United States · United States Congress · 30 June 1983
Patent Term Restoration Act of 1983 - Amends the patent laws to extend the terms of patents which encompass specified products or a method for using a product, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products).
United States · United States Congress · 30 June 1983
Amends the Internal Revenue Code to provide that one-half of the cost of insurance paid by a self-employed taxpayer for medical care during the taxable year will be allowed as a business deduction.
United States · United States Congress · 28 June 1983
Work Opportunities and Renewed Competition Act of 1983 - Amends the Internal Revenue Code to allow a taxpayer to elect to treat an excess investment tax credit as a reinvestment tax credit. Requires a taxpayer to forfeit any investment tax credit carryover if the taxpayer elects to take a reinvestment tax credit. Sets the amount of such reinvestment tax credit at 85 percent of the taxpayer's qualified investment in reinvestment credit property. Terminates such credit after 1984. Makes such reinvestment tax credit refundable. Requires the recapture of the reinvestment tax credit under specified circumstances. Sets forth rules relating to such recapture.
United States · United States Congress · 14 June 1983
Farm Products Buyers' Protection Act of 1983 - Provides that a buyer in the ordinary course of business who buys farm products (livestock and commodities) from a person engaged in farming operations shall own such goods free of any security interest in such goods even though the security interest is perfected in accordance with applicable State law and even though the buyer knows of its existence.
United States · United States Congress · 14 June 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: (1) a new intermediate-level adjudication process; and (2) an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 14 June 1983
Expresses the sense of the House of Representatives that: (1) State regulatory commissions should carefully review requests for telephone rate increases; (2) the Federal Communications Commission should ascertain the impact on telephone rates of regulatory changes and judicial decisions and should furnish the House with an estimate of the number of people who would suffer an economic hardship or be forced to discontinue telephone service as a result of such changes and decisions; and (3) specified House committees should consider legislation that will assure affordable telephone service for all the people of the United States.
United States · United States Congress · 7 June 1983
National Summit Conference on Education Act of 1983 - Authorizes appropriations to the Department of Education for conducting a National Summit Conference on Education. Sets forth provisions for appointment of participants to the Conference. Directs the Conference to develop recommendations in response to the findings of the National Commission on Excellence in Education and relating to specified areas of educational policy. Directs the Conference to transmit its recommendations to the President, the Congress, and State Governors by January 15, 1984.
United States · United States Congress · 2 June 1983
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise State trigger provisions by reducing the State insured unemployment rate required to trigger the extended unemployment compensation program from five percent to four percent.
United States · United States Congress · 2 June 1983
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to provide that individuals filing claims for compensation (including regular, extended additional, or supplemental compensation) shall be counted in the State insured unemployment rate, for purposes of determining whether there are State "on" or "off" indicators ("State triggers") for the extended unemployment compensation program.
United States · United States Congress · 2 June 1983
Fresh Vegetable and Potato Trade Act of 1983 - Provides for the establishment of a surtax on imported vegetables considered to be economically injurious or threatening to U.S. vegetable producers. Designates certain vegetables and potatoes listed in the Tariff Schedules as a "vegetable category." Allows the Secretary of Agriculture, upon petition, to designate, for the market season, any other vegetable in the Tariff Schedules as a "vegetable category" if the Secretary concludes that economic injury is being caused or threatened to U.S. producers of such vegetable. Requires the Secretary to monitor, weekly, the market prices paid for any vegetable in a "vegetable category." Provides that if the Secretary determines that the average market price paid for such a vegetable does not equal 90 percent of the average price paid for such a vegetable for such week in the immediately preceding three years, then the Secretary, within five working days, must publish notice in the Federal Register that such a vegetable is to be included in a "depressed" vegetable category. Directs the Secretary, with respect to such "depressed" vegetable category, to monitor on a daily basis the prices paid for such a vegetable and on a weekly basis the volume of imported vegetables in such category that are sold in terminal markets. Authorizes the Secretary to presume that an imported vegetable is causing or threatening economic injury to U.S. producers of a like vegetable if the Secretary makes a determination that: (1) the average market price of a vegetable included in the "depressed" vegetable category is below the benchmark price for such vegetable; and (2) the volume of such vegetable exceeds by five percent the volume of the same imported vegetable sold in a terminal market during an equivalent week in calendar year 1978. Establishes a surtax for such an imported vegetable. Provides that such surtax shall be in effect for 180 days and can be extended for another 90 days if the Secretary determines that the same conditions exist. Requires the Secretary to notify the exporting countries of the imposition of such surtax on such an imported vegetable. Provides for the calculation and administration of such surtax.
