A joint resolution to designate November 1983 as "National Diabetes Month".
United States · United States Congress · 23 June 1983
Designates November 1983 as National Diabetes Month.
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United States · United States Congress · 23 June 1983
Designates November 1983 as National Diabetes Month.
United States · United States Congress · 20 June 1983
Mashantucket Pequot Indian Claims Settlement Act - Establishes the Mashantucket Pequot Settlement Fund (the Fund) in the Treasury and directs the Secretary of the Interior to act as trustee for the benefit of the Mashantucket Pequot Tribe (the Tribe). Directs the Secretary to spend, upon the Tribe's request, the principal and income accruing to the Fund. Specifies the amounts available to the Secretary for acquisition of private settlement lands. Directs the Tribe to submit economic development plans subject to the Secretary's approval, and establishes guidelines for the disbursement of trust funds under such plans. Establishes guidelines reducing the Government's trust responsibility to the Tribe as the Fund is disbursed. Specifies lands to be held by the United States as trustee. Provides formulae for land acquisition and condemnation proceedings by the Secretary. Deems transfers of specified private settlement lands as involuntary conversions for Internal Revenue Code purposes. Authorizes appropriations for the Fund. Approves transfers of land or natural resources executed by the Tribe prior to the Act. Extinguishes Tribal or Indian claims to such lands based upon rights, interests, or aboriginal title. Directs the Secretary to publish notice in the Federal Register when the statutory appropriation has been deposited into the Fund. Declares the extinguishment provisions effective upon such appropriation. Declares the Tribe's reservation is Indian country, subject to State jurisdiction under specified Federal law. Sets limitations on actions regarding the constitutionality of the Act. Vests exclusive original jurisdiction over such actions in the U.S. District Court for the District of Connecticut. Permits removal from State courts to such District Court. Permits the Tribe to lease lands for any term of years to the Mashantucket Pequot Housing Authority or to its successor in interest. Extends Federal recognition to the Tribe. Makes the Tribe and its members eligible for all Federal services and benefits furnished to federally recognized Indians. Subjects the Tribe to generally applicable Federal laws.
United States · United States Congress · 8 June 1983
Amends the Small Business Act to provide for the continuation of financial assistance to establish small business development centers under the Small Business Development Center program.
United States · United States Congress · 7 June 1983
Authorizes the President to proclaim March 1984 National Social Work Month.
United States · United States Congress · 25 May 1983
Title I: Declares that laws prohibiting the United States from paying compensation to or employing persons who are not U.S. citizens shall not bar the United States from paying compensation to or employing citizens of the Northern Mariana Islands. Requires that a citizen of the Northern Mariana Islands who declares in writing an intent to become a U.S. citizen upon full implementation of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States shall be deemed a U.S. citizen for purposes of specified statutes relating to the uniformed services. Deems citizens of the Northern Mariana Islands to be U.S. citizens for purposes of specified statutes relating to: (1) Federal employment; (2) protection and services; (3) commerce; (4) political and civil rights; and (5) Federal programs and benefits. Prohibits any provision of this title from extending to the Northern Mariana Islands any law not otherwise geographically applicable to or within the Islands. Deems citizens of the Northern Mariana Islands to be U.S. citizens for purposes of any provision requiring U.S. citizenship as a prerequisite to receipt of a statutory benefit made applicable to the Islands by a statute or by application of the Covenant. Title II : Amends the Revised Organic Act of the Virgin Islands to permit prosecution in the district court of all offenses against Federal and local laws to be had by indictment by grand jury or by information. Authorizes the establishment of a local appellate court. Authorizes the legislature of the Virgin Islands to vest in the local courts jurisdiction over all cases in the Virgin Islands subject to the exclusive or concurrent jurisdiction of the District Court of the Virgin Islands. Grants to the district court the jurisdiction of a Federal bankruptcy court. Grants to the district court exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, except certain laws enacted by the Virgin Islands legislature. Grants to the district court general original jurisdiction over all causes of action in the Virgin Islands the jurisdiction over which is not vested by local law in the local courts. Grants jurisdiction over certain minor civil and criminal cases to the local courts. Grants concurrent jurisdiction to the district court and the local courts over criminal offenses against the laws of the Virgin Islands that are similar to statutes over which the district court has jurisdiction. Declares that relations between the Federal courts and the local courts shall be the same as relations between the Federal courts and State courts. Provides that, for 15 years following the establishment of a local appellate court, the U.S. Court of Appeals for the Third Circuit (rather than the U.S. Supreme Court) shall have jurisdiction over appeals from all final decisions of the highest court of the Virgin Islands on Federal questions. Authorizes the appellate division of the district court to