United States · United States Congress · 2 June 1983
Terminated Employee Pension Restoration Act of 1983 - Authorizes payment of a Federal annuity to persons (or spouses of such persons) who: (1) were participants in a private employee pension plan which was terminated before September 2, 1974; (2) had immediately before termination a nonforfeitable benefit under the plan; and (3) have not received payment in full of such benefit because of the plan's termination. Sets forth the method of computing the annuity. Directs the Secretary of Labor to approve a claim for such an annuity if the claim meets the Secretary's regulation and includes evidence establishing that the claimant is a qualified participant or a qualified spouse. Sets forth the procedure for review of denial of such an annuity claim. Directs the Secretary of the Treasury to make annuity payments to entitled individuals after the receipt of specified information from the Secretary of Labor. Authorizes the Secretary of Labor to work with other Federal agencies to avoid unnecessary expense and duplication of functions. Amends the Internal Revenue Code to require disclosure of tax return information to Labor Department employees for comparison of specified records in order to establish the validity of an annuity claim. Authorizes appropriations for FY 1984 to the Department of Labor to carry out its functions under this Act. Authorizes appropriations to the Department of the Treasury to make annuity payments under this Act beginning with FY 1984 and continuing until the last such payment is made.
United States · United States Congress · 2 June 1983
Safe Drinking Water Act Amendments of 1983 - Title I: Public Water Systems - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to promulgate recommended maximum contaminant levels and revised national primary drinking water regulations within specified time periods for: (1) each of 14 contaminants listed in 47 Federal Register 9352; (2) toxic water pollutants which are found in drinking water; and (3) other substances which may have an adverse effect on the health of persons. Sets forth requirements with respect to such contaminant levels and drinking water regulations. Requires the Administrator to list a contaminant and promulgate a revised drinking water regulation for such contaminant which requires the use of treatment techniques if such contaminant cannot be accurately enough measured in water to establish a maximum contaminant level. Authorizes the Administrator to enter into arrangements with independent scientific organizations to assist in the establishment of recommended maximum contaminant levels. Requires the Administrator to establish a program which shall require a representative sample of various public water systems to monitor for unregulated contaminants. Directs the Administrator to require the owner or operator of a public water system to give notice to persons served by it of contaminant levels of any unregulated contaminants required to be monitored. Requires the Administrator to enforce compliance with national primary drinking water regulations through civil actions or administrative orders with respect to public water systems, unless there is in effect a variance or an exemption. Revises the compliance schedules in the case of public water systems which have been granted an exemption from compliance with interim or revised national primary drinking water regulations. Permits extensions of such exemptions in certain cases. Sets forth procedural requirements with respect to administrative orders issued to enforce compliance with regulations, schedules, or other requirements under the Safe Drinking Water Act. Directs the Administrator to seek an injunction or to recover a civil penalty; or both, with respect to any person who fails to comply with such an administrative order. Prohibits any action by the Administrator, by a State, or by a court which would delay or make less stringent any requirement of a primary national drinking water standard. Permits the Administrator to commence a civil action or to issue an administrative order to enforce compliance in the case of a public water system which fails to comply with a national primary drinking water regulation beyond the thirtieth day after the date of a notice of noncompliance by the Administrator to the State having primary enforcement responsibility over such public water system. Authorizes the Administrator to provide technical assistance to small public water systems to enable them to achieve and maintain compliance with national drinking water regulations. Authorizes appropriations for such assistance for FY 1984 through 1987. Authorizes the Administrator to require, as a condition of a State exercising primary enforcement responsibility with respect to national drinking water regulations, that the State carry out technical assistance programs for small public water systems which are substantially similar to the Federal program. Provides that, in requiring a public water system to keep records with respect to the compliance with national primary drinking water regulations, the Administrator shall take into account the system size and the contaminants which are likely to be found in the system's drinking water. Sets forth criminal penalties for tampering with a public water system. Provides that notice by the owner or operator of a public water system which fails to comply with national primary drinking water regulations to the persons served by such system shall provide an explanation of such failure, the steps being taken to correct such failure, and the groups which should seek alternative water supplies until such failure is corrected. Requires each owner or operator of a public water system to also give annual notice to the persons served by it of the availability to the public of records and reports kept by such system with respect to compliance with the national primary drinking water regulations. Permits civil actions by public water systems and any other persons against any persons who are causing or contributing to the presence of a contaminant in the drinking water used by such systems or other persons if such contamination results in the water supply not meeting national primary drinking water regulations. Title II: Protection of Underground Sources of Drinking Water - Prohibits the disposal of hazardous waste by underground injection above, into, or under a formation which contains a drinking water source, unless it is established that such injection will not cause the hazardous waste to migrate into or otherwise endanger drinking water sources. Requires State underground injection programs to prohibit the disposal of brine brought to the surface in connection with oil by any means other than underground injection in compliance with the Safe Drinking Water Act. Defines the term "drinking water source" as underground water which supplies a public water system, is capable of supplying a public water system, or could supply a public water system if the system used technologically advanced treatment. Requires the Administrator to publish notice in the Federal Register if an area has an aquifer which furnishes or may furnish in the future a substantial part of the drinking water supply for any public water system and which would create a significant hazard to the public health if contaminated. Permits Federal financial assistance for projects which are designed not to contaminate such an aquifer. Requires the Administrator to promulgate regulations for State programs to prevent surface impoundments which are not subject to regulation under the Solid Waste Disposal Act from endangering drinking water sources. Permits States to apply to exercise primary enforcement responsibility. Requires the Administrator to prescribe a program for a State if no State program is approved. Permits States to submit to the Administrator plans to protect underground drinking water sources. Authorizes the Administrator to provide technical assistance and to make grants to the States to assist them in the development of such plans. Requires that Federal actions with respect to underground drinking water sources in a State be coordinated with the State protection program. Authorizes the Administrator to issue an administrative order to enforce compliance with underground injection control program requirements. Sets forth procedural requirements with respect to such administrative orders. Directs the Administrator to seek an injunction or to recover a civil penalty, or both, with respect to any person who fails to comply with such an administrative order. Prohibits any action by the Administrator, by a State, or by a court which would delay or make less stringent any requirement of an underground injection control program. Permits the Administrator to commence a civil action or to issue an administrative order to enforce compliance in the case of any person who fails to comply with underground injection control program requirements beyond the thirtieth day after the date of a notice of noncompliance by the Administrator to the State having primary enforcement responsibility for underground water sources. Title III: Authorization of Appropriations - Authorizes appropriations for FY 1984 through 1989 for: (1) the provision of research, technical assistance, information, and training of personnel to the States and municipalities to implement the Safe Drinking Water Act; and (2) grants to States for public water system supervision programs and underground water source protection programs. Extends indefinitely the authority of the Administrator to issue certifications of need and orders for the provision of chemicals necessary for the treatment of water.
