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 · 24 March 1983
Authorizes the Smithsonian Institution to purchase land in Santa Cruz County, Arizona, for the permanent headquarters of the Fred Lawrence Whipple Observatory. Authorizes appropriations.
United States · United States Congress · 24 March 1983
Expresses the sense of the Congress that the President should express U.S. opposition to the Soviet Union's policies of forced labor. Declares that the Soviet Union should cease such practices and honor their international commitments.
United States · United States Congress · 24 March 1983
Expresses the sense of the Congress that: (1) the President should, as soon as possible, form a bipartisan National Commission on Natural Gas Pricing to make recommendations on natural gas pricing reforms which will ensure adequate natural gas supplies and fair prices; and (2) such Commission should transmit its recommendations to the Congress in time for introduction and passage of legislation before the next winter heating season.
United States · United States Congress · 23 March 1983
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase from $50,000 to $100,000 the amount of death benefits paid to the survivors of public safety officers.
United States · United States Congress · 22 March 1983
Small Business Administration State Development Company Program Amendments of 1983 - Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA) to purchase or guarantee any debenture issued by a qualified State development company unless such debenture is collateralized by industrial development bonds. Requires debentures so purchased or guaranteed to be treated on an equal basis in repayment and liquidation with those funds borrowed by the qualified State development company unless the SBA determines that such debentures may be subordinate to the company's other debts and obligations.
United States · United States Congress · 21 March 1983
Authorizes appropriations for FY 1984 through 1988 to the General Services Administration for: (1) the National Historical Publications and Records Commission; and (2) funds to Federal, State, and local agencies and to nonprofit organizations for the collection, preservation, and publication of historically significant documents.
United States · United States Congress · 21 March 1983
Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Redefines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "unlawfully". Increases the additional penalty imposed for such offense to not less than five years' imprisonment for a first offense (currently, one to ten years) and ten years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses.
United States · United States Congress · 21 March 1983
Amends the veterans' educational assistance program to extend the delimiting period for use of educational benefits by Vietnam veterans from ten to 20 years, through December 31, 1995, at the latest.
United States · United States Congress · 17 March 1983
Unemployment Compensation Fairness Act of 1983 - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise State trigger provisions to provide that extended benefits will be payable in any State in which the seasonally adjusted rate of regular unemployment averaged nine percent or more for the most recent three calendar months for which data are available. Permits States to pay extended benefits on the basis of area triggers.
United States · United States Congress · 17 March 1983
Declares that Congress: (1) condemns the violence in Northern Ireland; (2) urges U.S. citizens to refrain from any action which contributes to the violence there; (3) urges the parties to seek an early political settlement that secures the rights of both sides and achieves Irish unity; (4) believes that a reconciliation can be found between the two Irish political traditions and between Great Britain and Ireland; and (5) requests the President to convey to Britain and to Ireland the desire of Americans for lasting peace in Northern Ireland.
United States · United States Congress · 16 March 1983
Amends the Small Business Act to prohibit the Small Business Administration (SBA) from: (1) refusing to accept and consider a referral from a Government procurement officer of a matter in which the eligiblity of a small business as a Government contractor for a specific Government contract is in question; or (2) limiting the availability of any certification of a small business as an eligible Government contractor on account of the anticipated dollar value of the contract, the nature of the work to be performed, or any other factors unrelated to responsibility or eligibility issues. Provides that no small business shall be denied the opportunity to submit its offer for a Federal contract solely because: (1) it is not on a qualified bidders list; (2) its products are not on a qualified products list; or (3) it has not received prior approval from a Federal agency to submit its offers relating to a certain type of work or class of contracts. Requires that Federal contracts up to $25,000 include a policy clause declaring that small businesses shall have the maximum practicable opportunity to participate in Federal contracts. (Under current law, Federal contracts up to $10,000 are required to include such clause.) Specifies identification requirements for subcontracting plans contained in the SBA's annual report to the House and Senate Small Business Committees on subcontracting plans which do not contain maximum practicable opportunities for small businesses to participate in such contracts. Requires that a procurement requirement be set aside for exclusive competition among small businesses if the Government procurement officer expects that: (1) offers will be obtained from at least two responsible small businesses offering the products of different small businesses; and (2) awards will be made at reasonable prices. Requires Federal agencies to reduce the number of requirements to be contained in its contract solicitations in order to promote the maximum