review, until the local appellate court is established, the judgments and orders of the local courts. Prohibits the Virgin Islands legislature from precluding the review of a judgment involving a Federal question. Sets forth the membership of the appellate division of the district court. Grants the U.S. Court of Appeals for the Third Circuit jurisdiction over appeals from all final decisions of the appellate division of the district court involving Federal questions. Prohibits the U.S. Court of Appeals for the Third Circuit from reviewing causes of action governed by the laws of the Virgin Islands unless Federal questions are involved. Changes the term of office for judges of the district court from eight years to ten years. Makes the Federal rules of civil and criminal procedure applicable, where appropriate, to the district court and to appeals from the district court. Sets forth the judicial divisions of the Virgin Islands. Repeals certain provisions of the Organic Act of the Virgin Islands and specified sections of other Acts that have been replaced by later law. Amends the Organic Act of Guam to grant the District Court of Guam the jurisdiction of a Federal bankruptcy court. Requires the district court to determine the requirements of indictment by grand jury or trial by jury for local causes of action. Authorizes the Guam legislature to establish an appellate court on or after January 1, 1983. Authorizes the legislature to vest in the local courts jurisdiction subject to the exclusive or concurrent jurisdiction of the district court over all causes of action in Guam. Declares that relations between the Federal courts and the local courts of Guam shall be the same as relations between the Federal courts and State courts. Provides that, for 15 years following the establishment of a local appellate court, the U.S. Court of Appeals for the Ninth Circuit (rather than the U.S. Supreme Court) shall have jurisdiction over appeals from all final decisions of the highest court of Guam on Federal questions. Authorizes the appellate division of the district court to review, until the local appellate court is established, the judgments and orders of the local courts. Prohibits local law from precluding review of a judgment involving a Federal question. Sets forth the membership of the appellate division of the district court. Grants the U.S. Court of Appeals for the Ninth Circuit jurisdiction over appeals from all final decisions of the appellate division of the district court involving Federal questions. Prohibits the court of appeals from reviewing causes of action governed by Guam's laws unless Federal questions are involved. Makes the Federal rules of civil and criminal procedure applicable, where appropriate, to the district court and to appeals from the district court. Changes the term of office for judges of the District Court of Guam from eight years to ten years. Repeals a provision of the law relating to grand jury indictments on Guam that has been replaced by later law. Changes the term of office for judges of the District Court of the Northern Mariana Islands from eight years to ten years. Grants the District Court for the Northern Mariana Islands the jurisdiction of a Federal bankruptcy court. Limits the jurisdiction of the district court with respect to the government of the Trust Territory of the Pacific Islands. Grants the district court authority to review, until the establishment of an appellate court for the Northern Mariana Islands, the judgments and orders of the local courts. Prohibits the laws of the Northern Mariana Islands from precluding the review of a judgment involving a Federal question. Grants the U.S. Court of Appeals for the Ninth Circuit jurisdiction over appeals from all final decisions of the appellate division of the district court involving Federal questions. Prohibits the U.S. Court of Appeals for the Ninth Circuit from reviewing causes of action governed by the laws of the Northern Mariana Islands unless a Federal question is involved. Repeals specified sections of the Bankruptcy Reform Act of 1978 that are incorporated in this Act.
United States · United States Congress · 25 May 1983
Repeals certain laws relating to the territories and possessions of the United States.
United States · United States Congress · 25 May 1983
Small Business Procurement Reform Act of 1983 - Amends the Small Business Act to provide that if bidding on defense procurement actions of $10,000 and above, or civilian procurement actions of $5,000 and above is limited to one person, a particular area of the United States, or both, then the Secretary of Commerce is required to provide a written description of the individual circumstances and the law which is the basis for such limitation along with the notice that is ordinarily required for such procurement actions under such Act. Requires the Secretary to publish timely notice of all procurement contract awards set aside for small businesses. Directs the Secretary to investigate and implement alternative means of notifying such small businesses of defense procurement actions of $10,000 and above and civilian procurement actions of $5,000 and above in addition to the daily publication that is required under such Act. Requires Federal agencies to plan contracts for the procurement of services or spare parts for large systems so as not to preclude performance by small and small disadvantaged businesses as prime contractors, where practicable. Requires the Administrator of the Small Business Administration to establish Government procurement contract arbitration panels to facilitate the resolution of contract disputes between small businesses and Federal agencies. Establishes the Small Business Procurement Advisory Committee to advise the Administrator and Congress on Government contracts awarded to or set aside for small businesses.