United States · United States Congress · 2 June 1983
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise State trigger provisions by reducing the State insured unemployment rate required to trigger the extended unemployment compensation program from five percent to four percent.
United States · United States Congress · 2 June 1983
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to provide that individuals filing claims for compensation (including regular, extended additional, or supplemental compensation) shall be counted in the State insured unemployment rate, for purposes of determining whether there are State "on" or "off" indicators ("State triggers") for the extended unemployment compensation program.
United States · United States Congress · 26 May 1983
Occupational Disease Compensation Act of 1983 - Establishes a compulsory compensation program for employees and their survivors for death or disability resulting from work-related exposure to toxic substances. Includes compensation for disabilities which are partial or temporary. Sets forth formulas for monetary benefits for partial and total disability (generally 80 percent of the national manufacturing or construction average weekly wage for the month of the onset of disability). Requires such benefits to be paid from the date of onset of the disability and continuing for the duration of the disability. Sets forth formulas for death benefits. Provides that there shall be no maximum limitation on the total amount or duration of medical benefits or monetary disability or death benefits. Declares ineffective any compromise or release of monetary or medical benefits unless the Secretary of Labor (the Secretary) determines it is in the best interest of the claimant. Declares absolutely ineffective any waiver or release concerning future coverage or compensation under State workers' compensation law or under this Act which was executed before death or onset of disability from work-related exposure to toxic substances. Details eligibility criteria for compensation. Includes among them a determination that work-related exposure to a toxic substance significantly contributed to or aggravated the disability or death. Identifies pathological conditions irrebutably presumed to have resulted form work-related exposure to asbestos. Establishes procedures for filing, adjudicating, and appealing claims. Makes compensation under this Act the claimant's exclusive remedy for disability or death resulting from workplace exposure to asbestos or other toxic substance. Limits the maximum period for retroactive payments to five years from the date the claim was filed. Requires a court to stay any pending liability action for death or disability against a third party if a compensation claim has been filed under this Act. Requires the court to dismiss such an action with prejudice upon notification by the Secretary that a final agency determination has been made on the claim. Authorizes the Toxic Substance Employee Compensation Insurance Pool (established by this Act) to offer claimants interim monetary and medical benefits during the pendency of a compensation claim. States such interim benefits are not recoverable if the claim is ultimately denied. Requires employers to contribute to the Pool in order to enjoy the limitations on liability provided by this Act. Requires the Secretary to apportion the obligation to provide insurance coverage among employers and toxic substance market participants. Delineates the legal theories upon which liability actions against third parties may be based. Vests in the Pool responsibility for the payment of all compensation claims. Prescribes procedures by which employers and toxic substance market participants may become covered contributors to the Pool. Proposes alternative measures by which toxic substance market participants may meet their contribution obligations. Authorizes the Secretary to suspend Pool membership upon failure to comply with specified provisions. Authorizes the Secretary to bring a civil action and to assess civil penalties if a Pool contributor fails to maintain insurance sufficient to meet its financial obligations. Establishes the Toxic Substance Employee Compensation Insurance Pool to underwrite liabilities under this Act and to pay compensation and benefits provided by this Act. Makes participation in the Pool available to casualty insurance carriers, workers' compensation carriers, and employers and toxic substance market participants who choose to self-insure. Requires the Secretary of Labor to promulgate standards for participation in the Pool by insurance carriers and by employers or toxic substance market participants as self-insurers. Requires the Pool to pay the Secretary an annual fee to cover administrative costs. Establishes guidelines for the payment of compensation claims. Includes a procedure for appealing orders to suspend payments. Provides for 20 percent additional compensation in cases of late payments. Sets forth provisions for representation and witness fees in compensation payment disputes, to be paid by the employer or the employer's insurance carrier to the claimant's representative. Sets criminal penalties for: (1) receiving any unapproved consideration or gratuity for representative services; or (2) soliciting employment as a representative in such disputes. Prohibits employment discrimination based upon the filing of a claim or the instituting of a proceeding under this Act. Establishes civil penalties for such discrimination. Provides a grievance procedure for the investigation and determination of discrimination complaints. Voids any insurance policy provision which relieves the employer from sole personal liability and payment. Directs the Secretary of Health and Human Services, in coordination with the Secretary of Labor, to conduct research into improved means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of such workers. Directs the Secretary of Labor to promulgate regulations which provide compensation for: (1) occupational exposure in addition to asbestos; and (2) specific categories of workers whose occupational exposure to toxic substances results in death or disability. Directs the National Institute for Occupational Safety and Health to report to the Secretary of Health and Human Services the results of its review of current scientific studies concerning the incidence of work-related diseases. Authorizes the Secretary, after evaluating such reports, to recommend to the Secretary of Labor regulations covering benefits for additional work-related diseases. States that any regulations promulgated by the Secretary of Labor in response to such recommendations shall be effective unless within 90 days after Congress is notified both Houses adopt a resolution of disapproval. Requires the Director of the Office of Workers' Compensation Programs to establish a separate task force within such office to administer claims filed under this Act. Establishes procedural guidelines for: (1) such Director; and (2) the Benefits Review Board. Authorizes the Secretary to enter into specified contracts in order to administer the Pool. Exempts such contracts from competitive bidding requirements. Authorizes the Secretary to enjoin violations of this Act in district court.