practicable opportunity for small businesses to submit offers. Sets forth the conditions which must exist in order for a Federal agency to solicit an offer from only one source or to negotiate with only one source for the purchase of spare or replacement parts. Provides that when there is a conversion to contract of commercial activities not being presently performed by a private commercial source, such activities shall be set aside for exclusive competition among small businesses or awarded pursuant to the Government procurement contract set-aside program for small business under the Small Business Act. Requires that total labor surplus area set-asides be authorized if the Government procurement officer expects that: (1) offers will be obtained from at least two responsible businesses; and (2) awards will be made at reasonable prices. Requires that Federal agencies award contracts and encourage the placement of subcontracts on the basis of total and partial small business-labor surplus area set-asides and total and partial small business set-asides. Requires Federal agencies to establish goals each year for the award of their procurement contracts and subcontracts to: (1) small businesses which perform a substantial proportion of their production in areas of concentrated unemployment or underemployment or within labor surplus areas, in addition to those small businesses owned and controlled by socially and economically disadvantaged individuals; and (2) small businesses generally. Eliminates the requirement that such goals apply to procurement contracts of $10,000 or more. Sets forth requirements for the establishment of such goals. Requires that procurement contracts of $25,000 or less be reserved exclusively for small businesses unless the contracting officer is unable to obtain reasonable offers from two or more small businesses. Requires a presumption that procurement contracts between $25,000 and $2,000,001 may be awarded through the small business set-aside program. Requires that contracting officers, to the maximum extent practicable, choose a payment method which minimizes paperwork and facilitates prompt payment to small businesses.
United States · United States Congress · 16 March 1983
Amends the Internal Revenue Code to allow individuals with developmental disabilities an income tax deduction for extra commuting expenses incurred as a result of such disability. Extends such deduction to taxpayers who do not otherwise itemize deductions.
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 · 16 March 1983
States that the Government should restore balance to the Department of Energy's FY 1984 budget by maintaining funding for energy conservation, solar and renewable energy, and weatherization programs and by distributing information on conservation and renewable and solar energy.
United States · United States Congress · 10 March 1983
Air Travelers Security Act of 1983 - Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 10 March 1983
Prohibits the Secretary of the Interior, with respect to specified submerged areas located in the Pacific Ocean off the California coastline and in the Atlantic Ocean off the Massachusetts coastline, from: (1) issuing any oil and gas lease; (2) granting any license or permit for any activity which both affects the areas and involves drilling for oil and gas; and (3) approving any exploration plan or any development and production plan which provides for such activities. Terminates the provisions of this Act of January 1, 2000.
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
Establishes the Commission on the Bicentennial of the United States Constitution. Requires the Commission to: (1) plan and develop appropriate activities to commemorate the bicentennial of the Constitution; (2) encourage private organizations, and State and local governments to organize and participate in bicentennial activities; (3) serve as a clearinghouse for the collection and dissemination of bicentennial information; and (4) coordinate commemorative activities relating to the bicentennial of the Constitution. Directs the Commission to seek assistance from governmental agencies and organizations. Requires the Commission to submit: (1) a comprehensive report of its recommendations to the President, Congress, and the Judicial Conference within two years of enactment of this Act; and (2) an update of its recommendations each year after submitting the comprehensive report, but before September 30, 1988. Terminates the Commission on September 30, 1988. Authorizes appropriations for FY 1983 and such sums as necessary through FY 1988.
United States · United States Congress · 8 March 1983
Vietnam Veterans Agent Orange Relief Act - Establishes a presumption of service-connected disability for veterans exposed to herbicides during service in Southeast Asia during the Vietnam era who suffer from specified diseases which may be caused by exposure to such herbicides, developed to a ten percent degree of disability. Permits the Administrator of Veterans Affairs to determine what other diseases may be due to exposure to herbicides, chemicals, or environmental hazards. Directs the Administrator to promulgate regulations within one year of enactment incorporating such determinations and setting forth the standards used to reach them.
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 · 7 March 1983
Permits bringing claims for damages under the Federal Tort Claims Act for the personal injury or death of a member of the Armed Forces serving on active duty. States such claims must arise out of medical or dental care furnished in a Department of Defense Hospital.
United States · United States Congress · 3 March 1983
Vietnam Veterans National Medal Act - Directs the Secretary of the Treasury to coin and sell a medal in honor of the members and former members of the Armed Forces who served in Vietnam. Declares that the Secretary shall offer such medals for sale to the public at a price sufficient to cover the cost of minting and distributing of such medals.