United States · United States Congress · 18 May 1983
Amends the Small Business Act and the Small Business Investment Act of 1958 to increase authorizations to the Small Business Administration (SBA) for the financing of State and local development companies and small business investment companies for FY 1983. Increases authorizations to the SBA for FY 1984 to provide: (1) direct participation loans to assist public or private organizations for the handicapped or handicapped individuals in establishing, acquiring, or operating a small business and loans to disabled veterans; (2) deferred participation loans to State development companies and guarantees of debentures issued by State or local development companies; (3) financing to State and local development companies; (4) direct purchases of debentures, preferred securities, and guarantees of debentures issued by small business investment companies; and (5) funds to defray salaries and expenses of the SBA. Authorizes appropriations to the SBA for FY 1985 to provide: (1) direct participation loans to assist public or private organizations for the handicapped or handicapped individuals in establishing, acquiring, or operating a small business and loans to disabled veterans; (2) deferred participation loans to State development companies and guarantees of debentures issued by State or local development companies; (3) loans to small businesses located in urban or rural areas of high unemployment or low income or owned by low-income individuals; (4) loans to small businesses for energy measures; (5) guarantees of debentures issued by State or local development companies; and (6) direct purchases of debentures, preferred securities, and guarantees of debentures issued by small business investment companies. Authorizes appropriations to the SBA to guarantee sureties against loss pursuant to programs under the Small Business Investment Act of 1958. Prohibits the SBA from making loans or guarantees to small businesses for alterations to such businesses as a result of Government requirements. Authorizes appropriations to the SBA to guarantee loans to small businesses for the planning, design, or installation of pollution control facilities under the Small Business Investment Act of 1958. Authorizes funds to the SBA to provide disaster loans to small businesses. Provides for the payment of SBA administrative expenses from the disaster loan revolving funds. Authorizes funds to the SBA for FY 1985 to provide: (1) direct participation loans to assist public or private organizations for the handicapped or handicapped individuals in establishing, acquiring, or operating a small business and make loans to disabled veterans; (2) deferred participation loans to State development companies and guarantees of debentures issued by State or local development companies; (3) loans to small businesses located in urban or rural areas of high unemployment or low income or owned by low-income individuals; (4) loans to small businesses which design, manufacture, and distribute energy measures; (5) guarantees of debentures issued by State or local development companies; (6) direct purchases of debentures, preferred securities, and guarantee debentures issued by small business investment companies; (7) guarantees to sureties against loss pursuant to programs under the Small Business Investment Act of 1958; (8) lease guarantees under the Small Business Investment Act of 1958; and (9) funds to defray salaries and expenses of the SBA. Amends the Small Business Investment Act of 1958 to authorize the SBA to purchase or guarantee debentures issued by State development companies. Sets forth requirements governing such authority. Amends the Small Business Act to eliminate fiscal year restrictions on the eligibility of nonprofit organizations for assistance under the handicapped procurement program. (Under current law, such organizations are eligible for such assistance during FY 1981, 1982, and 1983.) Requires the SBA to make direct loans, to guarantee loans, debentures, qualified contract payments, and other types of financial assistance, and to guarantee sureties against loss pursuant to programs under the Small Business Act and the Small Business Investment Act of 1958, subject only to the availability of qualified applications for such loans and guarantees and limitations contained in appropriations Acts.
United States · United States Congress · 18 May 1983
Requires the Attorney General and all other appropriate Federal agencies and officials to enforce the antitrust laws, including the prohibition against vertical price restraints. Directs such officials and agencies to cease propounding arguments in court designed to weaken such prohibition, and to submit to Congress proposed legislation to make any desired changes in such prohibition.
United States · United States Congress · 17 May 1983
Expresses the sense of the Senate that regulations relating to title IX of the Education Amendments of 1972 (concerning sex discrimination in education) should not be amended in any manner which will lessen the comprehensive coverage of such title in eliminating gender discrimination throughout the American educational system.
United States · United States Congress · 17 May 1983
Expresses the support of the Senate for Lebanon's and Israel's agreement on arrangements for the withdrawal of Israeli forces from Lebanon. Calls upon other nations to work toward the withdrawal of all foreign forces from Lebanon. Emphasizes the need of all nations to recognize the sovereignty of Lebanon. Urges Syria and the Palestine Liberation Organization to agree to the arrangements for the withdrawal of their forces from Lebanon.
United States · United States Congress · 12 May 1983
Designates May 1983 as Purple Heart Month.
United States · United States Congress · 10 May 1983
Senior Citizens Independent Community Care Act - Amends title XVIII (Medicare) of the Social Security Act to authorize any State to establish a statewide prepaid capitation program for providing acute and long-term care services for individuals aged 65 or older who require long-term care by reason of impairments which restrict daily living activities. Limits to four the number of States which may establish such a program during the four years following enactment. Authorizes the Secretary of Health and Human Services in subsequent years to limit the number of additional States which may establish such a program in order to insure that additional programs will not require payments from the Federal Hospital Insurance Trust Fund in excess of the amounts available in the Trust Fund. Provides that each eligible individual shall be entitled to the following benefits: (1) all services to which such individual would be entitled under title XVIII; (2) homemaker-home health aide services; (3) adult day services; (4) respite care services for up to 14 days or 336 hours annually; (5) service