United States · United States Congress · 24 May 1983
Hazardous Waste Reduction Act of 1983 - Title I - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to States to assist States in: (1) carrying out hazardous waste enforcement programs under the Solid Waste Disposal Act; (2) carrying out remedial actions and other response measures necessary with respect to the release, or substantial threat of release, of any pollutant or contaminant from a facility not on the 400 top priority known response targets list but which the State determines may present an imminent and substantial danger to the public health or welfare; and (3) providing technical assistance to companies engaged in the recycling of hazardous substances. Requires that at least $200,000,000 of the amounts appropriated to the Hazardous Substance Response Trust Fund shall be reserved to make such grants to States. Revises provisions for audits by each Inspector General of each department or agency delegated responsibility to obligate money in the Hazardous Substance Response Trust Fund. Directs each such Inspector General to report annually to the President and the Congress on such auditing of the Fund and to specifically identify any improper uses of the Fund. Provides for reimbursement to the Fund for any improper expenditures. Extends through FY 1995 the authorization of appropriations for the Fund. Increases the yearly amount of such authorization of appropriations for FY 1986 through 1995 (above the yearly amount currently authorized through FY 1985). Amends the hazardous waste management provision of the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to establish a hazardous waste quantity assessment program. Directs the Administrator, in cooperation with the Secretary of the Treasury and the States, to develop and implement methods to estimate the quantities of hazardous waste which are generated in each calendar year, on the basis of specified data. Directs the Administrator to report at least annually to the Congress, comparing the quantities of hazardous waste estimated to have been generated during the preceding calendar year and the quantities of waste on which the recycling incentive tax on disposal of hazardous wastes was paid. Title II - Amends the Internal Revenue Code to replace (effective October 1, 1985) the environmental taxes on petroleum and chemical feedstocks with a recycling incentive tax on disposal of hazardous wastes (effective for FY 1985 through 1995). Sets forth tables for determining the amount of such tax. Distinguishes between: (1) toxic and nontoxic hazardous waste; (2) waste disposal before and after the end of FY 1990; and (3) disposal of waste and storage of waste for more than one year. Imposes such tax on the person disposing of such waste. Sets forth requirements for records, statements, and returns relating to such tax. Authorizes the Secretary of the Treasury to prescribe any such requirements, as necessary, for persons involved in the treatment, storage, or disposal of hazardous wastes. Extends through FY 1995 the authority to collect taxes conferred by the Superfund Act.
United States · United States Congress · 24 May 1983
Amends the Federal- State Extended Unemployment Compensation Act of 1970 to revise State trigger provisions to provide that extended unemployment compensation benefits will be payable in any State in which the rate of regular unemployment equals or exceeds nine percent.
United States · United States Congress · 19 May 1983
Supplemental Security Income Mental Disability Determinations Reform Act of 1983 - Directs the Secretary of Health and Human Services to revise the criteria under the category "Mental Disorders" in the "Listing of Impairments" in the Code of Federal Regulations, to the extent such criteria are applicable to individuals seeking or receiving benefits based on disability under the Supplemental Security Income program (title XVI of the Social Security Act). Directs the Secretary to also revise the methods of procedures used under such program for assessing the residual functional capacity of individuals having mental impairments. Requires the revised listings and residual functional capacity assessments to be designed to realistically evaluate the ability of a mentally impaired individual to engage in substantial gainful activity in a competitive workplace environment. Directs the Secretary to appoint a panel of outside experts to make recommendations with respect to such revisions. Prohibits continuing eligibility reviews with respect to mental impairment until the revisions are completed. Requires, under title XVI, that in any case in which an individual claims to be under a disability by reason of a mental impairment, the determination shall be made only after the Secretary has demonstrated that a qualified psychiatrist or psychologist has completed the medical portion of the sequential evaluation and residual functional capacity assessment. Prohibits the authorization of appropriations for SSI periodic eligibility reviews for individuals whose claims to disability benefits are based on mental impairment, except to the extent that such funds are specifically authorized for such reviews. Makes permanent provisions of title XVI which provide SSI benefits for individuals who perform substantial gainful activity despite a severe medical impairment. Makes permanent provisions which provide for the continued payment of SSI or disability benefits (title II of such Act) during appeal of a disability determination. Directs the Secretary to: (1) provide assistance to disabled individuals in complying with requirements and procedures under titles II and XVI; and (2) assure that disabled individuals eligible for or receiving benefits under title II are informed of available SSI benefits. Requires hearings and proceedings related to a disabled individual under the SSI program to be held at an accessible location.
United States · United States Congress · 16 May 1983
Health Care for the Unemployed Act - Amends the Social Security Act to add a new title, Title XXI - Health Care for the Unemployed: Part A - Grants to States - Authorizes to be appropriated for FY 1984 - 1986 a sum sufficient to enable each State to furnish medical assistance to unemployed individuals and their immediate family. Requires a State, in order to receive funding, to have an approved State plan for medical assistance for the unemployed. Requires a State plan to: (1) meet specified administrative requirements of the State's Medicaid plan; (2) make medical assistance available to eligible individuals voluntarily enrolled during the individual's coverage period; (3) require the State unemployment compensation agency to inform unemployment compensation recipients of the plan and of group health plans, and to notify the State Medicaid agency of eligible unemployment compensation recipients; (4) provide the following services: (a) inpatient hospital services for up to nine days annually; (b) outpatient hospital, emergency, rural health clinic, and physician services for up to ten visits annually; (c) laboratory and x-ray services, subject to such limits as the Secretary of Health and Human Services shall establish; and (d) family planning and nurse mid-wife services; (5) provide for the imposition of premiums, enrollment fees, and similar charges; (6) provide that the plan will be secondary in payment to any other insurance or benefit plan providing medical assistance; and (7) provide that a State make reasonable efforts to determine the Medicaid eligibility of individuals enrolled in the plan who are not receiving unemployment compensation. Requires the Secretary to approve any plan meeting the above requirements, but precludes approval of any plan which: (1) excludes any U.S. citizen or any individual residing in the State; or (2) if approved, would result in a reduction of Medicaid services. Requires the Secretary to disapprove a plan if it