United States · United States Congress · 3 May 1983
Expresses the sense of the Congress that the Congress: (1) rejects the proposals of the President to eliminate funding for library programs; and (2) should provide funds to continue our Nation's commitment to our libraries.
United States · United States Congress · 2 May 1983
National Ocean Policy Commission Act of 1983 - Establishes a 15-member National Ocean Policy Commission to make recommendations on a comprehensive national oceans policy. Specifies issues such recommendations must address. Sets forth factors the Commission must take into account in developing its recommendations. Directs the Commission to make a final report to the President and to each House of the Congress not later than two years after the Commission first meets. Terminates the Commission on the thirtieth day after the final report is submitted. Authorizes appropriations for FY 1984 and 1985.
United States · United States Congress · 2 May 1983
National Employment Priorities Act - Title I: General Provisions - Sets forth the findings and purposes of this Act and definitions. Title II: Federal Adjustment Assistance - Requires the Secretary of Labor to implement a comprehensive assistance program for employees who lose their employment with an establishment which is required under title III of this Act to give advance notice of plant closings and permanent layoffs. Requires that such program include: (1) training programs; (2) job placement services; (3) payments for reasonable expenses incurred by employees in searching for new employment in a geographical area away from such establishment; (4) payments for moving expenses; and (5) education assistance. Requires the Secretary, to the extent practicable, to provide such assistance before employment loss occurs and through existing programs. Provides that the Secretary shall consult with a business establishment and with any affected labor organizations in order to develop a retraining plan which meets the manpower needs of such establishment. Requires the payment of travel and subsistence allowances to employees receiving assistance under this program. Authorizes the Secretary to establish a program to retrain employees of a business undergoing plant closings and laying off employees. Makes a business concern eligible for assistance under this Act if: (1) such business concern intends to undertake a change of operations which will result in a substantial employment loss; (2) all reasonable efforts and the resources of such business concern are inadequate to prevent such employment loss; (3) such assistance will enable such business concern to operate on an improved economic basis within a reasonable time period and without the change of operations; and (4) such business concern has complied with notice requirements under title III of this Act. Authorizes the Secretary to provide eligible business concerns with enough financial assistance to substantially contribute to their economic viability if equivalent financial assistance is unavailable from conventional sources and if it is reasonably likely that they will repay the United States. Provides that such financial assistance may include loans, loan guarantees, interest subsidies, and an assumption of debt. Authorizes the Secretary to provide eligible business concerns with enough technical assistance to substantially contribute to their economic viability. Provides that such assistance may include research and development grants and contracts which will provide new employment opportunities. Requires the Secretary to issue a certificate of procurement credit to a business concern which complies with notice requirements under title III of this Act if such business concern will be able to offer additional employment opportunities upon entering into a procurement contract with the Government. Provides that bids submitted by a business concern with such a certificate shall be treated by Government agencies as if they are equal to 95 percent of the amount stated in the bids. Makes local governments eligible for assistance under this Act if, as a result of a change of operations of a business concern, there will be a substantial decrease in the amount of revenues paid to such governments, a substantial increase in demand for social services provided by them, or a substantial increase in the number of unemployed individuals residing within their jurisdiction. Authorizes the Secretary to provide to eligible local governments grants, loans, and loan guarantees to increase the availability of social services and to implement any plan for a public works project approved by the Secretary. Makes employers other than business concerns required to comply with notice requirements under title III of this Act and cooperative associations of employees eligible for assistance under this Act if such employers and cooperative associations will create or expand employment opportunities and provide continuous employment over a substantial period of time, and substantially equivalent assistance is unavailable from any other source. Authorizes the Secretary to provide to such employers and cooperative associations loans, loan guarantees, and technical assistance for expanding operations in an establishment required to comply with notice requirements under title III of this Act, constructing new establishments, and undertaking research and development projects to identify new markets and employment opportunities. Establishes priority requirements for the provision of assistance under this title. Title III: Advance Notice of Plant Closings and Permanent Layoffs - Requires a business concern to give written notice with respect to any intended change of operations in a State which will result in the number of employees suffering an employment loss in any 18-month period equaling or exceeding the lesser of 100 employees or 15 percent of the employees at such establishment. Requires that the notice be given to the Secretary, the employees, representatives of affected labor organizations at such establishment, and local government units as required by the Secretary. Sets forth time requirements with respect to such notice. Requires the Secretary to inform each employee who receives such notice of the availability of assistance under this Act. Requires the Secretary to conduct an investigation of any intended change of operations at an establishment with respect to which notice is required under this Act if the Secretary receives a written request for such an investigation within 60 days after such notice is given from an authorized representative of an affected labor organization or from at least 10 percent of the employees notified. Provides that the Secretary may conduct such an investigation regardless of whether such notice is given if such investigation would serve the purposes of this Act or if at least 50 percent of the employees of the establishment involved request an investigation. Requires the Secretary to publish a report containing his or her findings resulting from such an investigation and recommendations to prevent or minimize the harmful economic and social effects of the intended change of operations of the