United States · United States Congress · 20 October 1983
Tax Reform Act of 1983 - Title I: Tax-Exempt Entity Leasing - Tax-Exempt Entity Leasing Tax Act of 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. Requires the Secretary of the Treasury to conduct a study of the present class lives of certain high technology property. Title II: Life Insurance Provisions - Life Insurance Tax Act of 1983 - Subtitle A: Taxation of Life Insurance Companies - Sets the rate of tax on a life insurance company at the corporate rate on its life insurance company taxable income (LICTI). Sets forth an alternative tax in the case of capital gains. Defines life insurance company taxable income as life insurance gross income reduced by life insurance deductions. Defines life insurance gross income as the sum of: (1) premiums; (2) decreases in certain reserves; and (3) other amounts generally includible by a taxpayer in gross income. Allows three types of deductions: (1) general life insurance deductions; (2) the special life insurance deduction; and (3) the small life insurance company deduction. Sets forth definitions and special rules for each type of deduction. Sets forth rules for the calculation of net increases and decreases in reserves. Requires life insurance companies to use either the accrual method of accounting or a method permitted under regulations which combines an accrual method with another recognized method. Sets forth rules for the amortization of premium and accrual of discount. Sets forth rules for the computation of a company's share and the policyholders' share of investment income. Sets forth rules for the tax treatment of foreign life insurance companies. Requires an adjustment to LICTI where a required surplus held in the United States is less than a specified amount. Sets forth rules for the tax treatment of contiguous country branches of domestic life insurance companies. Provides that LICTI which has an existing policyholders surplus account shall be increased by any direct or indirect distribution to shareholders from such account. Defines "life insurance company" as an insurance company which is engaged in the business of issuing life insurance and annuity contracts or noncancellable contracts of health and life insurance if its life insurance reserves plus unearned premiums and unpaid losses comprise more than 50 percent of its total reserves. Sets forth rules for the tax treatment of variable contracts. Sets forth rules relating to capital gains and losses of a life insurance company. Sets forth the effective date for the provisions of this Act. Provides transitional rules. Subtitle B: Taxation of Life Insurance Products - Redefines "life insurance contract" for purposes of the Internal Revenue Code. Defines such a contract as any contract, which is a life insurance contract under applicable State or foreign law, but only if the contract meets either of two alternatives: (1) a cash value accumulation test; or (2) a test consisting of a guideline premium requirement and a cash value corridor requirement. Specifies requirements of each such test. Sets forth rules for contracts not meeting the life insurance definition. Sets forth transitional rules. Treats as distributed to a contract holder any amount of an annuity contract held by an individual who dies before the annuity starting date. Exempts any such amount from the five-percent penalty tax on a premature distribution from an annuity. Limits the amount of the interest deduction allowed in the case of life insurance loans. Sets forth rules for the calculation of such limit. Extends to former employees and key employees the limitations on group-term life insurance purchased for employees. Subtitle C: Nondeductible Contributions to Individual Retirement Plans - Allows certain nondeductible contributions to individual retirement accounts and annuities. Limits such contributions to the least of: (1) $1,750; (2) the excess of compensation includible in gross income over the amount allowable as a deduction under present rules; or (3) as designated by the taxpayer as a nondeductible contribution. Subtitle D: Studies - Requires the Secretary to report annually to specified committees of the Congress on the revenues received by this Act and to compare the amount of such revenue and the amount anticipated by reason of changes made by the Tax Equity and Fiscal Responsibility Act of 1982 and this Act. Requires the Secretary to make annual reports in the years 1986, 1987, 1988, and 1989 concerning the impact of this Act on specified segments and products of the life insurance industry. Title III: Revision of Private Foundation Provisions - Private Foundation Tax Treatment Revision Act of 1983 - Increases from 20 percent to 30 percent the percentage limitation for individual contributions to private foundations. Allows a five year carryover of excess contributions to private foundations. Allows a deduction for the full fair market value of certain stock contributed to private foundations where market quotations for such stock are readily available. Exempts from the excise tax on investment income certain operating foundations. Reduces from two percent to one percent the excise tax on investment income where a private foundation meets certain distribution requirements. Limits the amount of certain administrative expenses which may be taken into account as qualifying distributions for purposes of the tax on failure to distribute income. Authorizes the Secretary of the Treasury to abate first-time private foundation taxes (other than the tax on self-dealing) if it is established that the violation of private foundation rules was: (1) due to reasonable cause and not to willful neglect; and (2) has been corrected within the appropriate correction period. Repeals the requirement that a private foundation may support a voter registration drive only if such registration drive is conducted in at least five States. Allows a five year extension of the requirement to dispose of certain excess holdings attributable to large gifts and bequests. Disregards any decrease in percentage holdings attributable to issuance of stock where the decrease is two percent or less. Requires the aggregation of stock holdings of a private foundation and disqualified persons in applying the 95 percent ownership test. Grants a five year period to dispose of excess holdings resulting from certain acquisitions by disqualified persons. Provides that the conducting of certain games of chance by a non-profit organization shall not be treated as an unrelated trade or business. Provides that the penalty tax on self-dealing shall not apply to certain stock purchases. Provides that a person shall cease to be a substantial contributor after 10 years with no connection to a foundation. Title IV: Tax Simplification - Tax Law Simplification and Improvement Act of 1983 - Subtitle A: Revision and Simplification of Estimated Income Tax for Individuals - Amends the Internal Revenue Code to revise provisions dealing with the quarterly payment of estimated tax by individuals. Establishes the amount of the penalty for underpayment of estimated tax at the amount of the underpayment for the period of underpayment, plus interest on such amount. Revises the schedule for the payment of estimated tax installments. Specifies that the amount of the required annual estimated tax payment shall be the lesser of 80 percent of the current tax shown on the taxpayer's return or 100 percent of the preceding year's tax liability. Permits lower estimated tax payments if the taxpayer can show that the installment payments made over the year were adequate for each quarter based on an annualized income concept. Exempts a taxpayer from an estimated tax penalty: (1) where the tax liability is less than $500; (2) where there is no tax liability for the preceding taxable year; or (3) where there is reasonable cause for the underpayment. Exempts a taxpayer from a penalty for underpayment of estimated tax for the fourth quarter if such taxpayer files on or before January 31 of the following taxable year a return and pays any tax liability in full (March 1 for farmers and fishermen). Permits farmers and fishermen to make only one annual estimated tax payment on January 15 of each year. Lowers the percentage of the required estimated tax payment for such farmers and fishermen to 66-2/3 percent of the tax shown on their returns. Requires the Secretary of the Treasury to prescribe regulations to carry out the provisions of this title. Repeals provisions of the Internal Revenue Code dealing with the declaration of estimated tax by individuals, the time for filing declarations of estimated tax, and installment payments of estimated income tax by individuals. Requires that the crediting of a prior year overpayment of income tax against estimated tax shall be determined without regard to a specified Revenue Ruling. Provides that the amendments made by this title shall apply to taxable years beginning after December 31, 1983. Subtitle B: Domestic Relations - Domestic Relations Tax Reform Act of 1983 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the transfer of property to a spouse or to a former spouse, if such transfer is incident to a divorce. Treats such transfer as a gift for purposes of determining the spouse's basis in such property (same basis as transferor spouse). Requires that any transfer of property under this provision occur within one year after the marriage ceases or be related to the cessation of the marriage. Redefines "alimony or separate maintenance payments" for purposes of determining whether such amounts should be included in gross income. Eliminates requirements that alimony payments must be made on account of a marital obligation imposed under local law and that such payments be made on a periodic basis. Requires that alimony payments be made in cash to a spouse under a divorce or separation agreement. Specifies that the divorce or separation agreement may indicate whether a payment to a spouse is alimony. Prohibits the characterization of a payment to a spouse as alimony if it is made for a transfer of property by the payee spouse or if both spouses are members of the same household at the time of payment. Prohibits payments of alimony to the estate of a deceased spouse. Characterizes a payment to a spouse as alimony if such payment is one of a series of cash payments where it is reasonable to expect that 50 percent of such payments will be made more than one year after the date of the first payment. Requires a spouse paying alimony to furnish the Internal Revenue Service with the taxpayer identification number of the spouse receiving alimony payments. Imposes a $50 fine for each failure to provide such information. Allocates the personal tax exemption for a dependent child of divorced parents to the parent having custody unless such custodial parent signs a written declaration that he or she will not claim the child as a dependent. Requires that such written declaration be attached to the income tax return of the noncustodial parent claiming the tax exemption. Treats a child of divorced parents as the dependent child of either parent for purposes of the medical expense deduction. Applies these tax rules to taxable years beginning after 1983. Permits a noncustodial parent to continue to claim a tax exemption for a dependent child in cases where such parent entered into an agreement with the custodial parent prior to January 1, 1984 which allocated the exemption to the noncustodial parent, and the noncustodial parent contributes at least $600 to the child's support for the year. Revises requirements relating to the exemption from liability of spouses who have no knowledge of substantial understatements of tax liability of their spouses with respect to jointly reported items of income and community property. Allows an estate tax deduction for transfers of property in settlement of marital or property rights not subject to the gift tax. Provides that income from sheltered workshops shall not be taken into account for purposes of determining the dependency exemption. Subtitle C: Revision of At-Risk Rules - Amends the Internal Revenue Code to revise the at-risk rules on the investment tax credit. Reduces the credit base of property eligible for investment tax credit treatment by the amount of nonqualified nonrecourse financing with respect to such property. Defines "nonqualified nonrecourse financing" (financing in which the taxpayer is protected against loss) as any nonrecourse financing which is not qualified commercial financing. Defines "qualified commercial financing" as any financing with respect to property if: (1) such property is not acquired from a related party (family, controlled corporations etc.); (2) the amount of the nonrecourse financing does not exceed 80 percent of the credit base of the property; and (3) such financing is obtained from certain business lenders or from any Federal, State, or local government. Sets forth special rules for the treatment of S corporation shareholders and partners with respect to the at-risk rules. Provides rules for the treatment of subsequent increases and decreases in nonqualified nonrecourse financing with respect to investment tax credit property. Excludes the active businesses of qualified C corporations from at-risk rules. Defines "qualified C corporation." Subtitle D: Estate Tax Provisions - Amends the Internal Revenue Code to provide a permanent rule for the reformation of charitable split interest instruments for purposes of meeting the requirement for the tax deduction for gifts of split interests to charity. Requires that the charitable and noncharitable interests in the split interest trust generally remain the same before and after the reformation. Treats the premature death of an income beneficiary of a charitable remainder trust as the equivalent of a reformation. Permits the executor of an estate to elect an alternate date for valuing estate property only if such election will result in a decrease of the value of the gross estate and the amount of estate tax liability. Permits the executor to elect an alternate valuation date on a late filed return. Subtitle E: Foreign Tax Provisions - Amends the Internal Revenue Code to define "resident alien" for U.S. tax purposes. Treats any individual as a resident alien if such individual: (1) is a lawful permanent resident of the United States at any time during the calendar year; or (2) is present in the United States for a substantial period of time (at least 183 days during a three year period weighted toward the present year - "substantial presence test"). Exempts an individual from the application of the substantial presence test if such individual is present in the United States for fewer than 183 days and establishes that he has a closer connection with a foreign country than with the United States. Treats foreign government-related individuals, teachers or trainees, or students as nonresident aliens even if they meet the substantial presence test criteria. Authorizes the Secretary to require aliens who claim exemption from the substantial presence test to file statements explaining the basis for their exemption. Prohibits a married couple, both of whom are nonresident aliens, from using community property laws to split the U.S. earned income of one spouse for purposes of computing U.S. tax liability. Eliminates rules which attribute ownership of foreign personal holding company stock held by a nonresident alien to the alien's U.S. blood relatives. Treats stock of a foreign personal holding company owned by a partnership, estate, or trust which is not a U.S. shareholder, or a foreign corporation as being owned proportionately by its partners, beneficiaries, or shareholders, for purposes of the foreign personal holding company rules. Provides that shareholders of controlled foreign corporations will not be subject to taxation at ordinary income rates on previously taxed distributions from such corporations with respect to accumulated earnings and profits of such corporations. Prohibits the crediting of foreign taxes of a controlled foreign corporation that another U.S. taxpayer has already credited. Provides that earnings and profits accumulated by a foreign corporation while controlled by U.S. shareholders are subject to ordinary income treatment whether its owners controlled it directly or indirectly. Coordinates the taxation of foreign corporations in cases where there is a conflict between the application of the foreign personal holding company rules and the controlled foreign corporation rules of the Internal Revenue Code. Treats a foreign corporation as a domestic corporation, for income tax purposes, where the foreign corporation and its domestic counterpart are stapled entities. Defines "stapled entities" as any group of two or more entities if more than 50 percent in value of the beneficial ownership in each of such entities consist of stapled interest. Provides rules for determining controlled corporation status and stock ownership of stapled entities, and whether a stapled entity is a real estate investment trust or a regulated investment company. Subtitle F: Miscellaneous Treasury