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
Amends the Federal criminal code to establish penalties for taking or attempting to take property by force, violence, or intimidation from either a pharmacy or a person registered with the Drug Enforcement Administration. Increases the penalties if any person's life is endangered by use of a dangerous weapon or if any person is assaulted or killed during the commission of such offense. Directs the Attorney General to report to Congress on the enforcement of this Act.
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
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
Expresses the sense of the Senate that the President should propose to the Soviet Union immediate adherence by both countries to the principle of a guaranteed strategic build-down of nuclear forces, subject to agreed upon procedures of verification and compliance.
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
National Science and Mathematics Teachers Development Act - Establishes the National Science and Mathematics Teachers Development Board in the Department of Education. Requires that the functions of the Secretary of Education under this Act be carried out through the Board. Directs the Secretary to make grants to institutions of higher education for continuing education programs designed to improve the skills and competence of secondary school teachers of science and mathematics. Authorizes appropriations for FY 1985 to carry out this Act. Authorizes appropriations for related administrative expenses. Sets forth application requirements for program participation by institutions of higher education. Directs the Secretary to establish criteria to achieve equitable distribution of assistance under this Act among the States and areas within each State. Limits the amount of any grant under this Act to a single institution of higher education to $200,000. Authorizes the Secretary to make supplementary matching grants to institutions of higher education under specified conditions. Limits each such grant to $250,000. Sets forth provisions for payments to institutions of higher education under this Act. Directs the Secretary to report to the Congress by December 31, 1985, on expenditures under this Act, Board activities, and types of grants made, with recommendations for further legislation to develop adequate science and mathematics teacher training.
United States · United States Congress · 2 February 1983
State Justice Institute Act of 1982 - Establishes the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Permits the Institute to be incorporated in any State or the District of Columbia. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems. Prescribes uses and limitations on uses of grant and contract funds. Specifies restrictions on activities of the Institute. Proscribes the use of any Institute resources for any political activity, except ballot measures dealing with improvement of the State judiciary. Authorizes appropriations for FY 1984 through 1986.
United States · United States Congress · 1 February 1983
Includes certain services performed by a named individual for Pacific Stars and Stripes in the years of creditable service for purposes of determining such individual's eligibility for a Federal retirement annuity.
United States · United States Congress · 1 February 1983
Directs the Secretary of the Treasury to pay a specified sum to a named individual in full satisfaction of a claim against the United States arising from the wrongful termination of his employment by the Government.
United States · United States Congress · 1 February 1983
Confers jurisdiction upon the U.S. District Court for the District of Hawaii to hear, determine, and render judgment on any claims of two named individuals against the United States arising out of injuries allegedly suffered as a result of improper diagnosis or medical treatment by the U.S. Navy.
United States · United States Congress · 1 February 1983
Directs the Secretary of the Treasury to pay specified sums to two named individuals in full satisfaction of claims against the United States for injuries sustained as a result of an incompatible blood transfusion in a military hospital and for loss of society, companionship, and consortium.
United States · United States Congress · 1 February 1983
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act. Authorizes the granting of visas and admission to the United States for permanent residence to four named individuals.
United States · United States Congress · 1 February 1983
Declares three named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
United States · United States Congress · 31 January 1983
Authorizes the Secretary of the Interior to acquire the former home of Harry S. Truman in Missouri in order to establish the Harry S. Truman National Historic Site. Authorizes the Secretary to make certain parts of such site available for the use of Margaret Truman Daniel. Authorizes appropriations.
United States · United States Congress · 27 January 1983
Interstate Compact - Grants congressional approval to the Northwest Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 27 January 1983
Amends the Small Business Act to eliminate from the exceptions to the requirement that notice of Government procurement actions be published in the Commerce Business Daily those procurement actions which: (1) involve perishable subsistence supplies; (2) are of such emergency that the Government would be seriously injured if bids were made more than 15 days after the invitation to bid was issued; (3) are made by an order placed under an existing contract; (4) are for personal or professional services; or (5) are for services from educational institutions. Prohibits procuring activities, when required to publish notice of procurement actions, from: (1) issuing a solicitation for a procurement action until 15 days after publication of such a notice; (2) foreclosing competition under a procurement order until 30 days after the issuance of the solicitation or, in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, after publication of intent to place the order; or (3) commencing negotiations for the award of a sole source contract until 30 days after the publication of a notice of intent to contract. Exempts from compliance with such time periods procurement actions which: (1) are made by an order placed under an existing contract; (2) are of such emergency that the Government would be seriously injured if such time periods were complied with; or (3) involve perishable subsistence supplies. Prohibits a procuring activity from entering into negotiations for the award of a sole source contract for more than $100,000 unless: (1) the head of the activity has approved the proposal for such negotiation; and (2) the activity has considered all responses to the notice of the procurement action. Provides for the application of this Act to the Tennessee Valley Authority only to the extent it deems practicable.
