United States · United States Congress · 27 April 1983
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to authorize appropriations through FY 1985. Extends the statutory authority for the scientific advisory panel through FY 1987. Provides that members be appointed on a staggered-term basis, representing to the extent feasible, the disciplines of toxicology, pathology, environmental biology, and related sciences. Revises certain provisions regarding the publication of such panel's comments and recommendations and the Environmental Protection Agency's responses.
United States · United States Congress · 21 April 1983
Amends the Tariff Schedules of the United States to impose a one-tenth of one cent duty on apple and pear juice. (Currently, imports of such juice are duty-free.)
United States · United States Congress · 21 April 1983
Expresses the sense of the House of Representatives that the President should reduce imports of apparel to no more than 25 percent of the American apparel market.
United States · United States Congress · 24 March 1983
Emergency Vietnam Veterans' Jobs Training Act of 1983 - Directs the Administrator of Veterans Affairs to establish an on-the-job training program for Vietnam-era and disabled veterans. Requires that such program be carried out through payments to employers who employ such veterans in jobs that involve significant training of employees. Requires an eligible veteran to have been unemployed for at least 15 of the last 20 weeks before applying for participation. Establishes maximum periods of assisted training: 12 months for a veteran with a service-connected disability rated at 30 percent or more, six months for any other veterans. Requires employers to provide approved training for at least six months. Permits an approved veteran to select an approved program of job training with any for-profit private employer which hires the veteran into the regular work force with the expectation of permanent employment after the training ends. Directs the Administrator to make payments to such employers, not exceeding 50 percent of the wages paid to the training veteran. Sets forth the requirements an employer's training program must fulfill, including a certification that the wages and benefits paid to a participating veteran are equivalent to those paid to other employees participating in a similar program of training, and that there is a reasonable certainty that a position of that type will be available to such veteran upon completion. Prohibits the Administrator from approving programs involving seasonal or temporary jobs or industries in which a substantial number of experienced workers are unemployed. Prohibits the Administrator from making payments when the conduct or progress of the veteran is unsatisfactory due to circumstances within the employer's control. Authorizes the Administrator to disapprove further participation by eligible veterans in any previously approved program failing to meet the requirements of this Act. Permits veterans otherwise eligible for this program to pursue, instead, a full-time vocational training program at an approved educational institution. Sets forth the conditions of such training. Directs the Administrator to provide an outreach and public information program to inform both eligible veterans and employers about this program. Directs the Administrator to establish procedures and obtain the assistance of disabled veterans outreach program specialists and personnel in regional offices of the Veterans Administration. Directs the Secretary of Labor to provide for the participation of eligible veterans in training programs under this Act and under the Jobs Training Partnership Act. Requires the Secretary to make special efforts to inform eligible veterans of training opportunities. Requires both the Secretary and the Administrator to provide employment counseling services to any eligible veteran who requests them. Authorizes appropriations for FY 1984 and 1985. Terminates this program after 15 months for the initial application period and after 27 months for the payment of assistance.
United States · United States Congress · 24 March 1983
Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from restricting the hours of operation or reducing the operating power of any AM broadcast station if: (1) such restriction or reduction would prevent the station from operating at full daytime power from two hours before sunrise until two hours after sunset; and (2) operation during such period would not interfere with the protected signal of an existing station. Prohibits the Commission from denying an application for a license to operate a new AM station or an application to expand the hours of operation of an existing station solely on the grounds that: (1) the area has adequate broadcasting service; or (2) an FM channel is available for the area. Prohibits the Commission from placing an applicant for a station license or construction permit at a disadvantage because that applicant is licensed to operate a station with restricted hours in the area if such applicant certifies that it will relinquish the restricted license if its application is approved. Exempts any application to alter the hours of operation of a standard broadcast station from public notice and comment requirements.
United States · United States Congress · 24 March 1983
Broadcast Licensing, Renewal, and Deregulation Act of 1983 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidences such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer of the permit or license involved to a different person. Repeals certain provisions relating to the application of the antitrust laws. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) programs; (2) programming formats; (3) ascertainment; (4) commercialization; and (5) maintenance of program logs.