Administrative Provisions - Amends the Internal Revenue Code to require the submission of reports on domestic international sales corporations and possessions corporations on a biennial basis. Requires the submission of the international boycott report every four years. Revises requirements for determining which taxpayers will be included in the high income taxpayer report. Repeals the $1,000,000 limitation on the working capital fund in the Department of the Treasury. Increases the limitation on the real property redemption revolving fund to $10,000,000 (such fund is used by the Internal Revenue Service in exercising redemption rights upon sale of property on which the IRS has a lien). Removes the $1,000,000 limitation on special authority to dispose of obligations. Authorizes the Secretary to accept gifts and bequests of property for purposes of facilitating the work of the Department of the Treasury. Extends the period of court review of IRS jeopardy assessments in cases where the IRS has not been properly notified of court proceedings. Extends the period of time during which additional tax shown on an amended return may be assessed. Allows the placement of a lien on guaranteed drafts issued by financial institutions. Allows the disclosure of windfall profit tax information to State tax agencies. Repeals the occupational tax on the manufacturers of stills and condensers. Requires notice of the manufacture and set up of stills. Allows the disclosure of alcohol fuel producers to administrators of State alcohol laws. Repeals the stamp requirement for distilled spirits. Subtitle G: Tax Court Provisions - Permits taxpayers to be represented in Tax Court by certified public accountants or enrolled agents (authorized to practice before the Internal Revenue Service) in small tax cases. Increases the jurisdictional limit for small tax cases from $5,000 to $10,000. Increases the maximum annuities receivable by dependent survivors of deceased Tax Court judges from $900 per year per family to $4,644 per year per family. Specifies types of cases which the chief judge of the Tax Court may assign to commissioners, subject to review and final decision by a Tax Court judge. Renames commissioners of the Tax Court as special judges. Empowers the Tax Court to take action necessary to prevent the disclosure of trade secrets and other confidential information. Subtitle H: Simplification of Income Tax Credits - Tax Credit Simplification Act of 1983 - Revises provisions of the Internal Revenue Code relating to income tax credits. Groups all credits into nonrefundable personal credits (allowable first against tax liability), foreign tax credit, orphan drug credit and fuel production credit, nonrefundable credits, and business related credits. Combines business credits and the investment tax credit into one general business credit. Establishes the general business credit at 100 percent of the first $25,000 of tax liability and 85 percent of the remaining tax liability. Permits a three year carryback and a 15 year carryforward of unused business credits. Subtitle I: Miscellaneous Simplification Provisions - Allows the tax-free rollover into an individual retirement account of partial distributions from qualified plans or tax-sheltered annuity contracts. Revises rules concerning the tax-treatment of certain transactions between related parties. Extends ordinary loss treatment to losses incurred on the disposal of preferred stock of a small business corporation. (Present law restricts such treatment to common stock.) Allows a medical care income tax deduction for lodging away from home where such lodging is primarily for and essential to medical care. Requires the Secretary of the Treasury to submit to the Congress a study of the advisability of replacing the current income tax system with a simplified gross income tax. Subtitle J: Repeal of Certain Obsolete Provisions - Repeals provisions of the Internal Revenue Code relating to qualified bond purchase plans and retirement bonds with respect to bonds issued after December 31, 1983. Repeals rules relating to gains from the disposition of property used in farming where farm losses offset nonfarm income. Title V: Tax Treatment of Fringe Benefits - Permanent Tax Treatment of Fringe Benefits Act of 1983 - Excludes from gross income any fringe benefit which qualifies as a: (1) no-additional-cost service; (2) qualified employee discount; (3) working condition fringe; or (4) de minimis fringe. Provides definitions and sets forth special rules for such tax exclusion. Limits the income tax deduction for operating on-premises employee recreational facilities. Allows an employer to elect to include the cost of such recreational facilities in employee income in lieu of the disallowance of such income tax deduction. Excludes from gross income reductions in tuition provided by an employer to employees. Title VI: Technical Corrections - Technical Corrections Act of 1983 - Subtitle A: Amendments Related to the Tax Equity and Fiscal Responsibility Act of 1982 - Makes technical corrections to provisions relating to individual taxpayers. Revises the definition of regular tax. Limits the special election for intangible drilling and development costs to wells located in the United States. Revises the newspaper and periodical circulation expense tax preference provisions by providing a three-year amortization period (rather than the ten-year period) for individuals to amortize circulation expenses. Makes technical corrections to provisions primarily relating to businesses. Limits the investment tax credit allowed for mineral exploration and development costs to deposits located in the United States. Revises rules relating to corporate preference items relating to capital gains and cost depletion. Revises the definition of interest on debt to carry tax-exempt obligations acquired after December 31, 1982. Requires the adjustment in the bases of an interest in a partnership or an S corporation to take into account the amount of any investment tax credit taken. Includes real property held by a cooperative housing corporation and used for dwelling purposes as property not eligible for the real property construction period income tax deduction. Sets forth rules for pass thru entities in the case of corporate distributions. Redefines "purchase" for purposes of certain stock purchases which are treated as asset acquisitions. Provides that rules relating to the recognition of gain or loss on sales or exchanges in connection with certain liquidations shall apply where a target corporation has adopted a plan for complete liquidation. Authorizes the Secretary of the Treasury to disallow deductions, credits, or other allowances in the case of certain liquidations after qualified stock purchases if the principal purpose of such liquidation is the evasion or avoidance of income tax. Sets forth rules for determining the basis of assets of a target corporation involved in a corporate acquisition. Sets forth rules for determining the amount constituting dividends in the case of redemptions through the use of related corporations. Provides that any assumption of a liability shall not be treated as a distribution of property in the case of distributions incident to the formation of bank holding companies. Makes technical corrections to certain pension provisions. Revises rules relating to actuarial adjustments for retirment income benefits. Revises rules relating to the treatment of loans to participants from qualified pension plans. Increases the amount of the deduction for simplified employee pensions. Revises rules relating to the treatment of self-employed individuals for exclusion of employee's death benefits. Revises the treatment of simplified employee pensions. Revises the definitions of "key employee" and "top heavy plan" for purposes of required distributions before death. Permits distributions to be made to a beneficiary of a participant if the beneficiary is a dependent who is under age 22 or is permanently and totally disabled. Delays the effective date for special rules related to government plans. Delays the effective date for provisions related to inherited individual retirement plans. Allows the award of court costs and attorney's fees for cases in the United States Claims Court. Sets forth penalties for failure to give notice to recipients of certain pension distributions. Subtitle B: Amendments Related to Subchapter S Revision Act of 1982, Etc. - Provides for the nonrecognition of gain or loss on the complete liquidation of a subchapter S corporation or on the distribution of certain stock in a reorganization. Allows an election to not have new passive income rules apply during 1982. Treats a subchapter S corporation as a partnership for purposes of constructive ownership of stock. Sets forth rules for elections for certain short taxable years. Revises rules relating to the ownership of stock in certain inactive corporations. Revises the definition of a qualified subchapter S trust. Subtitle C: Amendments Relating to Highway Revenue Act of 1982 - Provides that the value of used components shall not be taken into account in determining price for purposes of the retail sales tax on heavy trucks and trailers. Provides that the excise tax on gasoline shall apply to gasohol. Provides for floor stocks refunds for tires taxed at lower rate after January 1, 1984. Sets forth rules relating to the overpayments of tax on trucks and tires. Exempts from the retail tax on heavy trucks: (1) camper coaches bodies for self-propelled mobile homes; (2) feed, seed, and fertilizer equipment; (3) ambulances and hearses; (4) concrete mixers; (5) house trailers; (6) trash containers; and (7) rail trailers and rail vans. Exempts from the excise tax on tires any tires with internal wire fastening and tires used on intercity, local, and school buses. Subtitle D: Amendments to Other Laws - Part I: Changes in OASDI, Public Assistance, and Related Provisions of the Social Security Act - Makes certain technical amendments to title II of the Social Security Act (OASDI). Provides that any cost-of-living increase shall be rounded down to the next lower multiple of 10 cents. Part II: Changes in Medicare-Related Provisions of the Social Security Act - Makes certain technical corrections to the medicare provisions of the Social Security Amendments of 1983. Revises rules for the application and implementation of the medicare prospective payment system. Revises rules concerning enrollment and premium penalties with respect to the working aged. Title VII: Tax-Exempt Bond Provisions - Tax Exempt Bond Limitation Act of 1983 - Extends the tax exemption for interest on qualified mortgage bonds to bonds issued prior to January 1, 1989. (Present law limits such exclusion to bonds issued prior to January 1, 1983.) Sets forth reporting requirements for issuers of such bonds. Limits the tax exemption for interest on qualified veterans' mortgage bonds to bonds issued prior to January 1, 1989. Reduces the State ceiling for qualified mortgage bonds by the aggregate amount of qualified veterans' mortgage bonds issued in the State during the preceding taxable year. Provides that limited equity housing cooperatives are eligible, at the election of the cooperative, for tax-exempt financing as multifamily residential rental housing. Allows State and local governments to elect, for any calendar year beginning after 1983, to exchange all or part of their qualified mortgage bond authority for authority to issue mortgage credit certificates (MCCs) to individuals. Allows individuals who hold such MCCs a nonrefundable Federal income tax credits for not more than 50 percent (but not less than 10 percent) of interest on indebtedness incurred to finance the acquisition (or qualified rehabilitation or improvement) of qualified principal residences. Sets forth definitions, special rules, and requirements for the administration of a MCC program. Subtitle B: Private Activity Bonds - Imposes a ceiling on the maximum amount of industrial development bonds (IDBs) and student loan bonds that each State may issue during any calendar year. Sets the amount of such ceiling at $150 for every individual who is a resident of the State. Sets forth rules for the allocation of such limitation among the various governmental units of the State. Denies the tax exemption for interest on certain obligations if the obligation is Federally guaranteed. Sets forth definitions, special rules, and certain exceptions to such denial. Restricts to $40,000,000 the amount of small issue IDBs that can be issued for a particular beneficiary of IDBs. Provides that IDBs cannot be used for the purchase or acquisition of land or existing facilities. Exempts from such prohibition: (1) the substantial rehabilitation of existing facilities; and (2) the acquisition of farm land by a first time farmer. Denies the tax exemption on interest of a IDB if any portion of the proceeds of the IDB are to be used to provide any airplane, skybox, or other private luxury box, any facility primarily used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. Extends certain rules relating to tax-exempt obligations to bonds which are described in Federal laws other than the Internal Revenue Code. Requires property financed with tax-exempt IDBs to be depreciated using the straight-line method, except for projects for residential rental property. Requires the aggregation of IDB issues for a single project. Extends mortgage subsidy bond arbitrage rules to industrial development bonds and student loan bonds. Increases from $10,000,000 to $15,000,000 the amount of capital expenditures not taken into account where there is an urban development action grant. Specifies that the public approval requirement shall be met in the case of IDBs issued to finance a public airport where the governmental unit which is the owner or operator of the airport. Subtitle C: Obligations of Certain Educational Organizations - Grants tax-exempt status to the obligations issued by a specified university. Title VIII - Miscellaneous Revenue Matters - Allows capital gain treatment for a specified portion of the gain on the sale of condominium units converted from existing structures. Provides that the payment of gift tax by a donee with respect to gifts made before March 4, 1981, would not result in income to the donor whose gift tax liability was discharged. Allows a casualty loss deduction where the taxpayer is ordered to demolish or relocate a residence in an area declared to be a disaster area. Revises the definition of a foreign investment company to include any foreign corporation that is engaged primarily in the business of investing, reinvesting, or trading in securities, commodities, or any interest in commodities or securities, at a time when 50 percent or more of the total combined voting power or value of stock is held directly or indirectly by U.S. persons. Extends the accumulated earnings tax to U.S.-owned foreign corporations. Revises the definition of offsetting position stock to mean any stock of a corporation formed or availed of to take positions in personal property which offset positions taken by shareholders. Applies cash or deferred arrangement rules to pre-ERISA money purchase plans. Title IX - Social Security Disability Benefits Reform - Social Security Disability Benefits Reform Act of 1983 - Subtitle A: 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, widow's or widower's insurance benefits based on disability may be determined not to be entitled to such benefits only if there is substantial evidence: (1) there has been medical improvement in the individual's impairment so that the individual can engage in substantial gainful activity; (2) the individual can engage in substantial activity as a result of advances in medical or vocational therapy or technology; or (3) on the basis of new or improved diagnostic-techniques, the individual's impairment is not considered as disabling as it was at the time of the most recent prior disability determination and the individual can engage in substantial gainful activity. Requires the Secretary of Health and Human Services to conduct a study, in conjunction with the National Academy of Sciences, with respect to the use of subjective evidence of pain in making disability determinations and to submit the study results to specified congressional committees. Requires the Secretary 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. Subtitle B: Disability Determination Process - Requires the Secretary to revise 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. 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 resolution. 