United States · United States Congress · 23 March 1983
Public Health Emergency Research Act - Amends title IV (National Research Institutes) of the Public Health Service Act to authorize the Secretary of Health and Human Services to conduct research on public health emergency diseases or disorders through the National Institutes of Health (NIH). Permits such research contracts to be entered into without regard to specified statutory provisions. Establishes a fund in the Treasury for such purposes, such fund to be financed through transferred NIH appropriations. Requires annual fund expenditure reports (within 90 days of the end of each fiscal year) to the appropriate congressional committees.
United States · United States Congress · 23 March 1983
Economic Equity Act of 1983 - Title I: Tax and Retirement Matters - Amends the Internal Revenue Code to provide that the maximum deduction for contributions to an individual retirement plan: (1) shall be computed separately for each individual who is married; and (2) in the case of a married individual who has no compensation or less compensation than that of the spouse, shall be determined as if such compensation were the same as that of the individual's spouse. Treats alimony as compensation for purposes of determining an individual's income tax deduction for retirement savings. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of a participant who dies before the annuity starting date in an amount not less than the amount that would have been made under the survivor's annuity if the participant has survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date and who survives the participant as if such individual were the spouse of the participant on the date of death of the participant whether or not divorced after the annuity starting date. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave. Entitles former spouses of civil service employees or Members of Congress, who were married to an employee or Member for at least ten years during creditable service, to an annuity based upon a portion of retired or retainer pay unless otherwise provided by a spousal agreement or a state court decree of divorce or annulment. Entitles former spouses to survivor's benefits under the civil service plan unless the former spouse remarries before becoming 60 years of age or the employee or Member and former spouse elect to waive such benefit. Requires that such waiver be jointly made in writing. Includes displaced homemakers as a targeted group for purposes of the targeted jobs tax credit. Defines "displaced homemaker" as a person who: (1) has not worked, except in the home, for a substantial number of years; (2) has been dependent on public assistance or on the income of a family member but is no longer supported by that income; and (3) is a member of an economically disadvantaged family and is experiencing difficulty obtaining or upgrading employment. Increases the zero bracket amount for heads of households from $2,300 to $3,400. Title II: Dependent Care Program - Increases the income tax credit for household and dependent care services from a maximum of 30 percent of amounts paid to a maximum of 50 percent of amounts paid. Reduces such percentage to a minimum of 20 percent based on the taxpayer's adjusted gross income. Makes such income tax credit refundable. Treats as tax-exempt organizations certain organizations which provide nonresidential dependent care to the general public. Requires the Secretary of Health and Human Services (through the Commissioner of the Administration of Children, Youth, and Families) to establish a grant program to assist nonprofit organizations in the establishment or operation of community-based child care information. Title III: Nondiscrimination in Insurance - Nondiscrimination in Insurance Act of 1983 - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Grants to State or local governments having insurance discrimination laws the primary opportunity to enforce this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer, if a State or local authority: (1) has received notice of a complaint and fails to act within 60 days; or (2) has no insurance discrimination laws. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Title IV: Regulatory Reform and Sex Neutrality - Requires the head of each Federal agency to: (1) conduct an ongoing review of the rules, regulations, programs, and policies of the agency to identify any which result in different treatment based on sex; and (2) submit annually a report to the Congress on such review. Sets forth rules of statutory construction relating to gender. Title V: Child Support Enforcement - Amends the Social Security Act to specify that the purpose of the child support enforcement program is to assure compliance with obligations to pay child support to each child in the United States living with one parent. Allows offsets of income tax refunds of an absent parent on behalf of children not receiving Aid to Families with Dependent Children (present law permits such offsets only in the case of children receiving AFDC payments). Requires States to establish a child support clearinghouse through which child support payments can be paid, recorded and forwarded. Revises State child support enforcement procedures. Allows allotments for child and spousal support to be taken from the pay of Federal employees.
United States · United States Congress · 23 March 1983
Federal Land Retention Act of 1983 - Requires Executive agencies to comply with specified inventory, public comment and review, and governmental notification procedures before offering Federal lands for sale. Requires that Federal lands included within specified public land systems be sold at fair market value only in accordance with this Act and only with congressional approval under the Federal Land Policy Management Act of 1976. Authorizes conveyances of specified Federal lands for recreational purposes to government units or nonprofit organizations at no cost or for up to 25 per cent fair market value without Congressional approval. Subjects such conveyance to specified conditions under the Recreation and Public Purposes Act of 1976.
United States · United States Congress · 22 March 1983
Acid Deposition Reporting Act of 1983 - Directs the National Weather Service of the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce to issue periodic reports describing the acid content in both precipitation and dry deposition throughout the United States. Sets deadlines and priorities for such reports. Authorizes the Administrator of NOAA to reimburse other public or private entities for costs of data collection for such reports in areas where the NOAA does not presently collect such data. Directs the Administrator to report annually to the Congress on the implementation of this Act, within 90 days of the previous calendar year, beginning in 1985. Directs the Administrator to promulgate rules and regulations to carry out this Act. Authorizes appropriations for FY 1984 through 1987 to carry out specified provisions of this Act.
United States · United States Congress · 21 March 1983
Soviet-Eastern European Research and Training Act of 1983 - Establishes the Soviet-Eastern European Research and Training Fund in the Treasury. Authorizes appropriations for the Fund. Establishes the Soviet-Eastern European Studies Oversight Committee. Sets forth the membership of the Committee. Requires that interest on obligations held in the Fund be available upon approval of the Committee for payments to the National Council for Soviet and East European Research (the Council), the Woodrow Wilson International Center for Scholars of the Smithsonian Institution (the Center), the International Research and Exchanges Board (the Board), and any other organization to carry out research and training in Soviet and Eastern European studies. Sets forth specific uses for such payments. Requires the National Council, the Center, and the Board to submit an application to the Committee each fiscal year. Authorizes any other organization to submit an application to the Committee. Sets forth requirements for such applications. Requires the Committee to approve expeditiously any application which meets such requirements. Provides that it shall be the duty of the Secretary of the Treasury to invest portions of the Fund not required for current withdrawal (in the determination of the Committee). Sets forth investment requirements for the Fund. Requires the Oversight Committee to prepare and submit a specified annual report to the President and to Congress concerning the Fund. Requires that the provisions of this Act terminate ten years after enactment.
United States · United States Congress · 21 March 1983
Expresses the sense of the Senate that the President should: (1) report to Congress on his intention to begin negotiations on a new long-term agricultural trade agreement with the Soviet Union; (2) seek, in such a new agreement, higher minimum and maximum supply guarantees and a provision for the export of value-added products; (3) report to Congress, by a specified date, on the potential economic and employment impacts of such a new agreement on U.S. agriculture and related industries; and (4) take appropriate measures to assure free movement of increased quantities of U.S. agricultural products to the Soviet Union.
United States · United States Congress · 18 March 1983
Prohibits the reduction of a rating of permanent total disability which has been continuously in force for ten years until a decision making such a reduction is final.
United States · United States Congress · 17 March 1983
Directs the Secretaries of Agriculture for national forest lands and of the Interior for other public lands to terminate, at the purchaser's request: (1) specified quantities of estimated and cumulative timber volume as specified in such purchaser's contract bid prior to January 1, 1982; and (2) other specified contracts for estimated timber volumes. Requires purchasers to pay for the costs incurred by the appropriate Secretary in terminating such contracts and for re-offering the terminated timber for resale. Specifies the maximum amount to be paid per terminated contract. Directs the Secretaries of Agriculture and of the Interior to adjust, without penalty, certain contract termination dates for a specified period, upon the purchaser's written request. Declares that contracts with termination dates adjusted for four years or more shall require: (1) payment by the purchaser according to a specified schedule; or (2) removal of a certain percentage of estimated timber volume by a certain date. Assures specified purchasers continued eligibility to bid on the resale of timber included in a terminated contract. Establishes guidelines for termination, payment schedules, bidding, and timber resales. Emergency National Forest Productivity Act of 1983 - Directs the Secretary of Agriculture to establish a special program to remove dead or diseased timber on national forest system lands. Authorizes the Secretary to enter into contracts, or conduct the work within the Department of Agriculture, under certain conditions. Authorizes appropriations. Authorizes the Secretary to use regular national forest system and construction accounts subject to approval by the congressional appropriations committees.