United States · United States Congress · 24 March 1983
High-Technology Training Act - Amends the Vocational Education Act of 1963 to establish a program of high-technology training grants. Directs the Secretary of Education to make such grants to States to stimulate vocational education programs to train individuals as high-technology technicians, in accordance with five-year State plans and annual program plans. Requires States to commit specified percentages of its basic grant under such Act to high-technology training programs. Directs States to consider specified factors in evaluating training program proposals of eligible recipients. Requires eligible recipients to provide specified assurances before receiving such training program funds. Authorizes appropriations for high-technology training program grants for FY 1984 and succeeding fiscal years. Makes conforming amendments to allotment provisions under such Act.
United States · United States Congress · 16 March 1983
Natural Gas Consumer Relief Act - Title I: Contracting and Marketing Practices - Amends the Natural Gas Policy Act of 1978 to declare a take-or-pay clause of a pipeline contract to be against public policy and unenforceable for a three-year period: (1) to the extent that it requires a pipeline to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the pipeline has contracted to take; or (2) if such clause does not entitle a pipeline which makes a payment under such clause to take delivery of the gas during the one year period beginning on the date of payments. Defines "take-or-pay clause" to mean any contract provision which requires payment for the minimum quantity of natural gas contracted for under the contract in the event the pipeline fails to take delivery. Permits a pipeline, in the case of a contract for the first sale of natural gas, to: (1) request the seller to renegotiate the contract; and (2) indicate that, if there is no renegotiation within 30 days of the request, the pipeline will exercise its market-out-option. Permits a pipeline exercising its market out option to refuse delivery without incurring an obligation to pay for any amount of natural gas contracted for if the pipeline in its sole discretion determines that it could not market the gas. Declares any indefinite price escalator clause applicable to the first sale of natural gas to be against public policy and unenforceable. Defines "indefinite price escalator clause" as any provision of any contract which provides for the establishment or adjustment of the price for natural gas delivered by reference to prices for natural gas, crude oil, or any other commodity. Prohibits a pipeline from passing through its costs if the Federal Energy Regulatory Commission (FERC) determines that the pipeline has failed to adopt practices minimizing amounts paid to purchase natural gas. Declares any minimum commodity beill requirement applicable to any sale of natural gas by any interstate or intrastate pipeline to be against public policy and unenforceable: (1) to the extent it requires the purchaser to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the purchaser has contracted to take; or (2) if such requirement does not entitle a purchaser who makes a payment under such requirement to take delivery of the natural gas involved subsequent to the date of payment provided under the requirement. Directs FERC to order an interstate pipeline, upon application by a producer of natural gas or by a purchaser of natural gas from a producer, to carry natural gas, for a just and reasonable consideration, between the producer and purchaser if FERC finds that: (1) the pipeline has available capacity; (2) no undue burden would be placed upon such pipeline by reason of the order; (3) construction of new facilities would not be required; and (4) the order would not impair the ability of the pipeline to render adequate service to its other customers. Directs FERC to complete a rulemaking proceeding to issue standards for interstate pipeline tariffs. Directs FERC to require, by rule, a first-sale purchaser of natural gas to file a copy of the contract with FERC. Title II: Wellhead Price Provisions - Revises ceiling price provisions for natural gas. Provides that the ceiling price for categories other than high-cost gas shall be the January 1982 ceiling price multiplied by the monthly equivalent of the modified price adjustment factor. Defines the "modified price adjustment factor" for any month as the lower of: (1) 75 percent of the quarterly percent change in the GNP implicit price deflator (as defined in the Natural Gas Policy Act of 1978); or (2) the percent change in the energy index, computed and published as an annual rate by the Department of Labor, for the most recent month for which such percent change has been so published at least eight days before the beginning of the month for which the modified price adjustment factor is being calculated. Provides that for high-cost gas the maximum lawful price for any first sale shall be 150 percent of the maximum lawful price for categories of gas other than high-cost gas. Provides for an adjusted ceiling price for wells drilled on or after January 1, 1982, and before enactment. Repeals provisions permitting increases in the ceiling price of certain categories of natural gas if just and reasonable. Provides, as a general rule, that the maximum lawful price applies with respect to the recovery of all costs and profits associated with production and first-sale delivery of marketable natural gas. Prohibits the importation of natural gas if the first sale price in the United States of the gas exceeds 150 percent of the maximum lawful price for domestically produced gas. Directs the President to submit to Congress a report on the status of negotiations with Canada regarding modification of the border price for natural gas imported from Canada. Extends price controls and standby authority for two years beyond their present expiration dates.