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 or modify 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 evidence before or at such hearing. Entitles an individual who is dissatisfied with an initial decision by the Secretary to judicial review. Requires the Secretary to conduct demonstration projects in at least five States implementing the amendments made by this Act. Requires the Secretary to report to specified congressional committees on such projects. Removes certain time restrictions on the continued payment of disability benefits during the appeal process. Requires the Secretary to study and report to specified congressional committees on: (1) the effect of the continued payment of benefits during the appeal process upon the expenditures of the Federal Disability Insurance Trust Fund, the Federal Old-Age and Survivors Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund; and (2) the rate of appeals to administrative law judges of unfavorable disability benefit entitlement determinations. Provides that a disability determination in the case of an individual with a mental impairment shall be made only after a qualified psychiatrist or psychologist employed by the State agency or the Secretary has made the proper medical evaluation. Requires the Secretary to prescribe standards with respect to consultative examinations which must be obtained for disability determinations. Subtitle C: 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. Expands the types of cases with respect to which States may be reimbursed by the Secretary for the costs of furnishing vocational rehabilitation services. Establishes in the Department of Health and Human Services an Advisory Council on the Medical Aspects of Disability, which shall advise and make recommendations to the Secretary on disability standards, policies, and procedures. Terminates the Council on December 31, 1985. Amends title VII of the Social Security Act to require that each report by the Secretary to Congress on the administration of the Social Security Act contain a description of the current status of the disability insurance program under title II of such Act. 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. Title X: Medicare Budget Reconciliation Amendments - Medicare Budget Reconciliation Amendments of 1983 - Title I: Medicare Reconciliation Amendments - Part A: Payment and Coverage-Related Changes - Requires the establishment of a fee schedule for all laboratory services except those for hospital inpatients. Bases payment on such fee schedule unless the actual charge is lower. Allows such schedule to be initially established on a carrier or regional basis. Requires the Secretary to develop and implement a national fee schedule within three years after enactment of this Act. Makes permanent existing temporary provisions which fix the proportion of the part B medicare costs financed by enrollees at 25 percent of program costs. Provides medicare coverage of hepatitis B vaccine for medicare beneficiaries when the vaccine is administered in a hospital or renal dialysis facility. Requires the Secretary to issue, before February 1, 1984, revisions to the current guidelines on the frequency of transtelephonic monitoring of implanted pacemakers which are reasonable and necessary. Limits payments under medicare for such procedure if the Secretary has failed to revise such guidelines by the specified date. Requires the Secretary, by regulation, to deny coverage under medicare for debridement of mycotic toenails if performed more frequently than once every 60 days, unless the medical necessity for more frequent treatment is documented by a physician. Allows payments to hospitals under part A of medicare for the operation of mobile intensive care units if certain conditions are met. Part B: Miscellaneous Administrative Changes - Provides for the appointment by the President (rather than the Secretary of Health and Human Services) of the Administrator of the Health Care Financing Administration. Sets forth the pay level for the Administrator. Permits limited provider representation on peer review organizations (PRO's). Permits a physician who has a financial interest in an agency which is a sole community home health agency to carry out the certification and plan-of-care functions for patients who will receive services from the agency. Repeals certain special tuberculosis treatment requirements. Allows part B payments to be made to a health benefits plan, if the beneficiary agrees, and if the physician or supplier accepts the plan's payment as payment in full. Includes podiatrists in the definition of "physician" for outpatient physical therapy services. Includes podiatrists and dentists in the definition of "physician" for outpatient ambulatory surgery. Allows physical therapists to establish medicare qualified plans for physical therapy. Increases from $10,000 to $50,000 the minimum amount of any agreement between a medicare provider and a subcontractor before the Secretary or Comptroller General must have access to the subcontractor's records. Establishes the statutory right of medicare to recover directly from a liable third party, if the beneficiary himself does not do so, and to pay a beneficiary, or on the beneficiary's behalf, pending recovery where such third party is not expected to pay promptly. Extends the Secretary's authority to rely on accrediting organizations in determining whether rural health clinics, laboratories, clinics, rehabilitation agencies, including outpatient rehabilitation facilities, and public health agencies meet medicare requirements. Sets forth rules for the confidentiality of accreditation surveys. Limits to 30 days coverage for services furnished by a home health agency whose agreement has been terminated. Extends the Secretary's authority to exclude from medicare participation (and to direct State agencies to exclude from medicaid participation) any entity in which ownership or controlling interest is held by a person convicted of program related criminal offenses, or in which an officer, director, agent, or managing employee was convicted of such criminal offense. Eliminates the Health Insurance Benefits Advisory Council. Requires the Secretary to designate one 30-day period in which all health maintenance organizations (HMO's) in an area participating in medicare must have an open enrollment period. Specifies a deadline of July 1, 1985, for a report to Congress on including payment for physicians' services to hospital inpatients in DRG payment amounts. Provides intermediate sanctions for noncompliance with requirements for end-stage renal disease facilities. Removes the costs of nurse anesthetists from DRG-based payments. Sets forth rules for the determination of hospital area wage indexes. Revises the definition of bona fide emergency services for purposes of the limitations on payment for hospital outpatient services. Delays from October 1, 1983, to April 1, 1984, the effective date for single-rate for skilled nursing facilities. Title XI: Trade Adjustment Assistance - Amends the Trade Act of 1974 to begin the period for the 26-week additional trade readjustment allowances with the first week the worker is in training if that training has not been approved until after the last week of entitlement to basic benefits. Increases the maximum job search allowance from $600 to $800. Increases the maximum relocation allowance from $600 to $800. Extends eligibility for industry-wide technical assistance to industries in which a substantial number of workers have been certified for trade adjustment assistance. Increases from $2,000,000 to $10,000,000 the amount of assistance that can be provided annually to a single industry.
United States · United States Congress · 19 October 1983
Vocational Technical Education Act of 1983 - Establishes vocational-technical education programs to replace those under the Vocational Education Act of 1963. Title I: Purpose; Authorization of Appropriations; and Allotments - Authorizes appropriations for FY 1985 through 1987 and for succeeding fiscal years for: (1) basic State grants and State administrative responsibilities; (2) consumer and homemaking education; (3) comprehensive career guidance and counseling programs; (4) industry-education partnership for training in high-technology occupations; (5) vocational education programs for youth with special needs; and (6) adult training, retraining, and employment development. Authorizes appropriations for FY 1984 and succeeding fiscal years for the President's Council on Vocational-Technical Education. Authorizes appropriations for FY 1985 and succeeding fiscal years for grants to State advisory councils on vocational-technical education. Authorizes appropriations for FY 1985 and succeeding fiscal years for assistance to States: (1) in preparing plans, updates, and progress reports; and (2) in conducting program evaluations. Requires a State, in order to receive any allotment under this Act, to: (1) establish a State board and a State advisory council on vocational-technical education; (2) have an approved State plan and application; (3) comply with evaluation and review and other provisions of this Act. Sets forth provisions for allotment among the States of appropriations for title II of this Act (after deduction of amounts required to be reserved for specified purposes). Bases such allotment on formulas using State allotment ratios and relative State populations of certain age groups. Allots the following percentages of title II funds on the basis of population aged: (1) 15 through 19 - 50 percent; (2) 20 through 24 - 20 percent; and (3) 25 through 65 - 15 percent. Allots the remaining 15 percent on the basis of the relative sums of such age group allotments. Set forth a formula for determining State allotment ratios based on relative State per capita income. Sets maximum and minimum limits on such ratios and sets ratios for specified territories and possessions of the United States. Sets forth a minimum State allotment amount. Provides for reallotment among other States of any amount which the Secretary of Education (the Secretary) determines will not be required for carrying out the State's program for any fiscal year. Directs the Secretary to reserve five percent of the appropriations for State basic grants and State administrative responsibilities for any fiscal year in order to: (1) transfer an amount within specified limits in any fiscal year to the National Occupational Information Coordinating Committee; (2) use an additional minimum amount in any fiscal year for the National Center for Research in Vocational Education; (3) use a minimum amount in any fiscal year for the program of special institutes; and (4) use the remainder of the reserved amount for other programs authorized under title III (National Programs). Authorizes the Secretary to reserve, from the remainder of the appropriations for State basic grants and State administrative responsibilities for any fiscal year, funds for vocational educational programs to eligible Indians through Indian tribes and through the Bureau of Indian Affairs (BIA). Limits such amount to not more than one percent of such remainder and approximately equivalent to an amount based on the ratio of eligible Indian population aged 15 through 24 to the total population aged 15 through 24 of all the States. Directs the Secretary, from the amount so reserved, to enter into contracts with the tribal organization of any eligible Indian tribe, upon such tribe's request, to plan, conduct, and administer programs, or portions of programs, which are authorized by and consistent with the purposes of this Act. Subjects such contracts to specified terms and conditions under the Indian Self-Determination Act and other specified Federal laws. Authorizes the Secretary, from any remaining funds so reserved, to enter into an agreement with the Commissioner of the BIA for the operation of vocational education programs authorized by this Act in institutions serving eligible Indians, and authorizes the Secretary of the Interior to receive such funds for such purposes. Directs the BIA to expend a matching amount to pay a part of the costs of such programs. Requires the BIA to expend during each fiscal year no less than the amount expended during the prior fiscal year on vocational education programs, services, and activities. Directs the Secretary and the Commissioner to prepare a joint plan for the expenditure of funds and the evaluation of such programs. Directs the Secretary to assume responsibility for the administration of the program, with the assistance and consultation of the BIA. Requires that the sum of any State's allotments for title II programs under this Act shall not be less than the total amount of payments made to the State under allotments determined under the Vocational Education Act of 1963 for FY 1983. Provides for ratable reductions of other State allotments in order to comply with this minimum State allotment requirement. Title II: State Programs - Part A: Basic State Grants - Authorizes the Secretary, from the State allotments, to make grants to assist States in funding vocational education programs, services, and activities carried out by State boards and eligible recipients. Requires that basic State grants be used, in accordance with approved State plans, for: (1) vocational education responsive to labor market demands or designed to keep abreast of technological changes, including part D high-technology industry-education partnership programs; (2) vocational education for populations with special needs, including part E youth programs; (3) postsecondary and adult vocational education for out-of-school youth and adults, including part F adult training, retraining, and employment development programs; (4) strengthening the institutional base of vocational education by updating curricula, equipment, materials, planning, and staff skills; (5) design and implementation of planned sequential vocational programs between secondary and postsecondary education levels; (6) teaching mathematics and science through practical applications related to occupational goals; (7) assigning personnel to coordinate responsiveness to the labor market; (8) vocational student organizational activities; (9) prevocational programs; (10) information collection and dissemination; (11) special supportive services and activities, including career counseling and guidance (under part C), work-study, cooperative, on-site, and apprenticeship, technical education, research, curriculum development personnel training, overcoming sex bias and stereotyping, residential vocational-technical schools, and exemplary and innovative demonstration programs; (12) construction of area vocational-technical school; (13) support of full-time personnel for specified purposes; (14) needy student stipends; (15) placement services; (16) industrial arts; (17) day care services; (18) vocational education through arrangements with private vocational education institutions, employers, and community-based organizations (as defined under the Job Training Partnership Act); (19) administrative and supervisory costs; (20) planning, evaluation, and reporting costs; (21) entrepreneurship programs consistent with the purposes of this Act; and (22) consortia with other States. Prohibits the use of funds for needy student stipends or for day care services for students' children unless the State board makes a finding that such use of funds under this Act is necessary because of inadequate funding of other programs or inadequates services in the area. Part B: Consumer and Homemaking Education - Authorizes the Secretary, from State allotments, to make grants to assist State consumer and homemaking education programs, including: (1) instructional programs, services, and activities to prepare youth and adults for the homemaking occupation; and (2) instruction in the areas of food and nutrition, consumer education, family living and parenthood education, child development and guidance, housing, home and resource management, and clothing and textiles. Permits such grants to be used, in accordance with approved State plans, to: (1) conduct programs in economically depressed areas; (2) encourage participation of traditionally underserved populations; (3) encourage elimination of sex bias and sex stereotyping; (4) improve, expand, and update programs; and (5) address priorities and emerging concerns at the local, State, and national levels. Permits such grants to be used for specified program development and improvement and for specified support services and activities. Sets forth provisions for information dissemination and leadership. Directs the State board to ensure that experience and information gained through carrying out such programs is shared with administrators for the purpose of program planning. Requires that funds available under this part be used to assist in providing State leadership qualified by experience and preparation in home economics education. Part C: Comprehensive Career Guidance and Counseling Programs - Authorizes the Secretary, from State allotments, to make grants to assist State career guidance and counseling programs. Requires that such grants be used, in accordance with approved State plans, for comprehensive programs to meet career development, vocational education, and employment needs of students and potential students, including assistance in: (1) self-assessment, career planning and decisionmaking, and employability skills; (2) transition and placement activities; (3) maintaining themselves in established occupations; (4) developing new skills in high-technology and skill-shortage areas; and (5) developing midcareer job seeking skills clarifying career