United States · United States Congress · 14 July 1983
National Rebuilding and Development Bank Act - Title I: The National Rebuilding and Development Bank - Establishes the National Rebuilding and Development Bank which shall make and guarantee loans by other financial institutions for the National Rebuilding and Development Programs established by this Act. Authorizes the Bank to make commitments to purchase, and to purchase, service, or sell any State or local government bonds. Authorizes the Bank to issue obligations. Requires the Bank to transmit to Congress a statement of its intent to issue any additional obligations not less than 60 days prior to such issuance. Deems such issuance approved if neither House of Congress adopts a resolution of disapproval within that time. Authorizes the Secretary of the Treasury to make annual payments to the Bank for the difference between the amount of interest paid by the Bank on account of its obligations and the amount of interest received by the Bank on its loans made under this Act. Exempts the Bank from Federal, State, and local taxes with specified exceptions. Authorizes the Bank to provide technical assistance to State and local governments in the preparation of comprehensive development projects and programs. Provides for audits of the financial transactions of the Bank and an annual audit report to Congress. Requires the Bank to send the President and the Congress an annual report on its operations and activities. Title II: National Rebuilding and Development Program - Authorizes the Bank to make loans and loans guarantees for the construction of housing and community facilities and to obtain, sell, or lease property on such terms as will effectuate the purposes of this Act. Permits the Governor of any State and the highest elected official of any local government to deposit with the Bank a written request that loans or guarantees for construction in the State or locality under this title be withheld. Permits the revocation of such request at any time. Declares that it is the intent of this Act that the private sector be involved in efforts to further the objectives of this Act to the maximum possible extent. Requires the Bank, in exercising its powers under this Act, to consult citizens in the areas to be affected and afford them maximum feasible participation in decisions affecting them. Requires the Board of Directors of the Bank to establish an environmental advisory panel to consider the environmental aspects of all construction to be financed or assisted in whole or in part under this Act.
United States · United States Congress · 12 July 1983
Health Care for the Unemployed Act of 1983 - Title I: Amendments to Social Security Act - Amends the Social Security Act to add a new title, Title XXI - Health Care for the Unemployed. Part A - Block Grants to States - Authorizes appropriations for FY 1983 through 1985 to carry out this part. Makes available for allotments for block grants to States under this part specified sums for each such fiscal year for the development and operation of medical benefit plans for the unemployed. Requires a State, in order to receive a payment from its allotment: (1) to have an approved plan; and (2) to provide for any required State contributions. Sets forth a formula that the Secretary of Health and Human Services shall use in making allotments. Prohibits payment of a State's allotment for: (1) 1983 unless the State notifies the Secretary by September 15, 1983, of its intent to have in effect in the State a plan by June 30, 1984; and (2) FY 1984 and 1985 unless an approved plan is in effect by June 30, 1984. Requires a State plan for medical benefits for the unemployed to provide for making the following medical benefits available (to the extent such benefits are available under the Medicaid program of the Social Security Act) to eligible individuals voluntarily enrolled under the plan: (1) inpatient hospital services; (2) outpatient hospital and rural health clinic services; (3) laboratory and x-ray services; (4) family planning services and supplies; (5) physicians' services; (6) clinic services; (7) nurse-midwife services; and (8) prescribed drugs. Requires the plan to also provide the following medical benefits: (1) prenatal, delivery, post-partum, and well-baby care, without limitations of amount, duration, or scope except as to medical necessity; and (2) at least some ambulatory services. Authorizes a plan to impose: (1) a weekly premium equal to not more than five percent of an individual's unemployment compensation; and (2) a premium equal to not more than two percent of the average monthly unemployment compensation benefit in the State if an eligible individual is