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
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
American Defense Education Act - Authorizes a national program to provide incentives to local educational agencies to improve: (1) instruction in mathematics, science, and communication skills, foreign languages, and technology; and (2) guidance and counseling. Title I: Elementary and Secondary Education Programs - Requires local education agencies which desire to participate in such national program to develop and carry out a program of improvement of instruction and student achievement. Sets forth requirements for such programs. Entitles participating local educational agencies to receive basic payments for each fiscal year equal to two percent of an established payment rate multiplied by the average daily attendance. Entitles agencies which show substantial evidence of meeting program goals to an incentive payment equal to an additional two percent of the established payment rate multiplied by the average daily attendance. Sets forth formulae for establishing such payment rate. Sets forth requirements for applications for payments. Directs the Secretary of Education ("the Secretary") to approve applications which meet such requirements. Title II: Teacher Training and Postsecondary Programs - Authorizes the Secretary to establish a program of grants to institutions of higher education for coordination between such institutions and local educational agencies in improving science and mathematics education, through precollege teacher training, development, and recruitment programs. Sets forth requirements for grant proposals and priorities in grant selection. Authorizes appropriations for FY 1985 through 1987 for such grants. Title III: Research to Improve Instruction - Directs the Secretary to administer, through the National Institute of Education (NIE) in consultation with appropriate Federal agencies, a program to support research and development into effective education in mathematics, the sciences, foreign languages, and technology. Authorizes appropriations in the Department of Education to be made available to NIE to carry out such educational research program for FY 1985 through 1987. Title IV: General Provisions - Directs the Secretary to administer the program and to pay each local educational agency with an approved application the amount to which it is entitled for each fiscal year under title I provisions. Provides for a joint survey and report to Congress by the Secretaries of Defense and Education, for each year from 1984 through 1987, on the academic achievement levels of U.S. 18-year-olds and the personnel training and educational needs of the armed forces.
United States · United States Congress · 22 February 1983
Older Americans Vocational Education Act - Authorizes the Secretary of Education to make grants to States to pay the costs of training, retraining, and placement programs for older Americans. Authorizes appropriations for FY 1984, 1985, and 1986. Sets forth methods for making allotments to the States and for the various programs under this Act. Requires each State desiring to receive assistance under this Act to establish an older Americans job training committee to be composed of a representative from the private sector and officers from specified State agencies. Directs the Secretary to make grants under this Act to each State's committee. Directs a committee to use its allotment for: (1) employment based programs for older Americans in occupations with existing job opportunities; (2) training programs for older Americans; and (3) placement services. Requires a State in order to receive a grant to file an application which shall: (1) designate the older Americans job training committee; (2) describe the programs for which assistance is sought; (3) assure that specified categories of older Americans are given priority under the State's programs; (4) provide procedures under which providers of training and placement services may submit applications to the job training committees for distribution of payments to such providers; and (5) assure that no more than ten percent of a State's allotment will be used for administrative expenses. Authorizes the Secretary to make grants and enter into contracts with qualified national organizations to develop and carry out demonstration projects designed to focus attention on the special vocational education needs of older individuals and to promote employment opportunities for older individuals. Directs the Secretary to establish and operate an information clearinghouse on training and retraining programs for older Americans. Amends the Vocational Education Act of 1963 to extend coverage to individuals of all ages (and specifically those individuals subject to age stereotyping and age discrimination).
United States · United States Congress · 17 February 1983
Handgun Crime Control Act of 1983 - Title I: Amendments to Chapter 44 of Title 18, United States Code - Amends the Federal criminal code to direct the Attorney General to approve for manufacture, assembly, importation, sale, or transfer any handgun model which is generally recognized as particularly suitable for or readily adaptable to sporting purposes. Makes it unlawful for any licensed manufacturer, importer, dealer, or collector to manufacture, assemble, sell, deliver, or transfer any handgun (other than a curio or relic) which is not an approved model. Makes it unlawful for any non-licensee to sell or transfer any handgun (other than curio or relic) unless such person knows or has reasonable cause to believe such handgun is an approved model. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition. Directs the Attorney General to review State laws providing for permits to carry and purchase handguns and certify those meeting specified standards. Allows an individual possessing a permit under a certified State law to purchase a handgun if certain requirements are met. Makes it unlawful for a licensed dealer to transfer a handgun to a person not holding a permit under a certified State law unless certain procedures are followed. Requires in any such case that the transferee appear in person at the dealer's business premises. Requires the dealer, before delivery of the handgun, to forward a copy of a sworn statement by the transferee to the chief local law enforcement officer of the transferee's place of residence and the Federal Bureau of Investigation (FBI) for an identity and record check. Prohibits delivery until 21 days after submission of the sworn statement. Makes it unlawful for any licensed importer, manufacturer, dealer, or collector to sell to the same person, or for any non-licensee to purchase, three or more handguns during a period of one year without the prior approval of the Attorney General. Makes it unlawful for any person to fail to report the loss, theft, or disappearance of a handgun in his possession to the authorities within 24 hours after discovering such loss. Requires all licensed importers, manufacturers, and dealers to maintain accurate records of all handgun transfers. Makes any person who negligently transfers a handgun in violation of this Act civilly liable for the death or injury of an individual as a result of the use of such handgun by the transferee during commission of an offense. Makes it unlawful for any person to transport any firearm or ammunition in interstate or foreign commerce if such transportation violates a State law in a place through which the firearm is shipped or an ordinance at the place of sale, delivery, or other disposition. Increases the license fee for handgun dealers from $10 to $500 and for manufacturers and importers from $50 to $5,000. Makes it unlawful for any illegal alien, dishonorably discharged member of the armed forces, or U.S. citizen who has renounced such citizenship to possess, transport, or receive any firearm or ammunition. 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. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense to two to ten years imprisonment for a first offense (currently, one to ten years) and five to 25 years for a second offense (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences, unless the court finds the existence of enumerated mitigating circumstances. Adds a term of parole ineligibility as an additional restriction on first offenders (two years) and subsequent offenders (five years). Title II: Gun Control Functions Transferred to the Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Establishes the Firearms Safety and Abuse Control Administration within the Department of Justice. Requires the Attorney General to report annually to Congress on the activities of the Administration. Title III: Miscellaneous Provisions - Directs the Advisory Commission on Intergovernmental Relations, in consultation with the U.S. Conference of Mayors and the National League of Cities, to report on the intergovernmental problems involved in controlling illicit handgun traffic and the effectiveness of the Gun Control Act of 1968.