business which is investigated. Title IV: Employer Responsibilities - Requires a business concern which is required to give notice under title III of this Act and which reduces the weekly wages of an employee to less than 85 percent of the average weekly wages paid to such employee during the 26 weeks preceding such reduction or which suspends or terminates the employment of such employee to give such employee a written statement of employment status. Provides that such an employee shall be treated as suffering an employment loss if: (1) such statement does not include an assurance that such employee's wages will be increased or that such employee will be reinstated; or (2) the business concern fails to give such statement to such employee. Requires the business concern to give such an employee a lump sum payment, in addition to other payments required by this Act, if the business concern fails to prevent such employee's loss of employment. Requires a business concern which is required to give notice under title III of this Act to: (1) pay to each employee who suffers an employment loss as a result of a change in operations a weekly income maintenance payment for one year; and (2) make payments to any employee benefit plan in effect with respect to each such employee for one year. Provides that no business concern shall be required to make total payments exceeding $25,000 to any employee suffering an employment loss. Provides that no business concern shall be required to make payments to such an employee if: (1) such employee begins employment with any other establishment of such business concern; (2) such employee refuses to accept employment which is within a reasonable commuting distance, which provides wages and benefits equal to or better than those of the employee's previous job, and which is similar to such employee's previous position; (3) such employee refuses to participate or fails to make satisfactory progress without good cause in a training or placement program under this Act; or (4) such employee receives a retirement benefit under a pension plan to which the business concern contributed. Requires a business concern to pay moving expenses for an employee who accepts employment with such business concern within three years after such employee's employment loss occurs. Provides for an extension of the one-year period of payments under this title to an employee if such employee is between 53 and 61 years old at the end of the one year. Requires the Secretary to reimburse the business concern involved for any such payments. Provides that any payment required under this title which a business concern fails to make shall be treated as a debt owed by such business concern to the United States and requires the Secretary, upon request, to make such payment to the employee involved. Provides that a business concern which transfers ownership or control of an establishment in order to avoid liability for any subsequent employment loss shall be liable to the United States for the amount of employee assistance which the business concern owning or controlling the establishment at the time the employment loss occurs fails to provide. Requires a business concern required to give notice under title III of this Act to offer to any employee who suffers an employment loss any employment which becomes available at another establishment of such business concern within three years following such employment loss and which such employee is qualified to perform, to the extent that the provision of such employment does not violate any collective-bargaining agreement in effect. Provides that an employee of a business concern required to give notice under title III of this Act who suffers an employment loss shall be eligible to participate in any employee benefit plan in effect with respect to such employee during any period when such business concern is required to make payments to such plan under this title. Sets forth vesting requirements with respect to such plans. Provides that an individual who knowingly accepts employment with a business concern which has given notice as required under title III of this Act shall not be considered an employee of such business concern for purposes of assistance under this Act. Makes a business concern which is required to give notice under title III of this Act liable to local government units for any loss of revenue which occurs during the three fiscal years preceding the fiscal year in which the business concern implements its change of operations. Provides that any such payment which a business concern fails to make shall be treated as a debt owned by such business concern to the United States and requires the Secretary, upon request, to make such payment to the local government involved. Makes a business concern whose change of operations involves a transfer of operations outside the United States when an economically viable alternative exists liable to the United States for loss of revenue. Title V: Administration - Imposes criminal penalties on anyone who fraudulently obtains assistance under this Act and on anyone who gives the notice required under title III of this Act and makes false statements or fails to disclose material facts required under such title. Imposes civil penalties on any business concern which fails to: (1) give notice as required by title III of this Act; (2) provide assistance to employees pursuant to title IV of this Act; or (3) pay any debt owed to the United States pursuant to this Act within 180 days after such debt is incurred. Makes it unlawful for a business concern required to give notice under title III of this Act to: (1) fail to offer an employee who suffers an employment loss other employment at an alternative establishment; or (2) discriminate against an employee who participates in any investigation under this Act. Requires the suspension or reduction of assistance payments with respect to any person who has fraudulently obtained such assistance. Requires the Secretary to maintain operating reserves with respect to anticipated claims under loan guarantees made under title II of this Act. Requires that mortgages acquired by the Secretary as security for any loans made under such title be recorded by the Secretary according to State law. Specifies time periods within which Congress may disapprove rules promulgated by the Secretary to carry out this Act. Requires the Secretary to submit to Congress: (1) a report evaluating the effectiveness of the assistance programs under this Act; and (2) legislative proposals which provide assistance to local government units adversely affected by changes of operations of business concerns and which require business concerns to provide employment information for inclusion in the job bank and matching program established under the Comprehensive Employment and Training Act. Establishes in the Department of Labor the National Employment Priorities Administration which shall carry out the provisions of this Act. Establishes a National Employment Priorities Advisory Council which shall give advice to the Secretary, evaluate the programs under this Act, and conduct various employment studies. Authorizes appropriations.