not receiving unemployment compensation. Requires a plan to provide for the imposition of a deductible. Permits the waiver of deductions, cost sharing, and similar charges in the case of financial hardship. Requires a State to provide for a State contribution towards expenditures under the plan, except for 1983. Sets forth formulas for determining such contribution which take into account a State's unemployment rate and the national unemployment rate. Limits a State's administrative expenses to a maximum of 10 percent of its plan's expenses, except for 1983. Requires each State to prepare and submit to the Secretary and each House of Congress by February 1, 1985, a report of its activities through FY 1984 under the plan. Makes provisions of title V (Maternal and Child Health) of the Act relating to reports and audits and nondiscrimination applicable to expenditure and activities under this part. Makes provisions of title XIX (Medicaid) and part A (General Provisions) of title XI of the Act relating to penalties applicable to State plans under this Act. Prohibits a payment to a provider from exceeding the payment for the same service provided under title XIX. Requires a plan to be secondary in payment to any other insurance or benefit plan providing medical benefits. Requires a State to determine if an applicant for benefits under the plan might be eligible for Medicaid. Requires a plan to meet specified administrative requirements of the State's Medicaid plan. Requires the Secretary to approve any plan meeting the above requirements. Directs the Secretary to disapprove any plan if the Secretary determines that: (1) the State provided eligibility for Medicaid or AFDC under title XIX or part A (Aid to Families with Dependent Children) of title IV of the Act to dependent children of unemployed parents as of June 1, 1983, and, after such date, discontinued coverage of such children under such plan; or (2) the State has made other significant reductions in eligibility or benefits under its Medicaid plan in order to establish or operate a plan under this part. Requires each State plan to specify the criteria for determining eligibility for medical benefits under the plan. Provides that an individual shall not be eligible for medical benefits under a State plan unless the individual is unemployed and: (1) is receiving unemployment compensation or received unemployment compensation for a week in the previous 104-week period; or (2) has been previously employed (as determined under the plan) and meets such reasonable financial or medical needs standards as the plan specifies. Requires coverage for a covered individual's immediate family members. Directs a State to specify the uniform minimum length of time an individual must have been previously unemployed in order to be eligible for benefits. Prohibits coverage of an individual under a plan if the individual is: (1) covered under a group health or his or her spouse's group health plan; or (2) eligible for Medicaid. Authorizes a State to limit the coverage period of an eligible individual, but the period may be less than one year for unemployed individuals who are receiving unemployment compensation or who received unemployment compensation for a week in the previous 104-week period. Permits an individual to terminate enrollment at any time. Authorizes a State plan to provide an enrollee with the voluntary option of electing to receive medical benefits through an arrangement with a health benefits plan rather than under the State plan if: (1) the scope, amount, and duration of benefits are at least equal to the State's; (2) premiums and charges do not exceed the State's; and (3) the amount of payment does not exceed the actuarial value of payments for medical benefits which would have otherwise been made. Part B: Open Enrollment, Continuation, and Conversion Rights of Individuals - Requires any group health plan offered by an employer of 25 or more individuals to: (1) have an open enrollment period for spouses of unemployed workers; (2) require the continuation of group health care coverage to an involuntarily laid off employee; and (3) offer unemployed workers covered under insured group health plans the right to convert to individual policies. Requires the open enrollment period to be of at least 30 days duration for each married employee whose spouse loses coverage under a group health plan due to an involuntary layoff. Requires the continuation of coverage period to be at least 90 days in the case of a covered employee (excluding temporary employees) who would otherwise lose coverage because of an involuntary layoff. Provides an individual with up to 31 days to convert to an individual policy following loss