coordination; (6) preadmission screening and assessment; (7) intermediate care facility services for up to 20 days annually; and (8) such other services as the Secretary may determine. States that services provided under the program shall be in lieu of any payments or services to which an individual would otherwise be entitled under title XVIII or under any other Federally funded program. Makes any individual eligible who: (1) is entitled to benefits under part A(Hospital Insurance) of title XVIII and enrolled under part B (Supplementary Medical Insurance) of title XVIII; (2) has attained age 65; (3) resides in a State with a program; (4) agrees to participate in the program; (5) is not in an institution; (6) is certified by a preadmission assessment and screening team (PAT) to have an unmet need for certain services; and (7) has certain physical or mental impairments which interfere with the activities of daily living. Requires a PAT to evaluate each eligible individual's health status, functional capabilities, and home and environment in order to assess and develop a plan of care for the individual before the individual can receive any benefits under the program. Requires an individual's status to be assessed on an ongoing basis, and the plan of care to be appropriately updated. Directs the Governor of each State having a program to designate the State agency or agencies which shall administer the program. Directs such agency or agencies to coordinate the designation of entities which shall provide services under the program. Directs such entities to be responsible for establishing PATs and providing services under the program. Requires each PAT to consist of at least one physician and one social worker. Directs the Secretary to pay a fixed per capita fee to each designated entity for which payment may be made under the program. Prohibits such fee from exceeding an amount equal to 60 percent of the average monthly rate in such State for services provided in free-standing skilled nursing facilities. Requires an individual receiving services under the program which are otherwise covered services under parts A or B of title XVIII to pay the entity providing the services a copayment equal to the amount which such individual would be required to pay under parts A or B for the same services. Requires an individual receiving homemaker-home health aide services, adult day services, respite care services, or a preadmission screening and assessment to pay a copayment equal to 20 percent of the reasonable charge for such services. Prohibits an eligible individual from being required to make yearly copayments which exceed a specified percent of the individual's income for the preceding year. Provides any individual the right to reasonable notice and opportunity for a hearing with respect to determinations made by the Secretary under the program in the same manner as under part A of title XVIII. Sets forth the effective date. Directs the Secretary to monitor the effect of the program and submit reports to Congress. Requires the reports to include a recommended strategy for implementing the program on a national basis. Directs the Office of Management and Budget to prepare an analysis of the budgetary impact of the implementation of the program on a national basis and to report to Congress with respect to such report. Requires payments under this program to be made from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Requires payments related to services provided under this program which are not covered services under part A or B to be made from the Federal Hospital Insurance Trust Fund. Directs the Secretary to conduct a study of the feasibility and desirability of establishing a program under which State Medicaid programs would provide prepaid capitation plans for providing Medicare and Medicaid (title XIX of the Act) services to those individuals eligible for both and to report the results of the study to Congress.
United States · United States Congress · 9 May 1983
Children and Youth Camp Safety Act - Establishes in the Office of the Secretary of Health and Human Services an Office of Youth Camp Safety to be headed by a Director of Youth Camp Safety. Confers upon the Director the primary responsibility for the promulgation and enforcement of Federal and State youth camp safety regulations. Provides for congressional disapproval of such proposed regulations. Requires any State which desires to assume responsibility for the development and modification of youth camp safety standards to submit a State plan to the Director for approval. Allows a State whose plan has been rejected to obtain review of the decision in the United States court of appeals. Authorizes the Secretary, at the request of the Director, to make Department of Health and Human Services personnel available to States to assist in developing State plans and in training State inspectors and other personnel associated with youth camps. Directs the Secretary, at the request of the Director to provide technical and consultative services to assist in State plan development and implementation. Directs the Director to make grants to States for the development of youth camp safety plans, such grants not to exceed 80 percent of the cost of carrying out the State plan. Directs the Director, upon the request of any youth camp operator or director, or or during specified inspections, to provide consultative services to youth camps in States which do not have in effect an approved State plan. Directs the Director to issue regulations and procedures providing for citations to youth camp operators in such States for specified violations under this Act. Sets forth procedures for hearings and appeals in such cases. Authorizes the Director to enter and inspect youth camps and their records in States which do not have in effect an approved State plan. Grants the Director specified investigative authority. Requires such inspections at each such youth camp at least once a year during the period the camp is in operation. Provides that: (1) information shall be obtained under this Act with a minimum burden upon the youth camp operator and full protection of the rights of youth camp staff members; and (2) a representative of the youth camp staff director and a representative authorized by the youth camp staff shall be given an opportunity to accompany the Director or the Director's authorized representative during the inspection. Prescribes penalties for violations by youth camp operators of the standards promulgated pursuant to this Act. Establishes judicial procedures to restrain any condition or practice which poses an imminent danger of serious injury at such camps. Requires the Director to: (1) establish within the Department of Health and Human Services an Advisory Council on Youth Camp Safety; and (2) report annually to the Congress and the President. Authorizes appropriations for FY 1984 through 1988.