goals. Requires that such programs: (1) encourage the elimination of sex, age, and race bias and stereotyping; (2) provide for community outreach; (3) seek collaboration of family, community, business, industry and labor; and (4) be accessible to all segments of the population, including women, minorities, handicapped, and economically disadvantaged. Requires that such programs consist of: (1) instructional activities and services to help students develop specified skills; (2) counselor education, support personnel training curriculum and instructional materials development, research, demonstration, and experimental projects, equipment acquisition, and State and local leadership and supervision; and (3) opportunities for counselors to obtain firsthand experience in business and industry and for students to become acquainted with business, industry, labor market, and training posibilities. Sets forth information dissemination and leadership provisions. Part D: Industry - Education Partnership for Training in High-Technology Occupations - Authorizes the Secretary, from State allotments, to make grants to States for industry-education partnership training programs in high-technology occupations. Requires that such grants be used in accordance with approved State plans which contain specified assurances. Requires that at least 50 percent of the funds for such programs be from non-Federal sources, and that at least 50 percent of such non-Federal funds be provided by participating business and industrial firms in cash or in-kind contributions. Requires coordination of such programs with part A programs. Requires active participation of the State council in the development of such programs. Permits States to designate funds available under part A in lieu of a non-Federal portion for program costs under this part, if an eligible recipient demonstrates that it is incapable of providing all or part of such non-Federal portion. Permits such grants to be used for: (1) vocational educational programs designed to train skilled workers and technicians in high-technology occupations; (2) administrative costs; (3) training and retraining of instructional and guidance personnel; (3) curriculum, equipment, and materials development and acquisition; and (4) such other activities authorized by this title as may be essential to programs under this part, including ensuring program access for women, minorities, the handicapped, and the economically disadvantaged. Directs the State board, in approving such programs, to give special consideration to specified factors. Limits administrative cost expenditures to five percent of the State's allotment for this part. Prohibits funds made available under this part from being used to provide job placement or stipends. Part E: Vocational Education Programs for Youth with Special Needs - Defines "eligible youth" for purposes of this part as youth (up to and including age 21) who are: (1) educationally or disadvantaged individuals needing assistance to participate or succeed in regular vocational programs; (2) handicapped individuals needing special assistance, instruction, or programs to participate in or profit from vocational education; (3) individuals of limited English proficiency who require instruction in the English language, or bilingual instruction until they are proficient in English, in order to participate in or profit from vocational education; or (4) single parents and heads of households, or persons who wish to enter occupations that are not traditional for their sex, who need special assistance in preparing for employment. Authorizes the Secretary, from State allotments, to make grants to States to carry out programs, services, and activities authorized by this part. Permits such grants to be used, in accordance with State plans, for programs for eligible youth, including: (1) vocational education programs, services, and activities authorized under provisions for basic State grants and designed to meet special needs; (2) outreach, diagnostic assessment, and career guidance; (3) youth leadership development and vocational student organization activities; (4) improving institutional capacity to provide instruction and supportive services; (5) supplementary and remedial instruction; (6) open-entry, open-exit programs for individual needs; (7) worksite learning; (8) training instructional and support personnel to serve eligible youth in regular or special programs (such as bilingual programs); (9) extension of the schoolday or school year; (10) transition and work adjustment followup services; and (11) other activities to enable eligible youth to take full-advantage of high-quality vocational education. Requires eligible recipients to provide for program participation by eligible youth enrolled in nonprofit private schools in the area to be served, without commingling with State or local funds the Federal funds made available under this part to accommodate such students. Requires that at least 90 percent of the grant to each State under this part be allocated among eligible recipients, with approved plans, upon the basis of numbers of eligible youth served in the previous year and proposed to be served in the year for which such allocation is made. Requires coordination of programs under this part with programs for youth funded under title II (Training Services for the Disadvantaged) of the Job Training Partnership Act (JTPA), including summer youth employment and training programs. Directs the State board to consult with the State job training coordinating council (established under the JTPA) in order that programs funded under this part may be taken into account in recommendations for the Governor's coordinating and special services plan required under JTPA. Part F: Adult Training, Retraining, and Employment Development - Authorizes the Secretary, from State allotments, to make grants to States for funding programs, services, and activities under this part. Permits such grants to be used, in accordance with approved State plans, for vocational education and employment development authorized under basic State grant provisions and designed to meet the needs of: (1) individuals who have graduated from or left high school and who need additional vocational education to enter the labor force; (2) unemployed individuals who need training to obtain employment or increase employability; (3) employed individuals who need retraining to retain their jobs or training to upgrade skills to qualify for higher-paid or more dependable jobs; (4) displaced homemakers and single heads of households entering or reentering the labor force; and (5) employers who need assistance in training individuals in new employment opportunities or retraining employees in new skills. Permits such grants also to be used for: (1) short-term retraining; (2) cooperative institutional and worksite programs and quick-start customized training; (3) linkages between public and private sectors, eligible individuals, and training, employment, and economic development agencies; (4) cooperative education to improve management and increase productivity; (5) training for small business entrepreneurship; (6) recruitment, job search, counseling, remedial services, information and outreach to help individuals take advantage of vocational educational programs and services, with particular attention to reaching women, older workers, individuals with limited English proficiency, the handicapped, and the disadvantaged; and (7) curriculum development, equipment and material acquisition, personnel training, pilot projects, and related and additional services and activities. Requires specified State assurances with regard to programs under this part. Requires coordination of programs under this part with programs for dislocated workers under title III (Training and Assistance for Dislocated Workers) of JTPA. Directs the State board to consult with the State job training coordinating council in order that programs under this part may be taken into account in recommendations for the Governor's coordination and special services plan. Directs the State board to encourage program coordination between eligible recipients of funds under this part and the appropriate private industry council established under JTPA. Title III: National Programs - Directs the Secretary to maintain a national vocational education data system. Requires States receiving assistance under this Act to cooperate in supplying information for such system. Directs the Secretary, in maintaining and annually updating such system, to make such system compatible with: (1) the occupational information data system established under this Act; (2) other systems developed or assisted under labor market information provisions under JTPA; and (3) other occupational supply and demand information systems developed or maintained through Federal assistance (directs the Secretary to cooperate with the Secretary of Labor in this). Directs the Secretary to secure data about program enrollees and completers, placement and followup, staffing, and expenditures by major purposes of this Act. Establishes a National Occupational Information Coordinating Committee consisting of specified Federal officials. Directs the Committee, with funds available under title I, to: (1) annually provide funds for and assist State occupational coordinating committees; (2) improve coordination among administrators and planners of programs authorized by this Act and JTPA, employment security agency administrators, researchers, and Federal, State, and local employment and training agency personnel; (3) develop and implement an occupational information system to meet common needs of vocational education and employment and training programs; and (4) study the effects of technological change on new and existing occupational areas and the required changes in knowledge and job skills. Requires each State receiving assistance under this Act to establish a State occupational information coordinating committee composed of representatives of the State board, employment security agency, economic development agency, job training coordinating council, and agency for administering programs under the Rehabilitation Act of 1973. Directs the State committee, with funds from the national committee, to implement an occupational information system in the State designed to meet the needs of State board programs under this Act and administering agencies under JTPA. Establishes the President's Council on Vocational-Technical Education consisting of members appointed by the President, with a majority representing the private sector of the economy and the remainder with broad experience in education and economic and human resources development (at least one of whom is a member of the National Commission for Employment Policy established under JTPA). Directs the Council to: (1) assess national needs with respect to occupations requiring less than a baccalaureate degree; (2) identify ways to encourage cooperation between the private sector of the economy and vocational-technical education; (3) evaluate program needs for updated equipment, curricula, competent staff, and other necessary components for student preparation and worker training and retraining for the workplace; (4) make appropriate recommendations; and (5) advise the President, Congress, and Secretary on the implementation of this Act, JTPA, and adequate policies for vocational- technical education programs. Directs the Council to report its findings and recommendations to the President, Congress, and Secretary every third year. Provides that the National Center for Research in Vocational Education established under the Vocational Education Act of 1963 shall continue to be operated with funds made available under this Act. Directs the Secretary to: (1) make an annual grant for the Center's operation; and (2) on the basis of solicited applications and the advice of non-Federal experts in vocational education administration and research, designate the entity to be the Center once every five years. Requires that the Center: (1) be a nonprofit entity associated with a public or private nonprofit university which has made, or is prepared to make, a substantial financial contribution towards its establishment; and (2) have a Director, appointed by such university and assisted by the advisory committee on research and program development. Sets forth provisions for program improvement activities. Authorizes the Secretary, after consultation with the advisory committee on research and program improvement, to use funds reserved under title I to establish not less than ten research institutes for vocational education at a minimum level of $300,000 each per year. Directs the Secretary to designate these institutes for a five-year period on the basis of competitive applications, the advice of non-Federal experts in vocational education and research, and specified criteria. Requires such institutes to: (1) conduct research and leadership development activities on nationwide programs in employment-related education; and (2) serve as independent entities for research and development focused on one or more specified areas. Authorizes the Secretary to also use such reserved funds for national program improvement activities through grants and contracts to private and public entities to assist vocational educational programs and supportive services of States and eligible recipients assisted under this Act. Includes graduate fellowship awards among such activities. Authorizes the Secretary to award solicited and unsolicited grants and contracts for program improvement activities. Requires that such awards include: (1) a program of small grants to entities such as individual researchers, community colleges, and State advisory councils; (2) requests for proposals consistent with the objectives of program improvement provisions; and (3) the funding of proposals initiated in the field. Directs the Secretary, in establishing such institutes and making such awards, grants, and contracts, to require recipients to contribute, in cash or in kind, at least ten percent of the costs of the institute or project. Directs the Secretary to: (1) ensure that program improvement activities represent a coordinated effort; and (2) include a summary and appraisal of such activities in the report to Congress on vocational education. Authorizes the Secretary, from funds available to carry out this title, to develop and implement, through grants and contracts, cooperative employer-education demonstration programs. Requires that such programs: (1) be established and operated by employers or consortia of employers, or recognized labor organizations or building trades councils, in cooperation with State boards and eligible recipients in two or more States; (2) provide worksite job training for vocational education graduates or advanced students which is linked to classroom and laboratory instruction provided by an eligible recipient; (3) provide placement services; (4) demonstrate cooperative programs between vocational education and the private sector; and (5) where practical, involve projects (such as housing rehabilitation in inner cities or economically depressed rural areas) that will benefit the public or result in increased opportunities for the disadvantaged, the handicapped, or women. Permits funds for such cooperative demonstration programs to be used for institutional and on-the-job training, supportive services, and technical and other assistance. Permits such programs to operate on a school-year, year-long, or summer basis, and be of whatever duration the Secretary specifies as appropriate. Requires that at least 25 percent of the cost of such cooperative demonstration programs be provided in cash or in kind by the recipient of the grant or contract. Directs the Secretary to appoint an advisory committee on research and program improvement to advise the Secretary: (1) on selection and management of programs funded under this title; (2) with respect to policy issues in the administration of the Center and in the selection and conduct of research and demonstration projects and activities by the center (also advising the Director of the Center on such issues, selection, and conduct); and (3) in the selection of research institutes. Sets forth provisions for advisory committee membership. Provides that members shall not be Federal employees. Requires the advisory committee to meet at least three times annually at the call of the Secretary, including at least one meeting at the Center. Title IV: General Provisions - Part A: State Administrative Responsibilities - Sets forth requirements relating to the functions of State boards of vocational education. Includes among State board responsibilities: (1) appointment of a State director of vocational education and other personnel to administer this Act; and (2) convening and meeting at least four times annually. Requires the State board to assign at least one full-time individual to assist it in specified ways. Directs each State to reserve a specified amount from its basic State grant for State board functions. Sets forth requirements relating to State advisory