Administrator to commence a civil action or to issue an administrative order to enforce compliance in the case of any person who fails to comply with underground injection control program requirements beyond the thirtieth day after the date of a notice of noncompliance by the Administrator to the State having primary enforcement responsibility for underground water sources. Title III: Authorization of Appropriations - Authorizes appropriations for FY 1984 through 1989 for: (1) the provision of research, technical assistance, information, and training of personnel to the States and municipalities to implement the Safe Drinking Water Act; and (2) grants to States for public water system supervision programs and underground water source protection programs. Extends indefinitely the authority of the Administrator to issue certifications of need and orders for the provision of chemicals necessary for the treatment of water.
United States · United States Congress · 1 June 1983
Urges the United States, the Soviet Union, and other countries possessing the technology to produce separated plutonium to begin negotiations leading to a verifiable halt in the production of separated plutonium and in the export of technology for such production. Calls for the United States and other nuclear supplier and consumer nations to begin negotiations leading to an agreement to: (1) reject the commercial use of separated plutonium as a nuclear power reactor fuel; (2) base civilian nuclear power technology only on nonweapons usable fuel; and (3) make available reliable supplies of natural and low-enriched uranium.
United States · United States Congress · 26 May 1983
Designates the week beginning November 6, 1983, as National Disabled Veterans Week.
United States · United States Congress · 25 May 1983
Directs the Secretary of Health and Human Services to establish a program of grants to: (1) identify women who received diethylstilbestrol (DES) while pregnant and their children; (2) establish a voluntary registry of such women and children; (3) provide them with periodic cancer screening; and (4) provide health personnel with information respecting the health hazards of such drug.
United States · United States Congress · 25 May 1983
Designates the month of September 1983, as National Professional Security Month.
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 · 23 May 1983
Expresses the sense of the Congress that the authorities in Taiwan should end martial law in order to establish a more democratic society.
United States · United States Congress · 19 May 1983
Supplemental Security Income Mental Disability Determinations Reform Act of 1983 - Directs the Secretary of Health and Human Services to revise the criteria under the category "Mental Disorders" in the "Listing of Impairments" in the Code of Federal Regulations, to the extent such criteria are applicable to individuals seeking or receiving benefits based on disability under the Supplemental Security Income program (title XVI of the Social Security Act). Directs the Secretary to also revise the methods of procedures used under such program for assessing the residual functional capacity of individuals having mental impairments. Requires the revised listings and residual functional capacity assessments to be designed to realistically evaluate the ability of a mentally impaired individual to engage in substantial gainful activity in a competitive workplace environment. Directs the Secretary to appoint a panel of outside experts to make recommendations with respect to such revisions. Prohibits continuing eligibility reviews with respect to mental impairment until the revisions are completed. Requires, under title XVI, that in any case in which an individual claims to be under a disability by reason of a mental impairment, the determination shall be made only after the Secretary has demonstrated that a qualified psychiatrist or psychologist has completed the medical portion of the sequential evaluation and residual functional capacity assessment. Prohibits the authorization of appropriations for SSI periodic eligibility reviews for individuals whose claims to disability benefits are based on mental impairment, except to the extent that such funds are specifically authorized for such reviews. Makes permanent provisions of title XVI which provide SSI benefits for individuals who perform substantial gainful activity despite a severe medical impairment. Makes permanent provisions which provide for the continued payment of SSI or disability benefits (title II of such Act) during appeal of a disability determination. Directs the Secretary to: (1) provide assistance to disabled individuals in complying with requirements and procedures under titles II and XVI; and (2) assure that disabled individuals eligible for or receiving benefits under title II are informed of available SSI benefits. Requires hearings and proceedings related to a disabled individual under the SSI program to be held at an accessible location.
United States · United States Congress · 18 May 1983
Rural Electrification and Telephone Revolving Fund Self-Sufficiency Act of 1983 - Amends the Rural Electrification Act of 1936 (REA) to eliminate the requirement for a State certificate of convenience and necessity before the Administrator may make loans to provide rural telephone service. Revises the liabilities and uses of the Rural Electrification and Telephone Revolving Fund established under the REA to provide that notes of the Administrator to the Secretary of the Treasury to obtain funds for loans shall be equity capital of the Fund. States that assets of the Fund shall be available only for: (1) payment of interest and principal on loans to the Administrator from the Secretary of the Treasury; and (2) for certificates of beneficial ownership issued to such Secretary or in the private market. Requires the Administrator to maintain two separate accounts within the fund: (1) the Electrification Account; and (2) the Telephone Account. Lists the items that shall be accounted for in each Account respectively, and restricts the purposes for which the assets of each Account shall be available. Authorizes the Administrator to repurchase specified certificates of beneficial ownership under certain conditions affecting their interest rates. Establishes guidelines for interest-bearing insured loans made by the Administrator to electric and telephone borrowers. Requires the Secretary of Agriculture to request in each annual supplemental budget estimate the amount needed to replenish the Fund for anticipated and actual costs resulting from loans made at less than a specified rate during the preceding fiscal year. Directs the Administrator to guarantee loans to specified borrowers or to accommodate or subordinate liens or mortgages held in the Fund, according to prescribed rules and regulations. Directs the Administration to promulgate such rules and regulations within 90 days after the effective date of this Act. Prescribes guidelines under which certain lenders are authorized to adjust interest rates on loans guaranteed by the Administrator. Requires rural electrification borrowers to obtain concurrent supplemental financing according to prescribed guidelines in any fiscal year in which the minimum loan level for insured rural electrification loans is less than $1,000,000,000. Repeals the loan-making authority of the Governor of the Rural Telephone Bank which require approval by the Secretary of Agriculture of facilities or lines to be acquired with such loans. Eliminates loan restrictions placed upon potential borrowers whose net worth exceed their assets by twenty percent.