United States · United States Congress · 28 April 1983
Disability Determinations Reform Act of 1983 - Requires the Secretary of Health and Human Services to immediately suspend implementation of periodic reviews of disability cases to determine continuing eligibility for those individuals receiving benefits under titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act whose disability is based on mental impairment until: (1) the Secretary of Health and Human Services fully examines the disability determination process with respect to cases of mental impairment and makes any necessary revisions in such process; (2) the Secretary reports to Congress the results of such examination; and (3) Congress approves by resolution such examination and any revisions by the Secretary. Exempts from such suspension of review any case where a termination of benefits is based upon a finding: (1) that the beneficiary is engaging in substantial gainful activity; (2) of fraud; or (3) which is based on a scheduled review of which the beneficiary was notified upon initial entitlement. Requires the Secretary to notify individuals with respect to whom a periodic review is in progress that such review shall be suspended pursuant to this Act. Sets forth requirements for redeterminations of disability evaluations made: (1) on or after the enactment of this Act and before the date on which Congress approves the examination and revisions of the disability evaluation process made by the Secretary; and (2) between February 28, 1981, and the date of enactment of this Act.
United States · United States Congress · 28 April 1983
Urges the United States and the Soviet Union to begin talks aimed at creating a jointly administered United States-Soviet student exchange program. Sets forth certain aspects of such exchange program.
United States · United States Congress · 27 April 1983
Appropriates FY 1984 funds for Centers for Disease Control epidemiological and medical research on acquired immune disorders and related opportunistic infections.
United States · United States Congress · 27 April 1983
Appropriates FY 1984 funds for National Institutes of Health scientific and medical research on acquired immune disorders and related opportunistic infections.
United States · United States Congress · 25 April 1983
Product Liability Act of 1983 - Sets forth uniform national standards for products liability cases. Preempts inconsistent Federal and State laws. Permits actions under this Act to be brought in State court or Federal court if the United States is a party or diversity jurisdiction exists. Prohibits recovery for other than commercial loss or damage to the product itself, except as otherwise provided in this Act. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers including wholesalers, distributors, retailers, lessors, packagers, and repairers. Establishes rules relating to proof in products liability cases with respect to Federal Government standards and contract specifications. Prohibits admission of postmanufacturing improvements except for the purpose of impeaching a witness for the product seller who denies the feasibility of such improvements. Allows a manufacturer to introduce certain precautionary measures. Provides that all product liability actions shall be governed by the principles of comparative responsibility. Specifies the manner in which damages are to be apportioned. Provides that comparative damages apply only to compensatory damages. Requires the reduction of any damage award by the amount of workers' compensation benefits which are paid. Makes a product seller who acted with flagrant indifference to consumer safety, where the act was an extreme departure from accepted practice, liable for punitive damages. Establishes a two-year statute of limitations and a ten-year statute of repose.
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 · 20 April 1983
Entitles any individual covered by a Federal health benefits program which provides payment for the services of a nurse-midwife to: (1) unrestricted selection of and access to such nurse-midwife; and (2) direct payment or reimbursement for such services.
United States · United States Congress · 20 April 1983
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include services rendered by a nurse-midwife. Defines "nurse-midwife" to mean a registered nurse who: (1) has successfully completed a prescribed course of study or has been certified by a recognized organization; and (2) performs services (including antepartal, intrapartal, postpartal, and gynecological services) in the area of women and baby care.
United States · United States Congress · 20 April 1983
Expresses the sense of the Congress that: (1) the inability to reach a settlement on Namibia represents a tragic consequence of South Africa's illegal rule; (2) the issue of Cuban presence in Namibia should be removed from the U.S. negotiating stance; and (3) the U.S. should adopt a firmer stance on South African withdrawal from Namibia. Sets forth the context in which: (1) future U.S.-South African relations should be conducted; and (2) acceptance of U.N. Resolution 435 should be obtained.
United States · United States Congress · 19 April 1983
Dedicates the Golden Gate National Recreation Area in California to Phillip Burton. Directs the Secretary of the Interior to inform the public of the contributions of Phillip Burton through the use of signs, maps, and interpretive programs and to establish an appropriate memorial to him within the recreation area. Authorizes appropriations.
United States · United States Congress · 19 April 1983
Civil Rights Amendments Act of 1983 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation. Provides that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.