councils on vocational-technical education. Limits membership of each council to 15, a majority of whom must be represenatatives of private sector employment. Sets forth other membership representation requirements. Sets forth council functions and duties, including biennial evaluation of vocational education program delivery systems assisted under this Act and under JTPA, and of the adequacy and effectiveness of Federal, State, local, and private efforts to strengthen and improve vocational education in the State. Directs the Secretary, from sums appropriated for such State councils and allotted in a specified manner, to make grants to State councils to carry out their functions. Sets maximum and minimum limits on the amount of each such grant. Part B: Planning and Applications - Sets forth requirements for three-year State plans, to be submitted to the Secretary. Sets forth requirements for State applications for funds for each fiscal year under this Act. Sets forth requirements for three-year local plans by eligible recipients, to be formulated with the assistance of local advisory councils and to be submitted to the State board. Part C: Evaluation and Review - Sets forth requirements for program evaluation by State boards with the assistance of the Secretary. Directs the Secretary to report every two years to the Congress on the status of vocational education in the Nation, including a summary of State program evaluations, with conclusions and recommendations. Sets forth requirements for local progress reports and amendments to local plans. Part D: Federal Administrative Responsibilities - Sets forth provisions for payments to States for administrative costs. Sets forth maintenance of effort requirements. Sets forth provisions for withholding of funds from States by the Secretary, and for judicial review of such withholding. Part E: Transitional and Conforming Amendments - Sets forth provisions for the transition from requirements (including expenditure of funds) under the Vocational Education Act of 1963 to requirements under this Act. Transfers the personnel, property and records of: (1) the National Advisory Council on Vocational Education established under such Act to the President's Council on Vocational-Technical Education established under this Act and to the advisory council on research and program improvement established under this Act; and (2) the National Occupational Information Coordinating Committee established under such Act to the National Occupational Information Coordinating Committee established under this Act. Repeals the Vocational Education Act of 1963. Makes conforming amendments to the Job Training Partnership Act (JTPA), Elementary and Secondary Education Act of 1965, the Higher Education Act of 1965, the Adult Education Act, the Appalachian Regional Development Act of 1965, the Rehabilitation Act of 1973, and the Vocational Education Amendments of 1968. Part F: Definitions of Terms - Sets forth definitions of terms used in this Act.
United States · United States Congress · 6 October 1983
Civil Liberties Act of 1983 - Title I: Recognition of Injustice and an Apology on Behalf of the Nation - States that the Congress accepts the findings of the Commission on Wartime Relocation and Internment of Civilians and recognizes that a grave injustice was done to both citizens and resident aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. Title II: United States Citizens of Japanese Ancestry and Resident Japanese Aliens - Requests the President to offer pardons of those convicted of violating laws during the internment period whose violation was based on a refusal to accept racially discriminatory treatment. Provides that Federal departments and agencies that review applications for restitution of positions, status, or entitlement lost during the internment period shall review such applications giving full consideration to the findings of the Commission. Establishes within the Treasury a Civil Liberties Public Education Fund. Authorizes appropriations for the Fund. Requires the Attorney General to pay $20,000 each from the Fund in compensation to surviving internees. Establishes a Board of Directors which shall be responsible for making disbursement from the Fund. Provides that disbursement from the Fund shall be used to: (1) sponsor research and public educational activities dealing with the internment; (2) fund studies of similar civil liberties abuses; (3) prepare and distribute hearings and findings of the Commission; and (4) promote the general welfare of the ethnic Japanese community in the United States. Title III: The Aleuts - Requires the Attorney General to identify, locate, and pay a sum of $5,000 each to surviving internees of Alaskan Aleut ancestry. Establishes within the Treasury the Aleutian Islands Education and Restoration Fund. Authorizes appropriations for the Fund. Provides for a Board of Directors to be responsible for making disbursements from the Fund. Authorizes disbursements for community and individual purposes that will be compensatory for the losses and injuries suffered as a result of the evacuation of the Aleuts. Directs the Army Corps of Engineers to rebuild and restore churches and buildings damaged or destroyed in the Aleutian Islands and clear away the military debris that remains there from the evacuation and relocation period. Directs the Secretary of the Interior to convey the island of Attu, Alaska, to the Aleut native corporation. Title IV: Miscellaneous Provisions - Provides that all documents, personal testimony, and other material collected by the Commission shall be deposited in the National Archives of the United States.
United States · United States Congress · 6 October 1983
Comprehensive Trade Law Reform Act of 1983 - Title I: Countervailing and Antidumping Duties - Amends the Tariff Act of 1930 to direct the administering authority to order the suspension of all entries of merchandise subject to a preliminary determination in an antidumping or countervailing duty investigation if the preliminary determination of the International Trade Commission (ITC) is affirmative. Imposes the burden of persuasion with respect to allegations in such investigations upon the person in possession of the specific information necessary to verify or negate such allegations. Establishes within the Department of Commerce the Small Business International Trade Advocate Office (Advocate) which shall assist small businesses in the preparation for, and participation in, any proceedings related to the administration of the U.S. trade laws (including arguing on behalf of petitioners who are financially unable to prosecute antidumping and countervailing duty investigations). Provides that the Advocate may request the ITC to conduct on behalf of small businesses no more than three fact- finding investigations in a given fiscal year. Requires the Advocate each fiscal year to report its activities to specified congressional committees. Authorizes appropriations. Authorizes the administering authority and the ITC to make available under a protective order confidential information submitted by a party to an antidumping or countervailing duty investigation upon receipt of an application which describes the information requested. (Current law requires that the application must describe the information with particularity and must set forth the reasons for the request.) Requires that the information to be disclosed shall include all confidential information available to or prepared by the administering authority during an investigation, excluding customer names and the identity of market research organizations. Declares that it shall not be a requirement of disclosure that the person making the request demonstrate a need to have access to the information. Requires the administering authority or ITC to act upon requests for such information within ten days. Directs the ITC, in determining material injury or the threat of material injury in antidumping or countervailing duty investigations, to consider the cumulative impact of imports of merchandise under investigation when combined with imports of the same class or kind which are subject to similar investigations. Declares that in determining whether a petition requesting an antidumping or countervailing duty investigation states a cause of action the absence of a history of imports in sufficient volume to be a present cause of material injury shall not be a basis for a negative determination when a capability to increase exports is asserted. Amends the definition of the nature of a subsidy to require the ITC, in determining whether there is a threat of material injury, to consider information other than the information presented to it by the administering authority and to consider whether the alleged subsidy is related to a promotional program benefitting a specific industry. Sets forth the time periods to be considered by the ITC in determining material injury or threat of material injury. Requires the ITC, in determining threat of material injury, to consider evidence of: (1) increasing domestic inventories of imported merchandise; (2) new or increased capability to manufacture or export such merchandise in the countries under investigation or shift of production and exports among industry product lines; and (3) any effort by a foreign government or instrumentality to promote the development or growth of export capability of the industry under investigation through a combination of policies or programs. Authorizes the imposition of countervailing duties upon merchandise which is likely to be imported into the United States if such merchandise meets all the other requirements for the imposition of countervailing duties. Requires the imposition of countervailing or antidumping duties on merchandise if a U.S. industry is materially injured or threatened with material injury or the establishment of an industry in the United States is materially retarded by sales of imports or offers of sales of imports. Requires the ITC to make its preliminary determination in antidumping or countervailing duty investigations on the basis of the information contained in the petition and any information received by way of questionnaire response. Provides an extension of time for making a preliminary determination if the ITC does not believe the information contained in the hearing and the questionnaire responses establish material injury. Requires the ITC, in such a case, to schedule a hearing during which interested parties may address the factual issues of concern to the ITC. Permits an extension of time during which the preliminary determination by the administering authority in an antidumping or countervailing duty case may be made only if the petitioner files a timely request for such extension and the case is extraordinarily difficult. (Current law permits such extension if either of these conditions is met.) Excludes claims for antidumping and countervailing duties from the authority of the Secretary of the Treasury to compromise Government claims. Amends the Trade Agreement Act of 1979 to require the ITC, in cases involving revocation of countervailing duties, not to base a negative determination of potential material injury on any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received. Directs the administering authority, upon being notified of a negative determination of potential material injury based upon clear and convincing evidence presented by any party seeking revocation, to revoke an existing countervailing duty order and refund the countervailing duties that had been collected. Amends the Tariff Act of 1930 to prohibit the ITC and the administering authority from reviewing a final determination in a countervailing or antidumping duty case or the suspension of an antidumping or countervailing duty investigation less than five years after publication of notice of that determination or suspension. Authorizes the administering authority, after review, to revoke a countervailing or antidumping duty order or to terminate a suspended investigation. Prohibits the administering authority from taking such actions unless, upon clear and convincing evidence presented by any party seeking revocation or termination of a suspended investigation: (1) the administering authority finds that it is substantially unlikely that subsidized sales or sales at less than fair value will be resumed; and (2) the ITC makes a negative determination of potential material injury to U.S. industries by imports covered by the order or investigation. Prohibits the administering authority from revoking a countervailing duty order or terminating a suspended investigation on the basis of any export taxes, duties, or other charges levied on exports to the United States specifically intended to offset the subsidy received. Prohibits the administering authority from revoking a countervailing or antidumping duty order or terminating a suspended investigation unless the affected foreign manufacturers, producers, or exporters give assurances that they shall not receives subsidies or make sales at less than fair value. Sets forth penalties for violations of such assurances. Requires the administering authority and the ITC to continue an antidumping or countervailing duty investigation if the administering authority, within 20 days of publication of the notice of suspension of an investigation, receives a request for continuation of the investigation from the petitioner. Changes the definition of "interested parties" to include: (1) a trade or business association at least ten percent of whose members manufacture, produce, or wholesale a like product in the United States; and (2) a coalition which includes one or more certified unions or recognized groups of workers associated with the production of a like product in the United States and one or more entities which manufacture, produce, or wholesale a like product in the United States. Changes the definition of "like product." Directs the administering authority to reimburse petitioners, upon request, for the costs of preparing an investigation petition and of participating in an investigation if the investigation results in the issuance of a countervailing or antidumping duty order or a suspension agreement. Requires the payments to be made out of an account which shall be established by the administering authority and into which all countervailing and antidumping duties shall be paid. Declares that there shall be no presumption for or against agency action in any civil proceeding arising under the antidumping or countervailing duty provisions of the Tariff Act of 1930. Permits the administering authority to extend the deadline for a final determination in a countervailing duty investigation to the date of its final determination in an antidumping duty investigation if an antidumping duty investigation is initiated simultaneously with the countervailing duty investigation. Adds definitions of "negative determination" and of "affirmative determination" with respect to antidumping and countervailing duty determinations. Authorizes the administering authority to suspend a countervailing duty investigation if the subsidizing government or the exporters who account for substantially all of the imports of the merchandise subject to the investigation agree: (1) to eliminate the subsidy program completely within six months, except that the administering authority shall not accept an agreement unless the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented; or (2) to cease exports of that merchandise to the United States within six months. Authorizes the administering authority, for the purpose of determining the net subsidy, to subtract from the gross subsidy only the amount of: (1) any payment made to qualify for or to receive the benefit of the subsidy; and (2) any loss in the value of the subsidy resulting from its deferred receipt if the deferral is mandated by Government order. Changes the definition of "subsidy" to include a domestic subsidy provided directly or indirectly to a supplier of any input to the class or kind of merchandise imported into the United States. Amends the Trade Agreements Act of 1979 to require the ITC to review countervailing duty orders, upon request, if the request is received before a countervailing duty petition is filed with the administration authority. Amends the Tariff Act of 1930 to prohibit designating a country as a country under the Agreement on Subsidies and Countervailing Measures until the country has committed itself under the General Agreement on Tariffs and Trade to eliminate its export subsidies. Permits countries which are beneficiary developing countries under the Trade Act of 1974 to be designated as countries under the Agreement if, in lieu of such commitment such country agrees: (1) to phase out existing export subsidies within five years; (2) not to increase existing export subsidies, nor extend such subsidies to new merchandise, nor introduce new export subsidies; and (3) to eliminate within one year export subsidies on merchandise which the ITC determines is either produced by an import sensitive U.S. industry or already competitive in the U.S. market