United States · United States Congress · 28 April 1983
Dairy Production Act of 1983 - Title I: Dairy Compliance Program - Amends the Agricultural Act of 1949, as amended by the Omnibus Budget Reconciliation Act of 1982, to eliminate the 50-cent milk producer assessments. Sets milk support prices for FY 1984 and FY 1985 at $13.10 per hundredweight for those farmers producing at or below their 1981-1982 marketing history levels. Sets forth provisions for farmers with less than full, or no marketing history levels. Establishes a reduced dairy compliance price (of up to $12.00, resulting in a blend price of not less than $12.10 per hundredweight) for over production as determined by the Secretary of Agriculture. States that the difference between the price support received and the reduced dairy compliance price shall be remitted to the Commodity Credit Corporation and credited to the Dairy Stabilization Settlement Fund to provided for a FY 1984 and FY 1985 paid diversion program. Requires farmers to present the Secretary with evidence of their 1981-1982 marketing history in order to participate in such diversion program, which may be adjusted to compensate for abnormally low production as a result of a disaster. Sets forth program provisions, including: (1) a $10 per hundredweight reduced production payment; (2) reductions as determined by the producer of between five and 30 percent of the base; (3) monthly partial payments; (4) limited transferability of a producer's marketing history; (5) penalties for failure to make the agreed reductions and remit the resultant funds, and for a knowing violation of a diversion contract; and (6) limited transferability of dairy cattle to other producers. Title II: Dairy Promotion Program - Requires the Secretary to publish (with notice and opportunity for public hearing) a proposed dairy research and promotion order within 30 days of receiving a request for such proposed order. Permits such proposal to be submitted by an individual or an organization certified under this Act. Makes such order effective 90 days after the public comment period. Authorizes the Secretary to amend such orders. Sets forth required terms of such orders, including the establishment of a National Dairy Promotion and Research Board made up of at least 36 milk producer members appointed by the Secretary. Sets forth organizational and operating provisions, including penalties for disclosure and other related violations of such orders. Funds such dairy promotion, research, and nutrition education program through a 15 cents per hundredweight assessment on commercially marketed milk. Permits a credit of up to ten cents per hundredweight for contributions to qualified State or regional dairy promotion or nutrition education programs. Requires an organization to be certified by the Secretary in order to represent milk producers. Authorizes the Secretary to develop such criteria, and makes the Secretary's eligibility decision final. Requires the Secretary, within the 60-day period preceding September 30, 1985, to conduct a producer referendum on such program's continuation (approval to be by a simple majority of those voting). States that after September 30, 1985, such referenda may be held when the Secretary deems appropriate, or when requested by ten percent of the affected producers. Reimburses the Secretary from assessments collected by the Board for related expenses. Permits cooperative association representation at such referenda, provided that the association notifies its members in advance and provides them an opportunity to vote as individuals. Provides petition and review in U.S. district court for a person subject to an order. Vests enforcement powers in U.S. district courts. Sets forth penalty provisions. Grants the Secretary investigative and related authority. Authorizes appropriations. Title III: Effective Date - Makes this Act effective October 1, 1983.
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 · 19 April 1983
Dedicates the Golden Gate National Recreation Area in California to Phillip Burton. Directs the Secretary of the Interior to inform the public of the contributions of Phillip Burton through the use of signs, maps, and interpretive programs and to establish an appropriate memorial to him within the recreation area. Authorizes appropriations.