coverage under the group health plan. Part C: Assistance to Hospitals Serving the Unemployed - Directs the Secretary to make grants to hospitals to assist the hospitals in providing services to individuals unable to pay for such services. Directs the Secretary to: (1) give first priority to hospitals which are either public hospitals or hospitals serving areas not served by a public hospital; and (2) then give priority to other hospitals which demonstrate that they serve a significantly disproportionate number of patients who are unemployed and unable to pay for hospital services. Requires a hospital, in order to be eligible for a grant, to: (1) be located in an area experiencing high unemployment or serving primarily medically underserved populations; (2) serve a significantly disproportionate number of patients having low income and who are unable to pay for hospital services; (3) provide services to individuals without regard to their ability to pay; (4) provide assurances that if required to make available services to individuals who cannot pay pursuant to an assurance under the Public Health Service Act, the hospital has made the services available; and (5) offer assurances that it will use the sums provided in the grant in addition to, rather than in lieu of, existing Federal, State, and local funds currently available. Requires that an application be submitted for a grant and that the application be approved before a grant is made. Directs the Secretary to report to Congress concerning the grants. Authorizes appropriations for such grants for FY 1984-1986. Sets forth effective date provisions. Authorizes appropriations to carry out title V of the Act for FY 1983 and 1984, with an increase for FY 1984, but requires new funding authority thereafter. Increases Medicaid funding to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Title II: Internal Revenue Code Amendment and Miscellaneous Provision - Amends the Internal Revenue Code to impose, until December 31, 1986, a tax on employers of 25 or more individuals equal to ten percent of the amount of the nonqualified employee health expenses paid or incurred annually. Defines "nonqualified employee health expenses" as the expenses paid or incurred by the employer for a group health plan to the extent such expenses are allocable to a period during which such plan does not meet each requirement contained in part B of title XXI. Amends title XVIII (Medicare) of the Social Security Act to set the "cap amount" used for computing payment for hospice care at $6,500 annually (to be adjusted annually according to the consumer price index).
United States · United States Congress · 12 July 1983
Revises the membership of the Special Medical Advisory Group of the Veterans Administration Department of Medicine and Surgery to include persons deemed by the Chief Medical Director to have pertinent experience with respect to the mission of the Department.
United States · United States Congress · 30 June 1983
Victims of Crime Act of 1983 - Title I: Crime Victim Compensation - Directs the Attorney General to make grants to qualified state programs for the compensation of victims of crimes. Provides that such grants shall total: (1) 50 percent of allowable compensation paid to victims of State crimes designated by the State to be appropriate for compensation; and (2) 100 percent of allowable compensation to victims of crimes which would constitute designated crimes but are subject to exclusive Federal jurisdiction. Specifies criteria for a State plan to qualify for grants, including that the program: (1) offer compensation for medical expenses and loss of wages; (2) condition compensation on cooperation with law enforcement officials; and (3) deny or reduce recovery where the claimant contributed to the injury. Title II: Crime Victim Assistance - Allows the Attorney General to make grants to the chief executive of each State for the financial support of crime assistance programs. States that such program must provide crisis intervention and mental health counseling services to victims and their families. Title III: Crime Victims Fund - Establishes within the U.S. Treasury the Crime Victims Fund. Provides that the Fund shall consist of: (1) fines collected in Federal criminal cases; (2) proceeds of all forfeitures in Federal criminal cases; and (3) taxes imposed on pistols and revolvers. Title IV: Changes in Criminal Fine Levels and Related Matters - Amends the Federal criminal code to establish alternative, increased fines for any person convicted of a Federal offense. Requires the Federal courts to impose a penalty assessment on all persons convicted of Federal offenses. Title V: Effective Dates - Establishes effective dates.