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 · 3 March 1983
Amends the Foreign Assistance Act of 1961 to provide that American military assistance may not be provided to El Salvador unless the President, after consulting with Congress, transmits to Congress a report stating that: (1) El Salvador has engaged in negotiations with all concerned parties to end the conflict there; or (2) El Salvador cannot proceed with such negotiations because specified parties are not willing to participate in the negotiation process. Provides that any unobligated funds allocated pursuant to this Act shall be: (1) used for development assistance projects in El Salvador; (2) used for aid for persons displaced by the strife; or (3) deposited in the U.S. Treasury. Permits the introduction of U.S. forces into El Salvador to evacuate U.S. citizens or if there is a clear and present danger of attack upon the United States.
United States · United States Congress · 3 March 1983
Small Business Participating Loan Act of 1983 - Amends the Internal Revenue Code to allow a nonrefundable investment tax credit of 30 percent of the proceeds of a small business participating loan issued by a socially and economically disadvantaged small business and 20 percent of the proceeds of such a loan issued by a non-disadvantaged small business. Limits such credit to $30,000 ($60,000 in the case of a joint return) for such loans issued by a disadvantaged small business and $20,000 ($40,000 in the case of a joint return) for loans issued by a non-disadvantaged small business. Disallows such credit for loans issued by a related party and loans disposed of prematurely. Allows the carryover of any unused portion of such credit to each of the seven taxable years following the original credit year. Treats as long-term capital gain amounts actually paid to a taxpayer, with respect to a small business participating loan, which constitute the distribution of a share of the earnings of the issuer. Denies such capital-gain treatment in cases where the taxpayer would not qualify for the tax credit. Treats losses on a small business participating loan as ordinary losses. Allows an interest expense deduction for interest and share-of-earnings payments made on a small business participating loan. Treats as ordinary income the original issue discount interest of a small business participating loan. Defines "small business participating loan" as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears a stated interest rate of not less than six percent; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines a "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of all of whose outstanding small business participating loans does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission.
United States · United States Congress · 3 March 1983
Amends the Internal Revenue Code to provide homebuilders with an income tax credit for the construction of residences which incorporate a passive solar energy system. Directs the Secretary of the Treasury, after consultation with the Secretaries of Energy and Housing and Urban Development, to prescribe regulations setting forth a solar construction credit table for purposes of determining the amount of the credit for which the incorporator of the solar energy system is eligible. Limits the dollar amount of such credit to $2,500. Phases out such credit in annual increments after 1988. Defines "passive solar energy system" as a system which contains a solar collection area, an absorber, a storage mass, a heat distribution method, and heat regulation devices. Requires such system to be installed in a new residence after September 30, 1983 and before January 1, 1992.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Sakharov Day.
United States · United States Congress · 2 March 1983
Elementary School Guidance and Counseling Incentive Act - Amends the Elementary and Secondary Education Act of 1965 to authorize appropriations: (1) for FY 1984 through 1988 for comprehensive elementary school guidance and counseling programs, supplemental grants to States for such programs and research and demonstration programs; (2) through FY 1988 for employment of one new and/or additional elementary guidance counselor per school district, evaluation of programs, and in-service counselor training; and (3) for teacher and counselor centers. Provides formulas, based on the population of elementary school children, for determining allotments to States for such programs. Directs the Assistant Secretary of Elementary/Secondary Education to administer State allotments and State plans through the Office of Guidance and Counseling of the Department of Education. Requires that each State, to be eligible for such allotments, submit to the Assistant Secretary a State plan for providing comprehensive elementary school guidance and counseling programs for a five-year period, with necessary annual revisions, which meets such criteria as the Assistant Secretary may by regulation prescribe. Sets forth required provisions of such plans and programs. Provides for appeal by a State of a final action of the Assistant Secretary to a circuit court of appeals. Authorizes the Assistant Secretary, through the Office of Guidance and Counseling, to make supplemental grants to States with approved plans for distribution to local educational agencies and for support of State agency leadership activities on the basis of statewide needs and priorities in elementary school guidance and counseling. Sets forth approved uses of such grants. Directs the Assistant Secretary to carry out a research and demonstration program relating to elementary and secondary school guidance and counseling. Directs the Assistant Secretary to make an annual evaluation report to the appropriate congressional committees. Amends the Higher Education Act of 1965 to include training for counselors under the teacher centers program. Provides for a program of in-service training for elementary school guidance counselors. Requires the designation of professionally trained counselors: (1) at the Federal level, to provide information on, and to administer, such programs; and (2) at the State, local school district, and intermediate administrative unit levels, to supervise such programs.
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.
![Official portrait of Rep. Conte, Silvio O. [R-MA-1]](https://www.congress.gov/img/member/c000709_200.jpg)