United States · United States Congress · 2 June 1983
Expresses the sense of the House of Representatives that the changes in the Federal estate tax laws which were made by the Economic Recovery Tax Act of 1981 are vital to the continuation of the family farm and small business, and should not be repealed or amended.
United States · United States Congress · 24 May 1983
Hazardous Waste Reduction Act of 1983 - Title I - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to States to assist States in: (1) carrying out hazardous waste enforcement programs under the Solid Waste Disposal Act; (2) carrying out remedial actions and other response measures necessary with respect to the release, or substantial threat of release, of any pollutant or contaminant from a facility not on the 400 top priority known response targets list but which the State determines may present an imminent and substantial danger to the public health or welfare; and (3) providing technical assistance to companies engaged in the recycling of hazardous substances. Requires that at least $200,000,000 of the amounts appropriated to the Hazardous Substance Response Trust Fund shall be reserved to make such grants to States. Revises provisions for audits by each Inspector General of each department or agency delegated responsibility to obligate money in the Hazardous Substance Response Trust Fund. Directs each such Inspector General to report annually to the President and the Congress on such auditing of the Fund and to specifically identify any improper uses of the Fund. Provides for reimbursement to the Fund for any improper expenditures. Extends through FY 1995 the authorization of appropriations for the Fund. Increases the yearly amount of such authorization of appropriations for FY 1986 through 1995 (above the yearly amount currently authorized through FY 1985). Amends the hazardous waste management provision of the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to establish a hazardous waste quantity assessment program. Directs the Administrator, in cooperation with the Secretary of the Treasury and the States, to develop and implement methods to estimate the quantities of hazardous waste which are generated in each calendar year, on the basis of specified data. Directs the Administrator to report at least annually to the Congress, comparing the quantities of hazardous waste estimated to have been generated during the preceding calendar year and the quantities of waste on which the recycling incentive tax on disposal of hazardous wastes was paid. Title II - Amends the Internal Revenue Code to replace (effective October 1, 1985) the environmental taxes on petroleum and chemical feedstocks with a recycling incentive tax on disposal of hazardous wastes (effective for FY 1985 through 1995). Sets forth tables for determining the amount of such tax. Distinguishes between: (1) toxic and nontoxic hazardous waste; (2) waste disposal before and after the end of FY 1990; and (3) disposal of waste and storage of waste for more than one year. Imposes such tax on the person disposing of such waste. Sets forth requirements for records, statements, and returns relating to such tax. Authorizes the Secretary of the Treasury to prescribe any such requirements, as necessary, for persons involved in the treatment, storage, or disposal of hazardous wastes. Extends through FY 1995 the authority to collect taxes conferred by the Superfund Act.
United States · United States Congress · 24 May 1983
United States Caribbean Possessions Act - Title I: Eastern Caribbean Regional Development Fund - Lists countries which the President shall consider in designating beneficiary countries for purposes of this title. Prohibits the President from designating a country a beneficiary country: (1) if such country is a communist country; (2) if the country has taken certain expropriating actions against property owned by U.S. citizens; (3) if the country fails to act in good faith with respect to arbitral awards involving U.S. citizens or companies; (4) if the country affords preferential treatment to a developed country other than the United States which adversely affects U.S. commerce unless the President receives certain assurances; (5) if a government-owned entity in such country engages in the broadcast of copyrighted material belonging to U.S. copyright owners without their express consent; and (6) unless such country is party to a treaty regarding the extradition of U.S. citizens. Lists factors the President shall take into account in determining whether to designate a country a beneficiary country. Prohibits the President from terminating the designation of a country as a beneficiary country unless, at least 60 days before the termination, the President has notified the Congress and the beneficiary country of such determination. Directs the President to withdraw or suspend the designation of a country as a beneficiary country if, because of changed circumstances, the country would be barred from designation as a beneficiary country. Establishes in the Treasury the Eastern Caribbean Regional Development Fund. Appropriates to the Fund the amount of money collected from: (1) the import duties on articles entered from beneficiary countries; and (2) the taxes on rum imported into the United States from beneficiary countries. Authorizes the Administrator of the Fund to allocate and distribute the moneys in the Fund to island beneficiary countries. Sets forth the method of allocation. Title II: Tax and Tariff Provisions - Amends the Internal Revenue Code to require that if the amount of taxes collected on rum imported into the United States from beneficiary countries exceeds the amount needed in the Eastern Caribbean Regional Development Fund the excess shall be covered into the treasuries of Puerto Rico and the Virgin Islands. Prohibits granting duty-free treatment to bulk rum manufactured outside the United States, its territories, or possessions.
