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 · 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 · 8 March 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: one a new intermediate-level adjudication process; the other 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 · 7 March 1983
Amends the Tariff Act of 1930 to make available certain information contained in the manifests of cargo vessels arriving in the United States. Provides that such information shall not be made available for public disclosure if such information must be kept secret for reasons of national defense or foreign policy. Requires the Secretary of the Treasury to establish procedures to provide access to such manifests.
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 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
Amends the Internal Revenue Code to exempt from the tax on unrelated business income any income received by a tax-exempt organization from the sale, exchange, or rental of names from donor lists or membership lists.
United States · United States Congress · 2 March 1983
Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and articles of fur from animals that were caught in such traps. Sets forth penalties for violations of this Act.
United States · United States Congress · 2 March 1983
Helen Keller National Center Act - Repeals provisions of the Rehabilitation Act of 1973 relating to the Helen Keller National Center. Directs the Secretary of Education to continue to administer and support the Center. Sets forth the purposes of the Center as follows: (1) to provide specialized intensive services for deaf-blind persons; (2) to train personnel to provide such services; and (3) to conduct applied research, development, and demonstrations relating to communication techniques, teaching methods, aids, and devices, and delivery of services. Requires an annual independent audit of the Center. Directs the Secretary of Education to ensure that: (1) Center service and training programs are monitored regularly; and (2) Center operation is evaluated annually, with written reports to the President and the Congress submitted by specified deadlines. Authorizes appropriations for FY 1984 through 1988 for Center operation and maintenance for use in accordance with guidelines or regulations prescribed by the Secretary. Defines "Helen Keller National Center for Deaf-Blind Youths and Adults" to mean that facility and its affiliated network. Provides that nothing in this Act shall in any way cause to affect or modify any existing or future agreement between any Federal department, agency, or instrumentality and the Industrial Home for the Blind, Inc., or its successors or assignees, with respect to the Helen Keller National Center for Deaf-Blind Youths and Adults. Makes technical and conforming amendments.
United States · United States Congress · 2 March 1983
Expresses the sense of Congress that: (1) the fill rate proposed by the administration for the Strategic Petroleum Reserve is insufficient and inconsistent with existing law; and (2) the reserve should be filled at least at the minimum rate prescribed by law.
United States · United States Congress · 1 March 1983
Amends the National Labor Relations Act to authorize the Secretary of Labor to prohibit the awarding of Federal contracts to persons who have violated certain judicial orders or orders issued by the National Labor Relations Board. Limits the period of such ban to not more than three years after the Secretary has certified the identify of such person to the Comptroller General. Permits the awarding of Federal contracts to such person during the period of the ban if the Federal agency or department, after notice and opportunity for hearing to all interested parties, certifies to the Secretary that there is no other source for the material or services furnished by such person.
