United States · United States Congress · 3 August 1983
Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Eliminates execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or use of alcohol or narcotic drugs; (6) undergo medical treatment; (7) forfeit property upon failure to appear; and (8) return to custody at specified hours. Authorizes a judicial officer to order the detention for up to five days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving: (1) a serious risk of flight or obstruction of justice; or (2) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person awaiting sentencing or appeal unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions.
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
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury or the court upon motion by the defendant when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act; or (4) attempted to kill the President of the United States. Lists additional aggravating factors. Sets forth special aggravating factors with respect to the crimes of treason and espionage. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on an unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Authorizes the death penalty for the crime of attempting to kill the President of the United States if the attempt results in bodily injury to the President or otherwise comes dangerously close to causing his death. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 3 August 1983
Amends the Federal criminal code to establish penalties for taking or attempting to take by force and violence or intimidation a controlled substance from a pharmacy. Increases the penalties if any person's life is endangered by use of a dangerous weapon or if any person is assaulted or killed during commission of such offense.
United States · United States Congress · 3 August 1983
Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Increases the additional penalty imposed for such offense to eight years imprisonment for a first offense (currently, one to ten years), 15 years for a second offense (currently, two to 25 years for a second or subsequent offense), and life imprisonment for a third or subsequent offense. Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Prohibits parole for any offender who is sentenced to imprisonment pursuant to this Act.
United States · United States Congress · 3 August 1983
Insanity Defense Reform Act of 1983 - Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that the defendant, as a result of mental disease or defect, lacked the ability to understand the nature and quality of the act or lacked the ability to distinguish right and wrong with respect to the act. Places the burden of proof of insanity on the defendant. Requires that any person found not guilty only by reason of insanity be committed to a facility until eligible for release. Requires the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is currently suffering from a mental disease or defect and his release would create a substantial danger to himself or herself or another person or serious damage to the property of another. Directs the Attorney General to release such person to a mental hospital or other suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger. Directs the court to order the discharge of a person who is found to have recovered. Provides for a special verdict of "guilty but mentally ill." Directs the Attorney General to take action to assure that a person found guilty but mentally ill receives appropriate treatment for any mental illness occurring during the term of such sentence.
United States · United States Congress · 2 August 1983
Agricultural Stabilization and Conservation Committee Act of 1983 - Amends the Soil Conservation and Domestic Allotment Act to require that the number of local agricultural stabilization and conservation (ASC) committees in a county shall not be less than existed as of December 31, 1980. Requires with regard to such committees that: (1) all members, as of January 1, 1984, be elected to three-year terms; and (2) they meet at least four times a year. Sets forth committee duties and makes them effective as of January 1, 1984. Expands the Secretary of Agriculture's authority to use local and county committees. Amends the Agricultural Adjustment Act of 1938 to require the Secretary to pay: (1) travel expenses for members of State, county, and local ASC cmmittees; and (2) hourly compensation for work actually performed to county members (at GS- 11 rate) and to local members (at GS-9 rate).
United States · United States Congress · 2 August 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require: (1) the equitable distribution of lump-sum death benefits if there is no widow or widower who was living in the same household with an insured individual at the time of his or her death; or (2) the payment of such sum to the person assuming responsibility for the burial expenses of the deceased individual if there are no persons to whom such sum should be paid pursuant to title II requirements. Provides that the amount of the lump-sum death payment shall be equal to the amount of the average monthly old-age insurance benefit during the calendar year preceding the calendar year in which an insured individual dies. (Under current law, the lump-sum death payment is equal to the smaller of three times the insured individual's primary insurance amount or $255.)
United States · United States Congress · 29 July 1983
Joint Chiefs of Staff Reorganization Act of 1983 - Establishes the Chairman of the Joint Chiefs of Staff after the Secretary of Defense in the chain of combatant commands. Eliminates the numerical restriction on the Joint Staff of the Joint Chiefs of Staff. Sets forth the terms and conditions of service on the Joint Staff by officer personnel. Grants each officer serving as a chief of service or as the commander of a unified or specified command an opportunity to comment on reports of the Staff before their submittal to the Joint Chiefs. Directs the Secretary of Defense to ensure the independence of the Joint Staff. Makes the Chairman a member of the National Security Council.
United States · United States Congress · 29 July 1983
Hunters' Protection Act of 1983 - Amends the Federal criminal code to make it a Federal offense to obstruct or impede the participation of any person in a lawful hunt or hunting season. Provides for a fine of not more than $500 and/or imprisonment for not longer than 60 days or if violence or the destruction of property occurs a fine of not more than $5,000 and/or imprisonment for not more than five years.