United States · United States Congress · 16 February 1983
Emergency Jobs, Training and Family Assistance Act of 1983 - Title I: Jobs for the Unemployed - Directs the Secretary of Labor ("the Secretary"), from funds authorized under this title, to transfer funds to or reserve funds for specified employment programs. Authorizes appropriations for the period from the date of enactment of this Act through September 30, 1984. Makes such funds available for obligation and expenditure for one year from the date of appropriation. Requires that such funds be in addition to any amounts authorized for such employment programs prior to the date of enactment of this Act. Authorizes the Secretary to transfer a specified amount of funds under this title to hire long-term unemployed individuals through the Community Development Block Grant program, authorized under the Housing and Community Development Act of 1974. Directs the Secretary of Housing and Urban Development (HUD), from transfers made by the Secretary, to make grants to States and local governments in accordance with a specified allocation for housing rehabilitation and other activities described under such Act which the Secretary of HUD determines are labor intensive activities. Sets forth formulas for allocation of such funds to States and entitlement areas based on unemployment rates. Sets forth requirements for State and local applications and use of funds within a specified period. Directs the Secretary to report to Congress on such program by July 1, 1984. Authorizes the Secretary to reserve a specified amount of funds under this title for youth employment and education programs authorized under part C of title II of the Job Training Partnership Act. Amends such Act to add such provisions for a youth employment and education program. Sets forth program requirements for: (1) reservation of funds; and (2) allotment and allocation to and within States. Limits program eligibility to economically disadvantaged youths between 15 and 20 years old who agree to resume or maintain attendance in a secondary school diploma or high school equivalency certificate program or participation in other educational activities to improve their employability. Permits program funds to be used for part-time employment or training operated by specified types of governmental or private nonprofit organizations or for full-time summer employment. Sets forth requirements for private industrial council (PIC) applications for such program. Sets forth program responsibilities of State and local governments, State job training coordinating councils, and PICs. Authorizes the Secretary to reserve a specified amount of funds under this title for community service employment for older Americans under the Older Americans Act of 1965. Authorizes the Secretary to transfer a specified amount of funds under this title to the Secretary of Health and Human Services (HHS) for weatherization projects under the Low Income Home Energy Assistance Act of 1981. Amends such Act to add provisions for an emergency low income weatherization employment program. Provides for allotments to States from funds transferred under this title to be used for low-cost residential weatherization or other energy-related home repair for low-income households designed to provide employment to the unemployed in areas where such weatherization and home repair are carried out. Authorizes the Secretary to transfer a specified amount of funds under this title to the Secretary of HHS for additional amounts for social services block grants for increased provision of child day care services under the Social Security Act. Authorizes the Secretary to transfer a specified amount of funds under this title to the President of the Solar Energy and Energy Conservation Bank for activities designed to increase employment opportunities under the Solar Energy and Energy Conservation Act of 1980. Authorizes the Secretary to transfer a specified amount of funds under this title to the Secretary of HHS for development loans to rural community economic development programs to increase employment under the Community Economic Development Act of 1981. Authorizes the Secretary to make such transfers of funds authorized under this title for the above mentioned programs to the head of each Federal agency within 60 days after enactment of the appropriation Act providing such funds. Prohibits such transfers until the Secretary and the appropriate Federal agency heads have entered into cooperative agreements. Sets forth required provisions for such cooperative agreements. Requires that at least 80 percent of funds provided under this title which are expended for wage and benefits will be used for wages and benefits for workers who were unemployed: (1) at least 15 of the 26 weeks immediately preceding the date of enactment of this Act; and (2) immediately prior to program participation. Requires that all workers employed under the program assisted by this title have been referred by a U.S. Employment Service office as being currently unemployed. Makes ineligible for program employment workers who have, within six months prior to the determination, voluntarily terminated, without good cause, their last previous employment at or exceeding the Federal minimum wage. Requires that program wages be not less than the highest of the applicable minimum wage or the prevailing wage for workers in similar positions with the same employer. Limits the share of wages and benefits paid to any program participant out of funds under this title to the hourly equivalent of $10,000 per year. Requires that at least 75 percent of the program funds under this title to be used for employee wages and benefits. Prohibits displacement of current workers by program employees funded under this title. Sets forth other prohibitions for programs funded under this title. Sets forth administrative provisions. Title II: Training for New Industries - Authorizes additional appropriations for FY 1983 and 1984 for employment and training assistance for dislocated workers under the Job Training Partnership Act. Amends the Higher Education Act of 1965 to direct the Secretary of Education to disregard, in any case in which a student is determined to be a dislocated worker (in accordance with regulations prescribed by the Secretary of Labor), all equity in a single place of residence and the amount of unemployment benefits of such a student for purposes of computation of assets and income for the proposed family contribution schedule for determination of Pell Grants. Increases the total amount of appropriations authorized under Omnibus Reconciliation Act of 1981 for Pell Grants for the period beginning on the date of enactment of this Act through September 30, 1984. Makes such additional sums available for entitlements only to dislocated workers who are otherwise eligible for Pell Grant payments. Authorizes additional appropriations for the Job Corps under the Job Training Partnership Act, for the period beginning on the date of enactment of this Act through September 30, 1984. Title III: Emergency Services Assistance - Emergency Food and Shelter Act of 1983 - Authorizes the Secretary of Health and Human Services ("the Secretary") to make grants to States for emergency food, shelter, and health care assistance. Authorizes appropriations for the period from the date of enactment of this Act through September 30, 1984, to carry out the provisions of this title. Provides that such funds shall remain available for the succeeding fiscal year. Directs the Secretary to make allotments to States as follows: (1) 25 percent of grant funds on the basis of relative numbers of unemployed; and (2) 75 percent on the basis of "excess numbers" of unemployed (those in excess of 4.5 percent of the civilian labor force). Directs State Governors to allocate the State allotment among local governments on the basis of relative numbers of excess numbers of unemployed and of long-term unemployed within service delivery areas. Permits such grants to be used for emergency shelter (including emergency payments for rent and utilities), food, and health care services for long-term unemployed and other needy individuals, together with crisis counseling for alcoholism, drug abuse, suicide, child abuse, and domestic violence. Sets forth requirements for State applications. Requires that: (1) between 15 to 20 percent of each local government allocation be used for health care services for long-term unemployed individuals; and (2) of such amount for health care services, two-thirds will be used for hospital care and one-third for community health center care. Limits administrative expenses to ten percent of the State allotment. Sets forth requirements for program payments, administration, withholding, and audit. Directs the Secretary to report annually to the President and the Congress on the program authorized by this title.