United States · United States Congress · 18 May 1983
Nuclear Explosives Control Act of 1983 - Amends the Nuclear Non-Proliferation Act of 1978 to prohibit the export of any major critical component of any facility for, and any sensitive nuclear technology or other assistance important to, isotopic separation of special nuclear material, nuclear fuel reprocessing, or heavy water production. Amends the Atomic Energy Act of 1954 to authorize the Secretary of Energy to grant approval under an international agreement for the reprocessing, use, or retransfer of separated plutonium which is produced from U.S. exports, only if: (1) the separated plutonium is intended for research and development in operational facilities located in a nuclear-weapon state or a state which meets other specified criteria; (2) there are already existing stocks of separated plutonium reasonably available for the end use requested; (3) in the case of requests for reprocessing, the reprocessing will take place in a nuclear-weapon state or in a state which meets specified criteria and only in a facility in operation or under construction as of the date of enactment of this Act; and (4) adequate security measures will be maintained. Requires these conditions to remain in effect unless and until Congress finds that: (1) effective international safeguards will be applied with respect to the reprocessing of special nuclear material and to separated plutonium; and (2) effective international sanctions against violations of non- proliferation commitments have been established to deter nonnuclear weapon states from diverting special nuclear material or separated plutonium to build nuclear explosive devices. Authorizes the Nuclear Regulatory Commission (NRC) to issue export licenses for highly enriched uranium for nuclear reactors, only if: (1) there is no alternative nuclear reactor fuel available; (2) the proposed recipient of the uranium has indicated that it will use an alternative nuclear reactor fuel when one becomes available; and (3) the executive branch is developing an alternative nuclear reactor fuel. Requires the NRC to determine a kilogram limit on the amount of highly enriched uranium of U.S. origin that will be allowed at any one time in each foreign country and at each reactor site in each such country. Directs the President to submit to Congress, within three months of enactment of this Act, a plan for the development and use of alternative nuclear reactor fuels. Declares that the objective of the plan shall be to convert to alternative nuclear reactor fuels all reactors which are operated with highly enriched uranium exported from the United States. Lists information that shall be included in the plan. Prohibits the Secretary from entering into arrangements for the retransfer of any exported nuclear material to a third country for reprocessing, for the reprocessing of any such material, or for the subsequent retransfer of plutonium in quantities greater than 500 grams resulting from reprocessing such material, unless the nation requesting such arrangements agrees to specified conditions. Amends the Nuclear Non-Proliferation Act of 1978 to require the Secretary of State to enter into agreements with other nations under which, if such nations agree not to obtain or use any facility for nuclear fuel reprocessing or uranium enrichment and not to seek or use separated plutonium or plutonium-based fuels, the United States will: (1) provide, at a discounted price, the fuel for all power reactors in such nations; (2) provide an additional discount for the enrichment of uranium which such nations agree to use in improved power reactor fuel; (3) authorize the export of a lifetime supply of low-enriched fuel under a single export license subject to specified conditions; and (4) enter into a technical assistance program aimed at increasing uranium fuel efficiency, resolving spent fuel storage problems, and developing nonnuclear energy resources. Requires the Secretary of Energy to submit, within three months of enactment of this Act, a plan for implementing the fuel assurance and energy assistance program. Lists information to be included in the plan. Authorizes appropriations. Authorizes appropriations for technical assistance to nonnuclear weapons states for spent fuel storage and disposal under the Nuclear Waste Policy Act of 1982. Amends the Nuclear Non-Proliferation Act of 1978 to authorize appropriations for energy assistance to developing countries. Requires the NRC and the executive branch to support efforts to improve security arrangements for nuclear exports. Authorizes appropriations to carry out U.S. initiatives to strengthen the international safeguards system. Requires the President to include in the annual report to Congress on efforts to prevent proliferation a description of the progress made in negotiating fuel assurance and technical assistance agreements. Amends the Atomic Energy Act of 1954 to prohibit the production of special nuclear material outside the United States unless, in addition to other requirements, there is in effect an agreement for cooperation made pursuant to such Act with the country in which the production will take place and the production is authorized by the Secretary of Energy. Requires such authorizations by the Secretary of Energy to be published in the Federal Register. Lists information to be included in the President's annual report to Congress on efforts to prevent proliferation. Sets forth the method for making the authorization of the Secretary of Energy effective with respect