United States · United States Congress · 13 April 1983
Formaldehyde Foam Removal Tax Act - Title I: Tax Credit - Amends the Internal Revenue Code to allow individuals a refundable income tax credit for 100 percent of expenditures incurred to remove formaldehyde foam insulation from the principal residence of the taxpayer. Limits such credit to $10,000 for any taxable year. Provides that previous expenditures for urea- formaldehyde foam insulation shall not be taken into account in computing the dollar limitation on the residential energy tax credit. Title II: Responsibilities of Federal Agencies - Requires the Consumer Product Safety Commission (in the case of a dwelling unit in which formaldehyde foam has been installed) and the Department of Housing and Urban Development (in the case of a manufactured home) to provide, upon written request of any owner of a dwelling unit, a dosimeter or other device suitable for measuring the level of formaldehyde gas in such a dwelling unit. Requires followup tests by the designated agency if the results of the owner's test show a level of formaldehyde gas in excess of a specified level. Requires the designated agency to provide an owner with technical assistance to reduce the level of formaldehyde gas if such followup tests show the level of formaldehyde gas still in excess of the specified level. Requires the Consumer Product Safety Commission to conduct a survey of all public schools in the United States to determine if any such schools have formaldehyde foam insulation. Requires the Commission to submit a report to the Congress on such survey.
United States · United States Congress · 13 April 1983
Amends the Internal Revenue Code to allow a $10,000 exclusion from gross income for any amount received as an annuity, pension, or other retirement benefit.
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 · 24 March 1983
Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from restricting the hours of operation or reducing the operating power of any AM broadcast station if: (1) such restriction or reduction would prevent the station from operating at full daytime power from two hours before sunrise until two hours after sunset; and (2) operation during such period would not interfere with the protected signal of an existing station. Prohibits the Commission from denying an application for a license to operate a new AM station or an application to expand the hours of operation of an existing station solely on the grounds that: (1) the area has adequate broadcasting service; or (2) an FM channel is available for the area. Prohibits the Commission from placing an applicant for a station license or construction permit at a disadvantage because that applicant is licensed to operate a station with restricted hours in the area if such applicant certifies that it will relinquish the restricted license if its application is approved. Exempts any application to alter the hours of operation of a standard broadcast station from public notice and comment requirements.
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.
United States · United States Congress · 23 March 1983
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage, when such beverage has substantial competition from other malt beverages in an area, from: (1) entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State; or (2) limiting such distributor to the sale of such beverage for ultimate resale to consumers in such area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 23 March 1983
National Art Bank Act of 1983 - Establishes within the National Endowment for the Arts an Art Bank headed by a Director chosen by the Chairman of the Endowment. Authorizes the Director to: (1) appoint ad hoc juries of artists and art experts to assist in the selection of visual works of art; (2) select works of art with such juries' assistance; (3) provide for their safety; (4) make them available for loan to Federal supervisory authorities and to museums; (5) require those who receive fellowships in the visual arts from the Endowment to donate one of their works to the Art Bank; and (6) sponsor exhibitions. Requires the Director, when selecting work for purchase, to consider the quality of the work and the need to encourage unknown and geographically disparate artists. Authorizes appropriations for FY 1984-1986.
United States · United States Congress · 23 March 1983
Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's dependent child at an institution of higher education or a vocational school. Limits the amount of such deduction to $1,000 (adjusted for inflation) for each account per calendar year. Disallows any deduction for contributions to an account for individuals who have attained age 19. Specifies that no account may have more than one beneficiary and that no individual may be a beneficiary of more than one account. Permits the deferral of income tax on income accumulated in such education savings accounts as long as such amounts are used exclusively for educational expenses. Specifies penalties for the use of account funds for other than educational purposes. Requires that the trustee of an education savings account file reports with the Secretary of the Treasury on the maintenance of the account. Imposes penalties for not filing required reports. Extends the deduction for contributions to an education savings account to taxpayers who do not otherwise itemize deductions. Excludes from the gross income of account beneficiaries any distributions from the account made on their behalf which are used for educational expenses.
United States · United States Congress · 16 March 1983
Amends the Internal Revenue Code to permit the nonrecognition of gain from the sale of farmland development rights to a State, political subdivision, or tax-exempt organization under a farmland preservation program, provided that the taxpayer purchases farming property within 18 months before or after the date of such sale. Limits such nonrecognition to the extent that the proceeds from the sale of the farmland development rights exceed the taxpayer's purchase price for the farming property. Defines "farmland development rights" as the right of the owner of real property to use that property for purposes other than farming. Requires recapture of the amount of gain not recognized if the taxpayer sells or uses the farming property for purposes other than farming. Provides for a one-time exclusion of gain from the sale of farmland development rights by individuals who have attained age 55. Allows the owner of farmland development rights to claim a charitable contribution income tax deduction for the amount of gain foregone as a result of a sale of such rights to a State, political subdivision, or tax-exempt organization under a farmland preservation program. Sets forth rules for the allocation of basis on the sale of farmland development rights. Prescribes criteria for determining whether the contribution of farmland development rights results in a significant public benefit in a particular case.