United States · United States Congress · 19 May 1983
Renewable Energy Incentive Act of 1983 - Title I: Certain Renewable Energy Source Incentives - Amends the Internal Revenue Code to extend for five years from 1985 to 1990 the investment tax credit for: (1) solar, wind, or geothermal property; (2) ocean thermal property; (3) hydroelectric generating property; and (4) biomass property. Allows an investment tax credit for cogeneration energy property until 1990. Increases the energy percentage for solar, wind, or geothermal energy and ocean thermal property from 15 percent to 25 percent. Increases the energy percentage for hydroelectric generating property from 11 percent to 15 percent. Allows an energy percentage of ten percent for cogeneration property. Extends the residential energy income tax credit from 1985 to 1990. Allows the regular investment tax credit for energy property which is considered to be a structural component of a building and is used as air or water heating equipment for such building. Allows an investment tax credit until 1995 for affirmative commitments made for projects concerning: (1) solar, wind, or geothermal property; (2) ocean thermal property; (3) biomass property; and (4) cogeneration property. Extends for seven years from 1988 to 1995 the investment tax credit for affirmative commitments made for certain hydroelectric generating property. Increases from two to five the number of possible sites for ocean thermal property. Allows an investment tax credit for ocean thermal property which produces energy used in a possession of the United States. (Present law requires that such energy be used in the continental United States.) Title II: Biomass Incentive - Treates as biomass property methane-containing gas produced by anaerobic digestion from nonfossil waste materials. Title III: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 18 May 1983
Amends the Internal Revenue Code to allow income tax deductions for contributions to private foundations on the same basis as contributions to public charities (deductible up to 50 percent of the taxpayer's adjusted gross income). Redefines "lineal descendants" to include only children and grandchildren, for purposes of private foundation penalty tax rules dealing with substantial contributors. Provides that private foundation gifts to public charities do not forfeit their tax deductibility due to the disqualification of the charity's tax exemption if: (1) the gift is made before the Secretary of the Treasury publishes a notice of disqualification or before the foundation receives actual notice of disqualification; (2) and the foundation was not responsible for or aware of the charity's change in status. Exempts a private foundation from expenditure responsibility requirements if such foundation and all related foundations contribute no more than $15,000 in grants during a taxable year. Permits the Secretary to abate first tier penalty taxes on private foundations if it is determined that a violation of private foundation rules was due to a good faith error or omission and was corrected within the statutory correction period.
United States · United States Congress · 18 May 1983
Rural Electrification and Telephone Revolving Fund Self-Sufficiency Act of 1983 - Amends the Rural Electrification Act of 1936 (REA) to eliminate the requirement for a State certificate of convenience and necessity before the Administrator may make loans to provide rural telephone service. Revises the liabilities and uses of the Rural Electrification and Telephone Revolving Fund established under the REA to provide that notes of the Administrator to the Secretary of the Treasury to obtain funds for loans shall be equity capital of the Fund. States that assets of the Fund shall be available only for: (1) payment of interest and principal on loans to the Administrator from the Secretary of the Treasury; and (2) for certificates of beneficial ownership issued to such Secretary or in the private market. Requires the Administrator to maintain two separate accounts within the fund: (1) the Electrification Account; and (2) the Telephone Account. Lists the items that shall be accounted for in each Account respectively, and restricts the purposes for which the assets of each Account shall be available. Authorizes the Administrator to repurchase specified certificates of beneficial ownership under certain conditions affecting their interest rates. Establishes guidelines for interest-bearing insured loans made by the Administrator to electric and telephone borrowers. Requires the Secretary of Agriculture to request in each annual supplemental budget estimate the amount needed to replenish the Fund for anticipated and actual costs resulting from loans made at less than a specified rate during the preceding fiscal year. Directs the Administrator to guarantee loans to specified borrowers or to accommodate or subordinate liens or mortgages held in the Fund, according to prescribed rules and regulations. Directs the Administration to promulgate such rules and regulations within 90 days after the effective date of this Act. Prescribes guidelines under which certain lenders are authorized to adjust interest rates on loans guaranteed by the Administrator. Requires rural electrification borrowers to obtain concurrent supplemental financing according to prescribed guidelines in any fiscal year in which the minimum loan level for insured rural electrification loans is less than $1,000,000,000. Repeals the loan-making authority of the Governor of the Rural Telephone Bank which require approval by the Secretary of Agriculture of facilities or lines to be acquired with such loans. Eliminates loan restrictions placed upon potential borrowers whose net worth exceed their assets by twenty percent.