and would be competitive in the absence of export subsidies. Requires the President to review the status of and compliance with such agreements at least once during each 12-month period following the date on which the agreement becomes effective and upon the request of certain interested parties. Sets forth the effect of a finding by the President that a country designated as "a country under the Agreement" has not honored its commitments relating to eliminating subsidies. Requires that a countervailing duty order shall presumptively apply to all merchandise of the class of kind which have been determined to materially injure U.S. industries and which are exported from the country investigated, except that differing duties may be imposed if the administering authority determines that there is a significant differential between companies receiving subsidy benefits or if a State-owned enterprise is involved. Adds to the definition of "subsidy" specified programs and protections when used as part of a program to develop a significant export capability in a particular product sector. Requires that the foreign market value of the merchandise under investigation shall be the constructed value of the merchandise if the administering authority determines that the cost to the foreign producer of any foreign material incorporated in the merchandise under investigation is unreasonable. Requires that the cost of such preference or subsidy shall be included in the constructed value of the imported merchandise. Authorizes the administering authority to accept an agreement to restrict the volume of imports of merchandise into the United States (with either the government of the country where the merchandise which is being investigated is produced or with the exporters of such merchandise who account for substantially all the imports of such merchandise) if the agreement will eliminate completely the injurious effect of such imports. Authorizes the administering authority to prescribe regulations governing the entry or withdrawal from warehouse for consumption of merchandise covered by: (1) agreements to eliminate completely sales at less than fair value or to cease exports of merchandise; or (2) agreements to eliminate injurious effect. Requires the administering authority to have received the written consent of the petitioner before suspending an antidumping or countervailing duty investigation. Prohibits making an adjustment to the foreign market value of an import for specified differences in circumstances of sale or discounts. Requires the purchase price and exporter's sales price to be adjusted by being reduced by, among other costs, the costs relating to the circumstances of sale. Requires that "cost relating to" circumstances of sale rather than "differences in" circumstances of sale shall be taken into account if they cause a difference between the U.S. price and the foreign market value of the merchandise. Requires that the foreign market value of imported merchandise shall be the weighted average price of all sales or offers for sale of such merchandise subject to specified conditions. Prohibits the administering authority from using items selected by foreign manufacturers, producers, or exporters, or the U.S. importers of merchandise under investigation when the authority uses averaging or sampling techniques to determine the foreign market value of such merchandise. Revises the definition of sales at less than the costs of production to include sales through a related party if such sales are made below the cost of production including related party marketing costs. Requires such sales to be disregarded in determining foreign market value if they have been made over an extended period of time and in substantial quantities. (Current law requires that such sales, in order to be disregarded must also have been at prices which do not permit recovery of all costs within a reasonable period of time in the normal course of trade.) Includes within the definition of "exporter" for purposes of determining U.S. price, any person who owns or controls five percent (currently 20 percent) or more of the voting power or control in the business carried on by the person by whom or for whose account the merchandise is imported into the United States and also five percent (currently 20 percent) or more of such power or control in the business of the exporter, manufacturer, or producer. Requires that any differences between the U.S. price and the foreign market value of imported merchandise which are due to circumstances of sales shall reflect the actual selling expenses incurred by the purchasers in their markets. Repeals the provision for posting security in lieu of estimated antidumping duties pending an early determination of the antidumping duty. Authorizes the administering authority, upon request by an interested party, to negotiate settlement agreements the implementation of which shall be subject to the withdrawal of the petitions resulting in the antidumping or countervailing duty investigation. Provides for the enforcement of such agreements. Title II: Escape Clause - Amends the Trade Act of 1974 to authorize an entity which is representative of an industry (including an industry which produces parts irrevocably destined for incorporation in an article like or directly competitve with an imported article) to petition the ITC for import relief. Requires that the ITC, in determining whether increased imports of an article are causing or threatening serious injury to domestic industries, shall take into account whether the article under investigation is incorporated in an imported article. Deletes the provision which defines "substantial cause" for purposes of injury determination as a cause which is important and not less than any other cause. Requires that the ITC, whenever it has reason to believe that the increased imports are attributable to circumstances which come within the purview of other remedial provisions of law, shall promptly notify the appropriate agency and such agency shall initiate the appropriate action. Requires that an affirmative determination of serious injury under this title shall be considered to be an affirmative determination of material injury under other remedial provisions of law if the affirmative determination of serious injury has been made within 12 months of the date on which the petition was filed under the other statutes. Requires that the ITC, if it finds that a serious injury or the threat of a serious injury exists, shall, in order to prevent or remedy such injury: (1) find the amount of increase in or imposition of any duty; (2) determine a tariff rate quota on such article; (3) determine the quantitative import restriction on the import into the United States of such article; or (4) recommend any combination of such actions. Requires at least six months to elapse between investigations of import injury. Requires the ITC to determine, within 45 days of the filing of a petition, whether or not a reasonable indication that conditions for an affirmative finding of serious import injury exist if a petitioner alleges that imports of an article have increased by more than ten percent in volume or 20 percent relative to domestic production in the previous 12 months. Requires the Commissioner of Customs, if the ITC makes an affirmative determination of such indication, to order the suspension of liquidation of entry of such articles. Requires the suspension to continue until: (1) the ITC makes a negative determination of serious injury; or (2) import relief actions take effect. Requires an additional duty to be imposed on any article that is subject to a suspension of liquidation of entry if the ITC makes an affirmative determination of import injury. Deletes the provision authorizing the President to grant trade adjustment assistance instead of import relief to an industry which has been seriously injured by imports. Directs the President, if the President finds that it is in the national economic interest to provide import relief, to either place into effect the determination of the ITC or to negotiate one or more orderly marketing agreements pursuant to the ITC's determination. Requires the President, if the President determines that the import relief recommended by the ITC is not in the national economic interest and that there are alternatives which offset the injury to the same extent as the ITC's recommendations, to transmit to Congress a document setting forth: (1) such determination; (2) the reasons why the ITC's recommendation is not in the national economic interest; (3) other information with respect to the alternatives; and (4) proposed legislation to implement the President's recommendation. Provides for expedited consideration of the President's proposal in the Congress. Requires the President, within 31 days of the submission of such proposal to Congress to: (1) proclaim the actions recommended by the ITC if Congress does not enact the President's proposal; or (2) take the action recommended in the President's proposal. Requires that the import relief proclamation, if it provides for the imposition of or an increase in the rate of duty, shall also provide for periodic review and adjustment of the duty rate in order to maintain substantially the same amount of import relief that has been proclaimed. Requires that bilateral or multilateral orderly marketing agreements negotiated by the President shall limit the export from foreign countries and the import into the United States of articles subject to the import relief proclamation. Prohibits an orderly marketing agreement from becoming effective unless the ITC determines that it provides at least the same level and duration of import relief as found by the ITC to be necessary. Requires the President to proclaim the import relief found by the ITC if the ITC finds that the orderly marketing agreement does not provide the necessary import relief or if the ITC is evenly divided on the question. Requires the import relief to last for not less than five years and not more than ten years. (Current law terminates import relief after five years unless renewed.) Authorizes the import relief to be phased down during the period of such relief but only after the first three years have elapsed. Deletes the provisions providing for extension of import relief. Authorizes the President to reduce or terminate import relief but only after at least five years have elapsed. Requires at least one year to elapse between the end of a period of import relief with respect to an article and the beginning of a new investigation into import relief with respect to such article. (Current law requires two years to elapse between investigations.) Title III: Enforcement of United States Rights - Authorizes the administering authority, based upon information available to it or upon a petition filed with it, to initiate investigations relating to the enforcement of U.S. rights under trade agreements and relating to the U.S. response to certain unfair foreign trade practices. (Current law authorizes the President to begin such investigations.) Authorizes the administering authority to take specified steps to enforce such rights or to respond to the foreign trade practices. Declares that a foreign practice that denies fair and equitable market opportunities to U.S. goods or services or denies to U.S. businesses fair and equitable opportunities for the establishment of an enterprise shall be considered an unreasonable practice which burdens U.S. commerce. Declares that foreign industrial targeting of a specific sector or sectors of the economy shall be considered an unreasonable practice that burdens U.S. commerce. Requires the administering authority to take action if a foreign government has engaged in industrial targeting which causes or threatens to cause material injury to a U.S. industry or which materially retards the establishment of an industry in the United States. Authorizes any interested person to file a petition with the administering authority requesting action to enforce U.S. rights under trade agreements and to respond to certain foreign trade practices. Requires the administering authority to review the sufficiency of the allegations of the petition within 20 days of its filing date. Requires the administering authority, if it finds that the petition provides the basis for action, to publish the petition and provide an opportunity for hearing. Requires the administering authority, if it finds no basis for action in the petition, to reject the petition and inform the petitioner of the reasons for the rejection. Deletes the provision requiring consultation with the affected foreign country regarding issues raised by the petition. Directs the administering authority to present questionnaires to the affected foreign governments and foreign enterprises to develop information about the allegations. Requires the administering authority to verify the information provided by such governments and enterprises and relied upon by the administering authority. Requires the final determination of the administering authority to be based upon the best information available if the foreign governments or entities do not respond to the questionnaires or if the responses cannot be verified. Requires the administering authority to issue a preliminary determination within five months of the initiation of the investigation. Requires the administering authority, if the preliminary determination is affirmative, to take specified actions on a provisional basis. Requires the administering authority to make a final determination within 11 months of the initiation of the investigation. Requires specified actions to be taken within 30 days if the final determination is affirmative. Requires the administering authority to consult closely with the petitioner on the nature of the action taken. Directs the administering authority to make confidential information submitted during an investigation available upon request. Prohibits disclosing customer names and the identity of market research organizations. Authorizes the administering authority, if the contracting parties to the General Agreement on Tariffs and Trade (GATT) disapprove an action taken by the United States, to modify or terminate the action or take such other action as it deems appropriate to compensate an adversely affected foreign country. Defines "administering authority" to mean the U.S. Trade Representative or any other U.S. officer to whom the responsibilities of the administering authority under this title are transferred by law. Requires the administering authority to collect data on foreign nontariff trade barriers, foreign barriers to investment, and foreign government programs to promote particular industries. Requires the administering authority to report quarterly to Congress on the information collected. Provides for judicial review of determinations of the administering authority by the U.S. Court of International Trade. Requires the Court to hold unlawful any determination found to be unsupported by substantial evidence on the record or otherwise not in accordance with law. Title IV: Private Remedies - Amends the Revenue Act of 1916 to permit a civil suit against manufacturers, exporters, or importers of an article if: (1) the article is manufactured or produced in a foreign country and imported or sold within the United States at a price less than the foreign market value or constructed value of such article; (2) the importation or sales cause or threaten material injury to U.S. industry or labor or prevent the establishment or modernization of any industry in the United States; and (3) the person filing the suit is injured in business or property because of the importation or sale. Authorizes a plaintiff, if a defendant is found liable, to recover the costs of the action, damages for the injury sustained, or appropriate equitable relief. (Current law provides for criminal penalties and treble damages in civil suits.) Declares that the standard of proof in such actions is the preponderance of the evidence. Grants subpoena power to the district court involved in the case. Makes the District Director of the U.S. Customs Service for the port through which the article is commonly imported the agent of the manufacturer or exporter for service of process. Imposes a four year statute of limitation on such actions. Supends the running of the statute of limitation during certain administrative proceedings under the Tariff Act of 1930. Authorizes the court to enjoin further importation, sale, or distribution of the article or take any other action authorized by the Federal Rules of Civil Procedure if the defendant fails to comply with court orders. Preserves the confidentiality of information used in such action. Requires such an action to be expedited in every way possible. Includes within the foreign market value or constructed value of the article any subsidy provided to the manufacturer, producer, or exporter of the article. Expresses the sense of the Congress that the provisions of this title are consistent with the GATT. Title V: Miscellaneous - Sets forth the effective date of this Act.