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.
United States · United States Congress · 3 February 1983
Equal Access to Voting Rights Act - Directs the Attorney General to promulgate guidelines to assure that registration and polling place facilities used for Federal elections are readily accessible to handicapped and elderly individuals. Sets forth minimum requirements for these guidelines. Requires States to make available registration and voting aids for handicapped and elderly individuals in Federal elections. Authorizes the Attorney General and aggrieved persons to bring actions in Federal court to enforce this Act.
United States · United States Congress · 3 February 1983
Amends title VII of the Civil Rights Act of 1964 to prohibit employment discrimination on the basis of sexual orientation. Directs that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.
United States · United States Congress · 3 February 1983
National Heritage Resource Act of 1983 - Amends the Internal Revenue Code to allow creators of artistic properties an income tax deduction for the current fair market value of literary, musical, or artistic compositions which they contribute to charitable organizations. Requires: (1) that the artistic property be created by the taxpayer at least one year prior to the time of such contribution; (2) that the fair market value of such property be appraised within one year of the date of contribution; and (3) that the donee of such property show that the use of the property will be related to the charitable purpose or function of his organization. Denies a fair market value deduction for contributions of any letter, memorandum or similar property produced by a Federal or State employee which arose out of the performance of such employee's official duties. Exempts such fair market value deduction from the application of the minimum tax.
United States · United States Congress · 3 February 1983
States that the President should, at the earliest possible date: (1) request Senate consent to ratification of the Threshold Test Ban and Peaceful Nuclear Explosion Treaties; and (2) resume trilateral test ban treaty negotiations.
United States · United States Congress · 3 February 1983
Directs the President to resume negotiations with the Soviet Union on a treaty prohibiting: (1) the testing, deployment, production, or use of any weapons system designed to damage or interfere with a spacecraft; and (2) the stationing in outer space of any weapon designed to inflict injury or damage on the Earth, in the atmosphere, or on objects placed in space. Requires such a treaty to provide for verifying compliance with its terms. Directs the President to request the United Nations to bring about multilateral negotiations banning all weapons based in space.
United States · United States Congress · 3 February 1983
Disapproves the proposed deferral of budget authority (D83-43) relating to economic development assistance programs, transmitted by the President to Congress on February 1, 1983.
United States · United States Congress · 3 February 1983
Expresses the sense of the Senate that neither the President nor the Congress should impose fees on domestic or imported crude or refined petroleum products.
United States · United States Congress · 2 February 1983
Condemns all acts of violence in Northern Ireland. Calls upon the Government of the United Kingdom to outlaw the Ulster Defense Association and any like terrorist organization.
United States · United States Congress · 2 February 1983
Condemns the use of plastic or rubber bullets in Northern Ireland. Calls upon the Government of the United Kingdom to ban the use of plastic or rubber bullets against civilians.
United States · United States Congress · 1 February 1983
Labor Management Racketeering Act of 1983 - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 fines and/or five years' imprisonment. Adds intent to benefit a person not permitted to receive payments, loans, or delivery of money or other thing of value to a labor organization in payment of membership dues, to a joint labor-management trust fund, or to a plant, area, or industry-wide labor-management committee as an element of violations involving those transactions. Grants civil jurisdiction to U.S. district courts over suits brought by: (1) the United States alleging a violation involving those transactions; or (2) any person directly affected by violations of restrictions on financial transactions under such Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise prohibitions against persons guilty of criminal offenses holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases, from five years to ten years, the time during which a convicted individual is prohibited from holding such offices or positions, but permits a lesser period to be set by the sentencing court under specified circumstances. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Raises, from one year to five years, the maximum time of imprisonment for violations of such prohibitions. Provides that any salary payable but for such prohibitions shall be placed in escrow pending final disposition of any appeal. Sets forth the responsibility of the Secretary of Labor to detect and investigate violations of ERISA and other provisions for protecting employee benefit rights, without precluding such detection and investigation by other appropriate Federal agencies. Makes any conviction entered prior to the enactment of this Act effective on the date of such conviction if a right of appeal from such conviction is pending on the date of enactment of this Act.
United States · United States Congress · 1 February 1983
Fair Insurance Practices Act - 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. Specifies prohibited acts. Grants State and local authorities the primary authority to enforce any State or local laws prohibiting such discriminatory action. Allows an aggrieved individual to institute a civil suit in U.S. district court if the State authority fails to take diligent action on a complaint. Authorizes the U.S. Attorney General to bring a civil action in U.S. district court whenever the Attorney General has reasonable cause to believe that any person is engaged in a pattern or practice of such discrimination. Authorizes the court to provide judicial relief when a violation has occurred.