reduces or eliminates Medicaid eligibility under its AFDC plan (Aid to Families with Dependent Children, part A of title IV of the Act) with respect to the unemployed parent program or the coverage of certain children. Provides that an individual is eligible for such medical assistance for a week if the individual: (1) is receiving unemployment compensation and three weeks have elapsed since the first week the individual received unemployment compensation; or (2) is not receiving unemployment compensation for the week, was receiving unemployment compensation for a week during the 104 week period ending with the week before the first week in which the plan is in effect and has not received unemployment compensation for any week in which the plan is in effect, and meets certain requirements relating to work availability. Makes an individual's family eligible if the individual is eligible. Requires a State plan to establish standards concerning whether or not an individual is employed. Requires an individual to be considered employed for a week if the individual's earnings equal or exceed an amount equal to 30 times the minimum hourly wage. Makes an individual ineligible for a week if: (1) the individual is covered under a group health plan for which a contribution is being made by someone other than the individual; (2) the individual is covered under his or her spouse's group health plan; (3) the individual is eligible for Medicaid; (4) the individual is employed for four consecutive weeks; or (5) the individual was disqualified because of fraud for unemployment compensation or convicted of a Medicaid offense in the previous year. Requires a State to impose: (1) a premium of between two and five percent of an individual's unemployment compensation; and (2) the same deduction, cost-sharing, and similar charges as imposed under Medicaid. Authorizes a State plan to provide an enrollee the option of receiving medical assistance with another health benefit plan. Authorizes a State to provide an eligible individual with the option of having the State make a cash payment for the premium of another plan. Sets forth the methods for determining payments to States. Makes provisions of title XIX relating to the operation of State plans applicable to title XXI. Sets forth definitions used in this part. Directs the Secretary, provided certain conditions are met, to grant a waiver to a State plan with respect to some or all of the Medicaid administrative requirements in the case of a State plan that enters into an arrangement with one or more private health benefits plans which provide health insurance or health benefits to all eligible individuals and which provide required benefits at a cost no greater than the premiums and other charges of the State plan. Makes specified provisions of title XIX and part A (General Provisions) of title XI of the Act relating to rural health clinics, fraud and abuse, Indian health service facilities, cost sharing, judicial and administrative review, capital expenditures, and administration applicable to this part. Part B: Open Enrollment, Continuation, and Conversion Rights of Individuals - Requires the group health plans of employers required to pay minimum wage and States and political subdivisions with 25 or more employees to meet the requirements of this part. Requires a group health plan to have an open enrollment period for each married employee eligible to enroll whose spouse loses coverage under a group health plan due to involuntary termination of the spouse's health plan. Requires a group health plan to provide continuation of coverage under the plan for at least 90 days following an individual's involuntary separation or layoff. Requires a State to provide an employee covered under an insured group health plan subject to State insurance law the option of securing health benefits coverage without evidence of insurability where the individual's loss of coverage under the group health plan results from the individual's involuntary layoff or separation from employment. Authorizes an individual or State adversely affected by the failure of an employer to comply with the requirements of this part to seek injunctive relief in a Federal district court. Part C: Assistance to Hospitals Serving the Unemployed - Directs the Secretary to make grants to hospitals to assist the hospitals in providing services to individuals unable to pay. Requires a hospital, in order to receive a grant, to: (1) be located in an area of high unemployment or serve primarily medically underserved populations; (2) serve a significantly disproportionate number of patients having low income; (3) provide services to individuals without regard to their inability to pay; and (4) offer assurances that it will use the grants in addition to, rather than in lieu of, existing Federal, State, and local funds. Directs the Secretary to report to Congress concerning the grants. Authorizes appropriations for such grants for FY 1983-1986. Establishes the effective date for part A of title XXI as July 1, 1983, with repeal as of October 1, 1986. Provides for the participation of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa in the plan established by this title.
United States · United States Congress · 12 May 1983
Amends title XVIII (Medicare) of the Social Security Act to provide coverage for services necessary to determine the refractive state and visual function of an individual with a severe visual disability.
United States · United States Congress · 12 May 1983
Medicare Vision Act of 1983 - Provides coverage under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act for: (1) eye examinations for the purpose of prescribing, fitting, or changing eyeglasses; (2) procedures performed to determine the refractive state of the eyes; and (3) services performed by a doctor of optometry. Permits payment for services under part B for services performed by an optometrist, or services performed by another doctor which could be performed by an optometrist, only if payment is made on the basis of an assignment.
United States · United States Congress · 12 May 1983
Deauthorizes the Stonewall Jackson Reservoir project, West Fork River, West Virginia, on and after the enactment of this Act. Requires the Secretary of the Army, acting through the Chief of Engineers, to undertake interim management and maintenance of works and lands related to such project pending the implementation of this Act. Directs the Secretary to offer for sale, and within one year of such offer to sell, at a price determined by a specified formula, the lands and minerals acquired for such project to the previous owners (or their heirs or assigns). Requires the Secretary to sell any such lands and minerals which are not sold to the previous owners, heirs, or assigns at public auction following reasonable public notice and advertising. Requires any lands sold under this Act to be deeded in fee simple. Sets forth requirements for the sale of any property offered under this Act which is listed in the National Register of Historic Places. Provides for the deeding of the Horner Game Preserve to the West Virginia Department of Natural Resources. Provides for the deeding of Conrad Park to the West Virginia Department of Highways. Provides for the settling of certain executory contracts between the United States and project land owners. Requires the termination of any project land condemnation proceedings at the request of the owner of such land. Directs the Secretary to make investigations and studies to determine a method to dispose of project lands not disposed of under prior sections of this Act. Requires the Secretary to report such findings to Congress. Directs the Secretary to make a study and report to the Congress on the feasibility of providing flood control by a series of small watershed dams or other alternatives to flood control in the vicinity of Weston, West Virginia. Authorizes appropriations.