United States · United States Congress · 30 June 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act". Amends the Fair Housing Act to expand the definition of "discriminatory housing practice" to include any violation under such Act (thus codifying case law which holds that the obligation of Federal agencies to administer programs affirmatively to further the purposes of fair housing and the prohibition against interference with rights under the Act are separately actionable). Adds new definitions of "handicap", "aggrieved person", and "familial status". Excludes from the meaning of "handicap" any impairment consisting of alcohol or drug abuse which would be a direct threat to the property or safety of others. Defines "familial status" as one or more minors being domiciled with their parent or guardian. Retains the two current exemptions from the prohibition against the discriminatory sale or rental of housing which are given to: (1) an owner of three or fewer single-family houses; and (2) the owner of a dwelling consisting of four or fewer family units who also resides in such dwelling (the "Mrs. Murphy" exemption). Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; and (2) discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. States that such discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) make modifications which would unreasonably inconvenience others; and (3) allow architectural modifications which materially decrease the value of a building or alter its intended use. Prohibits discrimination against families with children. Makes it unlawful for an insurer to discriminate in the provision or terms of insurance against hazards to a dwelling because of the race, color, religion, sex, handicap, national origin or familial status of persons owning or residing in or near the dwelling. Adds handicapped persons as a protected class under other existing prohibitions on discriminatory activities. Modifies the housing financing discrimination provision to prescribe all conduct which denies or "otherwise makes unavailable" financial assistance because of race, color, religion, handicap, national origin or familial status. Includes within such prohibition persons in the business of selling, brokering, or appraising real property. States that nothing in this Act is to be construed to defeat any reasonable local, State or Federal restrictions on the maximum number of persons permitted to occupy a dwelling unit. Provides that familial status does not apply to any State or Federal programs aimed at assisting elderly persons. Establishes the Fair Housing Review Commission, composed of three members appointed by the President for staggered six year terms. Stipulates that no more than two members may be of the same political party. Directs the Commission to: (1) appoint administrative law judges and other employees as necessary to carry out its functions (2) promulgate a code of ethics to assure the independence of such judges; (3) promulgate rules of discovery for its proceedings consistent insofar as practicable with the Federal Rules of Civil Procedure; and (4) consider appeals from the proposed orders of the administrative law judges upon application of a party. Includes Federal agencies having regulatory authority over financial institutions within the executive departments and agencies which are currently required to administer their housing programs in an affirmative manner. Authorizes the Department of Housing and Urban Development to provide financial as well as technical assistance to public and private organizations seeking to remedy housing discrimination. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development in addition to the current enforcement provisions of title VIII (allowing civil actions by private parties and the Attorney General). Directs the Secretary to make an investigation of all alleged discriminatory housing practice on his or her own initiative or upon the filing of a charge by an aggrieved person within one year of the alleged discrimination. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary, if the aggrieved person and respondent consent to binding arbitration, to refer the charge to an arbitrator made available by the Community Relations Service of the Department of Justice. Continues the current authority of the Secretary to utilize discovery measures. Retains the current penalty for failing to produce information (up to a $1,000 fine and/or one year's imprisonment). Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies, with respect to the rights and remedies provided by such agencies, the elements of "substantial equivalency" which permit certification and referrals of discrimination charges. Eliminates the Secretary's authority to recall referrals in the interest of justice or to protect the rights of the parties. Prohibits further action by the Secretary unless the agency fails to act in a timely fashion (current law gives the agency 30 days to commence proceedings). Requires the Secretary and other Federal agencies to cooperate to avoid duplication of their housing discrimination authority. Authorizes the Secretary to enter into agreements to permit other agencies to carry out such responsibilities within their jurisdictions. Directs the Secretary to enter into agreements with specified Federal agencies for such purpose with respect to depository institutions. Permits an action for temporary or preliminary relief to be brought on behalf of the Secretary in accordance with rule 65 of the Federal Rules of Civil Procedure when the Secretary establishes that voluntary compliance is unobtainable and prompt judicial action is necessary. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use controls, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits the administrative law judge to award appropriate relief and a civil penalty of up to $10,000. Permits the filing of a petition for judicial review of a final order in an appropriate court of appeals within 60 days after entry of such order. Provides that the findings of fact shall be conclusive if supported by substantial evidence in the record considered as a whole. Authorizes the administrative law judge to assess civil penalties for noncompliance with a final administrative order. Makes certain revisions in the private right of action for aggrieved persons under the Fair Housing Act. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Permits the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the current provision permitting the appointment of counsel. Removes the existing $1,000 limit on punitive damages for willful violations. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to title VIII rights has occurred. Permits the intervention of aggrieved persons in such actions. Permits the award of costs, including reasonable attorney's fees, to prevailing parties in court and administrative proceedings (current law permits an award of attorney's fees only to prevailing parties who are financially unable to assume them). Authorizes appropriations for this Act, effective October 1, 1983.