United States · United States Congress · 1 February 1983
Consumer Bankruptcy Improvements Act of 1933 - Amends the Bankruptcy Code to prohibit any individual who has been a debtor in a bankruptcy case pending at any time in the preceding 180 days from being a debtor if: (1) the case was dismissed for willful failure to abide by court orders; or (2) the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay. Requires the debtor, within 30 days of filing for bankruptcy under Chapter 7 (liquidation), to give each secured creditor and trustee a statement showing whether the debtor intends to retain or surrender the collateral, claim it as exempt, redeem it, or reaffirm debts secured by it. Sets a total exemption limit of $4,000 on personal and household items, of which each is valued at under $200. Requires debtors in a joint bankruptcy to choose either State or Federal exemptions. Makes nondischargeable any debts aggregating more than $500 incurred within 45 days of filing for bankruptcy. Declares that a debtor is able to repay a debt voluntarily. Prohibits private employers from terminating employees or discriminating against potential employees because of bankruptcy. Prohibits a trustee in bankruptcy from nullifying pre-petition payments made by a debtor to a creditor if the amount is: (1) less than $250 in a personal bankruptcy; or (2) less than $750 in a business bankruptcy. Prohibits approval of a repayment plan under Chapter 13 bankruptcies (repayment plan) if the holder of an allowed unsecured claim objects to the confirmation of the plan, unless: (1) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim; or (2) the plan provides that all of the debtor's projected disposable income for the three-year period beginning on the date that the first payment is due under the plan will be applied to make such payments. Defines the term 'disposable income' for the purposes of the repayment plan. Requires the debtor to begin making payments to the trustee within 30 days after filing a repayment plan (currently payments do not begin until the plan is confirmed). Requires the trustee to hold such payments until a plan is confirmed or denied. Permits the debtor, unsecured creditors, or the trustee to request a modification of the repayment plan if the debtor's disposable income has changed substantially.
United States · United States Congress · 31 January 1983
Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the performing arts from coverage under unfair labor practice provisions prohibiting specified contracts or agreements between employers and labor organizations and prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers, excluding employers in the broadcasting or motion picture industries, to: (1) agree with a labor organization to make membership in such organization a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if the majority status of the organization has not yet been established. Defines "employer" to include purchasers of musical performance services. Defines "employee" to include independent contractors engaged to perform musical services.
United States · United States Congress · 31 January 1983
Amends the Omnibus Budget Reconciliation Act of 1981 to increase for FY 1983 and 1984 the funding authorization for low-income home energy assistance grants to States.
United States · United States Congress · 27 January 1983
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 of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community, or for deportation or exclusion purposes. 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) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated; or (5) upon motion that a serious risk of flight or obstruction of justice exists. 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. Creates certain rebuttable presumptions with regard to absence of such conditions. 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. Directs the Attorney General to promulgate regulations governing custody of persons detained pending trial. 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 another person or property; and (2) the appeal raises a substantial question of law or fact. 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. 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.
United States · United States Congress · 27 January 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury, fear of injury or death results, or if a governmental or commercial recall occurs.
United States · United States Congress · 27 January 1983
Expresses the sense of Congress that: (1) Federal nutrition programs, including the food stamp, child nutrition, and elderly feeding programs, should be protected from budget cuts; (2) the WIC (supplemental food program for women, infants, and children) should continue to be fully funded; and (3) the Federal Government should maintain primary responsibility for nutrition programs.
United States · United States Congress · 26 January 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code to permit the continued issuance of mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 26 January 1983
Acid Deposition Control Act - Amends title I of the Clean Air Act (Air Pollution Prevention and Control) to establish a new program (Interstate Transport and Acid Precursor Reduction) to: (1) regulate the long-range transport of pollutants and their transformation products; and (2) reduce acid compounds, and their precursors, in the atmosphere. 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 of the Environmental Protection Agency 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 the increase of emissions of sulfur dioxide and of oxides of nitrogen from stationary sources in the acid deposition impact region over such total actual emissions there as of January 1, 1981. Prohibits any major stationary source in the region from significantly increasing such emissions, unless a not otherwise required net reduction of such regional pollution, in excess of the proposed increase, has been identified. Requires a ten-year phased reduction in annual emissions of sulfur dioxide in the region of 10,000,000 tons from the total 1980 level. Requires each State to achieve reductions in annual sulfur dioxide emissions according to a formula based on each State's share of utility emissions in the region. Permits State Governors to agree 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 to approve such measures within four months if specified criteria are met. Sets forth a uniform sulfur dioxide emission limit for fossil-fuel-burning electric generating facilities (which are major stationary sources not subject to new performance standards) in any State that has not adopted, or has not had approved, such enforcement measures by such deadlines. Requires that owners or operators of such sources: (1) submit an approvable reduction plan and schedule within three years of enactment of this Act; (2) comply with such plan and schedule; and (3) achieve the required emission reduction at the earliest practicable date, but no later than ten years after enactment of this Act. Specifies methods or programs for enforceable net emission reduction that may be used by a State or the owner or operator of a source. Permits a State or owner or operator to substitute reduction in emissions of oxides of nitrogen for required sulfur dioxide emissions reductions, at a specified rate. Adds to State implementation plan requirements a prohibition of stationary source air pollutant emissions in amounts that will contribute to atmospheric loadings of pollutants or their transformation products so as to adversely affect public health or welfare or the environment in any other State or foreign country.
United States · United States Congress · 26 January 1983
Record Rental Amendment of 1983 - Prohibits the owner of a particular phonorecord of a sound recording from renting, leasing, or lending such recording for commercial advantage unless authorized to do so by the copyright owner.