United States · United States Congress · 11 May 1983
Social Security Disability Benefits Reform Act of 1983 - Title I: Standards of Disability - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that an individual who is receiving disability benefits or child's, widow's, or widower's insurance benefits based on disability may be determined not to be entitled to such benefits on the grounds that the disability involved has ceased, does not exist, or is not disabling only if: (1) there has been significant improvement in the individual's condition so that such individual can perform substantial gainful activity; (2) the individual can perform substantial gainful activity as a result of medical or vocational therapy or technology; (3) the prior disability determination was clearly erroneous or fraudulently obtained; or (4) the individual is currently performing substantial gainful activity. Requires the Secretary of Health and Human Services to consider the combined effect of all of an individual's impairments in determining whether such individual is unable to engage in substantial gainful activity. Requires that subjective evidence of pain or other symptoms be considered in determining whether an individual is under a disability. Provides that subjective evidence may lead to a determination of disability even without corroboration by medical findings. Requires that a determination as to an individual's ability to engage in substantial gainful activity be based on an evaluation of the individual's remaining capacity to meet the demands of competitive work on a sustained basis. Provides that an individual who is working in a noncompetitve work environment shall not be regarded as demonstrating an ability to engage in substantial gainful activity solely on the basis of such work. Permits such work to be considered as a factor in a determination that an individual is able to engage in substantial gainful activity. Title II: Disability Determination Process - Requires the Secretary to revise: (1) the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under part 404 of title 20 of the Code of Federal Regulations which are used to make individualized determinations of disability for purposes of determining eligibility for disability benefits under title II of the Social Security Act; and (2) the methods and procedures for assessing the residual functional capacity of individuals having mental impairments. Requires the Secretary to appoint a panel of outside experts to make recommendations with respect to such revisions. Prohibits the Social Security Administration from carrying out continuing eligibility reviews with respect to individuals previously determined to be under a disability due to mental impairment until such revisions have been established by final regulation. Makes such prohibition inapplicable in any case involving fraud or where an individual is engaged in substantial gainful activity. Sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the Secretary's revisions are established by final regulation. Removes certain time restrictions on the continued payment of disability benefits during the appeal process. Provides that an initial disability determination by the Secretary or by a State agency which is unfavorable to a disability benefit applicant shall remain pending until after notice and opportunity for review. Requires that such a determination contain a statement of the case which indicates the basis of the disability determination, the right to a review, and the right to submit additional medical evidence before such review. Entitles the applicant or the applicant's spouse, divorced spouse, surviving divorced spouse, surviving spouse, surviving divorced mother, child, or parent to a review of a pending disability determination upon request and upon a showing that his or her rights may be prejudiced by such determination. Sets forth procedural requirements with respect to such a review. Requires the Secretary or the State agency to affirm, modify, or reverse a pending disability determination on the basis of such a review. Provides that an initial decision by the Secretary as to an individual's eligibility for disability benefits which is based upon an initial disability determination and which is unfavorable to such individual shall contain a statement of the case which indicates the basis of such decision, the individual's right to a hearing, and the individual's right to submit additional medical evidence before or at such hearing. Requires a State agency or the Secretary, in making a disability determination, to consider all medical and vocational evidence relating to the physical or mental impairments of the individual involved. Requires that a complete medical history of at least the preceding year be made for each disability determination or continuing disability determination. Requires that medical information be obtained from the individual's treating physician. Requires that assistance be given where necessary to those individuals who have been previously determined to be under a disability based on mental impairment and with respect to whom reviews of continuing eligibility are being carried out. Requires that hearings with respect to disability determinations be reasonably accessible to the persons requesting them. Directs the Secretary to insure the reimbursement of costs connected to disability determinations for individuals who have presented evidence of financial need. Provides that a disability determination shall be made only after a qualified physician (or a qualified psychiatrist or psychologist where appropriate) has made the proper medical evaluation. Requires the Secretary to prescribe standards with respect to consultative examinations which must be obtained for disabilty determinations. Requires that rates for medical examinations in connection with disability determinations be consistent with the rates for such services under title XVIII (Medicare) of the Social Security Act. Title III: Miscellaneous Provisions - Provides for the application of Federal rulemaking and administrative procedure requirements to disability determinations under title II of the Social Security Act. Amends title VII (Administration) of such Act to specify court orders by a U.S. court of appeals with which the Secretary and the Department of Health and Human Services must comply, unless there is a review by the U.S. Supreme Court. Amends title XVI (Supplemental Security Income) of the Social Security Act to eliminate as a condition for the continued payment of benefits to persons in vocational rehabilitation programs that the Commissioner of Social Security determine that the continuation or completion of such program will increase the likelihood that a beneficiary may be permanently removed from benefit eligibility following participation in such a program. Amends the Social Security Amendments of 1983 to require the Secretary to notify all recipients of title II benefits who may be eligible for supplemental security income benefits under title XVI of the Social Security Act of the availability of the SSI program and to encourage such individuals to contact the social security district office. (Under current law, the Secretary is required to give such notification to all elderly title II beneficiaries.) Requires that the Secretary include in such notices that, upon request, assistance will be provided in the completion of claims and to establish benefit eligibility. Amends title II of the Social Security Act to revise the time periods for trial work which is used as a basis in determining whether an individual's disability has ended. Establishes in the Department of Health and Human Services an Advisory Council on the Medical Aspects of Disability, which shall evaluate and advise the Secretary on the disability determination process under title II of the Social Security Act. Requires the Council to report to Congress at least biennially on its activities. Requires the Secretary to establish enough attorney adviser positions in the Department of Health and Human Services to insure adequate opportunity for career advancement for attorneys in the Social Security Administration. Requires that such attorneys be given qualifying experience for appointment to administrative law judge positions. Requires the Secretary to report to specified congressional committees with respect to complying with these requirements.
United States · United States Congress · 10 May 1983
Expresses the sense of the House of Representatives that regulations relating to title IX of the Education Amendments of 1972 (concerning sex discrimination in education) should not be amended or altered in any manner which will lessen the comprehensive coverage of such statute in eliminating gender discrimination throughout the American educational system.
United States · United States Congress · 9 May 1983
Preferred Provider Health Care Act of 1983 - Prohibits any State insurance law or regulation from preventing one or more group health plan payors from: (1) establishing alternate payment rates for health care providers, and offering such rates to plan beneficiaries; or (2) limiting payments to services secured by a group health plan for beneficiaries from health care providers charging alternative rates. States that such alternate payment rates shall not constitute a violation of any State law prohibiting payment discrimination among beneficiaries of the same class.
United States · United States Congress · 5 May 1983
Home Ownership Incentive Act of 1983 - Amends the Internal Revenue Code to allow an income tax deduction for contributions of cash, stocks, bond, or other securities tradeable on an established exchange to a tax-exempt trust account established for the exclusive purpose of purchasing the taxpayer's first principal residence. Limits the maximum annual deduction to $1,000 with a maximum lifetime deduction of $10,000. Excludes distributions from such account from gross income if they are used exclusively for the purchase of a first principal residence. Imposes a ten percent surtax on distributions from an individual housing account which are not used for the purchase of a principal residence. Requires the trustee of an individual housing account to report on the maintenance of the account. Imposes a penalty for failure to file required reports.