United States · United States Congress · 5 May 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act". Amends the Fair Housing Act to expand the definition of "discriminatory housing practice" to include any violation under such Act (thus codifying case law which holds that the obligation of Federal agencies to administer programs affirmatively to further the purposes of fair housing and the prohibition against interference with rights under the Act are separately actionable). Adds new definitions of "handicap", "aggrieved person" and "familial status." Excludes from the meaning of "handicap" any impairment consisting of alcohol or drug abuse or which would be a direct threat to the property or safety of others. Defines "familial status" as one or more minors being domiciled with their parent or guardian. Retains the two current exemptions from the prohibition against the discriminatory sale or rental of housing which are given to: (1) an owner of three or less single-family houses; and (2) the owner of a dwelling consisting of four or fewer family units who also resides in such dwelling (the "Mrs. Murphy" exemption). Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; and (2) discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. States that such discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) make modifications which would unreasonably inconvenience others; and (3) allow architectural modifications which materially decrease the value of a building or alter its intended use. Prohibits discrimination against families with children. Makes it unlawful for an insurer to discriminate in the provision or terms of insurance against hazards to a dwelling because of the race, color, religion, sex, handicap, national origin or familial status of persons owning or residing in or near the dwelling. Adds handicapped persons as a protected class under other existing prohibitions on discriminatory activities. Modifies the housing financing discrimination provision to prescribe all conduct which denies or "otherwise makes unavailable" financial assistance because of race, color, religion, handicap, national origin, or familial status. Includes with such prohibition persons in the business of selling, brokering, or appraising real property. States that nothing in this Act is to be construed to defeat any reasonable local, State or Federal restrictions on the maximum number of persons permitted to occupy a dwelling unit. Provides that familial status does not apply to any State or Federal programs aimed at assisting elderly persons. Establishes the Fair Housing Review Commission, composed of three members appointed by the President for staggered six-year terms. Stipulates that no more than two members may be of the same political party. Directs the Commission to: (1) appoint administrative law judges and other employees as necessary to carry out its functions; (2) promulgate a code of ethics to assure the independence of such judges; (3) promulgate rules of discovery for its proceedings consistent insofar as practicable with the Federal Rules of Civil Procedure; and (4) consider appeals from the proposed orders of the administrative law judges upon application of a party. Includes Federal agencies having regulatory authority over financial institutions within the executive departments and agencies which are currently required to administer their housing programs in an affirmative manner. Authorizes the Department of Housing and Urban Development to provide financial as well as technical assistance to public and private organizations seeking to remedy housing discrimination. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development in addition to the current enforcement provisions of title VIII (allowing civil actions by private parties and the Attorney General). Directs the Secretary to make an investigation of all alleged discriminatory housing practice on his or her own initiative or upon the filing of a charge by an aggrieved person within one year of the alleged discrimination. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary, if the aggrieved person and respondent consent to binding arbitration, to refer the charge to an arbitrator made available by the Community Relations Service of the Department of Justice. Continues the current authority of the Secretary to utilize discovery measures. Retains the current penalty for failing to produce information (up to a $1,000 fine and/or one year's imprisonment). Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies, with respect to the rights and remedies provided by such agencies, the elements of "substantial equivalency which permit certification and referrals of discrimination charges. Eliminates the Secretary's authority to recall referrals in the interest of justice or to protect the rights of the parties. Prohibits further action by the Secretary unless the agency fails to act in a timely fashion (current law gives the agency 30 days to commence proceedings). Requires the Secretary and other Federal agencies to cooperate to avoid duplication of their housing discrimination authority. Authorizes the Secretary to enter into agreements to permit other agencies to carry out such responsibilities within their jurisdictions. Directs the Secretary to enter into agreements with specified Federal agencies for such purpose with respect to depository institutions. Permits an action for temporary or preliminary relief to be brought on behalf of the Secretary in accordance with rule 65 of the Federal Rules of Civil Procedure when the Secretary establishes that voluntary compliance is unobtainable and prompt judicial action is necessary. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use controls, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits the administrative law judge to award appropriate relief and a civil penalty of up to $10,000. Permits the filing of a position for judicial review of a final order in an appropriate court of appeals within 60 days after entry of such order. Provides that the findings of fact shall be conclusive if supported by substantial evidence in the record considered as a whole. Authorizes the administrative law judge to assess civil penalties for noncompliance with a final administrative order. Makes certain revisions in the private right of action for aggrieved persons under the Fair Housing Act. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Permits the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the current provision permitting the appointment of counsel. Removes the existing $1,000 limit on punitive damages for willful violations. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to title VIII rights has occurred. Permits the intervention of aggrieved persons in such actions. Permits the award of costs, including reasonable attorney's fees, to prevailing parties in court and administrative proceedings (current law permits an award of attorney's fees only to prevailing parties who are financially unable to assume them). Authorizes appropriations for this Act, effective October 1, 1983.
United States · United States Congress · 5 May 1983
Recognizes the week of May 8 through May 14, 1983, as Small Business Week.
United States · United States Congress · 4 May 1983
Amends the Small Business Act to make agricultural enterprises ineligible for disaster and business loan assistance.
United States · United States Congress · 4 May 1983
Amends the Small Business Act to allow the Small Business Administration to make use of profitmaking organizations in providing management assistance to small businesses.
United States · United States Congress · 28 April 1983
Construction Contract Payment Procedures Act of 1983 - Amends the Federal Property and Administrative Services Act of 1949 to require any executive agency that elects to make progress payments under a construction contract to: (1) make such payments monthly or more frequently as stipulated in the contract; (2) not retain any portion of a payment unless the contractor is not making satisfactory progress, in which case the contracting officer may retain up to ten percent of each payment to protect the Government's interest; (3) release amounts retained upon finding that the contractor is making satisfactory progress; and (4) promptly pay the contractor any amounts still retained upon final acceptance of the work. Urges all contractors and subcontractors to make full, prompt progress payments to their subcontractors and material suppliers without retaining any portion of such payments except for unsatisfactory progress.
United States · United States Congress · 28 April 1983
Makes the Select Committee on Indian Affairs a permanent committee of the Senate.