to nonnuclear weapon States. Requires that the Secretary of Defense find that a proposed international cooperation agreement or a subsequent arrangement will not be inimical to the common defense and security of the United States before the proposed agreement or arrangement is submitted to the President. Authorizes the Secretary of State to notify the NRC of the judgment of the executive branch on a proposed export license for nuclear material only if the Secretary has received from the Secretary of Defense a written statement that the Secretary of Defense agrees with that judgment. Authorizes the Secretary of Energy to enter into an arrangement for reprocessing or retransferring exported nuclear material only if the Secretary has received from the Secretary of Defense a statement to the effect that the proposed reprocessing or retransfer will not result in a significant increase of the risk of proliferation. Prohibits the Secretary of Commerce from issuing a validated export license for the export to a nonnuclear-weapon state of goods or technology which are to be used in a production or utilization facility or which are likely to be used in connection with such a facility unless the Secretary of Energy determines that the United States has an agreement for cooperation with such state and the state adheres to specified criteria. Prohibits the export of components of certain nuclear production or utilization facilities unless the NRC issues a general or specific export license based on a reasonable judgment that the nation to which the components will be exported has an agreement for cooperation with the United States and adheres to specified criteria and the NRC has determined that the issuance of the license will not be inimical to the common defense and security. Authorizes the transfer or retransfer outside the United States of any nuclear material, production or utilization facility, sensitive nuclear technology, or component only if authorized under an agreement for cooperation and licensed by the NRC. Requires such transfers or retransfers to be considered to be exports for the purposes of specified sections of the Atomic Energy Act. Prohibits the issuance of validated export licenses for exports of goods or technology to be used in nuclear production or utilization facilities in countries whose conduct prevents the export of nuclear materials and equipment or sensitive nuclear technology. Requires that Congress adopt a concurrent resolution favoring the determination to halt such exports or the issuance of such validated licenses before such decision becomes effective.
United States · United States Congress · 18 May 1983
Designates the month of August 1983, as National Child Support Enforcement Month.
United States · United States Congress · 17 May 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to apply the exemption from the Government pension offset to individuals who satisfied or could have satisfied the requirements for entitlement to a monthly periodic benefit before the close of June 1983 and so became eligible for such benefit for June 1983 or the following month.
United States · United States Congress · 17 May 1983
Designates February 11, 1984, as National Inventors' Day.
United States · United States Congress · 12 May 1983
National Industrial Strategy Act - Title I: Economic Cooperation Council - Establishes the Economic Cooperation Council to collect and analyze economic data and, upon request to make recommendations to Congress, Federal departments and agencies, and the National Industrial Development Bank (established by this Act) regarding national industrial policy and sectoral strategies. Requires the Council, within one year after enactment, to report to Congress and the President its recommendations for changes in any Federal policy necessary to implement an effective national industrial strategy. Exempts the Council from the provisions of the Federal Advisory Committee Act. Establishes within the Council a Bureau of Economic Information and a Bureau of Economic Analysis. Requires the Council to send annual reports to the President, Congress, and the National Industrial Development Bank about the major industrial development priorities of the United States and the policies needed to meet them. Authorizes appropriations. Title II: National Industrial Development Bank - Establishes the National Industrial Development Bank to make loans and loan guaranties and to issue debt instruments in such a way as to improve the overall economic goals of the Nation and broad public interest. Sets forth general provisions regarding the issuance of financial assistance. Directs the Bank to provide financial assistance to those mature and linkage industries which can be restructured to become competitively successful in the long term. Requires such a company to submit a plan to the Bank which demonstrates that it will be viable in the long run without additional Federal financial assistance. Authorizes financial assistance to develop and market new technologies and to aid in the growth of emerging industries. Authorizes financial assistance to regional development banks. Requires annual reports to Congress. Terminates the Bank on September 30, 1989. Authorizes appropriations.
United States · United States Congress · 12 May 1983
Designates the week beginning November 27, 1983, as National Home Health Care Week.
United States · United States Congress · 12 May 1983
Proclaims September 3, 1983, a day of national celebration of the 200th anniversary of the signing of the Treaty of Paris.