United States · United States Congress · 29 June 1983
Northern Ireland Fair Employment Practices Act - Requires any U.S. person who has or controls an enterprise in Northern Ireland which employs more than 20 people to insure that in operating such enterprise the following employment principles are implemented: (1) desegregation in any employment facility; (2) equal employment for all employees; (3) equal pay for equal work; and (4) increase in the representation of individuals from underrepresented religious groups in managerial, supervisory, administrative, clerical, and technical jobs. Directs the Secretary of State to establish an Advisory Council in Northern Ireland to advise the Secretary with respect to the implementation of such employment principles and to review the annual reports which each U.S. person covered by this Act must submit to the Secretary on the progress made in implementing such principles. Directs the Secretary to establish in the United States an American Advisory Council to make policy recommendations regarding labor practices of U.S. persons in Northern Ireland and to review such persons' progress in implementing such employment practices. Directs the Secretary: (1) to take specified actions to insure compliance with the implementation of such employment principles; and (2) to review the compliance of such persons at least biennially. Sets forth penalties for noncompliance. Authorizes the President to waive compliance with the implementation of such principles if such compliance would harm U.S. national security, unless Congress adopts a concurrent resolution disapproving the waiver. Provides for expedited consideration of such resolution. Requires that other Federal agencies cooperate in carrying out this Act.
United States · United States Congress · 23 June 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions; (3) notify the owner or operator of each of the 50 plants listed; and (4) within four months after such enactment, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fuel fired electric utility generating plant concerned; and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within four months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 10,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980. Sets forth a formula for computation of State shares. Permits the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Directs the Administrator to promulgate a State plan on January 1, 1988, if no State plan has been: (1) submitted by June 1, 1985; or (2) approved by January 1, 1988. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources in the State for which the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the calendar year 1980, other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share, with specified credits for States in which any of the 50 listed plants are located. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund (established within this Act), to pay for 90 percent of the costs of the construction and installation at an electric utility generating plant of any technological system of continuous emission reduction necessary to comply with requirements under a State plan for a State share of sulfur dioxide emission reductions. Subjects such payments to regulations relating to reduction of increases in utility rates. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make payments from the fund first to facilities covered by direct federally mandated emission reductions and then to facilities covered by State share plan requirements. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee of one mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Exempts from such fee electric energy: (1) used at the electric generating facility concerned; or (2) generated by a nuclear generating facility. Makes such fee effective with respect to electric energy generated, or imported, after December 31, 1984. Makes the fee cease to apply on the earlier of: (1) December 31, 1995; or (2) the date on which all payments required under this Act have been made. Authorizes the Administrator to terminate the fee at an earlier date upon estimation that sufficient funds have been collected to fund all such required payments. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth the time and manner required for payment of such fee and related reporting requirements. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for electric utilities (or importers of electric energy) which knowingly commit such violations. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction after the enactment of this Act. Prohibits the emission of nitrogen oxides from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour.
United States · United States Congress · 22 June 1983
World War II Civil Liberties Redress Act - Directs the Attorney General to make redress payments to residents of the United States of Japanese, Aleut, or other ancestry who were interned, detained, or forcibly relocated by the United States during World War II. Provides that such payments shall not be considered income or receipts for purposes of Federal taxes or for determining eligibility for Federal benefits or assistance. Establishes within the Treasury the Japanese-American and Aleut Trust Fund to be administered by the Secretary of the Treasury. Establishes a board of directors responsible for making disbursements from the Fund. Provides that funds from the trust be distributed to benefit communities populated by eligible individuals for assisting in community services in education, health, housing, and cultural service. Authorizes appropriations. Requires the Attorney General and the Secretary of the Treasury to prescribe regulations as may be necessary to carry out this Act.