United States · United States Congress · 5 May 1983
Expresses the sense of the Congress that: (1) the Republic of South Africa should comply with international human rights agreements by ending its "black-spot" policy and by allowing forcibly relocated South Africans to return to ancestral lands; (2) U.S. nonrecognition of South African "homeland" sovereignty should continue; (3) travel to the United States should be denied to "homeland" officials who seek to enter this country under "homelands" visas; and (4) the President should send a copy of this resolution to the Republic of South Africa.
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
Caribbean Basin Economic Recovery Act - Title I: Duty-Free Treatment - Authorizes the President to proclaim duty-free treatment for all eligible articles from Caribbean countries that the President designates as beneficiary countries. Requires the President to notify Congress before making such a designation. Prohibits the President from terminating such a designation unless both Houses of Congress are notified 60 days before the termination. Requires the President to consider only specified countries and territories as beneficiary countries. Excludes Cuba from the list of beneficiary countries. Prohibits the President from designating a country as a beneficiary country: (1) if it is a Communist country; (2) if it denies human rights or denies its workers safe working conditions or if it has nationalized or seized control, or effectively nationalized or seized control, of U.S. property, unless the President determines that a good faith effort is being made to compensate for such seizure; (3) if it fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of U.S. citizens or corporations; (4) if it grants preferential treatment to the products of a developed country other than the United States; (5) if such country participates in an arrangement with other countries to withhold supplies of a vital commodity or to raise the price of such commodities and cause serious disruption of the world economy; (6) if it has a government-owned entity engaged in broadcasting copyrighted material belonging to U.S. copyrighted owners without their express consent; (7) if such country does not take adequate steps to prevent controlled substances from entering the United States; (8) if it aids or abets international terrorists; (9) unless an extradition treaty exists between the United States and such country; or (10) unless a treaty exists between the United States and such country providing for the exchange of information as necessary to carry out and enforce tax laws. Permits the President to designate as beneficiary countries certain countries that would otherwise be excluded if the President reports to Congress that such designation will be in the national interest and Congress concurs in that determination. Lists factors the President should consider in determining whether to grant beneficiary designation. Amends the Tariff Schedules of the United States to grant to imports from U.S. insular possessions, subject to specified provisions of this Act, duty treatment no less favorable than the treatment afforded such imports from a beneficiary country. Directs the President to withdraw or suspend a country's beneficiary designation if the President determines that changed circumstances in such country would prohibit such designation under the guidelines in this title. Requires duty-free treatment to apply to any article imported from a beneficiary country, unless otherwise excluded from eligibility, if: (1) the article is imported directly from such country into U.S. customs territory; and (2) the sum of specified costs of the article is not less than 35 percent (50 percent after September 30, 1985) of its appraised value at the time of its entry. Directs the Secretary of the Treasury to prescribe regulations governing articles eligible for such duty-free treatment, including the requirement that such articles must be wholly the product of a beneficiary country or must be a new or different article of commerce which has been produced in the beneficiary country. Requires that duty-free treatment provided under this Act shall not apply to: (1) certain textile and apparel articles; (2) certain footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; (3) tuna in airtight containers; (4) petroleum or petroleum products; (5) import-sensistive manufactured products and components of products; or (6) products or parts of products which are the subjects of bilateral restraints, voluntary export restraints, nonreciprocal treatment by the beneficiary country, or findings of injury under U.S. fair trade statutes. Directs the President to suspend duty-free treatment of sugar and beef products that are the products of a beneficiary country if: (1) the beneficiary country, within 90 days of its designation as a beneficiary country, does not submit a Stable Food Production Plan to the President for evaluation; (2) the President determines that the Plan of a beneficiary country does not meet specified criteria; or (3) as a result of the monitoring of the operation of the Plan, the President determines that a beneficiary country is not making a good faith effort to implement its Plan, or that the Plan, although being implemented, is not achieving its purposes. Requires the President, before suspending such duty-free treatment, to offer to consult with the country to formulate appropriate remedial action. Requires the President, biennially, to monitor the operation of the Plans implemented by beneficiary countries and to report to Congress. Provides a schedule for gradually removing from duty-free treatment countries that are competent in international commerce so that Caribbean countries are major beneficiaries of this Act. Sets forth the manner of governing the importation and duty-free treatment of certain sugars, sirups, and molasses. Authorizes the President to suspend the duty-free treatment provided by this title and to proclaim a duty for an eligible article if such action is taken pursuant to certain import relief or national security provisions. Authorizes the filing of petitions for import relief with the Secretary of Agriculture and the Secretary of Commerce as well as with the International Trade Commission (ITC) for injury from imports of perishable products from beneficiary countries. Directs either Secretary of both Secretaries to recommend the granting or denying of such petition within 14 days of its filing. Requires the President to take emergency action or to publish a notice of determination not to take emergency action within seven days of receiving the Secretary's recommendation. Sets forth the limits on the duration of the emergency action. Exempts from proclamations under this title certain fees imposed pursuant to the Agricultural Adjustment Act. Provides for duty-free treatment of articles imported directly from Puerto Rico and the U.S. insular possessions, so long as foreign materials do not account for more than 70 percent of the total value of the articles (or more than 50 percent of the total value with respect to articles excluded from duty-free treatment under the Caribbean Basin Economic Recovery Act). Amends the Tariff Schedules of the United States to increase to five liters (currently, four liters) the amount of duty-free liquor that may be brought into the United States. Requires that not more than four liters, of such five liter limit, may have been produced outside American Samoa, Guam, or the U.S. Virgin Islands. Authorizes the President to withdraw duty-free treatment on rum if the amount of excise taxes on rum that is paid into the treasuries of Puerto Rico and the Virgin Islands falls below the amount that would have been paid if the rum had been produced in Puerto Rico or the Virgin Islands. Amends the Trade Agreements Act of 1979 to repeal the provision for protecting U.S. possessions against revenue losses caused by concessions granted by the United States in the Tokyo Round of the Multilateral Trade Negotiations. Prohibits any action under this title from affecting a tariff imposed by Puerto Rico on coffee imported into Puerto Rico. Exempts from specified sections of the Federal Water Pollution Control Act certain discharges from sources in the U.S. Virgin Islands which are attributable to the manufacture of rum. Requires the ITC to report to Congress and the President on the economic impact of this Act on U.S. industries and consumers during: (1) the two year period beginning with January, 1983; and (2) each year afterwards, until duty-free treatment under this title is terminated. Sets forth assessments that the ITC shall make and factors to be considered in making those assessments. Provides that if a beneficiary country exports to the United States a specified quantity of an eligible article such country shall not be treated as a beneficiary country with respect to that article unless the President makes certain determinations. Permits such a country to be redesignated as a beneficiary country with respect to that article if U.S. imports of the article do not exceed a specified amount during the preceding calendar year. Terminates duty-free treatment to beneficiary countries under this title after September 30, 1989. Title II: Tax Provisions - Amends the Internal Revenue Code to require excise taxes on rum imported into the United States to be paid to Puerto Rico and the U.S. Virgin Islands. Authorizes the Secretary of the Treasury to negotiate and conclude an agreement for the exchange of information with any beneficiary country. Requires such exchange to consist of such information as may be necessary to carry out and enforce the tax laws of both the United States and the beneficiary country. Provides that such agreements shall be treated as income conventions for purposes of disclosures of tax return information. Allows a tax deduction for attending a convention held in a beneficiary country, if such beneficiary country has a tax information agreement in effect with the United States.