United States · United States Congress · 12 May 1983
National Industrial Strategy Act - Title I: Economic Cooperation Council - Establishes the Economic Cooperation Council to collect and analyze economic data and, upon request to make recommendations to Congress, Federal departments and agencies, and the National Industrial Development Bank (established by this Act) regarding national industrial policy and sectoral strategies. Requires the Council, within one year after enactment, to report to Congress and the President its recommendations for changes in any Federal policy necessary to implement an effective national industrial strategy. Exempts the Council from the provisions of the Federal Advisory Committee Act. Establishes within the Council a Bureau of Economic Information and a Bureau of Economic Analysis. Requires the Council to send annual reports to the President, Congress, and the National Industrial Development Bank about the major industrial development priorities of the United States and the policies needed to meet them. Authorizes appropriations. Title II: National Industrial Development Bank - Establishes the National Industrial Development Bank to make loans and loan guaranties and to issue debt instruments in such a way as to improve the overall economic goals of the Nation and broad public interest. Sets forth general provisions regarding the issuance of financial assistance. Directs the Bank to provide financial assistance to those mature and linkage industries which can be restructured to become competitively successful in the long term. Requires such a company to submit a plan to the Bank which demonstrates that it will be viable in the long run without additional Federal financial assistance. Authorizes financial assistance to develop and market new technologies and to aid in the growth of emerging industries. Authorizes financial assistance to regional development banks. Requires annual reports to Congress. Terminates the Bank on September 30, 1989. Authorizes appropriations.
United States · United States Congress · 11 May 1983
Church Audit Procedures Act of 1983 - Amends the Internal Revenue Code to restrict the Secretary of the Treasury from investigating or auditing churches unless the Secretary possesses evidence causing him to believe that a church: (1) is carrying on an unrelated trade or business; or (2) should not be granted tax-exempt status. Restricts the Secretary from beginning any investigation unless he has first provided the church with written notice that an investigation is being commenced. Sets forth the requirements of such notice. Requires that the Secretary must first approve an application by the regional counsel of the internal revenue region for examination of church records and religious activities before beginning any such examination. Requires the Secretary, prior to the approval of any such application, to offer in writing an opportunity for a conference to discuss facts, evidence, and issues relevant to the investigation. Requires the Secretary to notify the church in writing of the approval of the application for examination at least 15 days prior to the commencement of such examination. Limits the examination of religious activities to that necessary to determine whether an organization is a church or convention or association of churches. Limits the examination of church records to that necessary to determine the amount of tax imposed. Allows an organization which claims that the Secretary has violated the provisions of this Act to bring a civil action for injunctive relief against the Secretary. Reduces the statute of limitations for collection after assessment of tax to three years in the case of any organization which is a church or convention or association of churches.
United States · United States Congress · 5 May 1983
Fragile Lands Preservation Act of 1983 - Makes crops produced on highly erodible land (as defined by this Act) after 1983 ineligible for agricultural price supports, disaster payments, and storage facility loans. Exempts from such prohibitions production under an approved soil conservation system. Authorizes conservation incentive payments (in cash or in-kind) for land retired from commodity production for at least seven consecutive years.