United States · United States Congress · 1 March 1983
Emergency Educational Facilities Repair and Renovation for Jobs Act - Title I: Elementary and Secondary Educational Facilities - Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds under this title to local educational agencies (LEAs) to employ unemployed individuals in maintenance, repair, renovation, and reconstruction of public school facilities. Requires States desiring to receive an allocation of such funds to submit a statement of assurances to the Secretary of Education concerning allocation of funds to LEAs and compliance with fiscal control and fund accounting procedures. Directs the Secretary to allocate one percent of such funds to specified U.S. territories and possessions and the remainder among the States and the District of Columbia on the basis of relative numbers of: (1) unemployed residents; (2) unemployed residents of areas of substantial unemployment (at least six and one-half percent for the most recent 12 months); (3) "excess" (number of unemployed individuals in excess of four and one-half percent of the civilian labor force either in the State or in areas of substantial unemployment) unemployed residents; and (4) low-income children. Prohibits the State educational agency (SEA) from reserving from the amount allocated to the State more than (1) one percent for administrative cost; and (2) four percent for special needs. Directs the SEA, from the remainder, to allocate: (1) three-fourths among counties on the basis of relative numbers of unemployed residents and within each county according to the fund distribution formula under specified provisions of the Education Consolidation and Improvement Act of 1981 (ECIA); and (2) one-fourth among the LEAs on the basis of such ECIA formula. Requires that at least 70 percent of the funds made available to any LEA under this title be used for salaries and wages and associated benefits for individuals employed directly or indirectly by the LEA in such public school facilities repair, renovation, or reconstruction programs. Requires that, to the maximum extent feasible, funds under this title be used for projects and activities for which on-site labor can begin within 90 days of receipt of such funds. Requires that such funds be used in accordance with State and local procedures for: (1) assisting SEAs and LEAs to conform their public school facilities with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with post-construction requirements of government environmental protection or health and safety programs; (2) public school facilities repair, renovation, and reconstruction; (3) conversion of presently unused structures into adult training centers; (4) energy efficiency remodeling or renovation; and (5) asbestos detection, removal, or containment in facilities used by students. Authorizes the Secretary, on request, to issue rulings to any SEAs or LEAs on the proper construction and application of this title. Title II: Reconstruction at Postsecondary Institutions and Renovation of Academic Facilities - Directs the Secretary to carry out programs of financial assistance to institutions of higher education and to higher education building agencies for the reconstruction or renovation of academic facilities and libraries if the primary purpose of such assistance is to enable such institutions to: (1) economize on the use of energy resources, with a priority for the use of coal, solar, and renewable resources; (2) conform their academic facilities and libraries with specified requirements under the Architectural Barriers Act of 1968 and the Rehabilitation Act of 1973, and with post-construction requirements of government environmental protection or health and safety programs; (3) reconstruct and renovate research facilities; and (4) detect, remove, or contain asbestos hazards in facilities used by students. Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds to States to employ unemployed individuals in maintenance, repair, renovation, and reconstruction of academic facilities at institutions of higher education. Sets forth annual State plan requirements for any State desiring to participate in the grant program under this title. Directs the Secretary to prescribe basic criteria for the consideration of State plans. Sets forth provisions for allocation of funds which are similar to those for title I of this Act (except that the factor of relative numbers of low- income children is replaced by relative numbers of students enrolled in institutions of higher education in each State). Sets forth provisions for use of funds and for the Secretary's authority which are similar to those for title I of this Act. Title III: Public Library Facilities - Authorizes appropriations for FY 1983 through 1988 to the Department of Education to provide funds for the repair, renovation, remodeling, and alteration of facilities for public libraries. Directs the Secretary to allot from such funds to each State the minimum allotment specified under certain provisions of the Library Services and Construction Act. Provides for the allocation of the remainder of such funds among the State on a similar basis as those for allocation under titles I and II of this Act (but without the factors of relative numbers of low-income children or college students). Sets forth provisions for use of funds which are similar to those under titles I and II of this Act, but requires that only 60 percent (rather than 70 percent) of such funds be used for salaries and wages of the individuals employed in maintenance, repair, renovation, or reconstruction. Directs State library administrative agencies, to the maximum extent feasible, to consider relative unemployment in each county in determining projects to be funded under this title. Directs the Secretary to administer this title under existing regulations for title II (Public Library Construction) of the Library Services and Construction Act, but may, on request, issue rulings to any State on issues concerning the proper construction and application of this title. Title IV: General Provisions - Sets forth nondiscrimination provisions and other general requirements. Prohibits the employment, in a subsidized wage position under this Act, of individuals who have voluntarily terminated without good cause, within the preceding six months, full-time employment at or exceeding the Federal minimum wage. Requires that individuals in employment subsidized under this Act be paid at either the highest of the federal minimum wage, the applicable State or local minimum wage, or the prevailing wage for employment in similar occupations by the same employer. Sets forth program labor standards relating to conditions of employment and training, health and safety standards, workers' compensation benefits, and job benefits and working conditions. Prohibits use of funds under this Act for contributions on behalf of any participant to retirement systems or plans. Prohibits displacement of any currently employed worker by participants in programs funded under this Act. Prohibits such programs from impairing existing contracts for services or collective bargaining agreements. Requires the written concurrence of the labor organization and the employer concerned before any such program which would be inconsistent with the terms of a collective bargaining agreement may be undertaken. Prohibits program participants from being employed or job openings being filled when: (1) any other individual is on layoff from the same or any substantially equivalent job; or (2) the employer has terminated the employment of any regular employee or otherwise reduced its work force with the intention of filling the vacancy by hiring a participant whose wages are subsidized under this Act. Prohibits creation of jobs in a promotional line that will infringe in any way on the promotional opportunities of currently employed individuals. Requires recipients of funds under this Act to provide the Secretary with assurances that none of such funds will be used to assist, promote, or deter union organizing. Requires that an opportunity for comment be provided for any labor organization representing a substantial number of employees engaged in similar work or training in the same areas as that proposed to be funded under this Act. Applies the wage rate requirements of the Davis-Bacon Act to all laborers and mechanics employed by contractors or subcontractors in works federally assisted under this Act.