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 · 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 · 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 · 18 April 1983
Amends the Interstate Commerce Act to revise the Federal rail transportation policy to allow competition among carriers to provide transportation services to establish rates. (Currently competition and the demand for services establish such rates.) Removes provisions which require the maintenance of reasonable rates where rail rates provide excessive revenues. Sets forth factors for the Interstate Commerce Commission to consider when determining the reasonableness of rail rates. Revises standards and procedures for establishing revenue levels for rail carriers. Requires the Commission to assist carriers in attaining such revenue levels, while recognizing the need to maintain reasonable rates where there is market dominance. Revises factors which determine whether or not a rail carrier establishing a challenged rate has market dominance over transportation. Directs the Commission, in determining the existence or absence of effective competition, to consider only transportation competition for the same commodity. Requires the Comptroller General to make appointments to the Railroad Accounting Principles Board within 120 days of enactment of this Act. Terminates the Board three years after its members have been appointed.
United States · United States Congress · 14 April 1983
Amends the Federal Reserve Act to direct the President in selecting the members of the Board of Governors of the Federal Reserve System to appoint one member each to represent the respective interests of small businesses and agriculture.
United States · United States Congress · 13 April 1983
Balanced Monetary Policy Act of 1983 - Amends the Federal Reserve Act to require the Board of Governors and the Federal Open Market Committee of the Federal Reserve System to establish yearly targets for money and total credit aggregates and for real interest rates consistent with historic levels. Requires the Board and the Federal Open Market Committee to take necessary actions to assure that such targets are achieved, on average, on an annual basis. Requires a written report to specified Congressional committees if such targets cannot or should not be achieved because of unfavorable economic conditions. Requires the Board of Governors to transmit specified information to Congress biannually. Requires the Board to announce publicly changes in objectives and plans at the time those changes are determined. Requires the President to state for the System's record the administration's position on each vote on monetary policy taken by the Board and by the Federal Open Market Committee.
United States · United States Congress · 13 April 1983
Health Care for the Unemployed Act - Amends the Social Security Act to add a new title, Title XXI - Health Care for the Unemployed: Part A - Grants to States - Authorizes appropriations for a sum sufficient to enable each State to furnish medical assistance to unemployed individuals and their immediate family. Requires a State, in order to receive funding, to have an approved State plan for medical assistance for the unemployed. Requires a State plan to: (1) meet specified administrative requirements of the State's Medicaid plan; (2) make medical assistance available to eligible individuals voluntarily enrolled during the individual's coverage period; (3) require the State unemployment compensation agency to inform unemployment compensation recipients of the plan and of group health plans, and to notify the State Medicaid agency of eligible unemployment compensation recipients; (4) provide the following services: (a) inpatient hospital services up to nine days annually; (b) outpatient hospital, emergency, rural health clinic, and physician services for up to ten visits annually; (c) laboratory and x-ray services, subject to such limits as the Secretary of Health and Human Services shall establish; and (d) family planning and nurse mid-wife services; (5) provide for the imposition of premiums, enrollment fees, and similar charges; (6) provide that the plan will be secondary in payment to any other insurance or benefit plan providing medical assistance; and (7) provide that a State make reasonable efforts to determine the Medicaid eligibility of individuals enrolled in the plan who are not receiving unemployment compensation. Requires the Secretary to approve any plan meeting the above requirements, but precludes approval of any plan: (1) which excludes any U.S. citizen or any individual residing in the State; (2) which, if approved, would result in a deduction of Medicaid services; or (3) which does not meet requirements relating to the continuation and coversion rights of employees who lose health benefits under group health plans due to unemployment. Provides that an individual is eligible for a week if the individual: (1) is receiving unemployment compensation and three weeks have elapsed since the first week the individual received unemployment compensation; or (2) is not receiving unemployment compensation for the week, was receiving unemployment compensation for a week during the 104 week period ending with the week before the first week in which the plan is in effect and has not received unemployment compensation for any week in which the plan is in effect, and certain requirements relating to work availability. Makes an individual's family eligible if the individual is eligible. Requires a State plan to establish standards concerning whether or not an individual is employed. Requires an individual to be considered employed for a week if the individual's earnings equal or exceed an amount equal to 30 times the minimum hourly wage. Makes an individual ineligible for a week if: (1) the individual is covered under a group health plan for which a contribution is being made by someone other than the individual; (2) the individual is covered under his or her spouse's group health plan; (3) the individual is eligible for Medicaid; (4) the individual is employed for four consecutive weeks; or (5) the individual was disqualified because of fraud for unemployment compensation or convicted of a Medicaid offense in the previous year. Authorizes a State to impose a premium of between two and five percent of an individual's unemployment compensation. Requires a State to provide for the same deduction, cost-sharing, and similar charges as imposed under Medicaid. Sets forth the methods for determining payments to States. Makes provisions of title XIX relating to the operation of State plans applicable to title XXI. Sets forth definitions used in this part. Directs the Secretary, provided certain conditions are met, to grant a waiver to a State plan with respect to some or all of the Medicaid administrative requirements in the case of a State plan which enters into an arrangement with one or more private health benefits plans under which health insurance or health benefits are made available to all eligible individuals which provide required benefits at a cost no greater than the premiums and other charges of the State plan. Makes specified provisions of title XIX and part A (General Provisions) of title XI of the Act relating to rural health clinics, fraud and abuse, Indian health service facilities, cost sharing, judicial and administrative review, capital expenditures, and administration applicable to this title. Requires a State to provide an employee covered under an insured group health plan who would otherwise lose coverage because of an involuntary separation (other than for cause) from employment be provided with the option of coverage under a group health plan. Part B: Assistance to Hospitals Serving the Unemployed - Authorizes the Secretary to make grants to hospitals to assist the hospitals in providing services to individuals unable to pay. Requires a hospital, in order to receive a grant, to: (1) be located in an area of high unemployment or serve primarily medically underserved populations; (2) serve a significantly disproportionate number of patients having low income; (3) provide services to individuals without regard to their inability to pay; and (4) offer assurances that it will use the grants in addition to, rather than in lieu of, existing Federal, State, and local funds. Directs the Secretary to report to Congress concerning the grants. Authorizes appropriations for such grants for FY 1984-1987. Establishes the effective date for part B of title XXI as the beginning of FY 1984. Amends provisions of the Internal Revenue Code relating to group health plans to require a group health plan to have an open enrollment period of at least 30 days for each eligible married employee whose spouse loses coverage under a group health plan due to involuntary termination (other than for cause) of the spouse's employment. Provides for the participation of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa in the program established this Act.