United States · United States Congress · 4 May 1983
Water Resources Research Act of 1983 - Authorizes the establishment, subject to the approval of the Secretary of the Interior, of one water resources research and technology institute in each State at certain colleges or universities. States that each such institute shall: (1) have responsibility for planning, conducting, and/or arranging for competent research in relation to water resources; and (2) cooperate with other colleges and universities in the State to develop a statewide program designed to resolve State and regional water and related land problems. Requires the Secretary to make grants to each institute to be matched at specified rates by non-Federal dollars. Requires each institute, prior to the receipt of funds each fiscal year, to submit to the Secretary a water research program. Requires the Secretary to establish procedures for a detailed evaluation of each institute to determine whether such institute warrants continued Federal support. Provides for such evaluations within two years of establishment and for reevaluations at intervals not to exceed four years. Authorizes appropriations to the Secretary to carry out this section for FY 1984 through 1988. Permits the Secretary to make additional grants (on a dollar-for-dollar matching basis) to other qualified institutions and agencies of local or State government for research concerning any aspect of a water-related problem which the Secretary may deem to be in the national interest. States the application requirements for such grants. Authorizes appropriations to the Secretary to carry out this section for FY 1984 through 1988. Authorizes the Secretary to make grants to certain organizations for technology development concerning any aspect of water-related technology which the Secretary may deem to be of State, regional, or national importance. Authorizes the Secretary to establish any condition for the matching of funds for such grants in the best interest of the Nation considering the technology needs for water resources. States the requirements for applications for grants under this section. Authorizes appropriations to the Secretary for carrying out this section for FY 1984 through 1988. Repeals the Water Research and Development Act of 1978. Requires that rules and regulations established under such Act shall remain in effect until superseded by new rules and regulations promulgated under this Act.
United States · United States Congress · 2 May 1983
National Employment Priorities Act - Title I: General Provisions - Sets forth the findings and purposes of this Act and definitions. Title II: Federal Adjustment Assistance - Requires the Secretary of Labor to implement a comprehensive assistance program for employees who lose their employment with an establishment which is required under title III of this Act to give advance notice of plant closings and permanent layoffs. Requires that such program include: (1) training programs; (2) job placement services; (3) payments for reasonable expenses incurred by employees in searching for new employment in a geographical area away from such establishment; (4) payments for moving expenses; and (5) education assistance. Requires the Secretary, to the extent practicable, to provide such assistance before employment loss occurs and through existing programs. Provides that the Secretary shall consult with a business establishment and with any affected labor organizations in order to develop a retraining plan which meets the manpower needs of such establishment. Requires the payment of travel and subsistence allowances to employees receiving assistance under this program. Authorizes the Secretary to establish a program to retrain employees of a business undergoing plant closings and laying off employees. Makes a business concern eligible for assistance under this Act if: (1) such business concern intends to undertake a change of operations which will result in a substantial employment loss; (2) all reasonable efforts and the resources of such business concern are inadequate to prevent such employment loss; (3) such assistance will enable such business concern to operate on an improved economic basis within a reasonable time period and without the change of operations; and (4) such business concern has complied with notice requirements under title III of this Act. Authorizes the Secretary to provide eligible business concerns with enough financial assistance to substantially contribute to their economic viability if equivalent financial assistance is unavailable from conventional sources and if it is reasonably likely that they will repay the United States. Provides that such financial assistance may include loans, loan guarantees, interest subsidies, and an assumption of debt. Authorizes the Secretary to provide eligible business concerns with enough technical assistance to substantially contribute to their economic viability. Provides that such assistance may include research and development grants and contracts which will provide new employment opportunities. Requires the Secretary to issue a certificate of procurement credit to a business concern which complies with notice requirements under title III of this Act if such business concern will be able to offer additional employment opportunities upon entering into a procurement contract with the Government. Provides that bids submitted by a business concern with such a certificate shall be treated by Government agencies as if they are equal to 95 percent of the amount stated in the bids. Makes local governments eligible for assistance under this Act if, as a result of a change of operations of a business concern, there will be a substantial decrease in the amount of revenues paid to such governments, a substantial increase in demand for social services provided by them, or a substantial increase in the number of unemployed individuals residing within their jurisdiction. Authorizes the Secretary to provide to eligible local governments grants, loans, and loan guarantees to increase the availability of social services and to implement any plan for a public works project approved by the Secretary. Makes employers other than business concerns required to comply with notice requirements under title III of this Act and cooperative associations of employees eligible for assistance under this Act if such employers and cooperative associations will create or expand employment opportunities and provide continuous employment over a substantial period of time, and substantially equivalent assistance is unavailable from any other source. Authorizes the Secretary to provide to such employers and cooperative associations loans, loan guarantees, and technical assistance for expanding operations in an establishment required to comply with notice requirements under