United States · United States Congress · 16 March 1983
Amends the Internal Revenue Code to repeal the highway use tax on heavy trucks. Increases the excise tax on diesel fuel from nine cents per gallon to 12 cents per gallon in 1983 and from 12 cents per gallon to 14 cents per gallon in 1984. Requires the Secretary of the Treasury to prescribe regulations exempting from such increases diesel fuel used in automobiles and light trucks.
United States · United States Congress · 15 March 1983
Expresses the sense of the House of Representatives that it should take cetain steps to honor commitments to the civil service retirement system and continue to provide the current level of retirement benefits to Federal and postal retirees.
United States · United States Congress · 11 March 1983
Amends the Trade Act of 1974 to require the Secretary of Labor to certify certain groups of workers as eligible for trade adjustment assistance upon a determination that: (1) increased imports "contributed importantly to" (currently, substantially caused) worker separations and sales or production reductions; or (2) a significant number of workers of a firm have been or are in danger of total or partial separation due to the relocation of such firm to a foreign country or instrumentality. Makes changes in the qualifying requirement for adjustment assistance for workers. Directs the Secretary of Labor to approve job training assistance for workers adversely affected by imports. (Currently the Secretary is authorized to approve such training.) Directs the Secretary to pay a daily supplemental assistance benefit to any worker who begins approved job training after enactment of this Act and who is not eligible for trade adjustment allowances. Increases the maximum job search and relocation allowances to $800. Establishes an Adjustment Assistance Trust Fund in the Treasury. Authorizes appropriations to the Trust Fund, payable out of the general fund of the Treasury attributable to the collection of customs duties, to carry out provisions for adjustment assistance for workers. Extends adjustment assistance for workers and firms until September 30, 1985. Amends the Federal-State Extended Unemployment Compensation Act of 1970 to amend the definition of "suitable work" for a worker who would be eligible for a trade readjustment allowance if the worker were not eligible for extended compensation.
United States · United States Congress · 8 March 1983
Vietnam Veterans Agent Orange Relief Act - Establishes a presumption of service-connected disability for veterans exposed to herbicides during service in Southeast Asia during the Vietnam era who suffer from specified diseases which may be caused by exposure to such herbicides, developed to a ten percent degree of disability. Permits the Administrator of Veterans Affairs to determine what other diseases may be due to exposure to herbicides, chemicals, or environmental hazards. Directs the Administrator to promulgate regulations within one year of enactment incorporating such determinations and setting forth the standards used to reach them.
United States · United States Congress · 8 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year over three years (one third of which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon the request of a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuing the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations remain in effect. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis, and expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 8 March 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: one a new intermediate-level adjudication process; the other 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 · 3 March 1983
Vietnam Veterans National Medal Act - Directs the Secretary of the Treasury to coin and sell a medal in honor of the members and former members of the Armed Forces who served in Vietnam. Declares that the Secretary shall offer such medals for sale to the public at a price sufficient to cover the cost of minting and distributing of such medals.
United States · United States Congress · 3 March 1983
World War I Veterans Service Pension Act - Directs the Administrator of Veterans Affairs to pay (in addition to any pension already paid) a monthly pension of $150 to each veteran of World War I who meets specified service requirements and to certain surviving spouses.