United States · United States Congress · 17 March 1983
Declares that Congress: (1) condemns the violence in Northern Ireland; (2) urges U.S. citizens to refrain from any action which contributes to the violence there; (3) urges an early political settlement there that secures the rights of both sides and that achieves Irish unity; (4) believes that a reconciliation can be found between the two Irish political traditions and between Britain and Ireland; and (5) requests the President to convey to Britain and to Ireland the desire of Americans for lasting peace in Northern Ireland.
United States · United States Congress · 16 March 1983
National Security and Violent Crime Control Act of 1983 - Title I: Narcotics Law Enforcement - National Narcotics Act of 1983 - Establishes an Office of Director of National and International Drug Operations and Policy in the executive branch to plan and coordinate drug enforcement efforts of the Federal Government. Amends the Federal Aviation Act of 1958 to require the revocation of the airman certificate of any person who violates any Federal or State law relating to the transportation or distribution of controlled substances. Provides criminal penalties for the use or sale of fraudulent certificates with the intent or knowledge that such certificates will be used to violate any such laws. Establishes criminal penalties for operating an aircraft with knowledge that such aircraft is used or intended to be used to violate any such laws. Directs the Attorney General to move expeditiously to conduct negotiations to secure the cooperation of law enforcement authorities in foreign countries in order to deprive domestic criminals of use of foreign havens for proceeds of crimes. Title II: Bail, Sentencing, and Criminal, Procedure Reform - Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days if a person: (1) who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community; or (2) is not a U.S. citizen or lawfully admitted for permanent residence. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person and the weight of the evidence against the person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to the safety of any other person or the community and; and (2) the appeal raises a substantial question of law or fact likely to result in reversal or an order for a new trial. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Allows the person released to move for amendment of the conditions of release. Allows a person to file a motion for revocation or amendment of a detention order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Sentencing Reform Act of 1983 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Imposes maximum penalties for the "Career Criminal". Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office. Amends the Federal criminal code to establish a mandatory term of imprisonment whenever: (1) serious bodily injury results from the defendant's participation in the offense; or (2) the offense is a felony and the defendant was previously convicted of a Federal or State felony, unless a substantial period of time has elapsed. Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Defines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense from one to ten years' imprisonment to five to ten years' imprisonment for a first offender and from two to 25 years to ten years to life imprisonment for a second or subsequent offender. Extends to first offenders the directions, currently applicable only to second offenders, that the court not suspend any sentence or grant probation and that the additional sentence not run concurrently with any term of imprisonment imposed for the offense itself. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses. Violent Juvenile Offender Act of 1983 - Amends the juvenile delinquency provisions of the criminal code to lower the age to seventeen for purposes of the section. Permits a juvenile to be proceeded against in Federal district court upon certification of the Attorney General that the offense charged is a felony and that there is substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. Revises the factors (including the age of the individual and the type of crime) to be considered in delinquency proceedings in district court. Revises procedures for the use of juvenile records. Amends the Federal Property and Administrative Service Act to authorize the donation of surplus Federal property to a State for housing violent juvenile offenders. Federal Diversion Act of 1983 - Authorizes the preparation of a diversion program for eligible individuals charged with non-violent Federal offenses. Includes in such program, among other activities: medical, educational, vocational, social, and psychological services; corrective and preventive guidance; counseling; restitution to the victim of the offense; and uncompensated community service. Includes among the criteria for eligibility that the person has not exhibited a continuing pattern of criminal behavior. Sets forth the admissions procedure for such program. Requires a person admitted to the program to waive formally all applicable statutes of limitations and his or her right to a speedy trial. Provides that upon the expiration of the diversion period the Government shall dismiss with prejudice the indictment, information, or complaint. Authorizes the Government to resume prosecution upon finding that the person is not fulfilling his or her obligations under the plan or that new facts demonstrate that the individual is unsuitable for the program. Allows the person charged to contest such a determination. States that the district planning panel established by current law, with other individuals as the group may appoint, shall constitute a diversion advisory committee to plan for implementation and review of the diversion program. Directs the Attorney General to conduct research and report to the President, Congress, and the Judicial Conference of the United States with respect to the diversion program. Title III: Organized Crime - Directs the Attorney General to submit annually to the congressional Judiciary Committees a report on how reorganization of the Drug Enforcement Administration and narcotics and organized crime control policies of the Department of Justice will accomplish specified goals, including: (1) immobilizing at least one organized crime entity each year; (2) reducing narcotic trafficking by meeting annual goals; and (3) reducing the economic incentives for drug traffickers by forfeiting assets of major narcotics traffickers. Amends the Federal criminal code to establish penalties for anyone who commits or commissions a contract murder, attempted murder, or assault. Provides that a direct or indirect contract between two or more persons involving an offer, agreement, or solicitation to commit a contract murder shall constitute prima facie evidence that the act was commissioned for "anything of value." Applies the penalties for contract murder to any person who uses actual or threatened force to coerce another to commit a murder, attempted murder, or assault in violation of State law. Directs the Attorney General to designate criteria for Federal involvement in the prosecution of contract murders. States that this Act does not preempt State law in this area. Makes it a Federal offense to kill any attorney, agent, or employee of the U.S. Government employed to investigate or prosecute violations of Federal criminal statutes or any employee of the Intelligence Community. Establishes a new offense of assaulting, kidnapping, murdering, or threatening the relative of any Federal employee covered by the current assault statute, with intent to interfere with such employee's official duties. Amends the obstruction of justice statute to expand the class of persons protected from coercion to include potential witnesses and informants (current law protects actual witnesses). Amends the Freedom of Information Act to expand the exception relating to informants to limit disclosure of information which "tends to disclose" an informant's identity. Amends the Federal Rules of Criminal Procedure to permit a court to reduce a sentence of a cooperating defendant upon application of a U.S. Attorney. Amends the wiretap statute to require a judge to review in camera any information as to previous wiretap applications which might compromise a current or pending case or investigation. Amends the Federal Rules of Criminal Procedure to permit disclosure of Federal grand jury information to a State or local law enforcement official who is assisting a U.S. Attorney in the enforcement of Federal criminal law. Comprehensive Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents. Anti-Arson Act of 1983 - Establishes an Interagency Committee on Arson Prevention and Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection, and control of arson. Directs the Committee to report to Congress on the success of its activities within 18 months of enactment. Terminates the Committee two years from the date of enactment. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special statistical report for arson in cooperation with the National Fire Data Center. Directs the Administrator of the United States Fire Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Authorizes appropriations for the Administration for such purpose. Amends the National Housing Act to require that FAIR (fair access to insurance requirements) plans be issued only after insurers obtain information from a prospective policyholder with respect to arson. Title IV: Amendments to Omnibus Crime Control and Safe Streets Act of 1968 - Justice Assistance Act of 1983 - Eliminates the Law Enforcement Assistance Administration including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance (OJA), to be headed by a Director appointed by the President. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance. Replaces the formula grant program with "national priority implementation and replication programs," under which grants are authorized for programs which address critical problems of violent and serious crime and for programs which have been certified to be successful. Enumerates 15 criteria for the awarding of these grants. Limits the amount of grants that may be awarded annually within any State. Limits the Federal share of the new priority grant programs to a period of four years and includes a cash match requirement. Eliminates the current national priority grant program. Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; and (3) national demonstration programs which are likely to be successful but unlikely to be funded. Establishes a Justice Assistance Board to: (1) recommend to the Assistant Attorney General for the Office of Justice Assistance funding and program priorities; (2) review and evaluate the activities of the OJA and Federal policies and priorities in justice assistance; and (3) coordinate its activities with the other justice advisory bodies. Retains the training and manpower development programs. Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the need to avoid unnecessary Federal involvement in local concerns; and (5) alternative sources of assistance. Authorizes appropriations for law enforcement assistance. Public Safety Officers Assistance Act of 1983 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a national program of group life insurance for public safety officers of a State or local government which has applied to the Law Enforcement Assistance Administration to participate in such program and agrees to withhold a premium from such officers' pay. Creates an Advisory Council on Public Safety Officers' Group Life Insurance to advise the Administration on such program. Establishes in the Treasury a Public Safety Officers' Group Life Insurance Revolving Fund.