title III of this Act, constructing new establishments, and undertaking research and development projects to identify new markets and employment opportunities. Establishes priority requirements for the provision of assistance under this title. Title III: Advance Notice of Plant Closings and Permanent Layoffs - Requires a business concern to give written notice with respect to any intended change of operations in a State which will result in the number of employees suffering an employment loss in any 18-month period equaling or exceeding the lesser of 100 employees or 15 percent of the employees at such establishment. Requires that the notice be given to the Secretary, the employees, representatives of affected labor organizations at such establishment, and local government units as required by the Secretary. Sets forth time requirements with respect to such notice. Requires the Secretary to inform each employee who receives such notice of the availability of assistance under this Act. Requires the Secretary to conduct an investigation of any intended change of operations at an establishment with respect to which notice is required under this Act if the Secretary receives a written request for such an investigation within 60 days after such notice is given from an authorized representative of an affected labor organization or from at least 10 percent of the employees notified. Provides that the Secretary may conduct such an investigation regardless of whether such notice is given if such investigation would serve the purposes of this Act or if at least 50 percent of the employees of the establishment involved request an investigation. Requires the Secretary to publish a report containing his or her findings resulting from such an investigation and recommendations to prevent or minimize the harmful economic and social effects of the intended change of operations of the business which is investigated. Title IV: Employer Responsibilities - Requires a business concern which is required to give notice under title III of this Act and which reduces the weekly wages of an employee to less than 85 percent of the average weekly wages paid to such employee during the 26 weeks preceding such reduction or which suspends or terminates the employment of such employee to give such employee a written statement of employment status. Provides that such an employee shall be treated as suffering an employment loss if: (1) such statement does not include an assurance that such employee's wages will be increased or that such employee will be reinstated; or (2) the business concern fails to give such statement to such employee. Requires the business concern to give such an employee a lump sum payment, in addition to other payments required by this Act, if the business concern fails to prevent such employee's loss of employment. Requires a business concern which is required to give notice under title III of this Act to: (1) pay to each employee who suffers an employment loss as a result of a change in operations a weekly income maintenance payment for one year; and (2) make payments to any employee benefit plan in effect with respect to each such employee for one year. Provides that no business concern shall be required to make total payments exceeding $25,000 to any employee suffering an employment loss. Provides that no business concern shall be required to make payments to such an employee if: (1) such employee begins employment with any other establishment of such business concern; (2) such employee refuses to accept employment which is within a reasonable commuting distance, which provides wages and benefits equal to or better than those of the employee's previous job, and which is similar to such employee's previous position; (3) such employee refuses to participate or fails to make satisfactory progress without good cause in a training or placement program under this Act; or (4) such employee receives a retirement benefit under a pension plan to which the business concern contributed. Requires a business concern to pay moving expenses for an employee who accepts employment with such business concern within three years after such employee's employment loss occurs. Provides for an extension of the one-year period of payments under this title to an employee if such employee is between 53 and 61 years old at the end of the one year. Requires the Secretary to reimburse the business concern involved for any such payments. Provides that any payment required under this title which a business concern fails to make shall be treated as a debt owed by such business concern to the United States and requires the Secretary, upon request, to make such payment to the employee involved. Provides that a business concern which transfers ownership or control of an establishment in order to avoid liability for any subsequent employment loss shall be liable to the United States for the amount of employee assistance which the business concern owning or controlling the establishment at the time the employment loss occurs fails to provide. Requires a business concern required to give notice under title III of this Act to offer to any employee who suffers an employment loss any employment which becomes available at another establishment of such business concern within three years following such employment loss and which such employee is qualified to perform, to the extent that the provision of such employment does not violate any collective-bargaining agreement in effect. Provides that an employee of a business concern required to give notice under title III of this Act who suffers an employment loss shall be eligible to participate in any employee benefit plan in effect with respect to such employee during any period when such business concern is required to make payments to such plan under this title. Sets forth vesting requirements with respect to such plans. Provides that an individual who knowingly accepts employment with a business concern which has given notice as required under title III of this Act shall not be considered an employee of such business concern for purposes of assistance under this Act. Makes a business concern which is required to give notice under title III of this Act liable to local government units for any loss of revenue which occurs during the three fiscal years preceding the fiscal year in which the business concern implements its change of operations. Provides that any such payment which a business concern fails to make shall be treated as a debt owned by such business concern to the United States and requires the Secretary, upon request, to make such payment to the local government involved. Makes a business concern whose change of operations involves a transfer of operations outside the United States when an economically viable alternative exists liable to the