United States · United States Congress · 26 April 1983
Requires the Secretary of Health and Human Services to revise: (1) the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under part 404 of title 20 of the Code of Federal Regulations which are used to make individualized determinations of disability for purposes of determining eligibility for disability benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act; and (2) the methods and procedures for assessing the residual functional capacity of individuals having mental impairments. Requires the Secretary to appoint a panel of outside experts to make recommendations with respect to such revisions. Prohibits the Social Security Administration from carrying out continuing eligibility reviews with respect to individuals previously determined to be under a disability due to mental impairment until such revisions have been established by final regulation. Makes such prohibition inapplicable in any case involving fraud or where an individual is engaged in substantial gainful activity. Sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the Secretary's revisions are established by final regulation. Amends titles II and XVI (Supplemental Security Income) of the Social Security Act to require that a qualified psychiatrist or psychologist complete the medical portion of the sequential evaluation and residual functional capacity assessment in cases where an individual alleges to be under a disability due to a severe mental impairment.
United States · United States Congress · 21 April 1983
Legal Services Corporation Act Amendments of 1983 - Requires appointees to the Legal Services Corporation's Board of Directors (the Board) to: (1) support the principle of providing low-income individuals equal access under the law to comprehensive legal services; (2) have participated in organizations concerned with providing legal services to the poor; or (3) have directly provided such services themselves. States that eligible client nominees to the Board must have been eligible to receive legal assistance under this Act before such nomination. Sets quorum requirements for Board meetings. States that six Board members, including at least one eligible client member, shall constitute a quorum at Board meetings. Delineates conditions under which action suits may be brought against government entities. Directs the Corporation to: (1) provide funds each fiscal year to compensate private attorneys who render legal services to eligible clients; and (2) allow recipients to use Corporation funds to pay for communications intended to influence decisions by government entities or elected officials when such communications are made in response to requests by such entities or officials. Repeals authority for a comprehensive, independent study to determine: (1) alternative methods of delivering legal services; and (2) if specified groups have difficulty gaining access to legal services. Authorizes appropriations for FY 1984 through FY 1986. Sets forth formulae to insure that funding for current grantees and contractors is maintained at previous fiscal year levels whenever the Board contains fewer than six members qualified as required by this Act.
United States · United States Congress · 20 April 1983
Expresses the sense of the Senate that the National Oceanic and Atmospheric Administration (NOAA) shall be maintained as a scientifically sound Federal institution to safeguard the American people's interest in the oceans and atmosphere. Expresses the sense of the Senate that NOAA's institutional integrity should be preserved through comprehensive authorization legislation.
United States · United States Congress · 14 April 1983
Amends the Rail Passenger Service Act to provide for a resolution of the rail labor dispute between the Metropolitan Transportation Authority (New York) in conjunction with the Connecticut Department of Transportation and the employees of such authorities represented by the United Transportation Union. Requires any work stoppage arising out of such dispute to terminate on the date of enactment of this Act. Directs that rates of pay, rules and working conditions shall be as agreed upon prior to April 11, 1983, with respect to the service transferred from Conrail to such authorities. Provides that the conditions under which such service was operated by Conrail shall govern over disputed issues until the arbitration panel issues its decision. Establishes such arbitration panel whose decision shall be binding upon the parties. Declares that nothing in this Act precludes the parties to the dispute from reaching agreement prior to such binding decision.
United States · United States Congress · 13 April 1983
Small Business Capital Formation Tax Act -- Amends the Internal Revenue Code to lower the amount of corporate tax liability on taxable income up to $200,000. Increases from 60 percent to 80 percent the capital gain deduction for equity investments in small business concerns for investments held for five years or more. Establishes a maximum corporate capital gain tax rate of 20 percent attributable to equity investments in small business concerns. Allows a small business to use a cash receipts method of accounting if its average annual gross receipts do not exceed $1,500,000 for the three preceding taxable years. Allows a nonrefundable ten percent income tax credit for investment in small business stock. Permits a taxpayer to defer payment of tax on the sale of any capital gain property if the proceeds from such sale are reinvested within one year in small business stock, and the amount of such gain does not exceed the amount invested in small business stock.
United States · United States Congress · 24 March 1983
Expresses the sense of Congress that the President should implement, within the United States, the objectives of the United Nations Decade for Disabled Persons (1983-1992).
United States · United States Congress · 23 March 1983
Expresses the sense of Congress that the family planning program under title X of the Public Health Service Act should be administered by the Health Resources and Services Administration of the Department of Health and Human Services.
United States · United States Congress · 22 March 1983
Trademark Counterfeiting Act of 1984 - Amends the Federal criminal code to establish penalties of up to five years' imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation) for trafficking or attempting to traffic in counterfeit marks in the foreign or domestic commerce of the United States. Permits any injured owner of a mark registered on the principal register of the U.S. Patent and Trademark Office to sue for either treble claimant's damages or treble defendant's profits, whichever is greater, in Federal district court.
United States · United States Congress · 22 March 1983
Authorizes and requests the President to designate May 6, 1983, as National Nurse Recognition Day.