United States · United States Congress · 26 January 1983
Longshoremen's and Harbor Workers' Compensation Act Amendments of 1983 - Amends the Longshoremen's and Harbor Workers' Compensation Act (the Act) to revise the definition of "employee" to exclude persons who at the time of injury were: (1) engaged by specified employers; (2) employees exclusively performing office clerical, secretarial, security, or data processing work; (3) club, camp, restaurant, museum, retail outlet, and marina personnel; (4) personnel of suppliers, transporters, or vendors temporarily doing business on the premises of specified employers; (5) aquaculture workers; (6) engaged in operating an independently or cooperatively owned grain elevator and not engaged in loading or unloading a vessel; or (7) employed to build or repair any recreational vessel under 65 feet long. (Retains the current exclusion from coverage of a master or member of a crew of any vessel or any person engaged by the master to load or unload or repair any small vessel under 18 tons net.) Excludes such employees only if they are subject to coverage under a State workers' compensation law. Revises the definition of "employer" to exclude: (1) clubs, camps, restaurants, museums, retail outlets, or marinas; (2) aquaculture farms; (3) operations of employers which do not receive Federal maritime subsidies and which involve building, repairing, or dismantling certain types of commercial barges, small vessels, or recreational vessels. Revises the definition of "wages" to exclude fringe benefits. Makes conforming amendments. Provides that recoveries under other workers' compensation laws or under specified Federal law relating to recovery for injury to or death of seamen shall be credited against any liability imposed by the Act. Provides that liability under the Act shall be exclusive and in place of all other liability, including any liability imposed by or arising out of such other laws. Provides that no person covered under the Act who is employed to provide shipbuilding, repairing, or breaking services may bring a negligence action against the employer in any capacity including as the vessel's owner, owner for this occasion, agent, operator, or charterer or against the employees of the employer. Permits employers engaged in operations on the Outer Continental Shelf to enter into valid indemnity agreements with third parties engaged in those same operations. Provides that compensation for disability or death shall not exceed 200 percent of the applicable national average weekly wage. Authorizes the Secretary of Labor to order a change of physicians or hospitals where the charges exceed those prevailing within the community for similar services. Directs the Secretary to identify those physicians ineligible to provide care and receive payments under the Act. Revises provisions for employee recovery of expenditures for medical or other treatment or services. Requires the treating physician to furnish to the employer and the appropriate deputy commissioner an injury and treatment report within 21 days of first treatment. Authorizes an administrative law judge (as well as the Secretary) to suspend payment of compensation benefits to employees who unreasonably refuse to accept medical or surgical treatment or to submit to an examination by a consulting physician selected by the employer. Sets forth provisions relating to the barring of certain providers of services, appliances, or supplies under this Act. Allows an injured or disabled employee to obtain treatment by prayer or spiritual means alone by an accredited practitioner of, and in accordance with the tenets of, a recognized church or religious denomination. Prohibits such an employee from losing any benefits under this Act because of such treatment. Requires such employee to take all required physical examinations. Provides that an employee shall not be considered to have unreasonably refused medical treatment or vocational rehabilitation if such refusal is in adherence to the tenets of a recognized church or religious denomination. Requires that compensation paid to the injured employee under the Act be reduced by 50 percent of the amount of old age insurance benefits to which the employee is entitled under title II of the Social Security Act. Makes an employer liable to the employee only for loss of hearing attributable to employment by that employer. Makes an audiogram conclusive evidence of the amount of hearing loss sustained. Directs the Secretary to promulgate regulations defining "loss of hearing" in accordance with American Medical Association guidelines. Increases the maximum amount awardable for serious disfigurement from $3,500 to $7,500. Repeals provisions for reconsideration of the degree of impairment by the deputy commissioner, for purposes of compensation of permanent partial disability. Repeals provisions for death benefits for survivors of employees receiving compensation for permanent partial disability who die from causes other than the compensable injury. Lengthens the minimum period of the employer's payment responsibility from 104 weeks to 208 weeks. Requires that any request for second injury Fund apportionment be presented to the deputy commissioner and the Conservator prior to consideration by an administrative law judge. Repeals provisions for additional compensation for maintenance during vocational rehabilitation. Provides that employees in vocational rehabilitation shall receive continued temporary total or partial compensation, but prohibits entering an award for permanent disability until vocational rehabilitation has been determined unnecessary or has been completed. Makes an employee ineligible for compensation if the employee unreasonably refuses to undergo vocational rehabilitation or to participate in a reasonable plan offered and financed by the employer to return the injured employee to work. Repeals provisions which include consideration of the effect of disability as it may naturally extend into the future for purposes of determining the wage-earning capacity of an injured employee. Directs the deputy commissioner or administrative law judge to approve a settlement agreement within 30 days, unless it is found inadequate or procured under duress. Directs the deputy commissioner to issue a written statement within 30 days containing reasons for disapproval of any application for a settlement. Permits any party to the settlement to request a hearing before an administrative law judge to appeal such disapproval. Provides that approved settlements: (1) shall discharge the liability of the employer, carrier, or both; (2) may include future medical benefits; and (3) may be agreed upon at any stage of the proceeding including after entry of a final compensation order. Authorizes employers to notify claimants of their obligation to report their earnings. Provides that employees forfeit their right to compensation if the deputy commissioner determines that they have failed to report or have omitted or understated earnings. Repeals provisions for compensation for any death resulting from causes other than compensable injury. Increases the maximum funeral expense reimbursement from $1,000 to $3,000. Revises provisions for computation of death benefits. Limits to five percent per year annual increases in amounts payable as adjustments for permanent total disability and death caused by a compensable injury. Revises provisions for notice of injury or death. Requires such notice within 30 days after the employee or beneficiary is aware, or by reason of medical advice should have been aware, of the relationship between the injury or death and the employment. Requires employers to designate those agents or other responsible officials to receive such notice and to notify their employees of such designation in