United States · United States Congress · 11 May 1983
Social Security Disability Benefits Reform Act of 1983 - Title I: Standards of Disability - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that an individual who is receiving disability benefits or child's, widow's, or widower's insurance benefits based on disability may be determined not to be entitled to such benefits on the grounds that the disability involved has ceased, does not exist, or is not disabling only if: (1) there has been significant improvement in the individual's condition so that such individual can perform substantial gainful activity; (2) the individual can perform substantial gainful activity as a result of medical or vocational therapy or technology; (3) the prior disability determination was clearly erroneous or fraudulently obtained; or (4) the individual is currently performing substantial gainful activity. Requires the Secretary of Health and Human Services to consider the combined effect of all of an individual's impairments in determining whether such individual is unable to engage in substantial gainful activity. Requires that subjective evidence of pain or other symptoms be considered in determining whether an individual is under a disability. Provides that subjective evidence may lead to a determination of disability even without corroboration by medical findings. Requires that a determination as to an individual's ability to engage in substantial gainful activity be based on an evaluation of the individual's remaining capacity to meet the demands of competitive work on a sustained basis. Provides that an individual who is working in a noncompetitve work environment shall not be regarded as demonstrating an ability to engage in substantial gainful activity solely on the basis of such work. Permits such work to be considered as a factor in a determination that an individual is able to engage in substantial gainful activity. Title II: Disability Determination Process - Requires the Secretary to revise: (1) the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under part 404 of title 20 of the Code of Federal Regulations which are used to make individualized determinations of disability for purposes of determining eligibility for disability benefits under title II of the Social Security Act; and (2) the methods and procedures for assessing the residual functional capacity of individuals having mental impairments. Requires the Secretary to appoint a panel of outside experts to make recommendations with respect to such revisions. Prohibits the Social Security Administration from carrying out continuing eligibility reviews with respect to individuals previously determined to be under a disability due to mental impairment until such revisions have been established by final regulation. Makes such prohibition inapplicable in any case involving fraud or where an individual is engaged in substantial gainful activity. Sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the Secretary's revisions are established by final regulation. Removes certain time restrictions on the continued payment of disability benefits during the appeal process. Provides that an initial disability determination by the Secretary or by a State agency which is unfavorable to a disability benefit applicant shall remain pending until after notice and opportunity for review. Requires that such a determination contain a statement of the case which indicates the basis of the disability determination, the right to a review, and the right to submit additional medical evidence before such review. Entitles the applicant or the applicant's spouse, divorced spouse, surviving divorced spouse, surviving spouse, surviving divorced mother, child, or parent to a review of a pending disability determination upon request and upon a showing that his or her rights may be prejudiced by such determination. Sets forth procedural requirements with respect to such a review. Requires the Secretary or the State agency to affirm, modify, or reverse a pending disability determination on the basis of such a review. Provides that an initial decision by the Secretary as to an individual's eligibility for disability benefits which is based upon an initial disability determination and which is unfavorable to such individual shall contain a statement of the case which indicates the basis of such decision, the individual's right to a hearing, and the individual's right to submit additional medical evidence before or at such hearing. Requires a State agency or the Secretary, in making a disability determination, to consider all medical and vocational evidence relating to the physical or mental impairments of the individual involved. Requires that a complete medical history of at least the preceding year be made for each disability determination or continuing disability determination. Requires that medical information be obtained from the individual's treating physician. Requires that assistance be given where necessary to those individuals who have been previously determined to be under a disability based on mental impairment and with respect to whom reviews of continuing eligibility are being carried out. Requires that hearings with respect to disability determinations be reasonably accessible to the persons requesting them. Directs the Secretary to insure the reimbursement of costs connected to disability determinations for individuals who have presented evidence of financial need. Provides that a disability determination shall be made only after a qualified physician (or a qualified psychiatrist or psychologist where appropriate) has made the proper medical evaluation. Requires the Secretary to prescribe standards with respect to consultative examinations which must be obtained for disabilty determinations. Requires that rates for medical examinations in connection with disability determinations be consistent with the rates for such services under title XVIII (Medicare) of the Social Security Act. Title III: Miscellaneous Provisions - Provides for the application of Federal rulemaking and administrative procedure requirements to disability determinations under title II of the Social Security Act. Amends title VII (Administration) of such Act to specify court orders by a U.S. court of appeals with which the Secretary and the Department of Health and Human Services must comply, unless there is a review by the U.S. Supreme Court. Amends title XVI (Supplemental Security Income) of the Social Security Act to eliminate as a condition for the continued payment of benefits to persons in vocational rehabilitation programs that the Commissioner of Social Security determine that the continuation or completion of such program will increase the likelihood that a beneficiary may be permanently removed from benefit eligibility following participation in such a program. Amends the Social Security Amendments of 1983 to require the Secretary to notify all recipients of title II benefits who may be eligible for supplemental security income benefits under title XVI of the Social Security Act of the availability of the SSI program and to encourage such individuals to contact the social security district office. (Under current law, the Secretary is required to give such notification to all elderly title II beneficiaries.) Requires that the Secretary include in such notices that, upon request, assistance will be provided in the completion of claims and to establish benefit eligibility. Amends title II of the Social Security Act to revise the time periods for trial work which is used as a basis in determining whether an individual's disability has ended. Establishes in the Department of Health and Human Services an Advisory Council on the Medical Aspects of Disability, which shall evaluate and advise the Secretary on the disability determination process under title II of the Social Security Act. Requires the Council to report to Congress at least biennially on its activities. Requires the Secretary to establish enough attorney adviser positions in the Department of Health and Human Services to insure adequate opportunity for career advancement for attorneys in the Social Security Administration. Requires that such attorneys be given qualifying experience for appointment to administrative law judge positions. Requires the Secretary to report to specified congressional committees with respect to complying with these requirements.
United States · United States Congress · 11 May 1983
Establishes the Special Joint Committee on Arrangements to provide for the congressional commemoration of the 100th anniversary of the birth of Harry S. Truman. Declares it the duty of such committee to: (1) arrange a joint meeting of the Congress in commemoration of such anniversary; (2) plan proceedings for such joint meeting; and (3) coordinate activities with the Truman Centennial Committee. Enumerates the powers of such joint committee. Provides that the expenses of such joint committee may not exceed a specified amount and shall be paid from the contingent fund of the House of Representatives.
United States · United States Congress · 10 May 1983
Designates October 16, 1983, as World Food Day.