United States · United States Congress · 21 March 1983
Ocean and Coastal Resources Management Act - Establishes in the Treasury an Ocean and Coastal Resources Management Fund to provide States and territories with ocean and coastal management block grants through FY 1989. Provides money for such Fund from a percentage of Outer Continental Shelf oil and gas revenues. Requires an applicant State to report to the Secretary of Commerce, specifying projects and allocations. Requires public review of such report. Sets minimum State and territory grant amounts, with additional allocations based on: (1) coastal population; (2) shoreline; (3) oil or gas production; (4) energy facilities; and (5) bonus revenues. Requires grants to be used for: (1) carrying out the Coastal Zone Management Act of 1972; (2) coastal energy impact projects; (3) projects under the Anadromous Fish Conservation Act and the Commercial Fisheries Research and Development Act; (4) local jurisdictions; and (5) research, marine resources, and interstate programs. Requires an annual grant assessment and audit.
United States · United States Congress · 17 March 1983
Amends the Internal Revenue Code to treat as long-term capital gain amounts actually paid to a taxpayer with respect to a small business participating debenture which constitute the distribution of a share of earnings of the issuer. Defines "small business participating debenture" (SBPD) as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears interest at not less than specified by the Secretary of the Treasury; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of whose outstanding SBPD's does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission. Allows an interest expense deduction for interest and share of earnings payments made on such debentures. Treats losses on small business participating debentures as ordinary losses.
United States · United States Congress · 17 March 1983
Designates the week of May 22 through May 28, 1983, as National Digestive Diseases Awareness Week.
United States · United States Congress · 17 March 1983
Declares that Congress: (1) condemns the violence in Northern Ireland; (2) urges U.S. citizens to refrain from any action which contributes to the violence there; (3) urges an early political settlement there that secures the rights of both sides and that achieves Irish unity; (4) believes that a reconciliation can be found between the two Irish political traditions and between Britain and Ireland; and (5) requests the President to convey to Britain and to Ireland the desire of Americans for lasting peace in Northern Ireland.
United States · United States Congress · 10 March 1983
Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 8 March 1983
Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to certify outpatient rehabilitation clinics and hospices for participation in the Medicare program if they are certified by the Commission on Accreditation of Rehabilitation Facilities.
United States · United States Congress · 8 March 1983
Authorizes and requests the President to designate the month of January 1984 as National Eye Health Care Month.
United States · United States Congress · 3 March 1983
Amends the Foreign Assistance Act of 1961 to provide that American military assistance may not be provided to El Salvador unless the President, after consulting with Congress, transmits to Congress a report stating that: (1) El Salvador has engaged in negotiations with all concerned parties to end the conflict there; or (2) El Salvador cannot proceed with such negotiations because specified parties are not willing to participate in the negotiation process. Provides that any unobligated funds allocated pursuant to this Act shall be: (1) used for development assistance projects in El Salvador; (2) used for aid for persons displaced by the strife; or (3) deposited in the U.S. Treasury. Permits the introduction of U.S. forces into EL Salvador to evacuate U.S. citizens or if there is a clear and present danger of attack upon the United States.
United States · United States Congress · 3 March 1983
Designates the week beginning September 25, 1983, as National Adult Day Care Center Week.
United States · United States Congress · 3 March 1983
Authorizes and requests the President to designate the week of April 10 through April 16, 1983, as National Mental Health Week.
United States · United States Congress · 1 March 1983
Amends the Small Business Act to make an agricultural enterprise ineligible for disaster loan assistance unless it is declined for emergency loan assistance at substantially similar interest rates from the Farmers Home Administration pursuant to the Consolidated Farm and Rural Development Act. (Currently, agricultural enterprises are ineligible for such assistance under such conditions any time prior to October 1, 1983.)