a manner prescribed by the Secretary in regulations. Makes conforming amendments. Repeals provisions authorizing the discharge of all or part of the employer's liability for compensation by payment of a lump-sum computed at a four percent discount rate. Revises provisions relating to presumptions in proceedings under the Act. Permits temporary expansion of the Benefits Review Board. Removes time limitations on requests for modification of awards and review of compensation cases. Provides that a claim for legal services or for any other services relating to a claim for or award of compensation under the Act is not valid unless approved by the deputy commissioner, an administrative law judge, the Benefits Review Board, or a court which is reviewing an order of an administrative law judge. Revises provisions for penalties for unapproved receipt of consideration or solicitation of employment with respect to claims or awards under the Act. Requires employers to report only those injuries which would cause loss of one or more shifts of work, but to keep a record of each and every injury. Requires that failure or refusal to send a required report by any employer, insurance carrier, or self-insured employer be willful before civil penalties may be imposed. Raises the maximum limit on such penalties from $500 to $25,000 for each such failure or refusal. Increases the criminal penalties for willful false statements or representations to obtain benefits or payments. Makes such false statements or representations felonies punishable by up to a $25,000 fine and/or up to three years imprisonment. Removes such penalties for misleading statements or representations. Directs the U.S. attorney for the district in which the injury is alleged to have occurred to make every reasonable effort to promptly investigate each complaint of such false statements or representations. Lists those persons who may or may not prosecute or defend claims under this Act. Makes false statements or representations for the purpose of denying or terminating benefits to an injured employee or the dead employee's dependents punishable by a fine of up to $25,000 and/or up to three years imprisonment. Authorizes the Secretary to take into account the employer's financial condition and previous record of payments and other relevant factors in establishing collateral requirements for employers seeking authorization to make direct payment of compensation. Revises provisions for compensation for injuries where third parties are liable. Defines "award" with respect to such compensation orders as a formal award issued by the deputy commissioner, an administrative law judge, or the Benefits Review Board. Provides that the right to bring an action against the third person shall revert to the person entitled to the compensation if the employer fails to commence such action within a reasonable time after the cause of action is assigned. Establishes procedures for the distribution of proceeds from third-party actions brought by persons entitled to compensation or other benefits. Provides that all amounts paid and determined payable by the employer shall be a first lien on any proceeds obtained by judgment or settlement. Requires that all rights to compensation or medical benefits be terminated if a third-party action is settled without the employer's formal written approval. Provides that all payments made by a special fund to or on behalf of a person entitled to compensation or other benefits shall be a lien on the proceeds of any third-party action subordinate only to the lien of the employer or carrier. Directs the Secretary to report to Congress, at the beginning of each regular session, on the administration of the Act for the preceding fiscal year. Establishes the Special Fund Conservation Committee. Directs the Committee to appoint a Fund Conservator. Authorizes the Conservator to participate as fully as any other party in all proceedings involving claims to any amounts from the special fund. Provides that all administrative expenses incurred by the Committee and the Conservator shall be paid from the special fund. Repeals outdated provisions of the Act. Declares that the discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of prohibitions against discrimination against employees who bring proceedings under the Act. Raises the minimum penalty for a violation of such prohibitions from $100 to $1,000, and the maximum penalty from $1,000 to $5,000. Sets forth the effective date for specified provisions of this Act. Provides that amendments made by this Act relating to the modification of awards shall not apply to compensation payments under the Black Lung Benefits Act.
United States · United States Congress · 26 January 1983
Justice Assistance Act of 1983 - Title I: Amendments to Omnibus Crime Control and Safe Streets Act of 1968 - 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. Title II: Emergency Federal Law Enforcement Assistance - 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.
United States · United States Congress · 26 January 1983
Home Recording Act of 1983 - Amends the copyright law to exempt from liability for infringement of copyright any individual who makes a single video recording of a motion picture or other audiovisual work, or a single audio recording of a musical work or sound recording, in his or her private home solely for private household use. Requires the compulsory licensing of manufacturers and importers of video and audio recording devices and media. Sets forth procedures for: (1) determining royalty fees to be paid by such manufacturers and importers; and (2) distributing such fees to the owners of copyright of audiovisual works included in television transmissions and musical works and sound recordings included in radio or television transmissions or distributed in the form of phonorecords. Provides for the determination of royalty fees by: (1) voluntary negotiation between importers and manufacturers and representatives of copyright owners; or (2) compulsory arbitration when a voluntary agreement is not reached. Specifies criteria to be considered by an arbitration board in determining royalty fees. Authorizes the Register of Copyrights to confirm fees determined under arbitration or, under specified circumstances, to deny such fees and initiate new arbitration proceedings. Provides for the judicial review of the Register's decision. Requires royalty fees to be redetermined every three years. Sets forth penalties for violations of the requirements of this Act.
United States · United States Congress · 26 January 1983
Consumer Video Sales/Rental Amendment of 1983 - Prohibits the owner of a particular copy of a motion picture or other audiovisual work from renting, leasing, or lending such copy for commercial advantage unless authorized to do so by the copyright owner.
United States · United States Congress · 26 January 1983
Establishes the Presidential Commission on the Bicentennial of the United States Constitution. Requires the Commission to: (1) plan and develop appropriate activities to commemorate the bicentennial of the Constitution; (2) encourage private organizations, and State and local governments to organize and participate in bicentennial activities; (3) coordinate activities throughout all the States; and (4) serve as a clearinghouse for the collection and dissemination of bicentennial information. Directs the Commission to seek assistance from private and governmental agencies and organizations. Requires the Commission to submit a report of its recommendations to the President, Congress and the Judicial Conference within two years of enactment of this Act and annually until its termination. Terminates the Commission on December 31, 1989. Authorizes appropriations for FY 1983 and such sums as necessary through FY 1989.