United States · United States Congress · 27 January 1983
Minority Small Business Pilot Procurement Act of 1983 - Amends the Small Business Act to authorize the President to designate, within 60 days of the enactment of this Act, the agency (other than the Department of Defense) with which a Government procurement contract shall be made by the Small Business Administration (SBA) under the provisions pursuant to which contracts are performed through subcontracts with socially and economically disadvantaged small businesses. Prohibits the SBA from entering into such a contract after the 18-month period following the enactment of this Act. (Under current law, such contracts must have been entered on or before September 30, 1981.)
United States · United States Congress · 27 January 1983
Amends the Internal Revenue Code to exclude from the gross income of an employee amounts paid by an employer to such employee's spouse or dependents under a qualified educational assistance program. Repeals provisions which prohibited employers from offering other benefits as an alternative to educational assistance. Allows the exclusion of meals, lodging, and travel provided as part of an educational assistance program. Repeals the termination date for the educational assistance exclusion.
United States · United States Congress · 27 January 1983
Directs the Secretary of Energy to determine whether the construction of a proposed interstate coal pipeline distribution system would be in the national interest. Directs the Secretary in making such determination to make findings concerning the extent to which the proposed distribution system: (1) would help meet national needs for coal distribution and utilizaton; (2) would enhance competition and provide new market outlets and opportunities for coal producers; (3) would contribute to national security; (4) would result in economic benefits; and (5) would affect the environment. Requires the Secretary before making such findings to provide an opportunity for written comment from any State in which a proposed system would be located or which would otherwise be affected by a system. Directs the Attorney General to conduct an antitrust review to determine the likely effects upon competition of approval of the application. Declares that no application may be determined to be in the national interest if inconsistent with the antitrust laws. Authorizes any individual proposing to build an interstate coal pipeline distribution system which has been determined to be in the national interest to acquire rights-of-way on private land by the power of eminent domain. Prohibits acquiring a right-of-way on any land: (1) which is part of an historic site; or (2) designated as a wilderness or wildlife refuge. Permits an applicant to amend an application to request a right-of-way over an alternate route. Authorizes the Secretary to require the relocation of any right-of-way upon a showing that: (1) the relocation is necessary to enable the United States to fully realize the value of its mineral interest; (2) an alternate route is available; and (3) the relocation would not result in unreasonable expense. Requires each application to list each instance where the proposed right-of-way crosses lands containing coal in which the United States has a mineral interest regarding the coal. Directs the Secretary of the Interior to evaluate the effects of approval of the application on the ability of the United States to realize the value of the mineral interest as a result of the application's approval. Directs the Secretary of the Interior to determine: (1) the terms and conditions necessary to minimize the impact of a right-of-way on the establishment of logical mining units; and (2) the extent to which alternate routes are available which would minimize the impact of granting the right-of-way on the ability of the Federal Government to realize the value of Federal coal. Directs the Secretary of the Interior to establish the fair market value of the Federal coal precluded from being recovered as a result of the proposed right-of-way. Prohibits the United States or its agents or any interstate coal pipeline distribution system from reserving, purchasing, using, diverting, or claiming water within any State for an interstate coal pipeline distribution system unless pursuant to and in compliance with applicable substantive and procedural State law. Declares that the establishment and exercise of terms or conditions for water use for any interstate coal pipeline distribution system shall be determined pursuant to the law of the State granting the permit or authorization. Provides that this Act shall not preempt any provision of State law or of an interstate compact governing the use of water. Prohibits any interstate pipeline from using water to which a Federal right can be asserted, unless the use is authorized pursuant to State law. Requires all articles, materials, and supplies used in the construction and maintenance of an interstate coal pipeline distribution system determined to be in the national interest to have been manufactured in the United States substantially from United States materials and supplies. Authorizes exemptions from such requirement. Declares that nothing in this Act shall: (1) alter or in any way preempt the applicability of any State or local law unless such law would have the effect of prohibiting the location, construction, operation, or maintenance of an interstate coal pipeline distribution system; (2) be construed to require any forms of automatic pass through of, or preempt the ratemaking authority of any State utility or the Federal Energy Regulatory Commission with respect to, pipeline related costs; or (3) be construed to authorize the further regulation of interstate common carriers.
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
Directs the Administrator of the Federal Aviation Administration (FAA) to report to Congress in regard to the adequacy of certain airline industry practices and FAA rules and regulations concerning air quality aboard aircraft. Authorizes appropriations.