United States · United States Congress · 1 March 1983
Sport Fish Restoration and Boating Enhancement Act of 1983 - Title I: Fish Restoration Program - Amends the Federal Aid in Fish Restoration Act to direct coastal States to equitably allocate apportioned revenues under the Fish Restoration Act of 1983 between marine and freshwater fish projects. Defines "coastal State" for purposes of this Act. Authorizes appropriations equal to revenues accruing under: (1) the Internal Revenue Code of 1954 with respect to taxes on special motor fuels and gasoline used as fuel in motor boats and the tax imposed on sport fishing equipment; and (2) the Tariff Schedules of the United States for import duties on fishing tackle, yachts, and pleasure craft. Makes certain amounts of such revenues available to: (1) the Secretary of Transportation for boating safety programs and boating facilities improvement programs under the Federal Boat Safety Act of 1971; and (2) the Secretary of the Interior for sport fish restoration under this Act. Reduces the percentage of annual appropriations available to the Secretary of the Interior for the expenses of investigations and administration. Eliminates notification requirements of States of intent to accept apportioned funds. Authorizes the Secretary to enter into agreements to finance up to 75 percent of the costs of land acquisition and construction of facilities. Permits each State to use up to ten percent of apportioned funds for an aquatic resource education program and an angler and aquatic safety education program. Amends the Federal Boat Safety Act of 1971, the Recreational Boating Safety and Facilities Improvement Act of 1980, and the Highway Revenue Act of 1956 to conform to provisions of this Act. Title II: Tax on Sale of Sport Fishing Equipment - Amends the Internal Revenue Code to impose a tax on the sale by the manufacturer, producer, or importer of any article of sport fishing equipment, electric trolling motors, and fish finders.
United States · United States Congress · 24 February 1983
Increases the amount of reimbursement which the Administrator of Veterans Affairs shall pay to a State for furnishing domiciliary, hospital, or nursing home care to eligible veterans who receive such care in State facilities. Directs the Administrator to report to the Veterans' Affairs Committees every three years on the appropriate rates for payments.
United States · United States Congress · 24 February 1983
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan to identify the research needed to develop an effective treatment and a cure for neurofibromatosis. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires the Commission to make a final report to the President and to each House of Congress within two years. Terminates the Commission three months after submission of the final report.
United States · United States Congress · 23 February 1983
Increases from 26 to 30 the number of members of the Advisory Commission on Intergovernmental Relations, by adding: (1) one elected officer of a local government of an area with a population of less than 10,000 and one elected school board member, to be appointed by the President; and (2) one judge of a U.S. court of appeals or district court and one chief justice or judge of a State court of last resort, to be appointed by the Chief Justice of the United States.
United States · United States Congress · 23 February 1983
Abandoned Mine Reclamation Improvements Act - Amends the Surface Mining Control and Reclamation Act of 1977 to direct the Secretary of the Interior to invest that part of the Abandoned Mine Reclamation Fund (the Fund) not required to meet current withdrawals. Requires the interest earned from such investment to be deposited in the Fund. Requires a State to have in effect a State Reclamation Plan and surface mine regulatory program in order to collect its reclamation fee payment. Permits a State or Indian tribe to have such payments made annually or quarterly. Provides that such payments shall be equal to 50 percent of the funds collected in any State or Indian reservation.
United States · United States Congress · 17 February 1983
Social Security Reform Act of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require that the following items be treated as separate functional categories in the Federal budget: (1) those disbursements from the Federal Old-Age and Survivors Insurance Trust Fund which are not intragovernmental transfers within the Government; and (2) the old age, survivors and disability insurance taxes imposed on employers, employees, and self-employment income. Amends title II and XVIII (Medicare) of the Social Security Act to consolidate the Federal Disability Insurance Trust Fund and the Federal Hospital Insurance Trust Fund into the Federal Disability and Health Insurance Trust Fund. Appropriates to the Federal Disability and Health Insurance Trust Fund for FY 1983 and subsequent fiscal years 100 percent of: (1) the disability and hospital insurance taxes imposed on employers, employees, and self-employment income pursuant to this Act; and (2) the income taxes imposed on married individuals filing joint returns and surviving spouses. Provides that disability benefit payments, wife's, husband's, and child's insurance benefit payments to individuals entitled to them on the basis of the wages and self-employment income of a disabled individual, and hospital insurance benefit payments shall be made only from such trust fund. Appropriates to the trust fund amounts necessary, upon total depletion of the balance of the trust fund, to assure the prompt payment of such benefits and of any administrative expenses and to provide an adequate contingency reserve. Requires the transfer at least once each fiscal year of amounts certified as overpayments to the Federal Disability and Health Insurance Trust Fund from the Federal Old-Age and Survivors Insurance Trust Fund and from the Railroad Retirement Account. Amends the Internal Revenue Code to impose an old-age and survivors insurance tax and a disability and hospital insurance tax on employers, employees, and self-employment income. (Under current law, there is imposed an old age, survivors and disability insurance tax and a hospital insurance tax on employers, employees, and self-employment income.) Imposes a disability and health insurance surtax of five percent of an individual's income taxes. Amends title II of the Social Security Act to base cost of living adjustments on increases in the hourly earnings index for private nonfarm workers. Amends title II of the Social Security Act and the Internal Revenue Code to provide coverage under the Old Age, Survivors and Disability Insurance program for Federal employees and employees of tax-exempt organizations.