United States · United States Congress · 15 March 1983
Expresses the sense of the Senate that Anatoly Shcharansky should be released from prison in the Soviet Union and permitted to emigrate to Israel. Urges the President and the Secretary of State to express U.S. opposition to the imprisonment of Anatoly Shcharansky.
United States · United States Congress · 11 March 1983
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to maintain a biological pesticide testing facility. Requires such facility to verify pesticide application data and conduct periodic compliance tests.
United States · United States Congress · 10 March 1983
Amends the Colorado River Basin Salinity Control Act to declare that actions concerning water and related land resources projects upstream from the Imperial Dam shall not be governed by specified provisions of the Water Resources Planning Act. Directs the Secretary of the Interior to give preference to those salinity control units that reduce the salinity of the Colorado River at the least cost per unit of salinity reduction. Deletes certain provisions of the Colorado River Basin Salinity Control Act concerning agreements with the Secretary of Agriculture for the Grand Valley unit. Authorizes the Secretary of the Interior to construct and maintain the following salinity control units according to specified directions: (1) Stage I of the Lower Gunnison Basin, Colorado; (2) McElmo Creek, Colorado; (3) Stage I of the Uinta Basin, Utah; (4) Palo Verde Irrigation District, California; (5) saline water use and disposal opportunities, Colorado River Basin; and (6) Sinbad Valley, Colorado. Requires the Secretary to carry out specified directions in implementing the construction of such units. Directs the Secretary of Agriculture to establish a voluntary cooperative program with private landowners to improve on-farm water management and reduce watershed erosion on non-Federal and Department of Agriculture lands. Directs the Secretary to issue reports to certain congressional committees and to certain others. Prohibits the expenditure of funds for measures implementing such program until the lapse of 60 days following submission of such reports. Provides for disapproval of such program by any of the congressional committees or the others. Authorizes appropriations through FY 1989. Prohibits the Secretary of Agriculture from assuming continuing operation and maintenance obligations for permanent salinity control measures constructed on non-Federal lands. Directs the Secretary of the Interior to develop a program for minimizing salt contributions to the Colorado River from lands administered by the Bureau of Land Management.
United States · United States Congress · 10 March 1983
Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 10 March 1983
Acid Deposition and Sulfur Loadings Reduction Act - Amends the Clean Air Act to establish a new program for acid deposition and sulfur loadings reduction. Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Directs the Administrator to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results to Congress within two years. Prohibits any increase in emissions of sulfur dioxide and nitrogen oxides from stationary sources in the acid deposition impact region over the total actual emissions of each pollutant in such region as of January 1, 1981. Prohibits any major stationary source in such region from increasing its actual rate of such emissions over that experienced by such source during 1980, unless there has been identified for such source an "offset" (a simultaneous net reduction in emissions of such pollutant at one or more points in such region which is in excess of the proposed increase in emission rate and which is not otherwise required by a State implementation plan or by requirements for sulfur dioxide reductions by States and major stationary sources. Requires that annual emissions of sulfur dioxide in the acid deposition impact region be reduced by 12,000,000 tons from the total 1980 level, through a phased reduction to be completed by January 1, 1998. Requires each State in such region to achieve reductions in annual sulfur dioxide emissions according to a formula based on each State's share of utility emissions in excess of a specified level in the region. Permits State Governors to reallot the required reductions. Requires each State in the region to adopt, within two years, enforcement measures to achieve such reduction. Directs the Administrator of the Environmental Protection Agency to approve such measures within six months if such measures: (1) contain enforceable requirements for continuous emission reduction; (2) contain requirements for monitoring by the source and enforcement agencies to assure that emission limitations are being met; and (3) are adequate to achieve the reduction in sulfur dioxide emissions for such State within the time limit for the region. Requires each major stationary source subject to an emission limitation established under such State sulfur dioxide reduction requirements to notify the Governor by January 1, 1987, of its intended method of compliance. Directs the Governor to submit such notifications to the Administrator. Provides that such emission limitations, compliance schedules, and other approved measures shall be deemed State implementation plan requirements. Sets a January 1, 1989, deadline for compliance with State or major stationary source sulfur dioxide reduction emission limitations by each major stationary source that states it will comply through the use of fuel substitution. Requires that each major stationary source that states it will comply with such emission limitations through the installation of a technological system of continuous emission reduction or the replacement of existing facilities with new facilities with substantially lower emissions, to: (1) enter into binding contractual commitments to acquire, install, or construct such system or facilities, by January 1, 1989; and (2) be in compliance with such emission limitations, by January 1, 1998. Requires each State in the region to achieve by January 1, 1993, an emissions reduction equal to at least five-sixths of its total State sulfur dioxide requirement. Sets forth major stationary source sulfur dioxide reduction requirements in States in the region which have not adopted, and had approved by the Administrator, such enforceable measures. Requires the owner or operator of each fossil-fuel-burning electric generating facility which is not subject to new stationary source performance standards and which emitted at an annual rate equal to or greater than 1.2 pounds of sulfur dioxide per million Btu during 1980 to comply with an emission limitation for all such facilities owned or operated by the same entity in the region equivalent to a 30-day average of 1.2 pounds of sulfur dioxide per million Btu. Requires owners or operators of such facilities to submit to the Administrator a plan and schedule for compliance not later than three years after enactment of this Act. Directs the Administrator to approve any such plan and schedule if it contains requirements for continuous emission reduction and monitoring and achievement of compliance by the same deadlines as under provisions for State sulfur dioxide reduction requirements. Sets forth the methods or programs for net emission reduction which may be used, in addition to enforceable continuous emission measures, by a State or the owner or operator of a source, if emission limitations under such methods or programs are enforceable by the Federal Government, States other than those in which the emissions occur, and citizens under specified provisions. Requires that, by January 1, 2000, each major stationary source in any State in the region shall be subject to an emissions limit at least as stringent as that of the most stringent emission limitation contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable ("lowest achievable emissions rate"). Permits a State or the owner or operator of a source required to achieve emission reductions under this Act to substitute reduction in emissions of oxides of nitrogen for required reductions in emissions of sulfur dioxide, at a rate of two units by weight of oxides of nitrogen for each unit of sulfur dioxide.
United States · United States Congress · 10 March 1983
Prohibits the Secretary of the Interior, with respect to specified submerged areas located in the Pacific Ocean off the California coastline and in the Atlantic Ocean off the Massachusetts coastline, from: (1) issuing any oil and gas lease; (2) granting any license or permit for any activity which both affects the areas and involves drilling for oil and gas; and (3) approving any exploration plan or any development and production plan which provides for such activities. Terminates the provisions of this Act of January 1, 2000.
United States · United States Congress · 9 March 1983
Amends the Reclamation Safety of Dams Act of 1978 to authorize additional appropriations to carry out such Act after October 1, 1983. States that the Secretary of the Interior may obligate construction funds for dam safety earlier than the required 60-day waiting period, after notifying Congress, when the appropriate congressional committees approve such earlier date. Includes within the scope of the Reclamation Safety of Dams Act of 1978: (1) Fish Lake, Four Mile, Ochoco, Savage Rapids Diversion and Warm Springs Dams, Oregon; (2) Como Dam, Montana; (3) Little Wood River Dam, Idaho; (4) Twin Buttes Dam, Texas; and (5) Foss Dam, Oklahoma. Makes specified costs of the Twin Buttes Dam and Foss Dam nonreimbursable and nonreturnable under Federal reclamation laws.