United States · United States Congress · 22 June 1983
Urban Grant University Act - Amends the Higher Education Act of 1965 to extend through FY 1990 the authorization of appropriations to carry out the Urban Grant University Program under title XI of such Act. Revises grant application provisions to direct the Secretary of Education to consider the degree to which there is evidence in the application of a commitment by any entities within the community, which may include the applicant university, to pay a specified non-Federal share of project costs. (Current law requires consideration only of the loal government's commitment to pay such non-Federal share.)
United States · United States Congress · 21 June 1983
Amends the Internal Revenue Code to allow a refundable income tax credit for the amount of contributions made to the Federal retirement system by Federal employees newly covered under the social security system after December 31, 1983. Disallows such credit for contributions made to a Federal retirement system: (1) established after the enactment of this Act; or (2) modified after the enactment of this Act for purposes of coordinating such system with the social security system. Terminates such credit after December 31, 1985.
United States · United States Congress · 16 June 1983
Energy Security Tax Incentives Act of 1983 - Amends the Internal Revenue Code to extend for ten years from 1985 to 1995 the availability of the investment tax credit for affirmative commitments made for solar, wind, and geothermal energy property. Requires that such affirmative commitments must be made by specified dates.
United States · United States Congress · 14 June 1983
Directs the Administrator of General Services to assign to the Secretary of Health and Human Services and to the Secretary of the Interior specified lands at Fort Totten, New York. Directs the Secretary of Health and Human Services to convey a portion of such property to the Eastern Paralyzed Veterans Association of New York House. Directs the Secretary of the Interior to convey the remainder of such property to the City of New York for public park and/or recreation uses.
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 · 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
Amends the Internal Revenue Code to provide that losses attributable to disasters determined to warrant assistance under the Disaster Relief Act of 1974 shall be allowable as an income tax deduction without regard to whether they exceed ten percent of the adjusted gross income of the taxpayer.
United States · United States Congress · 7 June 1983
Designates the U.S. Post Office Building, 41-65 Main Street, Flushing, New York, as the Benjamin S. Rosenthal Post Office Building. Requires the Postmaster General to install an appropriate plaque indicating such designation.
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
Amends the Tax Reform Act of 1976 to extend from 1983 to 1987 the exclusion from gross income of income resulting from the cancellation of student loan indebtedness.
United States · United States Congress · 1 June 1983
Child and Family Development Act - Declares that the Congress affirms the right and responsibility of parents to participate in programs involving their children and that nothing in this Act shall be construed to authorize any public agency or private organization or its representative to intervene in any child-rearing decision of the parents. Directs the Secretary of Health and Human Services to carry out a complete study and assessment of child care needs in the United States. Directs the Secretary to take specified factors into consideration and to complete such study and assessment, and transmit the results to the Congress, within 90 days after the date of enactment of this Act. Directs the Secretary to prepare and promulgate a comprehensive plan and program to provide services to meet the Nation's child care needs (including day care, education, health, and nutrition). Sets forth required provisions for the plan and program. Directs the Secretary to promptly transmit the plan and program, with recommendations, to the Congress. Requires that a specified minimum period of time after transmittal to the Congress pass before the plan or program or later modifications by the Secretary become effective. Sets forth priorities in the distribution of child care funds by the plan and program. Prohibits the plan and program from affecting levels or sources of funding for the Head Start program and specified programs under the Social Security Act and the Elementary and Secondary Education Act. Requires that such plan and program provide for strengthened developmental programming for children and parent education and required certification of teachers under such Acts. Requires that the plan and program include: (1) provision of additional Federal funds to improve child care programs; and (2) incentives for development of improved child care facilities. Sets forth administrative provisions and requirements for State plans for the administration of child care programs. Directs the Secretary to submit an annual report, with recommendations, to the Congress on the administration and operation of this Act and of the plan and program. Authorizes appropriations.