United States · United States Congress · 10 February 1983
Amends the Automobile Dealers Day in Court Act to prohibit a manufacturer from selling, leasing, or offering to sell or lease any passenger car, truck, or stationwagon to any person (or any other dealer) at a price lower than the price at which the same model is sold to its franchised dealers. Prohibits a manufacturer from imposing restrictions on some purchasers of automobiles, but not others. Requires that all rebates, discounts, refunds or other promotional inducement or benefit be provided to all ultimate purchasers of the same model of motor vehicle during the same period of time. Establishes an exception to the Act for the sale of automobiles to Federal, State or local governmental units. Applies this Act to importers of covered motor vehicles who import directly or through distributorships. Allows an automobile dealer to recover reasonable attorneys fees resulting from an action under this Act. Limits standing for a cause of action for termination of an agreement under this Act to dealers who comply with all reasonable provisions of the franchise agreement in question.
United States · United States Congress · 10 February 1983
Veterans' Education Assistance Act of 1983 - Establishes a new educational assistance program for the all-volunteer force. Excludes graduates of service academies from eligibility for such assistance. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least three years to basic educational assistance. Entitles veterans of the Selected Reserve who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $200 for a full-time approved program of education. Permits the Secretary concerned to establish a higher rate of assistance, but not more than $400 a month, for individuals possessing a skill or specialty designated as being in critical shortage. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Entitles veterans who have served five or more consecutive years of active duty in addition to those required for basic educational assistance to supplemental educational assistance. Entitles veterans of the Selected Reserve who have served two or more consecutive years of active duty and four or more consecutive years of duty in the reserves in addition to that required for basic educational assistance to supplemental educational assistance. Entitles such veterans to a monthly supplemental assistance allowance of $100 a month. Permits the provision of assistance at a higher rate, but not more than $300 monthly, to any individual entitled to basic educational assistance who has a skill or specialty in which there is a critical shortage of personnel. Permits the Secretary of Defense to authorize specified individuals to transfer to a dependent part or all of such individuals' entitlement to educational assistance. Sets forth the conditions under which transferred benefits may be provided. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharges and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance. Allocates the administration and costs of such programs to the Veterans Administration, the Department of Transportation, and the Department of Defense Education Benefits Fund. Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs. Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981. Directs (rather than permits) the Secretary of each military department to establish a program to provide educational assistance to members of the Selected Reserve who agree to remain in such Reserve for at least six years. Sets forth the amount of such assistance. Requires that such assistance be given for pre-degree work at an institution of higher learning. Sets forth further eligibility requirements for such assistance. Establishes a delimiting period of ten years from the date of entitlement or from the date of separation from service, whichever comes first. Prohibits the provision of assistance to any member already receiving assistance as a member of the Senior Reserve Officers' Training Corps program or a member who fails to perform satisfactorily in training. Expands the penalties for failure to participate satisfactorily in such program to include orders to active duty. Designates the Veterans Administration to administer such program. Directs the Secretary of Defense to report to Congress annually rather than quarterly on its operation. Establishes in the Treasury a Department of Defense Education Benefits Fund to be administered by the Secretary of the Treasury for the accumulation of funds to finance Department education liabilities on an actuarially sound basis. Directs the Secretary of the Treasury to transfer amounts from the Fund to the Administrator of Veterans Affairs and to the Secretary of Defense as necessary to make required payments. Establishes in the Department of Defense a Department of Defense Education Benefits Board of Actuaries to: (1) report annually to the Secretary on the actuarial status of the Fund; (2) report not less than every four years to Congress and the President on the valuations and status of the fund; and (3) determine the present value of future benefits payable from the Fund. Directs the Secretary to: (1) make periodic actuarial valuations of the educational programs; (2) determine an amortization methodology and schedule for the liquidation of gains or losses to the Fund; and (3) determine the amount necessary to be appropriated for the Fund for each fiscal year. Sets forth other terms and conditions for administering such Fund. Permits the Secretary concerned to grant an eligible member a leave of absence of not more than two years for such member to pursue a program of education. Sets forth the terms and conditions for such leave. Requires the Secretary concerned to provide individual predischarge counseling which includes a discussion of educational benefit entitlements.