United States · United States Congress · 8 March 1983
Fair Practices in Automotive Products Act - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 100,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Establishes penalties for a vehicle manufacturer who fails to meet the minimum domestic content ratio. Directs the Secretary of Transportation and the Federal Trade Commission to investigate and prepare a written report regarding policies and practices of vehicle manufacturers used to persuade U.S. motor vehicle dealers to favor foreign made parts rather than domestically produced parts.
United States · United States Congress · 8 March 1983
Eliminates the social security offset against annuities provided under the Survivor Benefit Plan of the armed service when the benefits received are based on the annuitant's own employment.
United States · United States Congress · 8 March 1983
Directs the Administrator of General Services to provide for the distribution within the United States of the U.S. Information Agency film "Thanksgiving in Peshawar."
United States · United States Congress · 8 March 1983
Expresses U.S. appreciation of Simon Bolivar and proclaims July 24, 1983 through July 23, 1984, the Bicentennial Year of the Birth of Simon Bolivar. Declares the intention of Congress to send a congressional delegation to Venezuela in July 1983 to observe such bicentennial and calls upon the Congressional Research Service in the Library of Congress to conduct a study on the impact of Simon Bolivar in the United States.
United States · United States Congress · 7 March 1983
Domestic Violence Prevention and Services Act - Authorizes the Secretary of Health and Human Services to make grants to States, local public agencies, and nonprofit organizations for projects designed to prevent domestic violence and to provide immediate shelter and other assistance for victims and dependents of victims of domestic violence. Sets forth conditions for receiving the formula grants, including that the State: (1) distribute funds to local public agencies and private nonprofit organizations for domestic violence programs and services; (2) distribute at least 70 percent of such funds to private nonprofit organizations and give special emphasis to supporting community-based projects; (3) set forth procedures to assure an equitable distribution of grants within the State; (4) designate a State agency to administer the domestic violence program and coordinate all such programs within the State; (5) set forth procedures to assure active citizen participation within the State; (6) provide assurances that any project funded will coordinate its activities with other State programs and be administered by appropriately trained personnel; and (7) comply with reporting requirements. Declares that the Secretary shall not disapprove any application except after notice of and opportunity for a hearing. Authorizes the Secretary to make grants to Indian tribes and intertribal organizations. Provides that such funds may not be used for direct payment to any victim of domestic violence or to a dependent of such victim, and that no income eligibility standard may be imposed for anyone seeking services under this Act. Limits the total amount of grants to any local program to $150,000 for not more than a three-year period. Limits the grant for any fiscal year to $50,000. Requires local public agencies and private organizations to provide the following shares of Federal funding: (1) 25 percent in the first year; (2) 33.33 percent the second year; and (3) 50 percent the third year. Requires that at least 75 percent of grants be distributed to entities providing immediate shelter and related assistance to victims. Authorizes the Secretary to make supplemental grants to States for: (1) administrative costs; (2) developing and implementing programs; (3) assuring active citizen participation; and (4) developing a media campaign. Provides that each State will be allotted at least $45,000 in formula grants and $7,500 in supplemental grants. Requires each State receiving assistance to submit detailed annual reports to the Secretary on the implementation of programs. Directs the Secretary to: (1) designate a director of programs carried out under this title; (2) establish a national information clearinghouse on domestic violence, in coordination with the child abuse clearinghouse; (3) make recommendations to Congress regarding domestic violence programs; and (4) obtain information on research relating to domestic violence. Directs the Secretary to make annual reports to Congress and to evaluate and report on the effectiveness of the programs no later than two years after funds are obligated. Sets forth confidentiality requirements with respect to records of persons assisted under this title. Establishes the Federal Interagency Council on Domestic Violence to assist the Secretary in coordinating Federal programs. Authorizes appropriations. Directs the Secretary to report to the President and Congress within 18 months of enactment on the nature and incidence of abuse of elderly individuals.
United States · United States Congress · 3 March 1983
(Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 98-258) Amends the Reclamation Safety of Dams Act of 1978 to authorize the Secretary of the Interior to replace (currently, only to modify) Bureau of Reclamation dams and related facilities as determined necessary. Includes the construction of levees and installation of flood warning systems within the authority granted to the Secretary of the Interior under such Act. Requires further specific authorization by Congress for any replacement dam costing more than $10,000,000. Denies the use of funds under this Act to replace the Jackson Lake Dam, Minidoka Project, Idaho and Wyoming, with a separate storage or detention facility at another location. Increases the authorized appropriations to carry out such Act after October 1, 1983. States that the Secretary of the Interior may obligate construction funds for dam safety earlier than the required 60-day waiting period, after notifying Congress, when the appropriate congressional committees approve such earlier date. Includes within the scope of the Reclamation Safety of Dams Act of 1978: (1) Fish Lake, Four Mile, Ochoco, Savage Rapids Diversion and Warm Springs Dams, Oregon; (2) Como Dam, Montana; (3) Little Wood River Dam, Idaho; and (4) Foss Dam, Oklahoma. Makes specified costs of the Twin Buttes Dam and Foss Dam nonreimbursable and nonreturnable under Federal reclamation laws.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Andrei Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Andrei Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Andrei Sakharov Day.
United States · United States Congress · 2 March 1983
Directs the Federal Energy Regulatory Commission to commence a rulemaking relating to natural gas pipeline rate designs and to report its findings, conclusions, and recommendations to the President and the appropriate congressional committees.
United States · United States Congress · 1 March 1983
Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct a flood control project on Redbank and Fancher Creeks, California.
United States · United States Congress · 1 March 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternative claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 1 March 1983
Increases the per diem rate payable by the Administrator of Veterans Affairs to States providing domiciliary, nursing home, and hospital care to veterans in State homes.