United States · United States Congress · 10 May 1983
Expresses the sense of the House of Representatives that regulations relating to title IX of the Education Amendments of 1972 (concerning sex discrimination in education) should not be amended or altered in any manner which will lessen the comprehensive coverage of such statute in eliminating gender discrimination throughout the American educational system.
United States · United States Congress · 10 May 1983
Encourages the President's efforts to achieve deep cuts in the amounts of nuclear weapons held by each nation and to establish an enduring peace. Declares that Congress would welcome an international agreement based on specified principles providing for: (1) the staged, proportional disarmament of all nations until nonthreatening force levels are reached under effective international inspection and control; and (2) concurrent agreements (in accordance with specified principles) providing methods for the peaceful settlement of international disputes, for effective compliance during the staged disarmament process, and for effective enforcement as nonthreatening force levels are approached. Urges the President to initiate: (1) renewed consideration of the "Joint Statement of agreed Principles for Disarmament Negotiations" ("Joint Statement") by appropriate U.S. agencies; and (2) joint United States and Soviet reconsideration of such "Joint Statement." Requests the President to: (1) transmit copies of this resolution to the heads of government of all nations and to invite them to participate in negotiations on such an international agreement; and (2) report to Congress on the steps taken respecting this resolution and the responses received and on the U.S. reassessment of the "Joint Statement."
United States · United States Congress · 9 May 1983
Amends the Foreign Assistance Act of 1961 to prohibit the furnishing of assistance under such Act to establish or enhance the capacity of any foreign country to produce a commodity for export if: (1) the commodity is in surplus or is likely to be in surplus on the world market at the time the resulting productive capacity is expected to become operative; and (2) such assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity (surplus competing commodities). Requires the Secretary of the Treasury to instruct the U.S. executive directors of the International Bank for Reconstruction and Development, International Development Association, International Monetary Fund, International Finance Corporation, Inter-American Development Bank, Asian Development Bank, and the African Development Bank to oppose assistance by these institutions (using any funds made available under U.S. law) to establish or enhance the capacity of any country to produce surplus competing commodities. Requires the Secretary of the Treasury to report to Congress on all applications for assistance which have been filed with the aforementioned institutions at 30-day intervals beginning 30 days after the enactment of this Act.
United States · United States Congress · 9 May 1983
Amends the Export-Import Bank Act of 1945 to prohibit the Bank from extending credit to establish or enhance the capacity of any country other than the United States to produce a commodity for export if: (1) such commodity is or is likely to be surplus on the world market; and (2) the resulting productive capacity will substantially injure U.S. producers of the same, similar, or competing commodity.
United States · United States Congress · 5 May 1983
Amends the Internal Revenue Code to define "geothermal energy" as the natural heat of the Earth at any temperature (present regulations require that such heat must exceed a specified temperature). Qualifies for the residential energy tax credit and the investment tax credit for energy property energy systems which use both geothermal energy and another energy source not eligible for such credits if geothermal energy provides more than 80 percent of the energy for such system. Qualifies for the investment tax credit for energy property energy systems which use both geothermal energy and another energy source eligible for such credit (such as biomass, solar, wind, ocean thermal, or hydroelectric) if the combination of such energy sources provides more than 80 percent of the energy for such system.
United States · United States Congress · 4 May 1983
Designates the week of October 16 through October 22, 1983, as Lupus Awareness Week.
United States · United States Congress · 3 May 1983
Designates August 3, 1983, as National Paralyzed Veterans Recognition Day.
United States · United States Congress · 3 May 1983
Expresses the sense of the Congress that the Congress: (1) rejects the proposals of the President to eliminate funding for library programs; and (2) should provide funds to continue our Nation's commitment to our libraries.
United States · United States Congress · 2 May 1983
National Employment Priorities Act - Title I: General Provisions - Sets forth the findings and purposes of this Act and definitions. Title II: Federal Adjustment Assistance - Requires the Secretary of Labor to implement a comprehensive assistance program for employees who lose their employment with an establishment which is required under title III of this Act to give advance notice of plant closings and permanent layoffs. Requires that such program include: (1) training programs; (2) job placement services; (3) payments for reasonable expenses incurred by employees in searching for new employment in a geographical area away from such establishment; (4) payments for moving expenses; and (5) education assistance. Requires the Secretary, to the extent practicable, to provide such assistance before employment loss occurs and through existing programs. Provides that the Secretary shall consult with a business establishment and with any affected labor organizations in order to develop a retraining plan which meets the manpower needs of such establishment. Requires the payment of travel and subsistence allowances to employees receiving assistance under this program. Authorizes the Secretary to establish a program to retrain employees of a business undergoing plant closings and laying off employees. Makes a business concern eligible for assistance under this Act if: (1) such business concern intends to undertake a change of operations which will result in a substantial employment loss; (2) all reasonable efforts and the resources of such business concern are inadequate to prevent such employment loss; (3) such assistance will enable such business concern to operate on an improved economic basis within a reasonable time period and without the change of operations; and (4) such business concern has complied with notice requirements under title III of this Act. Authorizes the Secretary to provide eligible business concerns with enough financial assistance to substantially contribute to their economic viability if equivalent financial assistance is unavailable from conventional sources and if it is reasonably likely that they will repay the United States. Provides that such financial assistance may include loans, loan guarantees, interest subsidies, and an assumption of debt. Authorizes the Secretary to provide eligible business concerns