United States · United States Congress · 1 March 1983
Educational Opportunity and Equity Act of 1983 - Amends the Internal Revenue Code to allow an income tax credit for 50 percent of the tuition paid to an elementary or secondary educational institution for any dependents who have not attained the age of 20. Limits such credit to: (1) $100 in 1983; (2) $200 in 1984; and (3) $300 in 1985 and thereafter. Phases out such credit for families with adjusted gross incomes between $40,000 and $60,000 per year. Makes ineligible for such credit families with an adjusted gross income in excess of $60,000 per year. Disallows such credit for tuition paid to schools found to maintain racially discriminatory policies. Requires all educational institutions which receive tuition payments for which such credit is taken to file with the Secretary of the Treasury a statement, subject to the penalties for perjury, declaring that the institution does not follow a racially discriminatory policy. Requires a taxpayer claiming such credit to attach a copy of such statement to the income tax return. Authorizes the Attorney General, upon the filing a petition alleging racial discrimination, to bring an action for declaratory judgment against an educational institution to determine whether the institution has followed a racially discriminatory policy.
United States · United States Congress · 24 February 1983
Water Supply Rehabilitation and Conservation Act of 1983 - Authorizes the Secretary of the Army, through the Chief of Engineers, to make loans for the rehabilitation, expansion, or improvement of certain water supply systems to: (1) any department, agency, or instrumentality of a State or local government which operates a water supply system for at least 10,000 persons; or (2) any person who operates a water supply system under certain conditions. Prohibits such loans from exceeding 80 percent of the cost of such water supply project. Limits the amount the Secretary may lend under this Act, in any fiscal year: (1) to any water system supply operator; and (2) for water supply projects in any State. Prohibits any loans under this Act: (1) which do not have a purpose related to water supply or water conservation; (2) for water acquisition by one water supplier of another water supplier who services more than 1,000 persons; or (3) for any project solely intended to increase the number of persons served by a water supply system. Sets forth procedures for applying for such loans (including the payment of one percent of the amount of such loan requested). Authorizes the Secretary to make loans under this Act only to technologically and financially feasible systems which constitute a reasonable risk under this Act. Authorizes the Secretary to make loans under this Act to an operator of a water supply system only if the Secretary determines that such operator will implement a model water conservation program or its equivalent. Defines "model water conservation program." Requires the Secretary to enter into an agreement with each person to whom a loan is made under this Act. Sets forth some of the terms of such agreement. Directs that amounts submitted with loan applications and loan repayments be deposited in the Treasury. Authorizes appropriations for FY 1984 through 1987.
United States · United States Congress · 24 February 1983
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan to identify the research needed to develop an effective treatment and a cure for neurofibromatosis. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires the Commission to make a final report to the President and to each House of Congress within two years. Terminates the Commission three months after submission of the final report.