United States for loss of revenue. Title V: Administration - Imposes criminal penalties on anyone who fraudulently obtains assistance under this Act and on anyone who gives the notice required under title III of this Act and makes false statements or fails to disclose material facts required under such title. Imposes civil penalties on any business concern which fails to: (1) give notice as required by title III of this Act; (2) provide assistance to employees pursuant to title IV of this Act; or (3) pay any debt owed to the United States pursuant to this Act within 180 days after such debt is incurred. Makes it unlawful for a business concern required to give notice under title III of this Act to: (1) fail to offer an employee who suffers an employment loss other employment at an alternative establishment; or (2) discriminate against an employee who participates in any investigation under this Act. Requires the suspension or reduction of assistance payments with respect to any person who has fraudulently obtained such assistance. Requires the Secretary to maintain operating reserves with respect to anticipated claims under loan guarantees made under title II of this Act. Requires that mortgages acquired by the Secretary as security for any loans made under such title be recorded by the Secretary according to State law. Specifies time periods within which Congress may disapprove rules promulgated by the Secretary to carry out this Act. Requires the Secretary to submit to Congress: (1) a report evaluating the effectiveness of the assistance programs under this Act; and (2) legislative proposals which provide assistance to local government units adversely affected by changes of operations of business concerns and which require business concerns to provide employment information for inclusion in the job bank and matching program established under the Comprehensive Employment and Training Act. Establishes in the Department of Labor the National Employment Priorities Administration which shall carry out the provisions of this Act. Establishes a National Employment Priorities Advisory Council which shall give advice to the Secretary, evaluate the programs under this Act, and conduct various employment studies. Authorizes appropriations.
United States · United States Congress · 28 April 1983
National Outdoor Recreation Resources Review Act of 1983 - Establishes a National Outdoor Recreation Resources Review Commission to evaluate existing and potential public outdoor recreation policies, programs, and opportunities and to recommend outdoor recreation policies and activities which should be instituted at the Federal, State, and local levels and by the private sector in order to protect existing recreation resources and to meet future recreation needs. Requires the Commission to report its findings and recommendations to the President and Congress within 18 months after its establishment. Terminates the Commission six months after submission of its report. Authorizes appropriations.
United States · United States Congress · 28 April 1983
Medicare Fiscal Intermediary Amendments Act - Amends title XVIII (Medicare) of the Social Security Act to permit each provider of services to have the right to elect to have payments made by the Secretary of Health and Human Services rather than by a fiscal intermediary.
United States · United States Congress · 27 April 1983
Urges the Secretary of the Treasury, the Secretary of Agriculture, and the Attorney General to: (1) ensure that their respective agencies place as much emphasis on duties relating to the facilitation of international air commerce as is given to law enforcement duties at U.S. gateway and preclearance airports; and (2) develop jointly and implement, before the beginning of the 1984 Summer Olympics, a national plan to consolidate such functions of the agencies.
United States · United States Congress · 27 April 1983
States that: (1) Congress opposes any attempt to curtail or eliminate the use of agricultural marketing orders; and (2) it is the sense of Congress that decisions regarding the timing or implementing of such marketing orders should be made exclusively by the Secretary of Agriculture in conjunction with the affected producers.
United States · United States Congress · 25 April 1983
Amends the Ethics in Government Act of 1978 to authorize the Director of the Office of Government Ethics (OGE), in consultation with the Office of Personnel Management (OPM), to issue regulations pertaining to conflicts of interest and ethics in the executive branch. (Currently, the Director may only recommend rules for promulgation by OPM or the President.) Directs the President to: (1) include in each annual Government budget transmitted to Congress the expenditures and proposed appropriations necessary to support OGE for the next five fiscal years; and (2) include in each statement of changes in budget authority, expenditures, or receipts the effect of such changes on OGE funding. Includes certain high level White House aides among those officials whose financial disclosure reports must be transmitted to the Director. Limits the outside earned income of such individuals for a calendar year to 15 percent of their salary for such year. Requires a presidential nominee to update his or her financial report by the date of the first Senate confirmation hearing with respect to earned income received as of five days before such hearing. Permits an individual whose nomination the President or President-elect has publicly announced to file such financial report at any time after such announcement. Requires an individual to notify the designated agency official, OGE, or a Senate confirmation committee upon completing actions the individual agrees to take to comply with this Act or other ethics or conflict of interest laws. Requires the individual to make such notification by the date specified for completion of action in the agreement or, if no date is specified, within three months after the agreement is made. Directs an individual who agrees to recuse himself or herself from particular categories of official action to: (1) reduce to writing those subjects to which the agreement applies and the process for determining whether such individual must recuse himself or herself in a specific instance; and (2) file such document in lieu of such notification. Revises the conditions a trust must satisfy to be considered a qualified blind trust which is exempt from certain reporting requirements of the Ethics in Government Act of 1978. Includes among the new conditions a requirement that the supervising ethics office determine that certification of the trust as a qualified blind trust is necessary and appropriate to assure compliance with applicable ethics laws and regulations. Extends the authorization of appropriations for OGE for five years.