United States · United States Congress · 26 January 1983
American Conservation Corps Act of 1983 - Directs the Secretary of the Interior, in cooperation with the Secretary of Agriculture, to establish and administer a public lands conservation, rehabilitation, and improvement program called the American Conservation Corps. Requires the Secretary to provide assistance to program agencies (any Federal or State agency responsible for the management of public lands) to establish and operate residential and nonresidential conservation centers to implement program projects. Describes the types of projects which will receive program preference. Limits program projects to those on public lands or Indian lands, except where projects on nonpublic lands provide documented public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Makes persons eligible for enrollment and employment in the program if they are: (1) unemployed; (2) between the ages of 16 and 25 years; and (3) citizens, lawful permanent residents, or lawfully admitted alien parolees or refugees. Provides that in the selection of enrollees for the program, preference shall be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. Authorizes the Secretary to award grants to, or enter into agreements with, program agencies for the funding and operation of conservation centers. Authorizes appropriations for FY 1983 through 1989. Requires that such appropriations come from specified Treasury receipts. States that program enrollees shall not be deemed Federal employees, except for certain purposes. Directs the Secretary to establish pay rates and to coordinate the program with related Federal, State, local, and private activities. Directs the Secretary to submit a report to Congress, within one year of enactment of this Act, on the feasibility of allowing enrollees who have completed two years in the program an exemption from training and service under the Military Selective Service Act. Directs the Secretary to make arrangements with educational institutions to award academic credit to enrollees for competencies developed under this Act. Authorizes program agencies to make arrangements with such institutions for academic study by enrollees during nonworking hours. Requires program agencies to provide certification of skills acquired by program participants and to provide job guidance and placement information as necessary. Directs the Secretary to submit an annual report to the President and Congress detailing the activities carried out under this Act. Entitles to an appeal to the Merit Systems Protection Board any Federal employee displaced rightly or wrongly by activities under this Act. Grants similar appeal rights to the employees of any contract grantee similarly displaced.
United States · United States Congress · 26 January 1983
Social Security Amendments of 1983 - Title I: Changes in Coverage - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to provide mandatory coverage under the Old Age, Survivors and Disability Insurance program as of January 1, 1984, for new Federal employees, members of Congress, the President, the Vice President, and employees of nonprofit organizations. Prohibits the termination of State coverage agreements (under which State and local government employees may be covered under title II) on or after the enactment of this Act. Makes such prohibition applicable to any agreements in effect on the date of the enactment of this Act, notwithstanding pending termination notices. (Currently, coverage under such an agreement may be terminated if the State gives two years' written notice of such intent, following at least five years of coverage of the State or local group involved.) Title II: Changes in Benefits - Provides that the automatic cost of living adjustment in OASDI benefits shall be provided on a calendar year basis beginning in 1984. Provides that OASDI beneficiaries who become eligible for a pension based on non-covered employment after 1983 shall have their old-age or disability (but not survivors) benefits reduced. Prohibits the reduction of an individual's primary insurance amount below the minimum primary insurance amount under current law. Permits the continued payment of OASDI benefits to: (1) surviving divorced spouses who remarry after age 60; (2) disabled widows and disabled widowers who remarry after age 50; and (3) diabled surviving divorced wives who remarry after age 50. Provides that in the case of deferred survivor benefits, the primary insurance amount of the deceased individual shall be determined, for benefit computation purposes, as if the deceased individual died in the year in which the beneficiary first became eligible for such benefits or in the year in which the deceased individual would have reached age 60, whichever is earlier. Makes wife's insurance benefits payable to divorced wives at age 62 in the case of wives who have been divorced for at least two years if the former husband is eligible for retirement benefits (regardless of whether such benefits have been applied for). Provides that the amount of the benefit for such a divorced wife shall be determined without regard to reductions which may be made because of the former husband's excess earnings. Increases the benefit amount for disabled widows and widowers to 71.5 percent of the primary insurance amount. Provides for a decrease in the cost of living adjustments to OASDI benefits, beginning in 1988, whenever the reserves in the Federal Old-Age and Survivors Insurance Trust Fund and in the Federal Disability Insurance Trust Fund fall below a certain amount, calculated as of January 1 of each year. Requires the payment of additional benefits to beneficiaries when the reserves in the trust funds have increased above a certain amount. Provides for a gradual increase in the delayed retirement credit received by workers who delay retirement beyond age 65. Makes the increase in such credit effective for workers who reach age 65 in 1990 and thereafter. Title III: Revenue Provisions - Amends the Internal Revenue Code to include one-half of an individual's OASDI benefits in adjusted gross income if the individual's other adjusted gross income exceeds: (1) $20,000 in the case of a single taxpayer or married taxpayer filing separately; (2) $25,000 in the case of a joint return; and (3) zero in the case of a married taxpayer who does not file a joint return and who does not live apart from his or her spouse at all times during the taxable year. Requires the Secretary of Health and Human Services to file information returns indicating: (1) the aggregate amount of beneifts paid to any individual during a calendar year; and (2) such individual's name and address. Requires that such information be furnished to the individuals named in the returns. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and to the Federal Disability Insurance Trust Fund the revenues generated under this title for each fiscal year, beginning in FY 1984. Revises the OASDI tax rates on employees and employers so as to: (1) increase the tax rate for 1984; (2) keep the current tax rate for 1985 through 1987; and (3) increase the tax rate for 1988-1989. Allows a refundable tax credit for employees for OASDI tax increases attributable to this title for calendar year 1984. Requires employers to make advance payments of such tax credit to their employees. Increases the OASDI tax rate on self-employment income for taxable years 1984 through 1990. Allows self-employed individuals an income tax deduction of 50 percent of the OASDI taxes paid on self-employment income, beginning in 1984. Includes in taxable wages for purposes of OASDI and hospital insurance taxes those salary reductions made under qualified cash or deferred arrangement plans of employers. Title IV: Miscellaneous Financing Provisions - Amends title II of the Social Security Act to revise the allocations of wages and self-employment income from the Treasury to the Federal Disability Insurance Trust Fund beginning in 1984. Extends until January 1988 the authority for borrowing among the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund whenever the Managing Trustee of the trust funds determines that additional funds are needed to pay benefits from one of the funds. (Currently, interfund borrowing is authorized through December 31, 1982.) Requires the Secretary of the Treasury to credit the appropriate title II trust fund with the amount of all social security benefit checks issued under title II which have not been negotiated within 12 months after issuance. Authorizes appropriations to reimburse the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for the total amount of unnegotiated benefit checks as of the enactment of this Act. Provides for a transfer, within 30 days after enactment of this Act, to each of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund of amounts equal to: (1) the estimated cost of providing future benefits based on pre-1957 military wage credits; and (2) the taxes plus interest that would have been collected if credits for military service after 1956 had been taxed as they were earned (less any reimbursements already received). Amends title II and title XVIII (Medicare) of the Social Security Act to establish the following accounts in the Treasury: (1) the Old-Age and Survivors Insurance Depositary Account; (2) the Disability Insurance Depositary Account; and (3) the Hospital Insurance Depositary Account. Requires the Managing Trustee of the social security trust funds to deposit the portions of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund that are not required to meet current withdrawals from such funds into the corresponding depositary accounts so established. Revises investment requirements with respect to trust fund assets deposited in such accounts. Requires the addition of two members of the public from different political parties to the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund.