United States · United States Congress · 18 April 1983
Hazardous Substance Victims Compensation Act of 1983 - Title I: Victims Compensation - Amends the Solid Waste Disposal Act (also known as the Resource Conservation and Recovery Act) to provide compensation for injury, illness, or death resulting from exposure to certain hazardous substances. Permits individuals who allege that they have sustained damages for which compensation is payable under this Act to file an application for such compensation with the Administrator of the Environmental Protection Agency. Directs the Administrator to pay compensation to individuals who establish by a preponderance of the evidence that they have suffered physical injuries or illnesses which were caused by an exposure to a hazardous substance: (1) from a facility or site where it was stored, treated, or disposed of; or (2) during transportation to such a facility or site. Directs the Administrator to pay compensation to dependents of deceased individuals if such dependents establish to the satisfaction of the Administrator that the death of such deceased individual was caused by any such exposure. Provides that compensation to individuals who have suffered a physical injury or illness shall consist of: (1) a payment or reimbursement for all medical costs incurred in connection with the physical injury, illness, or death concerned; and (2) an amount equal to two-thirds of the injured, ill, or deceased person's earnings which are lost by reason of the physical injury, illness, or death. Limits such compensation for loss of earnings to $2,000 per month. Provides that compensation to dependents shall be equal to such compensation for medical costs and loss of earnings, plus reasonable burial expenses. Directs the Administrator to: (1) promulgate rules regarding equitable allocation of compensation payable where there are two or more dependents; and (2) compute the amount of compensation to be awarded to any applicant and determine the method, terms, and time of payment. Provides that payments made under this Act shall be charged against amounts available in funds established under this Act (i.e. the Victims Compensation Trust Fund or, where the Administrator determines that the exposure was attributable to a facility which had received a permit under hazardous waste management provisions of the Solid Waste Disposal Act, the Post-Closure Victims Trust Fund). Provides that claims against either of such funds which are in excess of the total money in the fund concerned shall become valid and shall be paid in the same manner as provided under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sets forth procedures for determination of claim payments. Directs the Administrator to: (1) use the procedures used by the Secretary of Health and Human Services in determining entitlement to disability insurance benefit payments; and (2) arrange with the Secretary to use the personnel and office of the Social Security Administration for administration and determination of claims filed under this Act. Sets forth provisions relating to presumption of causation. Sets forth factors relevant to the issues of causation. Sets forth requirements relating to medical tests, examinations, and other investigations, and to hearings with respect to such claims. Requires that, whenever such a claims payment is made to an applicant, the United States be: (1) subrogated to the rights of such applicant under any other provisions of law (including provisions of this Act relating to the liability of certain persons) for the full amount of such payment; and (2) entitled to recover all administrative and adjudicative costs and attorneys fees incurred by the United States by reason of the applicant's claim. Directs the Attorney General to protect and enforce such rights of subrogation. Requires that amounts thus recovered by the United States be deposited in the funds established under this Act, as may be appropriate based on the source of the funds used to pay the claim involved. Sets forth provisions for judicial review of final determinations made by the Administrator under this Act. Sets forth provisions for recovery of an additional amount in a subsequent claim by an individual who establishes that an additional physical injury or illness: (1) was caused by such exposure; and (2) was not known to the individual at the time the prior claims application was made. Prohibits entitlement to compensation in the case of any applicant who, by action or inaction, intentionally causes or contributes to the injury, illness, or death on which the claim is based. Sets forth conditions for such prohibition. Makes the following persons liable, jointly and serverally and without regard for fault, for damages to individuals (or their dependents) caused by such individuals exposure to a hazardous substance: (1) the owner or operator of the facility or site at the time of or subsequent to the treatment, storage, or disposal of such substance; (2) the owner or possessor of such substance who arranged for disposal or treatment, or for transport for disposal or treatment; and (3) the transporter of such substances to a disposal or treatment facility or site. Sets forth conditions under which such persons are not liable for such damages. Provides that the following damages due to personal injury, illness, or death shall be compensable: (1) medical expenses, rehabilitation costs, or burial expenses; (2) loss of income or profits or any impairment or loss of earning capacity; and (3) pain and suffering. Prohibits the introduction of the results of proceedings brought for administrative compensation into such actions for damages. Permits the introduction of any relevant health effects document into evidence in such actions. Grants jurisdiction over such causes of action to the appropriate U.S. district court. Provides that nothing in this Act shall be construed to preempt, or otherwise affect, any State law regarding liability for damages in connection with hazardous substances. Sets time limitations on applications for administrative compensation and on actions for damages under this Act. Prohibits retroactive liability under this Act. Sets forth requirements relating to collateral recovery under this Act and from specified other sources. Prohibits recovery of any amount under this Act for any injury, illness, or death for which any compensation is available under a State workers' compensation law. Directs the Administrator to periodically prepare and, after notice and opportunity for comment, publish hazardous substance health effects documents. Sets forth criminal penalties for false statements in any application or proceeding for administrative compensation under this Act. Title II: Victims Compensation Fund - Amends the Internal Revenue Code to impose additional environmental taxes on petroleum and certain chemicals. Provides that such taxes shall be imposed until the earlier of: (1) September 30, 1990; or (2) the date on which the total amount received in the Victims Compensation Fund through such taxes and through specified other sources totals a specified amount. Establishes the Victims Compensation Trust Fund in the U.S. Treasury. Appropriates to such fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the additional environmental taxes; and (2) the amounts recovered on behalf of such fund and penalties assessed under this Act. Authorizes appropriations to such fund for FY 1984 through 1990. Sets forth administrative provisions and requirements relating to expenditures from such fund. Amends the Internal Revenue Code to impose an additional environmental tax on the receipt of hazardous waste at a qualified hazardous waste disposal facility. Provides that such tax shall apply to such receipt after September 30, 1983. Provides that, if, as of September 30 of any subsequent calendar year, the unobligated balance of the Post-Closure Victims Trust Fund exceeds a specified amount, such tax will not be imposed during the following calendar year. Establishes the Post-Closure Victims Trust Fund in the U.S. Treasury. Sets forth administrative provisions and requirements for expenditures from such fund.