with enough technical assistance to substantially contribute to their economic viability. Provides that such assistance may include research and development grants and contracts which will provide new employment opportunities. Requires the Secretary to issue a certificate of procurement credit to a business concern which complies with notice requirements under title III of this Act if such business concern will be able to offer additional employment opportunities upon entering into a procurement contract with the Government. Provides that bids submitted by a business concern with such a certificate shall be treated by Government agencies as if they are equal to 95 percent of the amount stated in the bids. Makes local governments eligible for assistance under this Act if, as a result of a change of operations of a business concern, there will be a substantial decrease in the amount of revenues paid to such governments, a substantial increase in demand for social services provided by them, or a substantial increase in the number of unemployed individuals residing within their jurisdiction. Authorizes the Secretary to provide to eligible local governments grants, loans, and loan guarantees to increase the availability of social services and to implement any plan for a public works project approved by the Secretary. Makes employers other than business concerns required to comply with notice requirements under title III of this Act and cooperative associations of employees eligible for assistance under this Act if such employers and cooperative associations will create or expand employment opportunities and provide continuous employment over a substantial period of time, and substantially equivalent assistance is unavailable from any other source. Authorizes the Secretary to provide to such employers and cooperative associations loans, loan guarantees, and technical assistance for expanding operations in an establishment required to comply with notice requirements under title III of this Act, constructing new establishments, and undertaking research and development projects to identify new markets and employment opportunities. Establishes priority requirements for the provision of assistance under this title. Title III: Advance Notice of Plant Closings and Permanent Layoffs - Requires a business concern to give written notice with respect to any intended change of operations in a State which will result in the number of employees suffering an employment loss in any 18-month period equaling or exceeding the lesser of 100 employees or 15 percent of the employees at such establishment. Requires that the notice be given to the Secretary, the employees, representatives of affected labor organizations at such establishment, and local government units as required by the Secretary. Sets forth time requirements with respect to such notice. Requires the Secretary to inform each employee who receives such notice of the availability of assistance under this Act. Requires the Secretary to conduct an investigation of any intended change of operations at an establishment with respect to which notice is required under this Act if the Secretary receives a written request for such an investigation within 60 days after such notice is given from an authorized representative of an affected labor organization or from at least 10 percent of the employees notified. Provides that the Secretary may conduct such an investigation regardless of whether such notice is given if such investigation would serve the purposes of this Act or if at least 50 percent of the employees of the establishment involved request an investigation. Requires the Secretary to publish a report containing his or her findings resulting from such an investigation and recommendations to prevent or minimize the harmful economic and social effects of the intended change of operations of the business which is investigated. Title IV: Employer Responsibilities - Requires a business concern which is required to give notice under title III of this Act and which reduces the weekly wages of an employee to less than 85 percent of the average weekly wages paid to such employee during the 26 weeks preceding such reduction or which suspends or terminates the employment of such employee to give such employee a written statement of employment status. Provides that such an employee shall be treated as suffering an employment loss if: (1) such statement does not include an assurance that such employee's wages will be increased or that such employee will be reinstated; or (2) the business concern fails to give such statement to such employee. Requires the business concern to give such an employee a lump sum payment, in addition to other payments required by this Act, if the business concern fails to prevent such employee's loss of employment. Requires a business concern which is required to give notice under title III of this Act to: (1) pay to each employee who suffers an employment loss as a result of a change in operations a weekly income maintenance payment for one year; and (2) make payments to any employee benefit plan in effect with respect to each such employee for one year. Provides that no business concern shall be required to make total payments exceeding $25,000 to any employee suffering an employment loss. Provides that no business concern shall be required to make payments to such an employee if: (1) such employee begins employment with any other establishment of such business concern; (2) such employee refuses to accept employment which is within a reasonable commuting distance, which provides wages and benefits equal to or better than those of the employee's previous job, and which is similar to such employee's previous position; (3) such employee refuses to participate or fails to make satisfactory progress without good cause in a training or placement program under this Act; or (4) such employee receives a retirement benefit under a pension plan to which the business concern contributed. Requires a business concern to pay moving expenses for an employee who accepts employment with such business concern within three years after such employee's employment loss occurs. Provides for an extension of the one-year period of payments under this title to an employee if such employee is between 53 and 61 years old at the end of the one year. Requires the Secretary to reimburse the business concern involved for any such payments. Provides that any payment required under this title which a business concern fails to make shall be treated as a debt owed by such business concern to the United States and requires the Secretary, upon request, to make such payment to the employee involved. Provides that a business concern which transfers ownership or control of an establishment in order to avoid liability for any subsequent employment loss shall be liable to the United States for the amount of employee assistance which the business concern owning or controlling the establishment at the time the employment loss occurs fails to provide. Requires a business concern required to give notice under title III of this Act to offer to any employee who suffers an employment loss any employment which becomes available at another establishment of such business