United States · United States Congress · 1 March 1983
Columbia River Gorge Act of 1983 - Establishes the Columbia River Gorge Scenic Area as a unit of the national forest system. Extends the boundaries of the Mount Hood National Forest in Oregon and of the Gifford Pinchot National Forest in Washington State to include all the lands in their respective States lying within the Area which are not within their boundaries on the enactment of this Act. Provides that national forest system lands in Oregon which are within the Area shall be treated as components of the Mount Hood National Forest and national forest system lands in Washington which are within the Area shall be treated as components of the Gifford Pinchot National Forest for purposes of providing forest system revenues to a State or local government. Requires the Secretary of Agriculture to administer the Area and to provide all interested parties with an opportunity to participate in plans and programs for the management of the Area. Establishes in the Department of Agriculture the Columbia River Gorge Scenic Area Regional Commission, which shall be composed of members from both Oregon and Washington as well as the Chief of the Forest Service. Makes the Commission responsible for: (1) assisting the Chief of the Forest Service in the establishment of a management plan for the Area; (2) facilitating communication and coordination among the Federal, State, and local governmental agencies with jurisdiction within the Area and with residents and landowners within the Area; (3) reviewing and monitoring the implementation of the management plan by such governmental agencies; (4) reviewing all land acquisition proposals submitted by the Secretary in cases involving the potential use of eminent domain; (5) reviewing all Federal development projects within the Area for consistency with the management plan; and (6) preparing an annual report for the Secretary, Congress, and the Governors of Oregon and Washington on the status and implementation of the management plan. Requires the Chief of the Forest Service to prepare a management plan for the Area. Requires the Chief of the Forest Service to consult with the Commission and with State and local government authorities within the Area during preparation of the management plan. Authorizes the Secretary to provide financial and technical assistance to such authorities to carry out land use management activities. Directs the Secretary to incorporate State and local policies, management plans, standards, and requirements into the management plan and resolve any conflicts with the State and local authorities concerned. Requires that the management plan be submitted to the Commission for approval. Authorizes the Secretary to modify and resubmit any plan disapproved by the Commission. Authorizes the Secretary to adopt a resubmitted management plan without the Commission's approval. Permits requests for amendments to or variances from the management plan to be submitted to the Secretary. Prohibits the construction or modification of any facility in the critical portions of the Area before the Secretary's adoption of interim guidelines which shall govern all land use activities within the Area until the management plan is adopted. Requires that Federal activities within the Area be consistent with the interim guidelines and the management plan. Sets forth the procedure for the Secretary's approval of any such activities. Requires the Secretary to permit hunting and fishing on lands and waters under his or her jurisdiction within the Area. Directs the Secretary to monitor all land use activities within the Area prior to the adoption of the management plan to prevent violations of the interim land use guidelines. Requires local governments which have land use planning authority under State law and wish to enforce the management plan within the Area to submit to the Secretary and the Commission a land use plan consistent with the management plan. Requires the Secretary to approve or disapprove such a local plan within six months after its submission. Authorizes the Secretary to make annual grants to local governments to assist them in establishing such land use plans. Directs the Secretary to enforce the management plan if no approved local land use plan is in effect. Imposes criminal penalties for violations of regulations or orders issued pursuant to this Act. Authorizes the Attorney General, at the Secretary's request, to institute a civil action for an injunction or other order to prevent the use of lands in the Area in violation of the management plan. Provides for administrative and judicial review of such violations. Authorizes the Secretary to acquire lands classified as critical lands under the management plan without the owner's consent, unless, as of July 1, 1981, such lands were used primarily for single family residential purposes, farming, or grazing. Requires the Secretary to consider sale offers made by Area landowners. Authorizes the Secretary to acquire non-Federal lands within the Area by exchange. Provides that State lands may be acquired only by donation or exchange. Permits the transfer of Federal property within the Area to the Secretary without consideration. Requires that property thus acquired be: (1) transferred to the jurisdiction of the National Forest Service for inclusion in the national forest system; or (2) sold on terms to assure the use of such property in a manner consistent with the management plan. Authorizes appropriations. Makes appropriations from the Land and Water Conservation Fund available for land acquisition within the Area. Establishes an acquisition fund for land acquisition within the Area. Authorizes appropriations for the initial capital of the fund. Authorizes the Secretary to accept contributions which shall be credited to the fund. Authorizes the Secretary to make payments to local governments to mitigate property tax revenue losses resulting from Federal acquisition of real property within the Area. Limits the authority under this Act to enter into contracts or to make payments to the extent and the amounts provided in advance in appropriation Acts. Makes provisions of this Act which authorize new budget authority effective only for FY 1983 and thereafter.
United States · United States Congress · 28 February 1983
Renewable Energy Consumer Incentives Act of 1983 - Amends the Solar Energy and Energy Conservation Act of 1980 to extend the life of the Solar Energy and Energy Conservation Bank until September 30, 1990. (Under current law, the Bank will not exist after September 30, 1987.) Requires that a portion of the payments by the Bank to financial institutions to provide financial assistance for the installation of solar energy systems in residential, commercial, and agricultural buildings be allocated for active solar energy. Provides that there shall be no Federal preference with respect to financial assistance between single-family and multifamily residences. Permits all financial institutions to apply directly to the Bank for financial assistance. Authorizes appropriations for FY 1985 through 1990 for the financial assistance program under the Solar Energy and Energy Conservation Act of 1980 for the purchase and installation of residential and commercial energy conserving improvements and solar energy systems. Amends the Internal Revenue Code to make the residential energy credit applicable to expenditures for items which serve a purpose in addition to increasing energy efficiency in a dwelling (such as thermal draperies). Includes passive solar energy property which uses convective, conductive, or radiant energy transfer and which has significant impact on home energy savings as "renewable energy source property" which is eligible for the residential energy credit. Makes the residential energy credit inapplicable to energy conservation and renewable energy source expenditures made after December 31, 1990. (Under current law, such credit is inapplicable to expenditures made after December 31, 1985.) Amends the Low-Income Home Energy Assistance Act of 1981 to permit a State to transfer up to ten percent of its allotment under the low-income home energy assistance program for States to block grants for support of energy related information systems. Requires the Secretary of Energy to develop a formalized information exchange on the Federal, State, and local levels with respect to conservation and renewable energy. Authorizes appropriations to provide financial assistance to States and local governments to coordinate such program. Amends the Solar Energy Research, Development, and Demonstration Act of 1974 to require the Secretary of Energy to maintain a renewable energy and energy conservation information program. (This program replaces the solar energy information program required to be established under current law.) Requires the Secretary to establish a National Appropriate Technology Assistance Service to provide individualized technical assistance to anyone interested in renewable energy and energy efficient technologies. Amends the Motor Vehicle Information and Cost Savings Act to require the Secretary of Transportation to consider the use or integration of renewable fuels and any approaches which maximize conservation and renewable energy applications in determining maximum feasible average fuel economy. Amends the Energy Policy and Conservation Act to require the Federal Trade Commission to prescribe labeling requirements for consumer goods particularly in cases where there is a direct consumer benefit to save energy or utilize renewable energy. Amends the Small Business Act to authorize the Small Business Administration to provide reduced-rate loans to small businesses for acquisition of system performance ratings from testing laboratories for energy conservation and renewable energy systems and technologies. Requires State regulatory authorities to implement standardized contracts for renewable energy systems generating less than 100 kilowatts for: (1) the sale of electric energy from utilities to small power production facilities; and (2) the purchase of electric energy produced by small power production facilities by such utilities. Requires the Secretary of Energy to include renewable energy as a discrete energy sector in all publications of "The Monthly Energy Review". Requires Federal agencies with renewable energy programs to submit annual reports on such programs to Congress. Sets forth reporting requirements which apply to specified Federal agencies.
United States · United States Congress · 28 February 1983
Renewable Energy National Security Act of 1983 - Requires the Secretary of a military department, when procuring energy systems, to procure systems that include energy-conserving equipment. Includes biofuels as a renewable form of energy for purposes of energy systems procurement by a military department. Requires the Secretary of Defense to provide for the use of biofuels in meeting Department of Defense energy needs to the extent feasible and consistent with overall defense needs. Requires the Secretary of Defense to encourage the use of energy-conserving devices and equipment in military construction projects, including family housing projects, where practical and economically feasible. Amends the Agricultural Act of 1949 to include spoiled and contaminated grains among the accumulated stocks of agricultural commodities which the Commodity Credit Corporation may process into liquid fuels. Authorizes the Corporation to provide for the storage of liquid fuels so processed for use by the agricultural sector during periods of fuel shortages. Requires the Corporation to provide for the processing of spoiled and contaminated commodities into liquid fuels before the processing of stocks of usable feedstock. Amends the Energy Policy and Conservation Act to require the Secretary of Energy to maintain a data base on the location of all stockpiles of renewable energy supplies and biofuels and of all renewable energy production facilities in the United States. Requires that such data be made available to Government departments and agencies upon request. Requires the Secretary of Defense to assess and report to the Armed Services Committees of the House of Representatives and the Senate on the feasibility of using mobile energy systems that use renewable energy as emergency backup energy systems at military installations.
United States · United States Congress · 28 February 1983
Expresses the sense of the Senate that the future of Taiwan should be settled in a manner acceptable to the people of Taiwan and consistent with the laws enacted by Congress and communiques entered into between the United States and the People's Republic of China.