United States · United States Congress · 26 January 1983
Emergency Agricultural Credit Act of 1983 - Amends the Consolidated Farm and Rural Development Act to permit family farmers to request economic hardship loan repayment and foreclosure deferrals through FY 1983. Provides for loan consolidation and rescheduling at the end of such deferral period. Directs the Secretary of Agriculture to provide notification to Farmers Home Administration (FmHA) borrowers regarding such deferral and rescheduling programs. Prohibits deferred or rescheduled loan interest rates from exceeding original rates. Raises limits on individual aggregate guaranteed and insured operating loans. Authorizes specified amounts for FY 1983 operating loans. Sets aside a specified portion for new borrowers. Requires that at least 20 percent of FY 1983 farm ownership and operating loans be for limited-resource farmers. Requires the Secretary to notify all farmers about such program. Amends the Emergency Agricultural Credit Adjustment Act of 1978 to require the Secretary to make economic emergency loans (currently the Secretary is authorized to make such loans, but not required). Authorizes additional amounts in loan guarantees for such program.
United States · United States Congress · 26 January 1983
Child-Care Assistance Act of 1983 - Declares the purposes of this Act to be to: (1) provide assistance to the States in improving the quality and coordination child-care programs and provide additional resources for child-care services; (2) provide mechanisms to assess the national need for child-care services; (3) promote coordination at all governmental levels of child-care programs and other services for children and families; (4) promote the availability and diversity of quality child-care services for all who need such services; (5) provide assistance to families to pay for such services; and (6) assure that a child is not placed, for lack of available programs or financial resources, in an undesirable facility. States that nothing in the Act shall be construed to authorize interference with parental authority. Requires States to submit a plan to the Secretary of Health and Human Services in order to participate in a program authorized under this Act. Requires such State plan to include provisions regarding: (1) the designation of a responsible State agency; (2) distribution of funds, with priority to be given to child-care providers with priority for services on the basis of family need; (3) the establishment of fee schedules for services based on family need and size; (4) information and referral services; (5) child-care personnel training; (6) licensing of child-care providers; (7) parental involvement in the planning and evaluating of child-care programs; (8) maximum allowable administrative costs; (9) the establishment of a State Advisory Panel on child-care matters; and (10) hearings on adverse decisions of the State agency or any funded program. Directs the Secretary to approve any plan complying with the requirements of this Act. States that the Secretary must first provide notice and a hearing before disapproving any State plan. Directs the Secretary to designate, within the Department of Health and Human Services, an administrative unit and an individual in charge of such unit to carry out the provisions of this Act and to coordinate other child-care activities within such Department. Provides for the establishment, within the Office of the Secretary, of a National Advisory Panel on Child Care Needs and Services. Directs the Secretary, with the assistance of the National Advisory Panel, to develop standards for programs under this Act. Authorizes the Secretary to make grants and to enter into contracts for demonstration child-care projects. Directs participating States to submit a report to the Secretary outlining the current status of child-care licensing within the State. Directs the Secretary to develop a Model State Licensing of Child Care Providers Act as a guide. Authorizes the Secretary to provide training and technical assistance to the States. Limits allotments of funds appropriated under this Act to not more than one percent for Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Establishes an allotment priority system for the States based on the number of children living in homes in which: (1) both parents are employed; or (2) the child resides with only one parent and that parent is employed. Authorizes the Secretary, after reasonable notice and opportunity for hearing, to withhold payments to any State where there has been a substantial failure to comply with requirements of such State's plan or other applicable provisions under this Act. Directs the Secretary to: (1) review and evaluate programs carried out under this Act; and (2) submit a report on national child-care needs to the President and the Congress not later than four years after enactment of this Act. Authorizes appropriations for FY 1984 through 1988.
United States · United States Congress · 26 January 1983
Amends the Federal Property and Administrative Services Act of 1949 to require the Administrator of General Services to notify each State whenever surplus Federal real property within the State is available for disposition. Requires the Administrator to convey such property at reduced cost to a State or local government if such government, within a specified period, submits to the Administrator a State-approved plan for the use of such property for public park or public recreational purposes. Prohibits the approval or submission of a plan until the public is provided an opportunity to submit comments.
United States · United States Congress · 26 January 1983
Amends title VI (also known as the Federal Supplemental Compensation Act of 1982) of the Tax Equity and Fiscal Responsibility Act of 1982 to extend the Federal supplemental unemployment compensation program through weeks beginning on or before September 30, 1983.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 26 January 1983
States that the United States and the Soviet Union should: (1) pursue a complete halt to the nuclear arms race; (2) decide when and how to achieve a mutual and verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) give special attention to destabilizing weapons; and (4) proceeding from this freeze, pursue major, mutual, and verifiable reductions in nuclear warheads, missiles, and other delivery systems.
![Official portrait of Sen. Kennedy, Edward M. [D-MA]](https://www.congress.gov/img/member/k000105_200.jpg)