United States · United States Congress · 29 July 1983
Firearms Manufacturers Protection Act of 1983 - Establishes immunity for firearms manufacturers from any liability imposed by Federal, State, or local law on the grounds that the firearm would be used for illegal purposes.
United States · United States Congress · 29 July 1983
Firearms Owners' Protection Act of 1983 - Establishes immunity for firearm owners or dealers from any liability imposed on the grounds that the firearm would be used without permission for illegal purposes.
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 · 14 July 1983
Amends the Trade Act of 1974 to prohibit the President from making new agricultural products or byproducts eligible articles under the Generalized System of Preferences as of January 1, 1984. Declares that no agricultural products or byproducts which are like or directly competitive with U.S. products shall be eligible under the Generalized System of Preferences after January 1, 1985.
United States · United States Congress · 14 July 1983
Amends the Agricultural Act of 1949 to require the Secretary of Agriculture to announce 1984 feed grain acreage limitations or set-asides by September 16, 1983.
United States · United States Congress · 30 June 1983
Patent Term Restoration Act of 1983 - Amends the patent laws to extend the terms of patents which encompass specified products or a method for using a product, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products).
United States · United States Congress · 30 June 1983
Amends the Internal Revenue Code to provide that one-half of the cost of insurance paid by a self-employed taxpayer for medical care during the taxable year will be allowed as a business deduction.
United States · United States Congress · 29 June 1983
Soil Conservation Act of 1983 - Title I: Policy, Findings, and Definitions - States policy, findings and definitions. Title II: Program Eligibility on Highly Erodible Land - Declares that any person who produces an agricultural commodity on highly erodible land shall be ineligible with respect to such commodity for: (1) price or income support assistance; (2) a loan for the construction or purchase of a storage facility; (3) crop insurance; (4) a disaster payment; or (5) any new loan if used for a purpose which will contribute to excessive erosion of highly erodible land. Exempts from such restrictions lands and crops cultivated before enactment of this Act and any crop produced under an approved conservation system. Title III: Certified Voluntary Set-Aside - Directs the Secretary of Agriculture to establish a program whereby owners and operators of cropland certify that certain crops have been planted with grass or legumes as part of a rotation pattern designed to reduce soil erosion or build soil productivity. Provides for annual renewal. Provides for the classification of croplands eligible for certification. Directs the Secretary to allow any farmer who has certified lands to designate those lands as cropland in rotation for purposes of establishing a normal crop acreage base for his farm. Allows farmers to designate certified lands as set-aside land or conserving-use acreage in a commodity stabilization program before the Secretary announces such program. Title IV: Conservation Reserve Program - Authorizes the Secretary to establish a program to assist owners and operators of erosion-prone land in making changes in land-use needed to conserve and protect soil and water resources. Authorizes the Secretary to enter into contracts to carry out these purposes. Prescribes the contents of such contracts. Requires the Secretary to provide technical assistance, to share the cost of conservation measures, and to pay land-rental fees on conserved lands to the contracting owner or operator. Provides a formula to determine the Secretary's share of conservation costs. Requires bids from owners and operators to determine land rental fees. Title V: Rules and Regulations - Requires the Secretary, within 120 days of enactment of this Act, to publish regulations to effectuate its purpose. Title VI: Additional Authority - States that any authority provided by this Act is in addition to other authorities available to the Secretary and the Commodity Credit Corporation for carrying out soil and water conservation programs. Title VII: Authorization for Appropriations - Authorizes appropriations.
United States · United States Congress · 29 June 1983
National Economic Cooperation Act of 1983 - Amends the Employment Act of 1946 to add a new title on national economic cooperation. Establishes a National Economic Cooperation Council. Sets forth the purposes of the Council, including the requirement that the Council report annually to the President and the Congress on the state of the national economy. Requires that the general policies and administrative direction of the Council shall be controlled by a Board composed of nine members appointed by the President, by and with the advice and consent of the Senate. Sets forth the qualifications of members of the Board. Requires the principal administrative officer of the Council to be an Executive Director appointed by the Board. Requires the Council to promote the growth and vitality of the U.S. economy by: (1) collecting and analyzing relevant data concerning economic trends and market opportunities; (2) evaluating existing and alternative government and business policies in terms of their impact on the capacity of American enterprises to take advantage of those trends and opportunities; (3) recommending government and business strategies and practices which will improve that capacity; (4) developing such concensus among the branches of government, labor, and business as is necessary to implement such strategies and practices; and (5) evaluating State and local policies and practices in terms of their impact on the economy. Sets forth methods for the Council to follow in carrying out such functions. Authorizes the Council to make special reports as necessary, in addition to its annual report. Sets forth the authority of the Council to conduct hearings. Establishes within the Council a Bureau of Economic Information and a Bureau of Economic Analysis and Policy. Sets forth the duties of such Bureaus. Directs the President to designate a Special Adviser for Economic Coordination who: (1) shall be the principal official responsible for the coordination of executive branch trade and economic functions and activities; and (2) shall serve as the principal liaison official between executive branch departments and agencies and the Council. Authorizes appropriations for FY 1984 through 1989. Sets forth general administrative provisions.