United States · United States Congress · 26 January 1983
Authorizes the Administrator of Veterans Affairs to provide special incentive pay for dentists in the Department of Medicine and Surgery with board certification in a specialty.
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
Permits the Administrator of Veterans Affairs to pay incentive special pay to any psychologist who agrees to complete a specified period of service in the Department of Medicine and Surgery and who obtains: (1) a diploma as a Diplomate in Clinical Psychology or as a Diplomate in Counseling Psychology by the American Board of Professional Psychology; or (2) an additional advanced academic degree, such as a masters in public health (MPH), deemed in the best interest of the Veterans Administration.
United States · United States Congress · 26 January 1983
Authorizes Federal employee health benefit plans to provide community mental health center services benefits. Entitles enrollees in plans that provide such benefits to: (1) unrestricted selection of, and access to, a community mental health center; and (2) direct reimbursement for center services.
United States · United States Congress · 26 January 1983
Authorizes Federal employee health benefit plans to provide mental health benefits. Entitles enrollees in plans that provide such benefits to: (1) unrestricted selection of, and access to, a mental health specialist; and (2) direct reimbursement for the specialist's services.
United States · United States Congress · 26 January 1983
Amends the Controlled Substances Act to direct the Secretary of Health and Human Services to establish a temporary heroin program under which confiscated heroin shall be made available to hospitalized cancer patients for the relief of pain. Sets forth application requirements for qualified hospitals designed to protect against the illicit diversion of distributed heroin. Authorizes the Secretary to import opium to manufacture heroin if amounts confiscated are insufficient to meet hospital needs. Requires the Secretary to report to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources within specified time periods. Requires the Director of the National Cancer Institute to secure an exemption from the Federal Food, Drug, and Cosmetic Act for heroin to be used in certain Institute investigations.
United States · United States Congress · 26 January 1983
Labor Gateway City Act of 1983 - Directs the Secretary of Labor to: (1) conduct a study, in consultation with the Commissioner of Immigration and Naturalization and concerned city officials and individuals, to assess Department of Labor efforts in response to the unique employment needs in areas of high immigrant concentration; and (2) report to the Congress within one year.
United States · United States Congress · 26 January 1983
Health Care Protection Act of 1983 - Authorizes each State to establish a program for compensation and reduction of health care malpractice. Authorizes the Attorney General to promulgate regulations to carry out the purposes of this Act. Authorizes each State to establish malpractice screening panels with original and exclusive jurisdiction to hear all claims of health care malpractice by State certified or licensed health care personnel. Directs each State to publish a list of licensed health care professions. Sets forth the procedural rules governing the handling of such claims. Requires layperson representation on such panels. Requires panel decisions to be made within 30 days after a hearing. Requires such a panel to determine the amount of malpractice damages owed under State law and to enter an order to pay an award in that amount. Authorizes a State to provide judicial enforcement of an award that is not paid promptly. Prohibits review of a panel decision except for review of allegations of conflict of interest or fraud. Requires that any party to a claim decided by a panel be entitled to trial de novo on such claim in State court. Specifies damage award payment methods. Requires that a panel or court report any findings of health care malpractice or notice of a settlement agreement to the State insurance commissioner and the appropriate State licensing or certification board. Directs the State insurance commissioner to make such reports available to the public and to insurance carriers, who shall be authorized to adjust the rates of involved health care personnel. Limits contingent fees. Subjects an attorney who accepts a fee in excess of such limits to civil liability. Encourages a State to develop a program requiring specified health care institutions to employ a risk management program for the reporting and investigation of all known or suspected incidents of malpractice and the identification of preventive measures to reduce the risk of such incidents. Directs the Governor of a State to certify the State's program and the Attorney General to approve such certification if such program is in compliance with this Act. Directs the Attorney General to make specified payments to a State with a certified program for: (1) program development; and (2) malpractice screening panels. Directs the Governors to report to the Attorney General on the State's use of such payments. Reallocates funds paid to a State which does not have a program in compliance with this Act to those States which the Attorney General determines are most in need of additional funds. Authorizes appropriations beginning in FY 1984.
United States · United States Congress · 26 January 1983
Amends the Drug Abuse Prevention, Treatment, and Rehabilitation Act to establish the position of Associate Director for Minority Concerns within the National Institute on Drug Abuse. Requires the Associate Director to develop policies and programs to assure increased emphasis on the drug abuse and drug abuse-related needs of minority populations.
![Official portrait of Sen. Matsunaga, Spark M. [D-HI]](https://www.congress.gov/img/member/m000250_200.jpg)