concern within three years following such employment loss and which such employee is qualified to perform, to the extent that the provision of such employment does not violate any collective-bargaining agreement in effect. Provides that an employee of a business concern required to give notice under title III of this Act who suffers an employment loss shall be eligible to participate in any employee benefit plan in effect with respect to such employee during any period when such business concern is required to make payments to such plan under this title. Sets forth vesting requirements with respect to such plans. Provides that an individual who knowingly accepts employment with a business concern which has given notice as required under title III of this Act shall not be considered an employee of such business concern for purposes of assistance under this Act. Makes a business concern which is required to give notice under title III of this Act liable to local government units for any loss of revenue which occurs during the three fiscal years preceding the fiscal year in which the business concern implements its change of operations. Provides that any such payment which a business concern fails to make shall be treated as a debt owned by such business concern to the United States and requires the Secretary, upon request, to make such payment to the local government involved. Makes a business concern whose change of operations involves a transfer of operations outside the United States when an economically viable alternative exists liable to the United States for loss of revenue. Title V: Administration - Imposes criminal penalties on anyone who fraudulently obtains assistance under this Act and on anyone who gives the notice required under title III of this Act and makes false statements or fails to disclose material facts required under such title. Imposes civil penalties on any business concern which fails to: (1) give notice as required by title III of this Act; (2) provide assistance to employees pursuant to title IV of this Act; or (3) pay any debt owed to the United States pursuant to this Act within 180 days after such debt is incurred. Makes it unlawful for a business concern required to give notice under title III of this Act to: (1) fail to offer an employee who suffers an employment loss other employment at an alternative establishment; or (2) discriminate against an employee who participates in any investigation under this Act. Requires the suspension or reduction of assistance payments with respect to any person who has fraudulently obtained such assistance. Requires the Secretary to maintain operating reserves with respect to anticipated claims under loan guarantees made under title II of this Act. Requires that mortgages acquired by the Secretary as security for any loans made under such title be recorded by the Secretary according to State law. Specifies time periods within which Congress may disapprove rules promulgated by the Secretary to carry out this Act. Requires the Secretary to submit to Congress: (1) a report evaluating the effectiveness of the assistance programs under this Act; and (2) legislative proposals which provide assistance to local government units adversely affected by changes of operations of business concerns and which require business concerns to provide employment information for inclusion in the job bank and matching program established under the Comprehensive Employment and Training Act. Establishes in the Department of Labor the National Employment Priorities Administration which shall carry out the provisions of this Act. Establishes a National Employment Priorities Advisory Council which shall give advice to the Secretary, evaluate the programs under this Act, and conduct various employment studies. Authorizes appropriations.
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
Medicare Fiscal Intermediary Amendments Act - Amends title XVIII (Medicare) of the Social Security Act to permit each provider of services to have the right to elect to have payments made by the Secretary of Health and Human Services rather than by a fiscal intermediary.
United States · United States Congress · 28 April 1983
Caribbean Basin Economic Recovery Act - Title I: Duty-Free Treatment - Authorizes the President to proclaim duty-free treatment for all eligible articles from Caribbean countries that the President designates as beneficiary countries. Requires the President to notify Congress before making such a designation. Prohibits the President from terminating such a designation unless both Houses of Congress are notified 60 days before the termination. Requires the President to consider only specified countries and territories as beneficiary countries. Excludes Cuba from the list of beneficiary countries. Prohibits the President from designating a country as a beneficiary country: (1) if it is a Communist country; (2) if it denies human rights or denies its workers safe working conditions or if it has nationalized or seized control, or effectively nationalized or seized control, of U.S. property, unless the President determines that a good faith effort is being made to compensate for such seizure; (3) if it fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of U.S. citizens or corporations; (4) if it grants preferential treatment to the products of a developed country other than the United States; (5) if such country participates in an arrangement with other countries to withhold supplies of a vital commodity or to raise the price of such commodities and cause serious disruption of the world economy; (6) if it has a government-owned entity engaged in broadcasting copyrighted material belonging to U.S. copyrighted owners without their express consent; (7) if such country does not take adequate steps to prevent controlled substances from entering the United States; (8) if it aids or abets international terrorists; (9) unless an extradition treaty exists between the United States and such country; or (10) unless a treaty exists between the United States and such country providing for the exchange of information as necessary to carry out and enforce tax laws. Permits the President to designate as beneficiary countries certain countries that would otherwise be excluded if the President reports to Congress that such designation will be in the national interest and Congress concurs in that determination. Lists factors the President should consider in determining whether to grant beneficiary designation. Amends the Tariff Schedules of the United States to grant to imports from U.S. insular possessions, subject to specified provisions of this Act, duty treatment no less favorable than the treatment afforded such imports from a beneficiary country. Directs the President to withdraw or suspend a country's beneficiary designation if the President determines that changed circumstances in such country would prohibit such designation under the guidelines in this title. Requires duty-free treatment to apply to any article imported from a beneficiary country, unless otherwise excluded from eligibility, if: (1) the article is imported directly from such country into U.S. customs territory; and (2) the sum of specified costs of the article is not less than 