United States · United States Congress · 27 June 1983
Secondary Mortgage Market Equity Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to set forth a formula for increasing the maximum mortgage limitation for a one- to four- family residence in certain areas where high prevailing housing sales prices have limited housing opportunities.
United States · United States Congress · 21 June 1983
Amends the Internal Revenue Code to allow a refundable income tax credit for the amount of contributions made to the Federal retirement system by Federal employees newly covered under the social security system after December 31, 1983. Disallows such credit for contributions made to a Federal retirement system: (1) established after the enactment of this Act; or (2) modified after the enactment of this Act for purposes of coordinating such system with the social security system. Terminates such credit after December 31, 1985.
United States · United States Congress · 14 June 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: (1) a new intermediate-level adjudication process; and (2) an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 14 June 1983
Expresses the sense of the House of Representatives that: (1) State regulatory commissions should carefully review requests for telephone rate increases; (2) the Federal Communications Commission should ascertain the impact on telephone rates of regulatory changes and judicial decisions and should furnish the House with an estimate of the number of people who would suffer an economic hardship or be forced to discontinue telephone service as a result of such changes and decisions; and (3) specified House committees should consider legislation that will assure affordable telephone service for all the people of the United States.
United States · United States Congress · 7 June 1983
National Summit Conference on Education Act of 1983 - Authorizes appropriations to the Department of Education for conducting a National Summit Conference on Education. Sets forth provisions for appointment of participants to the Conference. Directs the Conference to develop recommendations in response to the findings of the National Commission on Excellence in Education and relating to specified areas of educational policy. Directs the Conference to transmit its recommendations to the President, the Congress, and State Governors by January 15, 1984.
United States · United States Congress · 6 June 1983
Expresses the sense of the House of Representatives that hospice care is a necessary and humane alternative to traditional health care for the terminally ill.
United States · United States Congress · 24 May 1983
Amends the Agricultural Act of 1949 to permit the Secretary of Agriculture to guarantee, in kind, contracts made by producers to supply agricultural commodities to manufacturers of liquid fuels.
United States · United States Congress · 19 May 1983
People Protection Act - Encourages the President to implement the following measures related to strategic defenses: (1) consolidate all directed-energy activities in a new agency; (2) consolidate the space and strategic defense activities into a unified space command within the armed forces; (3) establish and place under the space command a command for ground-based strategic air defenses and ballistic missile defense; (4) transfer space-launch vehicles as necessary for the space-based defense systems to the Department of Defense; (5) develop a manned space station to support national security and other activities; (6) assess the role of strategic defenses within current and prospective arms control agreements; (7) assess the consistency of specified treaties with existing international legal conventions for the regulation of armed conflict; and (8) assess other organizational changes within the Government needed to implement the President's strategic recommendations.
United States · United States Congress · 19 May 1983
Renewable Energy Incentive Act of 1983 - Title I: Certain Renewable Energy Source Incentives - Amends the Internal Revenue Code to extend for five years from 1985 to 1990 the investment tax credit for: (1) solar, wind, or geothermal property; (2) ocean thermal property; (3) hydroelectric generating property; and (4) biomass property. Allows an investment tax credit for cogeneration energy property until 1990. Increases the energy percentage for solar, wind, or geothermal energy and ocean thermal property from 15 percent to 25 percent. Increases the energy percentage for hydroelectric generating property from 11 percent to 15 percent. Allows an energy percentage of ten percent for cogeneration property. Extends the residential energy income tax credit from 1985 to 1990. Allows the regular investment tax credit for energy property which is considered to be a structural component of a building and is used as air or water heating equipment for such building. Allows an investment tax credit until 1995 for affirmative commitments made for projects concerning: (1) solar, wind, or geothermal property; (2) ocean thermal property; (3) biomass property; and (4) cogeneration property. Extends for seven years from 1988 to 1995 the investment tax credit for affirmative commitments made for certain hydroelectric generating property. Increases from two to five the number of possible sites for ocean thermal property. Allows an investment tax credit for ocean thermal property which produces energy used in a possession of the United States. (Present law requires that such energy be used in the continental United States.) Title II: Biomass Incentive - Treates as biomass property methane-containing gas produced by anaerobic digestion from nonfossil waste materials. Title III: Effective Date - Sets forth the effective date of this Act.
![Official portrait of Rep. Skelton, Ike [D-MO-4]](https://www.congress.gov/img/member/s000465_200.jpg)