United States · United States Congress · 6 October 1983
States that the United States, in negotiating an arms control agreement with the Soviet Union, should delay for six months the deployment of Pershing II and cruise missiles in Europe if the Soviet Union agrees to negotiate for specified mutual nondeployment and reductions of nuclear force missiles in Europe. Suggests that the United States and the Soviet Union should work with their respective allies to achieve a multilateral agreement on a reduction and a ban on nuclear weapon systems. Urges that the negotiations in Geneva on Soviet-American intermediate-range nuclear systems should be combined with the Strategic Arms Reduction negotiations with the objective of achieving a verifiable U.S.-Soviet freeze and reduction in the deployment of nuclear missiles and other delivery systems.
United States · United States Congress · 5 October 1983
Synthetic Fuels Corporation Fiscal Accountability Act of 1983 - Amends the Energy Security Act to prohibit the U.S. Synthetic Fuels Corporation from making new awards of financial assistance after the date of the enactment of this Act and before the date on which the Corporation's comprehensive strategy for achieving the national synthetic fuel production goal is approved by Congress. Makes limitations on Corporation construction projects effective upon the enactment of this Act rather than upon approval of the comprehensive strategy as provided under current law.
United States · United States Congress · 5 October 1983
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include coverage for the services of a mental health specialist. Defines mental health specialist to mean : (1) a clinical psychologist; (2) a clinical social worker; (3) a psychiatric nurse specialist; (4) a psychiatrist; or (5) a clinical mental health counselor.
United States · United States Congress · 4 October 1983
Alternative Energy Tax Incentives Act of 1983 - Amends the Internal Revenue Code to extend the residential energy income tax credit for renewable energy sources for five years from 1985 to 1990. Reduces the qualifying percentage for energy source expenditures by specified increments between 1985 and 1990. Increases from 15 percent to 20 percent the investment tax credit for solar, wind, geothermal, and ocean thermal property. Extends such tax credit for five years from 1985 to 1990. Extends the investment tax credit for hydroelectric generating property and biomass property for five years from 1985 to 1990. Reestablishes the credit for cogeneration property until 1990. Qualifies until 1995 affirmative commitments for solar, wind, geothermal, ocean thermal, biomass, and cogeneration projects begun by December 31, 1990. Eliminates the 20 percent limitation for oil and natural gas used in cogeneration facilities. Qualifies as biomass property methane- containing gas produced by anaerobic digestion from nonfossil waste materials. Revises the definition of geothermal deposit to lower the required temperature to 104 degrees Fahrenheit (from 122 degrees Fahrenheit). Includes shale oil property and tar sands equipment as energy property for purposes of the investment tax credit.
United States · United States Congress · 28 September 1983
Directs the Administrator of Veterans Affairs to establish a program to assist State governments in funding State established veterans' services programs which assist veterans with their benefits. Sets forth grant application procedures, including a description of the State plan for coordination of a State veterans' services assistance program with the programs of local veterans' service organizations. Requires a State plan to show that the delivery of services will be managed at the local level and that a State will increase the amount of matching funds it provides in each fiscal year through the third fiscal year of the grant. Directs the Administrator to prescribe regulations to evaluate grant applications. Authorizes appropriations for FY 1984 through 1986.
United States · United States Congress · 15 September 1983
Amends the Federal Water Pollution Control Act (also known as the Clean Water Act) to allow any State to prepare and submit for approval to the Administrator of the Environmental Protection Agency: (1) a survey of water quality deterioration in the State which has resulted from acid deposition; and (2) methods and procedures to restore the water quality insofar as it has deteriorated as a result of acid deposition. Directs the Administrator to provide financial assistance to States to carry out such approved methods and procedures. Limits the amount of any such grant to 80 percent of the State expenditure for carrying out the approved methods and procedures. Directs the Administrator to provide for equitable distribution of such grants on the basis of the relative need of each State for the restoration of water quality which has deteriorated as a result of acid deposition. Provides that such grants shall be in addition to, and not in lieu of, any other Federal assistance. Authorizes appropriations to carry out this Act for FY 1984 through 1988.
United States · United States Congress · 14 September 1983
Urges the President to: (1) use every diplomatic and political tool to ensure that those responsible for the death of Benigno Aquino are brought to justice; (2) cancel his trip to the Philippines; and (3) propose the convening of an impartial international tribunal to investigate the Aquino assassination. States that the Congress expects: (1) democracy to be restored to the Philippines; and (2) free elections to be held there in May 1984 with a free press and the full participation of the opposition parties. States that if the Marcos government refuses such tribrunal and elections, the United States should reevaluate its relations with the Marcos government, including the status of military and economic aid. Expresses congressional condolences to the Aquino family and the Filipino people.
United States · United States Congress · 13 September 1983
Authorizes the Veterans Administration to furnish each veteran with a compensable service-connected disability such drugs and medicines as may be prescribed by any licensed physician for treatment of the service-connected disability.
United States · United States Congress · 13 September 1983
Designates the week beginning February 12, 1984, as a time to recognize the contributions of volunteers who become Big Brothers and Big Sisters to single parent youths.
United States · United States Congress · 12 September 1983
Amends the Internal Revenue Code to provide that a State shall not be required to deny unemployment benefits to certain employees of educational institutions.
United States · United States Congress · 4 August 1983
Wine Equity Act of 1983 - Requires the President to direct the U.S. Trade Representative (USTR) to negotiate the harmonization of tariff and nontariff barriers on wine with each designated major trading country. Requires negotiations with designated major trading countries which do not export wine to the United States in order to eliminate all tariff and nontariff trade barriers of such countries to the importation of U.S. wine. Requires the President to impose tariff and nontariff trade barriers equal or substantially equivalent to the barriers applied by a designated major trading country if such country does not provide harmonization to U.S. produced-wine with 180 days of the country's designation as a designated major trading country. Provides for removing such U.S. tariff and nontariff barriers. Requires the USTR to report to specified congressional committees at the beginning and end of each negotiation. Requires the USTR to consult with such committees to identify further tariff and nontariff barriers to and potential markets for U.S. wine. Provides for assistance for the USTR from other Federal agencies.
United States · United States Congress · 3 August 1983
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, 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 medical improvement in the individual's impairment so that the individual can engage in substantial gainful activity; (2) the individual can engage in substantial gainful activity as a result of medical or vocational therapy or technology; or (3) on the basis of new or improved diagnostic techniques, the individual's impairment is not considered as disabling as it was at the time of the most recent prior disability determination and the individual can engage in substantial gainful activity. Requires the Secretary of Health and Human Services to: (1) conduct a study, in conjunction with the National Academy of Sciences, on the use of subjective evidence of pain in making disability determinations; and (2) submit the study results to specified congressional committees. Requires the Secretary 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. Title II: Disability Determination Process - Requires the Secretary to revise 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. 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. 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 or modify 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 evidence before or at such hearing. Entitles an individual who is dissatisfied with an initial decision by the Secretary to judicial review. Requires the Secretary to conduct demonstration projects in at least five States implementing the amendments made by this Act. Requires the Secretary to report to specified congressional committees on such projects. Removes certain time restrictions on the continued payment of disability benefits during the appeal process. Requires the Secretary to study and report to specified congressional committees on: (1) the effect of the continued payment of benefits during the appeal process upon the expenditures of the Federal Disability Insurance Trust Fund; and (2) the rate of appeals to administrative law judges of unfavorable disability benefit entitlement determinations. Provides that a disability determination in the case of an individual with a mental impairment shall be made only after a qualified psychiatrist or psychologist employed by the State agency or the Secretary has made the proper medical evaluation. Requires the Secretary to prescribe standards with respect to consultative examinations which must be obtained for disability determinations. 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. Specifies certain decisions 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. Expands the types of cases with respect to which States may be reimbursed by the Secretary for the costs of furnishing vocational rehabilitation services. Establishes in the Department of Health and Human Services an Advisory Council on the Medical Aspects of Disability, which shall advise and make recommendations to the Secretary on disability standards, policies, and procedures. Terminates the Council on December 31, 1985. Amends title VII (Administration) of the Social Security Act to require that each report by the Secretary to Congress on the administration of the Social Security Act contain a description of the current status of the disability insurance program under title II of such Act. 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 · 3 August 1983
Computer Literacy Act of 1983 - Title I: Acquisition of Computer Hardware - Directs the Secretary of Education to allocate funds to local educational agencies (LEAs) for the acquisition of computer hardware for use in school classrooms. Directs the Secretary to allocate a specified amount to each State educational agency (SEA) for monitoring and enforcement. Sets forth requirements for LEA applications for such funds, to be approved by SEAs. Sets forth State responsibilities under this title. Sets forth provisions for participation of children from private schools. Authorizes appropriations for FY 1984 through 1993 to carry out this title. Title II: Teacher Training Institutes - Directs the National Science Foundation (NSF) to arrange for short-term or regular session institutes for advanced study to improve the qualifications of individuals who are engaged in, or preparing to engage in: (1) teaching the operation and use of new technologies; or (2) supervising or training such teachers. Directs the NSF to make grants or contracts for the development and operation of such institutes by nonprofit professional scientific or engineering organizations, science museums, regional science education centers, SEAs, and institutions of higher education (including community colleges). Requires that special consideration for such grants and contracts be given to institutes training teachers, or supervisors or trainers of teachers, serving or preparing to serve in elementary and secondary schools enrolling substantial numbers of culturally, economically, socially, and educationally handicapped youth, or in programs for children of limited English language proficiency. Provides for stipends for individuals who attend such institutes. Authorizes appropriations for FY 1984 through 1993 to carry out this title. Title III: Information Dissemination and Evaluation - Directs the National Institute of Education (NIE) and the NSF to provide advice and technical assistance to SEAs and LEAs on the expenditure of funds under title I and on acquisition of suitable computer software by: (1) evaluating and disseminating information on available computer hardware and software's classroom usefulness; and (2) developing model educational software and making this available to computer software producers and distributors, teachers, and school administrators. Directs NIE and NSF to carry out such functions under grants or contracts. Authorizes appropriations for FY 1984 through 1993 for such purpose. Directs the NSF to conduct, assist, and foster research and experimentation on, and dissemination of, models of instruction in the operation and use of computers. Directs the NSF to do so: (1) through grants to or contracts with nonprofit professional scientific or engineering organizations, science museums, regional science education centers, public television, SEAs, and institutions of higher education (including community colleges); and (2) giving priority to proposals prepared with active and broad community involvement or proposals to establish model training programs for adults. Permits funds from such grants or contracts to be used for the acquisition of computer hardware and software. Requires the Director of NSF to: (1) report to Congress annually on the results of such research and experimentation; and (2) in conjunction with NIE, disseminate information on such results to LEAs. Authorizes appropriations for FY 1984 to 1993 for such research, experimentation, and dissemination.