United States · United States Congress · 24 February 1983
Neighborhood Development Demonstration Act of 1983 - Directs the Secretary of Housing and Urban Development to conduct a three-year demonstration program to determine the feasibility of supporting neighborhood development activities by providing Federal matching funds to certain nonprofit neighborhood development organizations on the basis of monetary support from the private sector. Limits the amount of grants that may be multiyear awards. Directs the Secretary to use a competitive process in selecting program participants. Requires that a selected participant: (1) demonstrate measurable achievements in certain neighborhood development activities; (2) specify a plan for accomplishing one or more of such activities; and (3) specify a strategy for achieving long term private sector support. Directs the Secretary to establish a Neighborhood Development Advisory Council to evaluate the applicants and recommend selections. Requires the Secretary to: (1) assign each participating organization a program year during which time voluntary private contributions shall be eligible for matching funds; and (2) establish a ratio of between two and ten Federal dollars matched for each dollar privately contributed, which the Secretary shall pay to each organization at the end of each three-month period of the organization's program year. Limits the maximum amount the Secretary may pay to any organization for a year to $50,000. Requires the Secretary to insure that: (1) assistance may be provided under this Act only if the local government of the neighborhood to be assisted certifies that such assistance is consistent with such government's objectives; and (2) eligible neighborhood development activities comply with the Civil Rights Act of 1964. Directs the Secretary to report to Congress on the activities carried out under this Act and any findings or recommendations concerning the demonstration program. Authorizes appropriations.
United States · United States Congress · 24 February 1983
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 24 February 1983
Expresses the sense of the Congress that: (1) the Soviet Union should fulfill obligations undertaken in certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet fulfillment of internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 23 February 1983
United States Academy of Peace Act - Establishes the United States Academy of Peace as an independent nonprofit corporation. Permits the Academy to use "United States" or "U.S." or any other reference to the United States Government or Nation in its title, corporate seal, emblem, or other mark of recognition in any fiscal year only if there is an authorization of appropriations for the Academy for such fiscal year provided by law. Sets forth the powers and the duties of the Academy, including establishment of an Endowment of the United States Academy of Peace. Authorizes the Academy to establish: (1) a Center for International Peace; and (2) a United States Medal of Peace and other medals or honors. Authorizes the Academy to refuse research requests of Federal agencies for reason of cost or of inappropriateness to the Agency's purpose or independence. Prohibits the Academy from undertaking to influence the passage or defeat of any Federal, State, local, or United Nations legislation, but permits Academy personnel to testify or make other appropriate communication when formally requested to do so by a legislative body, committee, or member thereof. Provides for appointment of members of the Academy's Board of Directors. Sets forth grounds for removal of Board members. Permits Board meetings to be closed only in exceptional circumstances. Sets forth provisions for Academy officers, employees, procedures, and records. Provides that, with certain exceptions, the Academy shall not be considered a department, agency, or instrumentality of the Government. Prohibits the use of any political test or political qualification with respect to personnel actions of the Academy or financial assistance by the Academy. Authorizes appropriations in a specified amount for an Academy principal office capitalization fund. Authorizes appropriations in specified amounts for FY 1984 and 1985 for Academy programs and administration. Requires that Academy expenses in connection with the United States Medal of Peace or the accompanying cash award be paid out of the private funds of the Endowment. Restricts contract-making authority under this Act to the extent and amounts provided in appropriation Acts. Directs the Chairman of the Board of Directors of the Academy to report to the Congress and the President, beginning two years after the enactment of this Act and at two-year intervals thereafter. Directs the President to transmit to the Congress the recommendations of the appropriate Federal agencies with respect to such report and to any legislation concerning the Academy. Requires the appropriate congressional committees to hold hearings to review such report and recommendations.
United States · United States Congress · 23 February 1983
Fair Deposit Availability Act of 1983 - Requires a depository institution, before opening a deposit account, to give a customer written disclosure of its general policy on withdrawal of funds deposited by check or similar instruments into such account. Requires a depository institution to: (1) furnish its customers preprinted deposit slips, or envelopes for automatic teller machine deposits bearing a summary statement of such withdrawal policy; or (2) in the case of a particular deposit by check or similar instrument for which funds may not be immediately available for withdrawal, provide specific notice of the time the customer may withdraw such funds. Requires a depository institution to begin to compute interest on funds so deposited on the date on which such institution receives provisional credit for check or similar instrument. Requires depository institutions to comply with certain endorsement standards. Provides for expedited notice of nonpayment of a check or similar instrument. Requires the Board of Governors of the Federal Reserve System to publish model disclosure forms and regulations to carry out this Act. Provides for administrative enforcement of compliance with this Act. Sets forth civil penalties for any depository institutions which fails to comply with the requirements of this Act.
United States · United States Congress · 23 February 1983
Veterans' Health Care and Programs Improvement Amendments of 1983 - Title I: Adult Day Health Care Services Program - Authorizes the Administrator of Veterans Affairs to conduct a pilot program furnishing adult day care health services at Veterans Administration (VA) medical facilities to eligible veterans. Terminates such program after FY 1987. Authorizes appropriations for FY 1984-1987. Directs the Administrator to include a comprehensive report on this program in his annual report to Congress. Title II: Community Residential Care - Authorizes the Administrator to refer veterans eligible for hospital, nursing home, domiciliary, and medical care through the Veterans Administration to community residential facilities. Makes each veteran responsible for the cost of care and services provided by such facilities. Directs the Administrator to promulgate regulations regarding such facilities to ensure the health and safety of placed veterans. Requires the Administrator's approval of a facility before placement assistance is provided. Title III: Presumption Concerning Dysthymic Disorder - Creates a presumption of service-connection for disability purposes for dysthymic disorder (or depressive neurosis) manifest to a degree of ten percent or more in a veteran who is a former prisoner of war. Title IV: Beneficiary Travel - Permits the Administrator to pay the total travel costs of certain veterans receiving medical care at VA facilities. Title V: Effective Date - Sets forth the effective date for this Act
United States · United States Congress · 23 February 1983
Children's Survival Act of 1983 - Title I: Essential Preventive Programs for Children - Subtitle A: Child Welfare; Adoption; Juvenile Justice; Runaway Youth - Makes appropriations for FY 1984 to enable the Secretary of Health and Human Services to cooperate with State public welfare agencies in establishing, extending, and strengthening child welfare services, pursuant to the authority contained in specified provisions of the Adoption Assistance and Child Welfare Act of 1980 and the Social Security Act. Reauthorizes the program of Federal payments for dependent children voluntarily placed in foster care (by eliminating the October 1, 1983, termination date for such program) under the Adoption Assistance and Child Welfare Act of 1980. Authorizes appropriations for FY 1984 for grants to States for child abuse and neglect prevention and treatment programs under the Child Abuse Prevention and Treatment Act. Authorizes appropriations for FY 1984 for demonstration projects under such Act. Authorizes appropriations for FY 1984 to carry out provisions relating to adoption opportunities under title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978. Authorizes and makes appropriations for FY 1984 to make grants and contracts under the Child Abuse Prevention and Treatment Act of 1978 for programs and projects to prevent, identify, and treat sexual abuse of children. Limits to ten percent the amount of such funds which may be used for research. Makes appropriations for FY 1984, pursuant to the above authorizations of appropriations for: (1) grants to states under the Child Abuse Prevention and Treatment Act; (2) demonstration projects under such Act; (3) adoption opportunities under title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978; and (4) programs and projects related to the treatment of sexual abuse of children. Amends the Omnibus Budget Reconciliation Act of 1981 to eliminate the ceiling on appropriations to carry out title II (Programs and Offices) of the Juvenile Justice and Delinquency Prevention Act of 1974. Makes appropriations for FY 1984 to carry out such title. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to increase the amount authorized to be appropriated for FY 1984 for part A (Grants Program) of title III (Runaway and Homeless Youth) of such Act. Makes appropriations for FY 1984 for such grants program for runaway and homeless youth under such Act. Subtitle B: Child Care - Makes appropriations for FY 1984 to carry out the Head Start Act, pursuant to the authority contained in specified provisions of the Omnibus Budget Reconciliation Act of 1981. Amends the National School Lunch Act to restore a reimbursement level for up to three meals and two supplements per day per child. (Current law provides for only two meals and one supplement.) Provides that no institution may be prohibited from serving breakfast, lunch, supper, and supplements to any eligible child each day, except in the case of institutions that provide day care to school children outside of school hours. Eliminates provisions for ten percent reductions in the total amount of reimbursement provided for school lunch program administrative expenses for family or group day care home sponsoring organizations. Directs the Secretary of Agriculture to immediately adjust the maximum allowable level for administrative expense payments so as to achieve an increase in the total amount of reimbursement which is equivalent to any reduction made pursuant to specified amendments made by the Omnibus Budget Reconciliation Act of 1981. Provides for restoration of the child care nutrition equipment assistance program under the National School Lunch Act. Directs the Secretary of Agriculture to provide assistance to States under the National School Lunch Act for programs serving large numbers of low-income children meals under such Act and the Child Nutrition Act of 1966. Sets forth formulas for reimbursements to institutions. Amends title XX (Blocks Grants to States for Social Services) of the Social Security Act to establish a program of supplemental incentive grants to States for child day care services. Authorizes appropriations for FY 1984 for such program. Sets forth provisions for apportionment among the States and other program requirements. Amends the Internal Revenue Code to increase the income tax credit for household and dependent care expenses from 20 percent to a maximum of 50 percent of such expenses. Reduces such percentage by one percent for each full $1,000 by which the taxpayer's adjusted gross income exceeds $10,000. Make the income tax credit for household and dependent care services refundable. Provides that no part of such credit shall be: (1) counted as income in determining eligibility for other entitlement programs; or (2) counted against other credits under specified provisions of the Code. Grants tax-exempt status to organizations which provide nonresidential dependent care services to the general public for purposes of enabling individuals to maintain employment. Subtitle C: Health Care for Mothers and Children - Part 1: Appropriations - Amends title V (Maternal and Child Health and Crippled Children's Services) of the Social Security Act to increase the amount authorized to be appropriated for FY 1984 for the maternal and child health block grant program. Makes appropriations for FY 1984 for such program. Makes appropriations for FY 1984 for grants to community health centers, pursuant to the authority contained in the Public Health Service Act. Makes appropriations for FY 1984 to carry out title X (Population Research and Family Planning) of the Public Health Service Act, pursuant to the authority contained in such Act and in the Omnibus Budget Reconciliation Act of 1981. Amends the Omnibus Budget Reconciliation Act of 1981 and the Public Health Service Act to increase the amount authorized to be appropriated in FY 1984 for grants for preventive health service programs to immunize children against immunizable diseases. Makes appropriations for FY 1984 for such grants. Amends the Omnibus Budget Reconciliation Act of 1981 and the Child Nutrition Act of 1966 to increase the amount authorized to be appropriated for FY 1984 for the special supplemental food program for women, infants, and children (WIC). Makes appropriations for FY 1984 for the WIC program. Part 2: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to provide for: (1) eligibility for certain needy individuals under age 18 and for pregnant women; (2) automatic eligibility determination procedures during the first two months of life for certain children born to women receiving Medicaid assistance; (3) vision, hearing, and dental care services for eligible individuals under age 21; (4) exemption of certain expenditures in calculating Federal expenditure targets for States; and (5) mandatory Medicaid eligibility for recipients of State-provided child care. Subtitle D: Education - Makes appropriations for FY 1984 to carry out chapter I (Financial Assistance to Meet Special Educational Needs of Disadvantage Children) of the Education Consolidation and Improvement Act of 1981, pursuant to the authority contained in the Omnibus Budget Reconciliation Act of 1981. Makes appropriations for FY 1984 to carry out part B (Assistance for Education of All Handicapped Children) of the Education of the Handicapped Act, pursuant to the authority contained in the Omnibus Budget Reconciliation Act of 1981. Amends the National School Lunch Act to provide for a reduction of reduced-price meal costs. Revises eligibility standards for free and reduced-price lunches. Provides for an increased subsidy for preparation of free or reduced-price meals. Amends the Child Nutrition Act of 1966 to repeal the $5,000,000 per fiscal year limitation on funding for grants to states for nutrition education and information programs. Authorizes appropriations for at least $10,000,000 per fiscal year for such grants. Makes appropriations for FY 1984 for such grants. Repeals provisions of the Omnibus Budget Reconciliation Act of 1981 which lowered the earned income deduction under the food stamps program. Amends the Food Stamp Act of 1977 to increase the earned income deduction. Provides for optional retrospective accounting for determining household eligibility under the food stamps program. Raises food stamp benefit amounts to thrifty food plan levels. Subtitle F: Family Supports - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to increase the amount authorized to be appropriated for FY 1984 and succeeding fiscal years. Amends the Internal Revenue Code to provide for an upward adjustment of the credit for dependent children and children under age six. Reduces the tax on earned income of low-income workers. Amends title IV, part A (Aid to Families with Dependent Children) of the Social Security Act to repeal provisions which count earned income tax credit payments in advance as income for AFDC grant determination purposes. Amends title IV, part A (Aid to Families with Dependent Children) of the Social Security Act to provide for: (1) mandatory supplemental payments to families with income; (2) optional retrospective budgeting and optional monthly reporting by states; (3) elimination of the four-month restriction on work incentive disregards; (4) repeal of the 150 percent cap on income limit for eligibility; and (5) increased amounts for the disregards for work expenses and child care expenses. Subtitle G: Youth Employment - Makes appropriations for FY 1984 to carry out part A (Adult and Youth Programs) of title II (Training Services for the Disadvantaged) and title IV (Federally Administered Programs)(other than part B - Job Corps - provisions of title IV) of the Job Training Partnership Act of 1982. Requires that at least 93 percent of the appropriated amount be available to carry out local training programs for economically disadvantaged persons under part A of title II of such Act. Makes appropriations for FY 1984 to carry out part B (Summer Youth Employment and Training Programs) of title II of the Job Training Partnership Act of 1982.
United States · United States Congress · 22 February 1983
National Institute of Arthritis and Musculoskeletal and Skin Diseases Act of 1983 - Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute (Institute) of Arthritis and Musculoskeletal and Skin Diseases in the National Institutes of Health (NIH). Redesignates the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases as the National Institute of Diabetes and Digestive and Kidney Diseases. States that the Institute shall conduct research and related activities concerning arthritis and musculoskeletal diseases, including sports-related disorders and skin diseases. Requires the Director of the Institute, with the advice of the National Arthritis and Musculoskeletal and Skin Diseases Advisory Council, to establish within 180 days a national plan to coordinate such activities. Requires an annual evaluation of the skin diseases programs. Establishes within the Institute: (1) the National Arthritis and Musculoskeletal and Skin Diseases Data System; and (2) the National Arthritis and Musculoskeletal and Skin Diseases Information Clearinghouse. Authorizes appropriations through FY 1986. Establishes within the Institute: (1) an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee; and (2) a Skin Diseases Interagency Coordinating Committee. Requires annual reports to the Secretary of Health and Human Services and to the Director of NIH. Establishes within the Institute a National Arthritis and Musculoskeletal and Skin Diseases Advisory Council. Authorizes appropriations through FY 1986 for arthritis and musculoskeletal demonstration projects and multipurpose disease centers. Requires the Institute to submit a biennial report. Transfers arthritis-related functions (including data system, advisory functions, coordinating functions, demonstration project, and multipurpose center), funds, personnel, and assets to the Institute from the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases. Requires the Secretary to report to the appropriate congressional committees and to the Comptroller General within 60 days regarding such transfers. Requires the Comptroller General to report to the appropriate congressional committees within 80 days regarding such transfers. Terminates the National Arthritis Advisory Board. Makes conforming amendments. Requires the Secretary, through NIH, to conduct a study of the existing combinations of disease research programs within the institutes and of the standards to be followed in establishing new or realigning existing institutes. Requires a report to the appropriate congressional committees within 18 months. Prohibits the establishment of any new institutes within six months of such report's submission. Directs the Secretary to conduct and complete within 60 days a review of the disease research programs of the National Institute of Diabetes and Digestive and Kidney Diseases (as redesignated by this Act) to determine if any of these programs could be more effectively managed by other national research institutions.