United States · United States Congress · 13 April 1983
Emergency Public Works Employment Act of 1983 - Authorizes the Secretary of Commerce to make grants to States, municipalities, urban counties, and Indian Tribes for construction, renovation, repair, and improvement of local public works. Requires that such grants made to States be for local public works located in nonmetropolitan areas. Sets forth conditions for such grants and the Federal share of such projects. Prohibits making such grants to local governments which had an unemployment rate of less than eight percent for the preceding 12-month period. Prohibits the use of such grants for the acquisition of real property or for construction of any recreational or cultural facility. Requires grant applicants to give certain assurances to the Secretary. Requires the Secretary to prescribe rules, regulations, and procedures to carry out this Act. Sets forth certain required grant application procedures. Requires the Secretary to apportion funds appropriated to carry out this Act in a specified manner. Requires the Secretary to carry out an audit on each completed project carried out with Federal assistance provided by this Act. Requires grant recipients to maintain certain records. Requires the Secretary and the Comptroller General to have access to all books and records for the purpose of audit and examination. Requires the Secretary to withhold ten percent of the grant amount until completion of the audit. Requires the Secretary not to pay the recipient any withheld funds if the Secretary finds a violation of this Act. Requires that local public works projects shall not, except in the public interest, be constructed by any department, agency, or instrumentality of any State or local government, unless the State or local government certifies that no responsible person has submitted a bid on any part of a project for which a grant has been made under this Act. Requires the construction of each grant project to be performed by contract, awarded by competitive bidding. Sets forth conditions for such public bidding. Prohibits any grant under this Act from being made unless the steel, cement, and manufactured products to be used in such project are produced in the United States. Sets forth exceptions to the requirement to use American products. Prohibits the Secretary from imposing any restrictions or limitations on assistance which restricts any State from imposing more stringent "buy American" requirements than this Act. Requires grant recipients to expend a certain share of the grant for minority businesses as the Secretary determines. States factors for such prescribed share. Defines "minority business enterprise" for the purposes of this Act. Prohibits making any grant under this Act unless the applicant gives assurances that the project will be designed and constructed in accordance with accessibility standards, under Federal law, for the handicapped and the elderly. Authorizes the Architectural and Transportation Barriers Compliance Board to insure that such projects comply with Federal accessibility standards. Requires certain labor standards to be maintained upon the construction work. Sets forth wage provisions. Prohibits discrimination because of sex in any project receiving Federal grant assistance under this Act. Requires the Secretary to maintain a permanent list of grant applications approved under this Act. Requires such list to be available for public inspection, and to contain certain information. Authorizes appropriations.
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 · 11 April 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of Health and Human Services to prescribe annual adjustments to the formula for determining the primary insurance amount in order to ensure that the replacement rate for the primary insurance amount for January of the following year does not fall below a specified percentage.
United States · United States Congress · 11 April 1983
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should immediately study and report to Congress on ways to correct the benefit disparity caused by the 1977 changes in the social security retirement benefit formula.
United States · United States Congress · 7 April 1983
Prohibits the implementation of certain regulations proposed by the Office of Personnel Management (published in the Federal Register on March 30, 1983) that change the administration of the civil service system by establishing a performance management system and revising regulations concerning reductions-in-force, pay administration under the Fair Labor Standards Act, bargaining policy in labor-management relations, and the prevailing rate pay system. Voids any such regulations which became effective before enactment of this Act. Prohibits the implementation of any other regulations that would have the same effect.
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
Extends by three years, from FY 1984 to FY 1987, the period during which Vietnam-era veterans may request psychological readjustment counseling from the Veterans Administration. Directs the Administrator of Veterans Affairs to conduct a comprehensive study of the readjustment of Vietnam-era veterans to civilian life. Requires that such study include a nationwide survey of the prevalence and incidence of post-traumatic stress disorder and related readjustment problems among such veterans and a survey of their health status in relation to that of the general population. Directs the Administrator to report to Congress on such study by December 31, 1985.
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
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase from $50,000 to $100,000 the amount of death benefits paid to the survivors of public safety officers.
United States · United States Congress · 22 March 1983
Prohibits the Federal Communications Commission from repealing, amending, or otherwise modifying specified rules regarding network television syndication, network television financial interests, and prime time access before July 1, 1988.
United States · United States Congress · 21 March 1983
Authorizes appropriations for FY 1984 through 1988 to the General Services Administration for: (1) the National Historical Publications and Records Commission; and (2) funds to Federal, State, and local agencies and to nonprofit organizations for the collection, preservation, and publication of historically significant documents.
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 · 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 · 15 March 1983
Amends the Internal Revenue Code to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings accounts on the basis of the earned income of their spouses. Treats alimony payments as compensation for purposes of this deduction.
![Official portrait of Rep. Wise, Robert E., Jr. [D-WV-2]](https://www.congress.gov/img/member/w000654_200.jpg)