United States · United States Congress · 16 March 1983
Amends the Internal Revenue Code to repeal the highway use tax on heavy trucks. Increases the excise tax on diesel fuel from nine cents per gallon to 12 cents per gallon in 1983 and from 12 cents per gallon to 14 cents per gallon in 1984. Requires the Secretary of the Treasury to prescribe regulations exempting from such increases diesel fuel used in automobiles and light trucks.
United States · United States Congress · 11 March 1983
Amends the Payments in Lieu of Taxes Act to repeal the provision which treats entitlement lands within two concurrent units of local government as being, for specified purposes, within the jurisdiction of the smaller of such units. Redefines the term "unit of local government" to mean a unit of that level of local government which, within a State, is the principal provider of governmental services affecting the use of public lands.
United States · United States Congress · 9 March 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 · 9 March 1983
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 8 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year over three years (one third of which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon the request of a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuing the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations remain in effect. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis, and expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 3 March 1983
World War I Veterans Service Pension Act - Directs the Administrator of Veterans Affairs to pay (in addition to any pension already paid) a monthly pension of $150 to each veteran of World War I who meets specified service requirements and to certain surviving spouses.
United States · United States Congress · 2 March 1983
Title I: Consumer Credit - Consumer Debtor Bankruptcy Amendments Act of 1983 - Amends the Bankruptcy Code to permit a bankruptcy court to dismiss a case or suspend all proceedings if it determines that a debtor whose debts are primarily consumer debts does not need the provisions of the chapter under which relief has been sought and the granting of relief under such chapter would be a substantial abuse of its provisions. Requires the Clerk of each Federal judicial district to compile statistics regarding debtors where debts are primarily consumer debts. Requires the bankruptcy judge to convene, and permits such judge to preside at, any meeting of creditors and to perform such additional judicial duties as may be required. Declares that the value of the creditor's interest in the estate's interest in consumer goods property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan effecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Permits the court to utilize other methods of valuation if no such market exists or if the court determines that resale value is inappropriate in light of the property's proposed use or disposition. Requires the debtor in bankruptcy cases to file a statement of estimated income and expenses for the year following filing of his petition. Requires the debtor, if the schedule of assets and liabilities include consumer debts secured by property of the estate, to file and serve upon each creditor holding such security and upon the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Requires that the notice of meeting of the creditors be accompanied by a copy of the statement of estimated income and expenses and that the debtor supply the clerk of the court, upon the filing of the petition, with enough copies of such statement to accommodate the listed creditors. Requires individuals filing for bankruptcy in joint or consolidated cases to elect either the Federal or State exemptions. Places an aggregate limit of $3,000 on the value of the exemption with regard to household goods and personal effects. Prohibits the debtor from utilizing the unused dollar value of the homestead exemption to exempt additional property not explicitly provided for by such Act. Repeals the provisions of such Act which currently authorize the debtor to avoid nonpurchase money security interest in property. Presumes nondischargeable any debt incurred on or within 40 days before the date of the filing of a petition under such title. Allows for rebuttal of such presumption. Allows creditors to enforce liens which have not been avoided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge and of any reaffirmation of debt. Prohibits the custodian from being an assignee under a general assignment for the benefit of the debtor's creditors that was appointed or took possession more than 120 days before the date of the filing of the petition. Permits the trustee or the court, however, to require such an assignee to file an accounting. Limits the trustee's power to avoid liens or recover payments made within 90 days of the filing of the petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified household goods and tools of the debtor's trade. Permits the court, upon notice and hearing, to avoid any lien in whole or in part, if the court finds;: (1) that the debtor has no reasonable ability to pay the redemption value of such property out of anticipated future income; and (2) the enforcement of such lien would impose undue hardship on the debtor. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence within thirty days after the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of codebtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where a reasonable portion of unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan, but was prevented from so doing by unforeseen circumstances. Title II: Agricultural Produce - Agricultural Produce Bailment Bankruptcy Amendments Act of 1983 - Requires bankruptcy courts to give priority to allowed unsecured claims of farmers arising from the sale or conversion of farm produce to or by a debtor who operates a farm produce storage facility. Specifies that such sale or conversion must have occurred within 180 days before the filing of the petition or before the cessation of the debtor's business, whichever occurs first. Limits the payment of any such claim to $2,000 per individual. Permits a bankruptcy court to expedite the procedures for determining interests in and the disposition of grain and proceeds held by debtors who own or operate grain storage facilities. Requires the court to expedite such procedures if requested by a trustee or a claimant. Sets forth factors for the court to consider before deciding whether to shorten the time periods for procedures. Lists the procedures which may be expedited. Specifies administration details. Title III: Miscellaneous - Declares that if any provision of this Act or the application thereof to any person or circumstances is held invalid the provisions of every other part and their application shall not be affected thereby. Makes the provisions of this Act effective 90 days after enactment. Declares that the amendments made by this Act shall not apply to cases pending before the date of enactment.
United States · United States Congress · 2 March 1983
Expresses the sense of the House to recognize the need for attention to the rate of increase in Federal spending and to urge the Committee on the Budget to use figures frozen at the previous fiscal year's budget levels, and not the traditional current services basis.
United States · United States Congress · 15 February 1983
Amends the Alaska National Interest Lands Conservation Act to increase the acreage of the following preserves in Alaska (thereby easing restrictions on hunting on certain lands): (1) the Katmai National Preserve; (2) the Gates of the Arctic National Preserve; (3) the Noatak National Preserve; (4) the Lake Clark National Preserve; (5) the Wrangell-Saint Elias National Preserve; (6) the Denali National Preserve; (7) the Kenai Fjords National Preserve; (8) the Glacier Bay National Preserve; and (9) the Aniakchak National Preserve.
United States · United States Congress · 10 February 1983
Veterans' Education Assistance Act of 1983 - Establishes a new educational assistance program for the all-volunteer force. Excludes graduates of service academies from eligibility for such assistance. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least three years to basic educational assistance. Entitles veterans of the Selected Reserve who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $200 for a full-time approved program of education. Permits the Secretary concerned to establish a higher rate of assistance, but not more than $400 a month, for individuals possessing a skill or specialty designated as being in critical shortage. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Entitles veterans who have served five or more consecutive years of active duty in addition to those required for basic educational assistance to supplemental educational assistance. Entitles veterans of the Selected Reserve who have served two or more consecutive years of active duty and four or more consecutive years of duty in the reserves in addition to that required for basic educational assistance to supplemental educational assistance. Entitles such veterans to a monthly supplemental assistance allowance of $100 a month. Permits the provision of assistance at a higher rate, but not more than $300 monthly, to any individual entitled to basic educational assistance who has a skill or specialty in which there is a critical shortage of personnel. Permits the Secretary of Defense to authorize specified individuals to transfer to a dependent part or all of such individuals' entitlement to educational assistance. Sets forth the conditions under which transferred benefits may be provided. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharges and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance. Allocates the administration and costs of such programs to the Veterans Administration, the Department of Transportation, and the Department of Defense Education Benefits Fund. Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs. Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981. Directs (rather than permits) the Secretary of each military department to establish a program to provide educational assistance to members of the Selected Reserve who agree to remain in such Reserve for at least six years. Sets forth the amount of such assistance. Requires that such assistance be given for pre-degree work at an institution of higher learning. Sets forth further eligibility requirements for such assistance. Establishes a delimiting period of ten years from the date of entitlement or from the date of separation from service, whichever comes first. Prohibits the provision of assistance to any member already receiving assistance as a member of the Senior Reserve Officers' Training Corps program or a member who fails to perform satisfactorily in training. Expands the penalties for failure to participate satisfactorily in such program to include orders to active duty. Designates the Veterans Administration to administer such program. Directs the Secretary of Defense to report to Congress annually rather than quarterly on its operation. Establishes in the Treasury a Department of Defense Education Benefits Fund to be administered by the Secretary of the Treasury for the accumulation of funds to finance Department education liabilities on an actuarially sound basis. Directs the Secretary of the Treasury to transfer amounts from the Fund to the Administrator of Veterans Affairs and to the Secretary of Defense as necessary to make required payments. Establishes in the Department of Defense a Department of Defense Education Benefits Board of Actuaries to: (1) report annually to the Secretary on the actuarial status of the Fund; (2) report not less than every four years to Congress and the President on the valuations and status of the fund; and (3) determine the present value of future benefits payable from the Fund. Directs the Secretary to: (1) make periodic actuarial valuations of the educational programs; (2) determine an amortization methodology and schedule for the liquidation of gains or losses to the Fund; and (3) determine the amount necessary to be appropriated for the Fund for each fiscal year. Sets forth other terms and conditions for administering such Fund. Permits the Secretary concerned to grant an eligible member a leave of absence of not more than two years for such member to pursue a program of education. Sets forth the terms and conditions for such leave. Requires the Secretary concerned to provide individual predischarge counseling which includes a discussion of educational benefit entitlements.
United States · United States Congress · 10 February 1983
Amends the Ocean Thermal Energy Conversion Act of 1980 to authorize appropriations to the Secretary of Commerce for FY 1984 and 1985 to be used by for the use of the Administrator of the National Oceanic and Atmospheric Administration in carrying out such Act. Provides that the ocean thermal energy conversion facilities to be authorized and regulated under such Act shall be facilities located in whole or in part between the highwater mark and the seaward boundary of the territorial sea. Prohibits the issuance of a license for the ownership, construction, or operation of an ocean thermal energy conversion facility if the proposed facility will be documented under the laws of a foreign nation. Provides that marine environmental protection and safety regulations shall apply only to ocean thermal energy conversion facilities which have major components, other than water intake or discharge pipes, located seaward of the highwater mark. Makes technical and conforming amendments. Requires the Administrator to report to the President of the Senate and the Speaker of the House of Representatives on the administration of the Ocean Thermal Energy Conversion Act of 1980 during each of FY 1984 and 1985. (Under current law, the Administrator must report on the administration of such Act through FY 1983.)
United States · United States Congress · 10 February 1983
Eliminates the social security offset against annuities provided under the Survivor Benefit Plan of the armed service when the benefits received are based on the annuitant's own employment.
United States · United States Congress · 8 February 1983
Designates the Mono Lake National Monument in California. Provides that the monument area shall become part of the Inyo National Forest. Directs the Secretary of Agriculture to acquire the lands and waters within the monument. Specifies acquisition procedures. Requires the Secretary to protect the geologic, ecologic, and cultural resources and to provide for recreational use of the monument. Requires the Secretary to permit the full use of the monument for scientific study and research. Permits individuals holding currently valid grazing permits within the monument boundaries to continue to exercise grazing rights. Permits the reissuance of existing permits to the current permit holder as of the enactment of this Act. Requires the Secretary to submit to specified congressional committees a comprehensive management plan for the monument. Requires the construction of a visitor center within the monument. Withdraws federally owned lands and waters within the monument from entry or appropriation under the mining laws, from operation of the mineral leasing laws and the Geothermal Steam Act of 1970, and from disposition under the public land laws. Requires the Secretary, in cooperation with the Secretary of the Interior, the State of California, the city of Los Angeles, and the Mono County Board of Supervisors, to study and report to specified congressional committees on the consumptive use of water diverted from the Mono Lake basin. Requires the Secretary to contract with the National Academy of Sciences for a study of the biological, ecological, historical, and aesthetic values of Mono Lake and the impacts of declining water levels thereon. Requires the Academy to transmit such study to specified congressional committees and to the Chief of the Forest Service by January 1, 1987. Authorizes appropriations.