United States · United States Congress · 10 February 1983
Acidic Deposition Study and Ecosystem Mitigation Act - Amends the Clean Air Act to provide for a program of acidic deposition analysis and mitigation. Directs the Administrator of the Environmental Protection Agency to study and report, within the five-fiscal- year period following the submission of the final comprehensive research plan under the Acid Precipitation Act of 1980, on acidic deposition to specified congressional committees. Sets forth required inclusions and procedures for such report. Authorizes the Administrator to make grants to any State or interstate agency to develop and implement on-site methods of mitigating the harmful effects on ecosystems resulting from high acidity which may be due to acidic deposition. Limits such grants to 75 percent of project costs. Authorizes appropriations to the Administrator for the five fiscal years following the enactment date of this Act for the preparation of such report and the making of such grants.
United States · United States Congress · 8 February 1983
National Commission on the Improvement of America's Infrastructure Act of 1983 - Establishes the National Commission on the Improvement of America's Infrastructure to conduct an inventory of existing major public improvements by major city, region, and State. Includes among major public improvements bridges, highways, roads, railroads, airports, mass transit systems, locks and dams, water systems, and sewer systems. Requires the Commission to develop a National Public Improvements Plan, based on such inventory, which ranks all major public improvements on the basis of need for replacement or major repair. Requires the inclusion in such plan of recommendations with respect to: (1) financing such replacement or repair and routine maintenance; and (2) necessary changes in Federal, State, or local laws to sustain national economic development or to achieve equity among regions in the quality of major improvements. Sets forth procedures for the submission of such plan to the President and Congress. Terminates the Commission the day after it submits such plan. Authorizes appropriations.
United States · United States Congress · 8 February 1983
Critical Waterways Improvement Act of 1983 - Directs the Secretary of the Army, acting through the Chief of Engineers, to construct: (1) a lock and dam (to be called Grays Landing) to replace lock and dam numbered 7, Monongahela River, Pennsylvania; and (2) a lock and abutment (to be called Point Marion lock) to replace the lock and abutment at lock and dam numbered 8, Monongahela River, Pennsylvania. Requires construction of such projects to be carried out on an expedited basis and according to specified recommendations. Authorizes and directs the Secretary, acting through the Chief of Engineers, to rehabilitate the Gallipolis Dam and to replace the Gallipolis locks on the Ohio River, Ohio and West Virginia, according to specified recommendations. Directs the Secretary to mitigate fish and wildlife habitat losses resulting from such construction by purchasing, at Federal expense, specified land. Authorizes the Secretary to transfer such land to the State of West Virginia for operation and maintenance. Authorizes the Secretary, acting through the Chief of Engineers, to construct a specified multipurpose lock and dam project to replace the William Bacon Oliver lock and dam, Black Warrior River, Alabama. Authorizes the Secretary, acting through the Chief of Engineers, to replace the Winfield locks on the Kanawha River, West Virginia. Establishes procedures for the submission of final environmental impact statements to Congress for the navigation projects authorized by this Act. Sets forth procedures concerning the judicial review of such environmental impact statements. Authorizes appropriations.
United States · United States Congress · 7 February 1983
Amends the Internal Revenue Code to permit farmers who participate in a Federal payment-in-kind program to elect to treat commodities they receive as income in the year of receipt or the year of sale. Permits farmers to elect a deferral of the income resulting from the cancellation of Commodity Credit Corporation loans. Provides that farmers participating in a payment-in-kind program do not forfeit eligibility for the special use valuation provisions for farm property.