United States · United States Congress · 14 April 1983
Amends the Internal Revenue Code to repeal provisions which terminate the income tax exclusion for amounts received by an employee under an educational assistance program.
United States · United States Congress · 12 April 1983
Global Resources, Environment, and Population Act of 1983 - Declares it to be the public policy to: (1) promote national population stabilization; (2) encourage other nations to achieve population stabilization; and (3) coordinate research and national planning concerning global trends in population characteristics, the availability of natural resources, and environmental change. Directs all Federal agencies to: (1) use reliable demographic research in planning and decisionmaking which affect national and global population characteristics; and (2) develop procedures to insure the consideration of population characteristics, population stabilization, and environmental, economic, and natural resource aspects in agency planning and decisionmaking. Directs each agency head to: (1) review the agency's statutory authority, policies, and regulations to determine whether there are any impediments to complying with this Act; and (2) recommend the necessary administrative or legislative actions to eliminate such impediments. Establishes an Interagency Council on Global Resources, the Environment, and Population to: (1) coordinate research, conduct studies, and report to the President and Congress on trends in population characteristics; (2) assess the impact of such trends on population stabilization, the environment, and the availability of natural resources; (3) recommend legislative and administrative actions to modify or eliminate Federal programs, laws, and regulations which limit the achievement of the policies of this Act; and (4) recommend to Congress and the President a national population policy and policies to encourage global population stabilization at a level which maintains the highest possible standard of living and does not deplete the world's natural resources or degrade the global environment. Requires the President to submit to Congress, annually, a national population change and planning report which includes: (1) an evaluation of the impact that national and global trends in population characteristics, the availability of natural resources, and environmental change will have on the nation's economy and national security; and (2) recommendations for necessary legislative actions.
United States · United States Congress · 12 April 1983
Clean Campaign Act of 1983 - Adds a new title to the Federal Election Campaign Act of 1971: "Title V: Financing of General Election Campaigns for the House of Representatives". Establishes eligibility criteria entitling candidates to receive campaign payments on a matching basis. Establishes formulae to determine such sums. Limits expenditure of personal funds to $20,000 per election. Waives spending limits for eligible candidates whose opponents have spent sums exceeding the limit imposed upon such candidates. Requires specified independent expenditures to be reported to the Commission and to each candidate within specified time-frames. Permits additional payments to certain candidates who have waived specified broadcasting rights. Requires the Federal Election Commission to certify the eligibility of candidates to the Secretary of the Treasury, who shall disburse funds to such candidates. Directs the Secretary to establish a separate United States House of Representatives Election Campaign Account in the Presidential Election Campaign Fund and to deposit certain sums in such account in accordance with specified guidelines. Directs the Commission to audit campaign accounts. Requires repayment of excess payments and unexpended payments. Penalizes the use of funds for other than campaign purposes. Authorizes the Commission to institute repayment actions in U.S. district courts. Delineates the administrative authority of the Commission in carrying out this Act. Requires the Commission to make certain reports to the House of Representatives. Authorizes appropriations. Limits to $90,000 in any calendar year the amount of contributions which congressional candidates or their authorized political committees may accept from non-party multicandidate political committees. Specifies exceptions for candidates in general and special elections. States that any extension of credit for advertising on broadcasting stations, in newspapers or magazines, or by direct mail, or for other types of public political advertising shall be considered a contribution, if such credit is: (1) in excess of $1,000; and (2) for a period exceeding 30 days.