United States · United States Congress · 21 April 1983
Amends the Tariff Schedules of the United States to impose a one-tenth of one cent duty on apple and pear juice. (Currently, imports of such juice are duty-free.)
United States · United States Congress · 21 April 1983
Expresses the sense of the House of Representatives that the President should reduce imports of apparel to no more than 25 percent of the American apparel market.
United States · United States Congress · 7 April 1983
Prohibits the implementation of certain regulations proposed by the Office of Personnel Management (published in the Federal Register on March 30, 1983) that change the administration of the civil service system by establishing a performance management system and revising regulations concerning reductions-in-force, pay administration under the Fair Labor Standards Act, bargaining policy in labor-management relations, and the prevailing rate pay system. Voids any such regulations which became effective before enactment of this Act. Prohibits the implementation of any other regulations that would have the same effect.
United States · United States Congress · 7 April 1983
Federal Jobfare Act - Requires that each State establish and maintain an approved jobfare program as a condition of its eligibility for Federal payments or other assistance under the: (1) program of aid to families with dependent children under the Social Security Act; (2) food stamp program under the Food Stamp Act of 1977; and (3) public housing and assisted housing programs under the United States Housing Act of 1937. Requires that such State jobfare program shall require every State resident applying for or receiving aid under such Federal public assistance program to perform work in return for, and as a condition of, such aid. Directs the appropriate Federal agencies to promulgate guidelines for approval, supervision, and oversight of such State jobfare programs and to transmit such guidelines to each House of Congress. Permits such guidelines to become effective only if neither House adopts a resolution disapproving them within 30 days. Exempts specified individuals from required participation in such programs including those who are: (1) under age 18 or over age 62; (2) disabled; (3) regularly employed for at least 40 hours a week; (4) primarily responsible for the care of a child less than three years old (or for the care of a child more than two but less than six years old if suitable child care is not available at reasonable cost); (5) receiving unemployment compensation benefits under State law; (6) receiving trade adjustment assistance benefits under the Trade Act of 1974; (7) unemployed due to a strike called by a labor organization of which they are members if the State law permits the monthly allotment of food stamp coupons to households headed by individuals who are unemployed due to strikes; or (8) receiving Federal educational assistance to obtain a skill or trade. Requires that each State jobfare program must provide that if any individual who is required to participate in such program refuses to accept a bona fide offer of qualified employment or to perform qualified employment, in any month, neither such individual nor any other person in the family or household of which such individual is a member shall be eligible to receive any aid under such Federal public assistance programs for that month. Requires that State jobfare programs include provision for job counseling, assistance in obtaining employment outside the program, and job search activities. Provides for: (1) Federal matching funds to cover administrative costs of such State programs; (2) Federal cut-offs of funds to State agencies for failure to comply with this Act; and (3) Federal agency reports to Congress on such State programs. Authorizes appropriations.
United States · United States Congress · 7 April 1983
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition, "engaged in the business," with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant to be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires (instead of permits) the Secretary to grant release unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 7 April 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that an individual shall not lose his or her entitlement to child's insurance benefits if he or she married an individual who is receiving supplemental security income benefits under title XVI (Supplemental Security Income) of such Act. Amends title XVI of the Social Security Act to exclude from income for purposes of determining SSI benefits and eligibility any child's insurance benefit payable to an individual or to such individual's spouse.
United States · United States Congress · 24 March 1983
Broadcast Licensing, Renewal, and Deregulation Act of 1983 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidences such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer of the permit or license involved to a different person. Repeals certain provisions relating to the application of the antitrust laws. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) programs; (2) programming formats; (3) ascertainment; (4) commercialization; and (5) maintenance of program logs.
![Official portrait of Rep. Albosta, Donald J. [D-MI-10]](https://www.congress.gov/img/member/a000076_200.jpg)