United States · United States Congress · 7 February 1983
Expresses the sense of Congress that the Administrator of Veterans Affairs should be a member of and full participant in all activities of the Cabinet.
United States · United States Congress · 3 February 1983
Select Commission on Voluntary Service Opportunities Act of 1982 - Establishes the Select Commission on Voluntary Service Opportunities to examine: (1) the effectiveness of existing voluntary service opportunities in the public and private sectors; (2) alternative types of national service programs; (3) the impact of potential changes in incentives for service; and (4) the feasibility of incorporating existing and alternative service programs into a comprehensive national service program. Directs the Commission to transmit a final report, with any recommendations for legislative or administrative actions, to the President and to each House of the Congress not later than 15 months after its first meeting. Directs each affected executive department and agency to submit recommendations to the President for implementing such report. Directs the President to report to each House of Congress on the implementation of the Commission's recommendations. Terminates the Commission 180 days after its final report is transmitted. Authorizes appropriations for FY 1984.
United States · United States Congress · 2 February 1983
Fair Practices in Automotive Products Act - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 100,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Establishes penalties for a vehicle manufacturer who fails to meet the minimum domestic content ratio. Directs the Secretary of Transportation and the Federal Trade Commission to investigate and prepare a written report regarding policies and practices of vehicle manufacturers used to persuade U.S. motor vehicle dealers to favor foreign made parts rather than domestically produced parts.
United States · United States Congress · 2 February 1983
Emergency Homeowners Relief Act of 1983 - Amends the Emergency Housing Act of 1975 to direct the Secretary of Housing and Urban Development to make emergency mortgage relief payments to mortgagees on behalf of certain delinquent mortgagors in a State when the unemployment rate for such State for any month is not less than eight percent. Discontinues such assistance when the unemployment rate in the State has declined to below eight percent on an average monthly basis for three consecutive months. Sets forth conditions for assistance eligibility which include requirements that: (1) the mortgage is not insured under the National Housing Act; (2) the mortgagor has incurred a substantial reduction in income as a result of circumstances beyond his or her control and he or she is unable to resume full mortgage payments; and (3) the Secretary has determined that assistance is necessary to avoid foreclosure and that the mortgagor will be able to resume making full mortgage payments within 24 months, repay such assistance, and pay the mortgage in full. Limits assistance payments to the amount needed to supplement the amount the mortgagor is capable of contributing. Directs the Secretary to provide for a quarterly review of the eligibility of a mortgagor receiving assistance and to adjust or discontinue assistance as appropriate. Declares that all assistance payments shall be secured by a lien on the property involved and repayable over ten years on terms prescribed by the Secretary. Permits the Secretary to provide such assistance to a mortgagor more than once. Directs the Secretary to: (1) provide homeownership counseling to persons assisted under this Act; and (2) process an application for assistance within 30 days. Sets forth the authority of the Secretary to recapture assistance provided under this Act. Requires the Secretary and specified Federal agencies that supervise financial institutions or mortgagees to waive or relax limitations on the operations of such institutions with respect to mortgage delinquencies in order to encourage forebearance in residential loan foreclosures. Requires the Secretary to report to Congress every 60 days on: (1) the rate of delinquencies and foreclosures in various housing markets; (2) the prospects of voluntary forebearance by mortgagees in such areas; (3) Government actions to encourage such forebearance and to provide assistance under this title; and (4) the default status of mortgages on multifamily properties with recommendations on curing and avoiding such defaults. Sets forth penalties for violations of provisions governing the eligibility for, or use of, assistance under this Act. Limits the amount of assistance that may be provided during the two years such assistance is authorized under this Act.
United States · United States Congress · 1 February 1983
Directs the Administrator of Veterans Affairs to establish an Advisory Committee on Women Veterans to advise the Administrator or on the administration of benefits for and needs of women veterans. Directs Committee to report annually to the Administrator on the activities of the Veterans Administration pertaining to women, together with assessments of needs and recommendations for future action. Directs the Administrator to submit such report to Congress.