United States · United States Congress · 12 April 1983
Expresses the sense of the Congress that the President should convey U.S. concern for the welfare of Ethiopian Jews and seek ways to assist Ethiopian Jews to emigrate freely.
United States · United States Congress · 5 April 1983
Veterans Disability Compensation Amendments of 1983 - Title I: Veterans Disability Compensation Benefits - Increases the rates of veterans' disability compensation, compensation for such veterans' dependents, and the clothing allowance for certain disabled veterans. Title II: Survivors' Dependency and Indemnity Compensation Benefits - Increases the rates of dependency and indemnity compensation for surviving spouses and for children as well as the rates of supplemental dependency and indemnity compensation for children. Title III: Miscellaneous Provisions - Makes an exception to the commencement of period of payment rule for an increased award of compensation by reason of a temporary increase in compensation for hospitalization or treatment of a veteran (thus making such temporary increase payable before the first day of the calendar month following the month in which the increase become effective). Amends the Veterans' Compensation, Education, and Employment Amendments of 1982 to revise the effective dates respecting Reserve Officer Training Corps (ROTC) coverage for deaths and disabilities incurred on or before and after FY 1982. Includes certain adopted children within the definition of child for veterans' benefits purposes.
United States · United States Congress · 23 March 1983
Civil Service Spouse Retirement Equity Act - Entitles a former spouse of a Federal employee or Member of Congress to: (1) a portion of the retirement annuity of such employee or Member; and (2) a survivor annuity upon the death of the employee or Member. Requires that the former spouse must have been married to the Member or employee for at least ten years during periods of creditable service. Provides for the calculation of the amount of either such annuity of a former spouse on the basis of the portion of the employee's or Member's creditable service during which the former spouse was married to the employee or Member. Disqualifies any former spouse who remarries before becoming 60 years of age from eligibility for either such an annuity calculated as a regular retirement annuity based on the employee's or Member's creditable service. Authorizes an employee or Member providing a survivor annuity benefit for a former spouse to elect, or to be ordered by a court, to provide for an additional survivor annuity for any other former or current spouse if the employee or Member passes a physical examination prescribed by the Office of Personnel Management (OPM). Limits the maximum survivor annuity or combination of survivor annuities to 55 percent of the employee's or Member's annuity. Authorizes the employee or Member to provide for survivor annuities either by a reduction in his or her retirement annuity or pay, or by a lump sum payment, or by a combination of both. Provides for the recomputation of an employee's or Member's retirement annuity and the refund of certain amounts deposited in the Civil Service Retirement and Disability Fund if a former spouse for which a survivor annuity benefit is provided dies or remarries before the age of 60. Declares that provisions regarding cost of living increases in civil service annuities shall not apply to such annuities for former spouses unless authorized by OPM. Entitles an eligible former spouse: (1) to an annuity under this Act only if such former spouse elects to receive it instead of any other annuity provided to a Federal employee's spouse; (2) to an annuity if the employee or Member died in service (in the same amount as if the employee or Member had died after becoming eligible for an annuity); and (3) to a portion of any lump sum credit payable to an employee or Member who transfers or is separated from service prior to the commencement of either such annuity. Authorizes a Member or employee, a spouse, or former spouse to jointly elect to waive or reduce a survivor annuity for that spouse. Eliminates the current authority of the employee or Member to elect not to provide for a survivor annuity without the spouse's agreement, except when the employee or Member satisfies OPM that the spouse cannot be located. Requires both the employee or Member and the spouse, rather than just the employee or Member, to elect not to increase a survivor annuity upon the employee's or Member's reemployment. Declares that, except when determined by OPM to be inconsistent with this Act, the right of a former spouse to an annuity, survivor annuity, or lump sum credit shall be determined in accordance with an applicable court order or spousal agreement covering such former spouse, with certain limitations. Sets forth provisions governing civil service survivor benefits in cases of divorces occurring prior to the effective date of this Act.
United States · United States Congress · 23 March 1983
Transfers marihuana from schedule I (abuse potential, no accepted medical use) to schedule II (accepted medical use) under the Controlled Substances Act. Amends such Act to establish in the Department of Health and Human Services an Office for the Supply of Internationally Controlled Drugs, to be responsible for regulating the domestic production and distribution of marihuana. Establishes procedures for the production and use of medicinal marihuana. Permits the distribution of medicinal marihuana only to hospitals and pharmacies registered to dispense schedule II controlled substances for the purposes of treating glaucoma, cancer, or research approved under the Federal Food, Drug, and Cosmetic Act. Provides for a marihuana abuse prevention and information program through the National Institute on Drug Abuse.
United States · United States Congress · 23 March 1983
Expresses the sense of Congress that the family planning program under title X of the Public Health Service Act should be administered in the Health Resources and Services Administration of the Department of Health and Human Services.