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 · 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 · 24 May 1983
Amends the Internal Revenue Code to deny property used by governments, tax-exempt foreign individuals, and other tax-exempt entities accelerated depreciation deductions. Requires that any deductions for depreciation of such property be calculated according to the straight line method. Exempts from such limitation short-term or casual leases of property and property used in an unrelated trade or business. Denies the investment tax credit for property used by foreign governments and other foreign persons. Denies the investment tax credit for rehabilitation expenditures for property which is financed by the proceeds of industrial development bonds. States that the provisions of this Act shall be effective for property placed in service after May 23, 1983, with an exception for binding contracts and mass commuting vehicles financed by tax-exempt securities.
United States · United States Congress · 24 May 1983
Ethnic Affairs Broadcasting Clearinghouse Act of 1983 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to establish the Ethnic Affairs Clearinghouse. Directs the Clearinghouse to: (1) establish a clearinghouse for complaints about the portrayal of ethnic groups in radio and television broadcast programming; (2) collect and disseminate information about such portrayal; (3) conduct an annual conference to draw public attention to such portrayal; (4) submit to Congress an annual report on its activities, including a compilation of all complaints received; and (5) provide such information to the FCC for possible consideration when reviewing license applicants.
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 · 19 May 1983
Renewable Energy Incentive Act of 1983 - Title I: Certain Renewable Energy Source Incentives - Amends the Internal Revenue Code to extend for five years from 1985 to 1990 the investment tax credit for: (1) solar, wind, or geothermal property; (2) ocean thermal property; (3) hydroelectric generating property; and (4) biomass property. Allows an investment tax credit for cogeneration energy property until 1990. Increases the energy percentage for solar, wind, or geothermal energy and ocean thermal property from 15 percent to 25 percent. Increases the energy percentage for hydroelectric generating property from 11 percent to 15 percent. Allows an energy percentage of ten percent for cogeneration property. Extends the residential energy income tax credit from 1985 to 1990. Allows the regular investment tax credit for energy property which is considered to be a structural component of a building and is used as air or water heating equipment for such building. Allows an investment tax credit until 1995 for affirmative commitments made for projects concerning: (1) solar, wind, or geothermal property; (2) ocean thermal property; (3) biomass property; and (4) cogeneration property. Extends for seven years from 1988 to 1995 the investment tax credit for affirmative commitments made for certain hydroelectric generating property. Increases from two to five the number of possible sites for ocean thermal property. Allows an investment tax credit for ocean thermal property which produces energy used in a possession of the United States. (Present law requires that such energy be used in the continental United States.) Title II: Biomass Incentive - Treates as biomass property methane-containing gas produced by anaerobic digestion from nonfossil waste materials. Title III: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 12 May 1983
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for services necessary to determine the refractive state and visual function of an individual with a severe visual disability.
United States · United States Congress · 12 May 1983
Medicare Vision Act of 1983 - Provides coverage under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act for: (1) eye examinations for the purpose of prescribing, fitting, or changing eyeglasses; (2) procedures performed to determine the refractive state of the eyes; and (3) services performed by a doctor of optometry. Permits payment for services under part B for services performed by an optometrist, or services performed by another doctor which could be performed by an optometrist, only if payment is made on the basis of an assignment.
United States · United States Congress · 12 May 1983
Authorizes the Administrator of Veterans Affairs to reimburse eligible veterans for reasonable charges for chiropractic services. Directs the Administrator to establish a schedule of reasonable charges. Requires the Administrator to make annual reports to the Veterans Affairs Committees for four years concerning the use and reimbursement of chiropractic services.
United States · United States Congress · 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.
![Official portrait of Rep. Rangel, Charles B. [D-NY-15]](https://www.congress.gov/img/member/r000053_200.jpg)