United States · United States Congress · 1 February 1983
Increases the Federal share payable under the highway bridge replacement and rehabilitation program from 80 percent to 90 percent. Applies such increase to construction begun after enactment of this Act.
United States · United States Congress · 31 January 1983
Transfers methaqualone from Schedule II (abuse potential, but has accepted medical use) to Schedule I (abuse potential, with no accepted U.S. medical use) of the Controlled Substances Act. Makes this Act effective within six months of enactment.
United States · United States Congress · 31 January 1983
Directs the Secretary of the Army, acting through the Chief of Engineers, to rehabilitate the Gallipolis Dam, Ohio and West Virginia, and to replace certain locks on the Ohio River. Requires the Federal government to pay for the entire project without reimbursement by non-Federal interests. Provides that neither the authorization nor the construction of such project shall be subject to or contingent upon legislation authorizing or imposing tolls, taxes, charges, or fees upon: (1) commercial transportation utilizing any U.S. navigable waterway or U.S. navigational facility; (2) the sale or use of fuel consumed in such transportation; or (3) other specified waterway uses. Directs the Chief of Engineers to mitigate fish and wildlife habitat losses, resulting from such construction, by purchasing specified land at Federal expense. Authorizes the Secretary to transfer such land to the State of West Virginia for operation and maintenance. Requires the Chief of Engineers to submit a final environmental impact statement to Congress prior to initiating such construction. Provides for disapproval of such impact statement by concurrent resolution of Congress within 60 days of its receipt. Exempts, such impact statement and actions to carry out such project from judicial review except as specified. Sets forth procedures for expedited Judicial review. Authorizes appropriations.
United States · United States Congress · 31 January 1983
Federal Railroad Unemployment Supplemental Benefit Act of 1983 - Amends the Federal Supplemental Compensation Act of 1982 to direct the Railroad Retirement Board to make payments of Federal supplemental benefits, under specified conditions, to individuals who: (1) have exhausted all rights to benefits under the Railroad Unemployment Insurance Act; (2) have no rights to unemployment benefits and compensation under State or Federal law; and (3) are not receiving Canadian unemployment compensation. Authorizes appropriations.
United States · United States Congress · 26 January 1983
American Conservation Corps Act of 1983 - Directs the Secretary of the Interior, in cooperation with the Secretary of Agriculture, to establish and administer a public lands conservation, rehabilitation, and improvement program called the American Conservation Corps. Requires the Secretary to provide assistance to program agencies (any Federal or State agency responsible for the management of public lands) to establish and operate residential and nonresidential conservation centers to implement program projects. Describes the types of projects which will receive program preference. Limits program projects to those on public lands or Indian lands, except where projects on nonpublic lands provide documented public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Makes persons eligible for enrollment and employment in the program if they are: (1) unemployed; (2) between the ages of 16 and 25 years; and (3) citizens, lawful permanent residents, or lawfully admitted alien parolees or refugees. Provides that, in the selection of enrollees for the program, preference shall be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. Authorizes the Secretary to award grants to, or enter into agreements with, program agencies for the funding and operation of conservation centers. Authorizes appropriations for FY 1983 through 1989. Requires that such appropriations come from specified Treasury receipts. States that program enrollees shall not be deemed Federal employees, except for certain purposes. Directs the Secretary to establish pay rates and to coordinate the program with related Federal, State, local, and private activities. Directs the Secretary to submit a report to Congress, within one year of enactment of this Act, on the feasibility of allowing enrollees who have completed two years in the program an exemption from training and service under the Military Selective Service Act. Directs the Secretary to make arrangements with educational institutions to award academic credit to enrollees for competencies developed under this Act. Authorizes program agencies to make arrangements with such institutions for academic study by enrollees during nonworking hours. Requires program agencies to provide certification of skills acquired by program participants and to provide job guidance and placement information as necessary. Directs the Secretary to submit an annual report to the President and Congress detailing the activities carried out under this Act. Entitles to an appeal to the Merit Systems Protection Board any Federal employee displaced rightly or wrongly by activities under this Act. Grants similar appeal rights to the employees of any contract grantee similarly displaced.
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