United States · United States Congress · 22 March 1983
Amends Federal law to recodify, consolidate, and revise specified shipping and related marine provisions administered by the Coast Guard. Reorganizes existing law with respect to: (1) the operation, inspection, and regulation of passenger, cargo, animal transport, and recreational vessels; (2) marine casualties and accidents; (3) licenses, certificates and merchant mariners' documents; (4) the manning of vessels; and (5) merchant seamen, their protection and relief. Repeals specified laws.
United States · United States Congress · 22 March 1983
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the use of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide information, materials, training, technical assistance, and evaluations. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1984 through 1987.
United States · United States Congress · 21 March 1983
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Makes this title effective only until both the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage are in force with respect to the United States, at which point liability and compensation for damages arising out of or directly resulting from oil pollution shall be determined in accordance with such conventions. Permits claims for damages for economic loss, arising from oil pollution, to be asserted for: (1) removal costs; (2) injury to or destruction of natural resources; (3) injury to, or destruction of, real or personal property; (4) loss of subsistence use of natural resources; (5) loss of profits or impairment of earning capacity due to such injury or destruction; and (6) loss of tax revenue for a period of one year due to injury to real or personal property. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several and strict liability on the party responsible for the source of pollution. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships, deepwater ports, and other facilities. Requires the responsible party for vessels over 300 tons (including foreign vessels) and the party responsible for offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Limits the liability of a guarantor to the aggregate amount of financial responsibility that the guarantor provided. Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the responsible party or to such person's guarantor, in instances in which: (1) the responsible party and guarantor both deny involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary of Transportation is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate U.S. court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against a responsible party or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Requires a claim to be presented within three years of discovery of an economic loss, or within six years of the date of the incident, whichever is earlier. Subrogates any person, including the Fund, to all the claimant's claims and rights under this title. Sets forth the measure of recovery for actions brought by the Fund against any responsible party or guarantor. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Title II: Fund and Tax - Establishes the Comprehensive Oil Pollution Liability Trust Fund in the Treasury. Transfers to the Fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax; (2) the amounts recovered or collected on behalf of such Fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under the oil and hazardous substances liability provisions of the Federal Water Pollution Control Act (insofar as these relate to petroleum oils). Makes amounts in the Fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims). Defines "compensable damages" for purposes of the Act. Restricts interest payable out of the Fund. Provides for certain interfund loans, under specified conditions. Directs the Secretary of the Treasury to consult with the Secretary of Transportation, and with the Administrator of the Environmental Protection Agency, in the case of the Hazardous Substance Trust Fund, concerning such interfund loans. Limits payment of claims by the Fund by requiring a minimum balance of at least $15,000,000 in the Fund. States that claims are to be paid in the order in which they were finally determined. Limits U.S. liability for payment of claims under this Act to the amounts in the Funds established under this title. Prohibits the funds from borrowing any money from the general fund of the Treasury, other than an amount not to exceed $75,000,000, and only until September 30, 1985. Sets forth administrative provisions for the Fund, including methods of transfer, management, and investment. Coordinates this title with other provisions in this Act. Provides that, if the balance in any fund is to be transferred to the Fund, then any claim arising before October 1, 1984, which would have been payable out of the transferor fund shall be payable out of the Fund. Provides that if the Secretary of the Treasury determines that there is a Trans- Alaska Pipeline (TAP) fund deficit, then the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Defines a TAP fund deficit. Amends the Internal Revenue Code of 1954 to increase the environmental excise tax on petroleum by 1.3 cents per barrel. Terminates the 1.3 cents tax after September 30, 1990. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, the Intervention on the High Seas Act, the Outer Continental Shelf Lands Act Amendments of 1978 and the Trans-Alaska Pipeline Authorization Act, to conform with the provisions of this Act. Provides that all unused assets of the Trans-Alaska Pipeline Liability Fund shall be rebated directly to the operator of the trans-Alaska oil pipeline for pro-rata payments to those owners who had paid into the Fund.
United States · United States Congress · 21 March 1983
Amends the veterans' educational assistance program to extend the delimiting period for use of educational benefits by Vietnam veterans from ten to 20 years, through December 31, 1995, at the latest.
United States · United States Congress · 17 March 1983
Amends the Immigration and Nationality Act to exempt persons over 50 years old who have been U.S. permanent residents for at least 20 years from the "Government knowledge" naturalization requirement.
United States · United States Congress · 16 March 1983
Amends the Federal Boat Safety Act of 1971 to remove authority for facilities improvements under the recreational boating safety program. Authorizes the Secretary of Transportation to expend for State recreational boating safety programs two-thirds of the amount transferred each year to the National Recreational Boating Safety Fund from motorboat fuel taxes. Authorizes such expenditures for FY 1984 through 1988. Directs the Secretary to establish guidelines prescribing the purposes of such funds. Makes the remaining amounts in such Fund available to the Secretary for FY 1984 through 1988 for the operating expenses of the Coast Guard, including the Coast Guard Auxiliary, for recreational boating safety.