United States · United States Congress · 7 February 1983
National Heritage Resource Act of 1983 - Amends the Internal Revenue Code to allow creators of artistic properties an income tax deduction for the current fair market value of literary, musical, or artistic compositions which they contribute to charitable organizations. Requires: (1) that the artistic property be created by the taxpayer at least one year prior to the time of such contribution; (2) that the fair market value of such property be appraised within one year of the date of contribution; and (3) that the donee of such property show that the use of the property will be related to the charitable purpose or function of his organization. Denies a fair market value deduction for contributions of any letter, memorandum, or similar property produced by a Federal or State employee which arose out of the performance of such employee's official duties. Exempts such fair market value deduction from the application of the minimum tax.
United States · United States Congress · 2 February 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code of 1954 to permit the continued issuance of tax-exempt (interest excluded from gross income) mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 26 January 1983
American Conservation Corps Act of 1983 - Directs the Secretary of the Interior, in cooperation with the Secretary of Agriculture, to establish and administer a public lands conservation, rehabilitation, and improvement program called the American Conservation Corps. Requires the Secretary to provide assistance to program agencies (any Federal or State agency responsible for the management of public lands) to establish and operate residential and nonresidential conservation centers to implement program projects. Describes the types of projects which will receive program preference. Limits program projects to those on public lands or Indian lands, except where projects on nonpublic lands provide documented public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Makes persons eligible for enrollment and employment in the program if they are: (1) unemployed; (2) between the ages of 16 and 25 years; and (3) citizens, lawful permanent residents, or lawfully admitted alien parolees or refugees. Provides that, in the selection of enrollees for the program, preference shall be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. Authorizes the Secretary to award grants to, or enter into agreements with, program agencies for the funding and operation of conservation centers. Authorizes appropriations for FY 1983 through 1989. Requires that such appropriations come from specified Treasury receipts. States that program enrollees shall not be deemed Federal employees, except for certain purposes. Directs the Secretary to establish pay rates and to coordinate the program with related Federal, State, local, and private activities. Directs the Secretary to submit a report to Congress, within one year of enactment of this Act, on the feasibility of allowing enrollees who have completed two years in the program an exemption from training and service under the Military Selective Service Act. Directs the Secretary to make arrangements with educational institutions to award academic credit to enrollees for competencies developed under this Act. Authorizes program agencies to make arrangements with such institutions for academic study by enrollees during nonworking hours. Requires program agencies to provide certification of skills acquired by program participants and to provide job guidance and placement information as necessary. Directs the Secretary to submit an annual report to the President and Congress detailing the activities carried out under this Act. Entitles to an appeal to the Merit Systems Protection Board any Federal employee displaced rightly or wrongly by activities under this Act. Grants similar appeal rights to the employees of any contract grantee similarly displaced.
United States · United States Congress · 26 January 1983
Law Enforcement Officers Protection Act of 1982 - Establishes criminal penalties applicable to licensees under the Gun Control Act of 1968 who import, manufacture, or sell a "restricted handgun bullet," except as authorized by the Secretary of the Treasury. Establishes additional criminal penalties, including a mandatory minimum sentence of one year's imprisonment, for: (1) using a restricted handgun bullet to commit a Federal felony; or (2) carrying a restricted handgun bullet unlawfully during commission of a Federal felony.
United States · United States Congress · 25 January 1983
Prohibits the Federal Trade Commission from investigating or taking any action concerning any State regulated profession until Congress enacts legislation which expressly provides that the Commission has authority over professions and that the Commission's authority preempts State authority. Vacates any such action taken during the period beginning on January 25, 1983, and ending on the date of enactment of this Act.
![Official portrait of Rep. Byron, Beverly B. [D-MD-6]](https://www.congress.gov/img/member/b001220_200.jpg)