United States · United States Congress · 3 August 1983
Prohibits sending combat troops into Costa Rica, El Salvador, Guatemala, Honduras, or Nicaragua for training exercises or any other purposes unless: (1) Congress has authorized their presence in advance by a joint resolution signed by the President; or (2) the presence of such troops is necessary to provide for the immediate evacuation of U.S. citizens, or to respond to a clear and present danger of military attack on the United States. Declares that, in either case, the President should advise and consult, to the extent possible, in advance with the Congress.
United States · United States Congress · 2 August 1983
Entitles an inspector for the Immigration and Naturalization Service or the United States Customs Service to a civil service annuity after such inspector reaches age 50 and completes 20 years of combined service as an inspector, Federal fire fighter, or Federal law enforcement officer.
United States · United States Congress · 25 July 1983
Establishes the Kamehameha National Monument in Hawaii. Requires the Secretary of the Interior to provide facilities to commemorate the historical significance of the monument. Authorizes appropriations.
United States · United States Congress · 20 July 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Margaret Truman Daniel, daughter of Harry S. Truman, in recognition of the lifetime of outstanding public service he gave to the United States. Commemorates his one hundredth birthday which will be celebrated on May 8, 1984. Authorizes appropriations.
United States · United States Congress · 23 June 1983
National Acid Deposition Control Act of 1983 - Title I: Acid Deposition Control and Assistance Program - Amends the Clean Air Act to establish new requirements for acid deposition control. Sets forth direct federally mandated emission reductions and retrofit technology for the 50 fossil fuel fired electric utility generating plants which had the largest total emissions of sulfur dioxide during the calendar year 1980. Directs the Administrator of the Environmental Protection Agency to: (1) identify each such plant which emitted sulfur dioxide during calendar year 1980 at an annual average rate equal to or exceeding three pounds per million Btu; (2) within two months after enactment of this Act, publish a list of the 50 plants which have the largest total emissions; (3) notify the owner or operator of each of the 50 plants listed; and (4) within four months after such enactment, and after notice and opportunity for comment, publish a final list of the 50 plants with the largest total emissions. Requires the owner or operator of each plant on the final list to submit to the Administrator, by January 1, 1985, a compliance schedule, including increments of progress. Directs the Administrator to approve or disapprove such schedule, within one year after submission, and after notice and opportunity for hearing. Directs the Administrator, if such schedule is not submitted by the deadline or is not approved, to promulgate a compliance schedule for such plant on January 1, 1986. Provides for modification and publication of such schedules. Requires that each compliance schedule provide that: (1) a technological system of continuous emission reduction be used for each steam generating unit in the fossil fuel fired electric utility generating plant concerned; and (2) sulfur dioxide emissions from such plant for the calendar year 1990 and each calendar year thereafter shall not exceed 1.2 pounds per million Btu heat input and ten percent of the total annual sulfur dioxide emissions during calendar year 1980 (90 percent reduction) or 0.6 pounds per million Btu and 30 percent of the total annual sulfur dioxide emissions during the calendar year 1980 (70 percent reduction). Sets forth procedures for determining plant compliance with such emission limitation. Requires that: (1) contracts be entered into for the purchase and installation of the technological systems of continuous emission reduction by January 1, 1988; (2) such systems be installed and in operation by January 1, 1990; and (3) the emission limitation be achieved for each calendar year after 1989. Directs the Administrator, from the Acid Deposition Control Fund established under this Act, to pay for 90 percent of the costs of construction and installation of the technological system of continuous emission reduction necessary for each such plant to comply with the emission limitation. Directs the Administrator, after consultation with the Secretary of the Treasury, to promulgate regulations under which such payments: (1) may be made to utilities only if they will be used entirely to reduce those electric rate increases which would otherwise result from such construction and installation; and (2) shall be made at such times as will minimize rate increases. Sets forth requirements for State plans for additional emission reductions of sulfur dioxide. Directs the Administrator, within four months after the enactment of this Act, to compute a State share, for each of the 48 contiguous States, of a 10,000,000 ton reduction in annual emissions of sulfur dioxide by 1993 below that of 1980. Sets forth a formula for computation of State shares. Permits the Governors of two or more States to reallot State shares among agreeing States, if there is an equal or greater total reduction in annual emissions of sulfur dioxide through such reallotment. Sets deadlines and procedures for submission and approval of State plans for such State shares. Directs the Administrator to promulgate a State plan on January 1, 1988, if no State plan has been: (1) submitted by June 1, 1985; or (2) approved by January 1, 1988. Requires State plans for State shares to provide for emission limitations applicable to any stationary sources in the State for which the actual annual sulfur dioxide emission rates have been calculated by the Administrator for the calendar year 1980, other than a source which is one of the listed 50 electric utility plants subject to direct federally mandated emission reductions. Requires that the emission limitations for each stationary source subject to the State plan establish an allowable average annual sulfur dioxide rate at a level such that the total reduction would equal the State share, with specified credits for States in which any of the 50 listed plants are located. Permits State plans for State shares to provide for compliance with emission limitations through use of technological systems of continuous emission reduction or any other appropriate requirements. Directs the Administrator, from the Acid Deposition Control Fund (established within this Act), to pay for 90 percent of the costs of the construction and installation at an electric utility generating plant of any technological system of continuous emission reduction necessary to comply with requirements under a State plan for a State share of sulfur dioxide emission reductions. Subjects such payments to regulations relating to reduction of increases in utility rates. Establishes a trust fund in the Treasury of the United States to be known as the Acid Deposition Control Fund, consisting of amounts generated by fees imposed under this Act. Directs the Administrator to make payments from the fund first to facilities covered by direct federally mandated emission reductions and then to facilities covered by State share plan requirements. Directs the Secretary of the Treasury to be the trustee of the Fund and to report to the Congress for each fiscal year ending on or after September 30, 1984, on its financial condition and the results of its operation during such fiscal year and on its expected condition and operations during the next five fiscal years. Sets forth Fund investment duties of the Secretary. Imposes, under regulations promulgated by the Administrator, a fee of one mill for each kilowatt hour of electric energy: (1) generated in the contiguous 48 States by an electric utility; and (2) imported into the contiguous 48 States. Exempts from such fee electric energy: (1) used at the electric generating facility concerned; or (2) generated by a nuclear generating facility. Makes such fee effective with respect to electric energy generated, or imported, after December 31, 1984. Makes the fee cease to apply on the earlier of: (1) December 31, 1995; or (2) the date on which all payments required under this Act have been made. Authorizes the Administrator to terminate the fee at an earlier date upon estimation that sufficient funds have been collected to fund all such required payments. Directs the Administrator to promulgate within six months after enactment of this Act regulations setting forth the time and manner required for payment of such fee and related reporting requirements. Establishes civil penalties for: (1) electric utilities (or importers of electric energy) which fail or refuse to pay such fees or to file required reports; and (2) any person who makes false or misleading statements in such required documents. Directs the Administrator to bring civil actions in such cases. Establishes additional criminal penalties for electric utilities (or importers of electric energy) which knowingly commit such violations. Makes conforming amendments. Title II: Control of Nitrogen Oxide Emissions - Directs the Administrator to revise standards of performance for new stationary sources for emissions of nitrogen oxides from electric utility steam generating units which burn bituminous or subbituminous coal and which commence construction after the enactment of this Act. Prohibits the emission of nitrogen oxides from such units at a rate which exceeds: (1) 0.30 pounds per million Btu, in the case of subbituminous coal; and (2) 0.40 pounds per million Btu, in the case of bituminous coal. Adds to provisions relating to emissions from mobile sources to set the following nitrogen oxide emission standards for model year 1986 and after truck and truck engines: (1) gross vehicle weight of 6,000 pounds or less - 1.2 grams per vehicle mile; (2) 6,000 to 8,500 pounds - 1.7 grams per vehicle mile; and (3) more than 8,500 pounds - 4.0 grams per brake horsepower-hour.
United States · United States Congress · 23 June 1983
Amends the Federal Supplemental Compensation Act of 1982 to revise provisions for determining the number of weeks of Federal supplemental unemployment compensation payable in any State.
United States · United States Congress · 16 June 1983
Amends the Internal Revenue Code to exclude from gross income any amount which would be includible in gross income by reason of the discharge of a home mortgage loan. Limits the excludible amount to the adjusted basis in the principal residence. Reduces the basis of the residence by the amount excluded from gross income.
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 · 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 · 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 · 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 · 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
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 · 24 May 1983
Amends the Higher Education Act of 1965 to increase the annual and aggregate loan limits under the insured, guaranteed, and direct student loan programs.
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
High Technology Educational Development and Research Act of 1983 - Amends the Internal Revenue Code to allow corporations an income tax deduction for contributions of scientific and technical property or services to an institution of higher education. Defines scientific property to mean computer software or other equipment used in a trade or business, which is donated for the direct education of students and faculty, for research and experimentation, or for research training in the United States in mathematics, the physical or biological sciences, engineering, or computer science. Sets forth a formula for determining the amount of the allowable deduction for contributions of scientific property or services. Limits the amount of such deduction to ten percent of taxable income computed without regard to specified deductions. Expands the income tax credit for increasing research activities to include the cost of scientific education provided by an institution of higher education and subsidized by a corporate taxpayer. Provides for an income tax exclusion for the scholarships, fellowship grants, student loan forgiveness, or stipends of a graduate student in mathematics, engineering, computer science, or the physical or biological sciences. Specifies that such tax exclusion is not forfeited merely because the student is required, as a condition of the scholarship or fellowship, to perform future service in teaching or research.
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 · 19 May 1983
Expresses the support of the House of Representatives for Lebanon's and Israel's agreement on arrangements for the withdrawal of Israeli forces from Lebanon. Calls upon other nations to work toward the withdrawal of all foreign forces from Lebanon. Emphasizes the need of all nations to recognize the sovereignty of Lebanon. Urges Syria and the Palestine Liberation Organization to agree to the arrangements for the withdrawal of their forces from Lebanon.
United States · United States Congress · 18 May 1983
Amends the Internal Revenue Code to allow income tax deductions for contributions to private foundations on the same basis as contributions to public charities (deductible up to 50 percent of the taxpayer's adjusted gross income). Redefines "lineal descendants" to include only children and grandchildren, for purposes of private foundation penalty tax rules dealing with substantial contributors. Provides that private foundation gifts to public charities do not forfeit their tax deductibility due to the disqualification of the charity's tax exemption if: (1) the gift is made before the Secretary of the Treasury publishes a notice of disqualification or before the foundation receives actual notice of disqualification; (2) and the foundation was not responsible for or aware of the charity's change in status. Exempts a private foundation from expenditure responsibility requirements if such foundation and all related foundations contribute no more than $15,000 in grants during a taxable year. Permits the Secretary to abate first tier penalty taxes on private foundations if it is determined that a violation of private foundation rules was due to a good faith error or omission and was corrected within the statutory correction period.
United States · United States Congress · 18 May 1983
Interstate Compact - Grants congressional consent to the interstate compact entered into by Connecticut, Massachusetts, New Hampshire, and Vermont relating to the restoration of Atlantic salmon to the Connecticut River Basin and creating the Connecticut River Atlantic Salmon Commission. Authorizes the Secretaries of Commerce and the Interior to participate as members of such Commission.
United States · United States Congress · 17 May 1983
Long-Range Research and Development Tax Planning Act of 1983 - Amends the Economic Recovery Tax Act of 1981 to make permanent the income tax credit for increasing research activities.
United States · United States Congress · 12 May 1983
Amends the Internal Revenue Code to exempt from the excise tax on sales of heavy trucks and trailers piggyback trailers or semi trailers designed for use principally in connection with trailer-on-flatcar service by rail.