United States · United States Congress · 22 February 1983
Law Enforcement Officers Protection Act of 1983 - Establishes criminal penalties applicable to licensees under the Gun Control Act of 1968 who import, manufacture, or sell a "restricted handgun bullet," except as authorized by the Secretary of the Treasury. Establishes additional criminal penalties, including a mandatory minimum sentence of one year imprisonment, for: (1) using a restricted handgun bullet to commit a Federal felony; or (2) carrying a restricted handgun bullet unlawfully during commission of a Federal felony.
United States · United States Congress · 22 February 1983
Amends the Tax Reform Act of 1976 to extend from 1983 to 1987 the exclusion from gross income of income resulting from the cancellation of student loan indebtedness.
United States · United States Congress · 17 February 1983
Education for Economic Security Act - Authorizes the Secretary of Education to make matching grants to States to pay the Federal share of the costs of strengthening instruction in mathematics, science, computer education, foreign languages, and vocational education. Authorizes appropriations for FY 1984 through 1986. Directs the Secretary to allot to each State from such appropriations for each fiscal year an amount based on the relative number of children aged five through 17 in such State. Provides that no State shall receive less than one-half of one percent of the funds appropriated for any fiscal year. Provides for reallotments, based on the Secretary's estimates, of sums exceeding a State's needs. Authorizes additional appropriations for allotment to: (1) Guam, American Samoa, and the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (2) the Secretary of the Interior for programs in schools operated for Indian children; and (3) the Secretary of Defense for programs in overseas dependent schools. Apportions 65 percent of each State's allotment to elementary, secondary, and vocational education programs and 35 percent to higher education programs. Directs State educational agencies to distribute a specified percentage of the elementary, secondary, and vocational education apportionment to local educational agencies for mathematics and science instruction, foreign language instruction, and computer education programs, together with related instructional materials. Bases such distribution upon the relative numbers of children aged five through 17 in the schools and upon the size of the proposed programs. Bases renewals of such payments upon such criteria and upon a determination that the local program serves substantial numbers of students and involves several grade levels. Requires each State education agency to: (1) distribute a specified percentage of its apportionment for foreign language instruction; and (2) use a specified percentage for exemplary programs instructional materials, technical assistance, and information. Requires the State agency responsible for vocational education to use a specified percentage of the apportionment for vocational education employment-based programs in new and emerging technologies, including computer learning and instruction (with a specified portion to be used for programs in correctional institutions). Requires each local educational agency to to provide for special educational services and arrangements in which children enrolled in private elementary and secondary schools can participate. Requires that expenditures for such services be equal (taking into account the number and needs of children to be served) to expenditures for public school children. Requires that program funds be distributed among vocational education schools and area vocational schools. Directs the State agency for higher education to distribute the higher education programs apportionment among institutions of higher education, with specified percentages to be used for: (1) elementary and secondary school teacher training, retraining, and in service training in mathematics, science, and computer education, as well as cooperative programs with other organizations, such as museums and libraries; (2) employment-based programs equipment in new and emerging technologies, including computer learning and instruction and basic engineering instruction; and (3) foreign language instruction. Sets forth requirements for State applications for grants under this Act. Sets forth provisions for Federal matching payments of 50 percent of the costs of programs under this Act.
United States · United States Congress · 15 February 1983
Disability Amendments of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the termination of disability benefits on the grounds that the physical or mental impairment on which such benefits were based has ceased, did not exist, or is no longer disabling, unless the Secretary of Health and Human Services finds that the individual is significantly more able to engage in substantial gainful activity than at the time of the most recent decision that the individual was disabled. Exempts certain cases from the prohibition against termination of benefits, including cases where there is a finding of fraud. Directs the Secretary, in determining whether a person is disabled, to consider all evidence available in the person's case record and to develop a complete medical history of at least the preceding year. Requires that a preliminary disability decision by a State agency, or the Secretary, which is unfavorable to the disability benefit applicant contain a statement of the case with a discussion of the evidence, the basis for such decision, the right of the applicant to a review of the decision, and the right to submit additional medical evidence prior to such review. Requires the statement to be sent to the individual. Entitles the applicant or the applicant's spouse, former spouse, surviving spouse, surviving divorced mother, child or parent to a review of the preliminary decision (including the right to make a personal appearance and submit additional medical evidence), upon a showing that his or her rights may be prejudiced by such decision and upon timely request. Sets forth the procedural requirements for a review of a preliminary disability decision. Provides that a preliminary disability decision may be affirmed, modified, or reversed on the basis of the review. Authorizes the State agency which made the initial disability determination to make any new disability determination required during review of the case after notification to the Secretary and in accordance with the rules governing such determinations. Requires that a decision by the Secretary after review which is unfavorable to the individual requesting the review contain a statement of the case which shall be sent to the individual. Requires the statement to contain a discussion of the evidence, the reasons for the decision, the right of the individual to a hearing, and the right to submit additional medical evidence before the hearing. Requires that individuals requesting a review be informed of the requirements under this Act and of their right to representation at the review. Provides for reasonable notice and opportunity for a hearing for disability benefit applicants who show that their rights may be prejudiced by a decision after review. Provides that the hearing decision may affirm, modify, or reverse the Secretary's findings of fact and the decision after review. Requires the Secretary to prescribe a period of time after hearing decisions during which the Secretary, upon his or her own motion or at the request of the individual who requested the hearing, may review the hearing decision and affirm, modify, or reverse it. Makes such a review the final review of the decision. Provides that the decision shall be considered final if it is not so reviewed. Requires the Secretary to notify the individual involved with respect to a case where the Secretary initiates a review. Provides that an application for disability benefits filed before the first month in which the applicant satisfies the requirements for such benefits shall be considered valid only if: (1) the applicant satisfies such requirements before the Secretary makes a final decision on the application and no request for review has been made; or (2) the applicant satisfies such requirements before a decision on review is made in any case where review is requested. Requires that hearings on disability decisions after review be conducted on the record. Subjects such hearings to Federal law governing administrative hearings. Requires the Secretary to appoint administrative law judges to conduct such hearings. Entitles any individual who is dissatisfied with the final hearing decision to judicial review of that decision. Entitles an individual who shows that his or her rights may be prejudiced by a determination with respect to his or her continuing eligibility for disability benefits to the same type of review and hearing as is permitted in the case of an initial disability determination. Repeals the provision of title II covering suspension of benefits based on disability. Repeals the current provision covering reconsiderations of terminations of disability benefits. Specifies the cases with respect to which State agencies may make new disability determinations for purposes of review under this Act. Permits an individual who has been found to be no longer eligible for disability benefits, and who has requested a hearing on such determination, to elect to have the payment of such benefits continued during the period of appeal. Provides that if the decision upon appeal affirms the determination that the individual is not entitled to such benefits, any benefits paid pursuant to such election shall be considered overpayments. Requires the Secretary to provide uniform standards which shall be applied at all levels of disability determinations. Provides that except in certain cases, if an individual has been found to be no longer eligible for disability benefits, the termination month for such benefits shall be the month in which: (1) a decision affirming such benefit termination has been made after review of the preliminary decision to this Act; or (2) the time for requesting such a review has expired. Sets forth evidentiary requirements with respect to disability determinations. Requires the Secretary, if a U.S. Court of Appeals issues an opinion requiring the Department of Health and Human Services to apply a provision of the Social Security Act in a manner different from the manner in which such provision is generally carried out, to request review of the decision by the Supreme Court or to acquiesce in such decision with respect to all beneficiaries.
![Official portrait of Sen. Cranston, Alan [D-CA]](https://www.congress.gov/img/member/c000877_200.jpg)