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
States that the Government should restore balance to the Department of Energy's FY 1984 budget by maintaining funding for energy conservation, solar and renewable energy, and weatherization programs and by distributing information on conservation and renewable and solar energy.
United States · United States Congress · 11 March 1983
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to substitute a new title III (National Marine Sanctuaries) for the existing title III. Specifies congressional intent to authorize a program that: (1) establishes a system of marine sanctuaries by identifying marine environments of special significance due to their conservational, recreational, ecological, historical, educational, or esthetic value; (2) provides comprehensive area management complementing existing authorities; (3) supports scientific research and enhances public appreciation of such areas; and (4) facilitates public and private uses of such areas compatible with the primary objective of resource protection. Defines "marine environment" to mean: (1) the ocean waters and the continental shelf over which the United States asserts resource jurisdiction; and (2) the great Lakes and their connecting waters. Authorizes the Secretary of Commerce, upon the approval of the President, to designate an area as a national marine sanctuary if such designation fulfills the policies of this title and: (1) such area's resource or use values give it special national significance; (2) existing State and Federal authorities are inadequate to assure comprehensive area management; and (3) such area's size will facilitate comprehensive areawide management. Lists factors to be considered in making such findings. Requires the Secretary to consult with interested congressional committees, Federal, State, and Regional Fishery Management Council officials, and other persons in determining whether an area meets sanctuary designation standards. Sets forth designation provisions. Requires the Secretary to: (1) publish in the Federal Register notice of such designation and proposed implementing regulations; and (2) notify each House of Congress. States that a designation or designation term shall take effect unless: (1) Congress disapproves within 120 days; (2) the Secretary withdraws the designation; or (3) the Governor or Governors of States having jurisdiction over the area certify within 60 days of the designation date that such designation is unacceptable. Requires the Secretary to publish in the Federal Register the designation and terms of each sanctuary that takes effect under this title. Requires the Secretary to submit an annual report to Congress (on or before November 1) regarding areas being considered for sanctuary designation. Establishes civil penalties of up to $50,000 for violations of this title. Vests jurisdiction in the U.S. district courts. Authorizes appropriations through FY 1986.
United States · United States Congress · 10 March 1983
Prohibits the Secretary of the Interior, with respect to specified submerged areas located in the Pacific Ocean off the California coastline and in the Atlantic Ocean off the Massachusetts coastline, from: (1) issuing any oil and gas lease; (2) granting any license or permit for any activity which both affects the areas and involves drilling for oil and gas; and (3) approving any exploration plan or any development and production plan which provides for such activities. Terminates the provisions of this Act of January 1, 2000.
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
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 · 7 March 1983
Permits bringing claims for damages under the Federal Tort Claims Act for the personal injury or death of a member of the Armed Forces serving on active duty. States such claims must arise out of medical or dental care furnished in a Department of Defense Hospital.
United States · United States Congress · 3 March 1983
Amends the Foreign Assistance Act of 1961 to provide that American military assistance may not be provided to El Salvador unless the President, after consulting with Congress, transmits to Congress a report stating that: (1) El Salvador has engaged in negotiations with all concerned parties to end the conflict there; or (2) El Salvador cannot proceed with such negotiations because specified parties are not willing to participate in the negotiation process. Provides that any unobligated funds allocated pursuant to this Act shall be: (1) used for development assistance projects in El Salvador; (2) used for aid for persons displaced by the strife; or (3) deposited in the U.S. Treasury. Permits the introduction of U.S. forces into El Salvador to evacuate U.S. citizens or if there is a clear and present danger of attack upon the United States.
United States · United States Congress · 3 March 1983
Creates a presumption of service-connected disability for compensation purposes for any veteran who was exposed to radiation or toxic chemicals while actively serving in the armed forces and who is now suffering from a disability or disorder symptomatic of such exposure. Maintains such presumption even in the absence of records. Entitles to disability or death compensation and to dependency and indemnity compensation any children of such a veteran with a disability or defect which may reasonably be determined to have been caused by genetic damage in the veteran. Directs the Administrator of Veterans Affairs to carry out a comprehensive program to screen veterans who may have been exposed to radiation or toxic chemicals during their active service to determine whether they incurred a disease or disability from such exposure. Requires the Administrator to provide outreach and counseling services. Directs the Administrator to establish a research and training program in the diagnosis and treatment of disabilities caused by exposure to radiation. Requires the establishment of a centralized registry of claims before the Veterans Administration or other agencies arising out of actual or possible exposure to radiation and toxic chemicals. Requires the Administrator to include in the annual report to Congress a comprehensive report on the administration and implementation of such screening and research activities.