35 percent (50 percent after September 30, 1985) of its appraised value at the time of its entry. Directs the Secretary of the Treasury to prescribe regulations governing articles eligible for such duty-free treatment, including the requirement that such articles must be wholly the product of a beneficiary country or must be a new or different article of commerce which has been produced in the beneficiary country. Requires that duty-free treatment provided under this Act shall not apply to: (1) certain textile and apparel articles; (2) certain footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; (3) tuna in airtight containers; (4) petroleum or petroleum products; (5) import-sensistive manufactured products and components of products; or (6) products or parts of products which are the subjects of bilateral restraints, voluntary export restraints, nonreciprocal treatment by the beneficiary country, or findings of injury under U.S. fair trade statutes. Directs the President to suspend duty-free treatment of sugar and beef products that are the products of a beneficiary country if: (1) the beneficiary country, within 90 days of its designation as a beneficiary country, does not submit a Stable Food Production Plan to the President for evaluation; (2) the President determines that the Plan of a beneficiary country does not meet specified criteria; or (3) as a result of the monitoring of the operation of the Plan, the President determines that a beneficiary country is not making a good faith effort to implement its Plan, or that the Plan, although being implemented, is not achieving its purposes. Requires the President, before suspending such duty-free treatment, to offer to consult with the country to formulate appropriate remedial action. Requires the President, biennially, to monitor the operation of the Plans implemented by beneficiary countries and to report to Congress. Provides a schedule for gradually removing from duty-free treatment countries that are competent in international commerce so that Caribbean countries are major beneficiaries of this Act. Sets forth the manner of governing the importation and duty-free treatment of certain sugars, sirups, and molasses. Authorizes the President to suspend the duty-free treatment provided by this title and to proclaim a duty for an eligible article if such action is taken pursuant to certain import relief or national security provisions. Authorizes the filing of petitions for import relief with the Secretary of Agriculture and the Secretary of Commerce as well as with the International Trade Commission (ITC) for injury from imports of perishable products from beneficiary countries. Directs either Secretary of both Secretaries to recommend the granting or denying of such petition within 14 days of its filing. Requires the President to take emergency action or to publish a notice of determination not to take emergency action within seven days of receiving the Secretary's recommendation. Sets forth the limits on the duration of the emergency action. Exempts from proclamations under this title certain fees imposed pursuant to the Agricultural Adjustment Act. Provides for duty-free treatment of articles imported directly from Puerto Rico and the U.S. insular possessions, so long as foreign materials do not account for more than 70 percent of the total value of the articles (or more than 50 percent of the total value with respect to articles excluded from duty-free treatment under the Caribbean Basin Economic Recovery Act). Amends the Tariff Schedules of the United States to increase to five liters (currently, four liters) the amount of duty-free liquor that may be brought into the United States. Requires that not more than four liters, of such five liter limit, may have been produced outside American Samoa, Guam, or the U.S. Virgin Islands. Authorizes the President to withdraw duty-free treatment on rum if the amount of excise taxes on rum that is paid into the treasuries of Puerto Rico and the Virgin Islands falls below the amount that would have been paid if the rum had been produced in Puerto Rico or the Virgin Islands. Amends the Trade Agreements Act of 1979 to repeal the provision for protecting U.S. possessions against revenue losses caused by concessions granted by the United States in the Tokyo Round of the Multilateral Trade Negotiations. Prohibits any action under this title from affecting a tariff imposed by Puerto Rico on coffee imported into Puerto Rico. Exempts from specified sections of the Federal Water Pollution Control Act certain discharges from sources in the U.S. Virgin Islands which are attributable to the manufacture of rum. Requires the ITC to report to Congress and the President on the economic impact of this Act on U.S. industries and consumers during: (1) the two year period beginning with January, 1983; and (2) each year afterwards, until duty-free treatment under this title is terminated. Sets forth assessments that the ITC shall make and factors to be considered in making those assessments. Provides that if a beneficiary country exports to the United States a specified quantity of an eligible article such country shall not be treated as a beneficiary country with respect to that article unless the President makes certain determinations. Permits such a country to be redesignated as a beneficiary country with respect to that article if U.S. imports of the article do not exceed a specified amount during the preceding calendar year. Terminates duty-free treatment to beneficiary countries under this title after September 30, 1989. Title II: Tax Provisions - Amends the Internal Revenue Code to require excise taxes on rum imported into the United States to be paid to Puerto Rico and the U.S. Virgin Islands. Authorizes the Secretary of the Treasury to negotiate and conclude an agreement for the exchange of information with any beneficiary country. Requires such exchange to consist of such information as may be necessary to carry out and enforce the tax laws of both the United States and the beneficiary country. Provides that such agreements shall be treated as income conventions for purposes of disclosures of tax return information. Allows a tax deduction for attending a convention held in a beneficiary country, if such beneficiary country has a tax information agreement in effect with the United States.
United States · United States Congress · 28 April 1983
Urges the United States and the Soviet Union to begin talks aimed at creating a jointly administered United States-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 27 April 1983
Former Prisoners of War Compensation Act-Entitles veterans who are former prisoners of war to veterans' disability compensation. Varies the percent of disability directly with the length of detention. Entitles surviving spouses and children of veterans rated more than 50 percent disabled to dependency and indemnity.
United States · United States Congress · 27 April 1983
Public Pension Parity Act of 1983 - Amends the Internal Revenue Code to exclude from gross income amounts received by an individual as a pension or annuity under a public retirement system. Limits the amount of such exclusion in accordance with the amount of such individual's social security benefits.