United States · United States Congress · 1 March 1983
Columbia River Gorge Act of 1983 - Establishes the Columbia River Gorge Scenic Area as a unit of the national forest system. Extends the boundaries of the Mount Hood National Forest in Oregon and of the Gifford Pinchot National Forest in Washington State to include all the lands in their respective States lying within the Area which are not within their boundaries on the enactment of this Act. Provides that national forest system lands in Oregon which are within the Area shall be treated as components of the Mount Hood National Forest and national forest system lands in Washington which are within the Area shall be treated as components of the Gifford Pinchot National Forest for purposes of providing forest system revenues to a State or local government. Requires the Secretary of Agriculture to administer the Area and to provide all interested parties with an opportunity to participate in plans and programs for the management of the Area. Establishes in the Department of Agriculture the Columbia River Gorge Scenic Area Regional Commission, which shall be composed of members from both Oregon and Washington as well as the Chief of the Forest Service. Makes the Commission responsible for: (1) assisting the Chief of the Forest Service in the establishment of a management plan for the Area; (2) facilitating communication and coordination among the Federal, State, and local governmental agencies with jurisdiction within the Area and with residents and landowners within the Area; (3) reviewing and monitoring the implementation of the management plan by such governmental agencies; (4) reviewing all land acquisition proposals submitted by the Secretary in cases involving the potential use of eminent domain; (5) reviewing all Federal development projects within the Area for consistency with the management plan; and (6) preparing an annual report for the Secretary, Congress, and the Governors of Oregon and Washington on the status and implementation of the management plan. Requires the Chief of the Forest Service to prepare a management plan for the Area. Requires the Chief of the Forest Service to consult with the Commission and with State and local government authorities within the Area during preparation of the management plan. Authorizes the Secretary to provide financial and technical assistance to such authorities to carry out land use management activities. Directs the Secretary to incorporate State and local policies, management plans, standards, and requirements into the management plan and resolve any conflicts with the State and local authorities concerned. Requires that the management plan be submitted to the Commission for approval. Authorizes the Secretary to modify and resubmit any plan disapproved by the Commission. Authorizes the Secretary to adopt a resubmitted management plan without the Commission's approval. Permits requests for amendments to or variances from the management plan to be submitted to the Secretary. Prohibits the construction or modification of any facility in the critical portions of the Area before the Secretary's adoption of interim guidelines which shall govern all land use activities within the Area until the management plan is adopted. Requires that Federal activities within the Area be consistent with the interim guidelines and the management plan. Sets forth the procedure for the Secretary's approval of any such activities. Requires the Secretary to permit hunting and fishing on lands and waters under his or her jurisdiction within the Area. Directs the Secretary to monitor all land use activities within the Area prior to the adoption of the management plan to prevent violations of the interim land use guidelines. Requires local governments which have land use planning authority under State law and wish to enforce the management plan within the Area to submit to the Secretary and the Commission a land use plan consistent with the management plan. Requires the Secretary to approve or disapprove such a local plan within six months after its submission. Authorizes the Secretary to make annual grants to local governments to assist them in establishing such land use plans. Directs the Secretary to enforce the management plan if no approved local land use plan is in effect. Imposes criminal penalties for violations of regulations or orders issued pursuant to this Act. Authorizes the Attorney General, at the Secretary's request, to institute a civil action for an injunction or other order to prevent the use of lands in the Area in violation of the management plan. Provides for administrative and judicial review of such violations. Authorizes the Secretary to acquire lands classified as critical lands under the management plan without the owner's consent, unless, as of July 1, 1981, such lands were used primarily for single family residential purposes, farming, or grazing. Requires the Secretary to consider sale offers made by Area landowners. Authorizes the Secretary to acquire non-Federal lands within the Area by exchange. Provides that State lands may be acquired only by donation or exchange. Permits the transfer of Federal property within the Area to the Secretary without consideration. Requires that property thus acquired be: (1) transferred to the jurisdiction of the National Forest Service for inclusion in the national forest system; or (2) sold on terms to assure the use of such property in a manner consistent with the management plan. Authorizes appropriations. Makes appropriations from the Land and Water Conservation Fund available for land acquisition within the Area. Establishes an acquisition fund for land acquisition within the Area. Authorizes appropriations for the initial capital of the fund. Authorizes the Secretary to accept contributions which shall be credited to the fund. Authorizes the Secretary to make payments to local governments to mitigate property tax revenue losses resulting from Federal acquisition of real property within the Area. Limits the authority under this Act to enter into contracts or to make payments to the extent and the amounts provided in advance in appropriation Acts. Makes provisions of this Act which authorize new budget authority effective only for FY 1983 and thereafter.
United States · United States Congress · 24 February 1983
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.
United States · United States Congress · 24 February 1983
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 16 February 1983
Directs that proceedings in the Senate Chamber be broadcast by radio and television: (1) in accordance with provisions of this resolution; (2) continuously when the Senate is in session (except when a closed door meeting is ordered); and (3) subject to certain provisions of the Standing Rules of the Senate pertaining to the Senate gallery. Requires that broadcasts be supervised and operated by the Senate and made available on a live basis and free of charge to specified entities. Requires the television broadcasts to follow the Presiding Officer and Senators who are recognized to speak. Directs the Architect of the Capitol to provide for the construction and acquisition of broadcasting facilities and equipment. Sets forth duties of the Sergeant at Arms and Doorkeeper of the Senate with respect to the operation and maintenance of such equipment and the disposition of audio and video tape recordings. Directs the Librarian of Congress and the Archivist of the United States to receive, store, and make such recordings available to the public at no cost for viewing or listening on the premises. Authorizes the charging of a fee equal to the cost involved through distribution of taped copies. Provides for a test period of Senate broadcasting equipment. Prohibits the use of tape duplications of broadcast coverage for political or commercial purposes. Requires that changes in regulations made by this resolution be made only by Senate resolution. Authorizes expenditures, limited to a specified amount, to carry out this resolution.
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 · 15 February 1983
Prohibits the Secretary of Commerce from transferring the ownership or management of any civil land remote sensing space satellite system until a comprehensive plan for such a transfer is approved by Congress.
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
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 · 2 February 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions which disallow the accelerated cost recovery deductions for property financed with tax-exempt securities. Repeals the 1986 expiration date for the authority to issue such tax-exempt securities.
United States · United States Congress · 2 February 1983
Designates the birthday of Martin Luther King, Jr., a legal holiday.