United States · United States Congress · 24 February 1983
Expresses the sense of Congress that: (1) noncompliance with the regulations established by the International Whaling Commission undermines international whale conservation efforts; (2) the President should encourage those nations which have filed objections to the International Whaling Commission's ban on commercial whaling to withdraw their objections; and (3) the Secretary of State, in reviewing the allocations of the total allowable level of foreign fishing under specified agreements, should consider whether a foreign nation filed an objection to the Commission's ban on commercial whaling and has not withdrawn its objection.
United States · United States Congress · 23 February 1983
Amends the Internal Revenue Code to provide that the fact that a motor vehicle operating agreement contains a terminal rental adjustment clause shall not be taken into account in determining whether such agreement is a lease. Defines "motor vehicle operating agreement" to mean any agreement with respect to a motor vehicle under which the lessor (1) is personally liable for the repayment of, or (2) has pledged property, other than property subject to the agreement or property directly or indirectly financed by indebtedness secured by property subject to the agreement, as security for, all amounts borrowed to finance the acquisition of property subject to the agreement. Defines "terminal rental adjustment clause" to mean a provision of an agreement which permits or requires the rental price to be adjusted upward or downward by reference to the amount realized by the lessor under the agreement upon sale or other disposition of such property.
United States · United States Congress · 23 February 1983
Title I: Essential Preventive Programs for Children - Subtitle A: Child Welfare; Adoption; Juvenile Justice Runaway Youth - Makes appropriations for FY 1984 to enable the Secretary of Health and Human Services to cooperate with State public welfare agencies in establishing, extending, and strengthening child welfare services, pursuant to the authority contained in specified provisions of the Adoption Reform and Child Welfare Act of 1980 and the Social Security Act. Reauthorizes the program of Federal payments for dependent children voluntarily placed in foster care (by eliminating the October 1, 1983, termination date for such program) under the Adoption Assistance and Child Welfare Act of 1980. Authorizes appropriations for FY 1984 for grants to States for child abuse and neglect prevention and treatment programs under the Child Abuse Prevention and Treatment Act. Authorizes appropriations for FY 1984 for demonstration projects under such Act. Authorizes appropriations for FY 1984 to carry out provisions relating to adoption opportunities under title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978. Authorizes and makes appropriations for FY 1984 to make grants and contracts under the Child Abuse Prevention and Treatment Act of 1978 for programs and projects to prevent, identify, and treat sexual abuse of children. Limits to ten percent the amount of such funds which may be used for research. Makes appropriations for FY 1984, pursuant to the above authorizations of appropriations for: (1) grants to States under the Child Abuse Prevention and Treatment Act; (2) demonstration projects under such Act; (3) adoption opportunities under title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978; and (4) programs and projects related to the treatment of sexual abuse of children. Amends the Omnibus Budget Reconciliation Act of 1981 to eliminate the ceiling on appropriations to carry out title II (Programs and Offices) of the Juvenile Justice and Delinquency Prevention Act of 1974. Makes appropriations for FY 1984 to carry out such title. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to increase the amount authorized to be appropriated for FY 1984 for part A (Grants Program) of title III (Runaway and Homeless Youth) of such Act. Makes appropriations for FY 1984 for such grants program for runaway and homeless youth under such Act. Subtitle B: Child Care - Makes appropriations for FY 1984 to carry out the Head Start Act, pursuant to the authority contained in specified provisions of the Omnibus Budget Reconciliation Act of 1981. Amends the National School Lunch Act to restore a reimbursement level for up to three meals and two supplements per day per child. (Current law provides for only two meals and one supplement.) Provides that no institution may be prohibited from serving breakfast, lunch, supper, and supplements to any eligible child each day, except in the case of institutions that provide day care to school children outside of school hours. Eliminates provisions for ten percent reductions in the total amount of reimbursement provided for school lunch program administrative expenses for family or group day care home sponsoring organizations. Directs the Secretary of Agriculture to immediately adjust the maximum allowable level for administrative expense payments so as to achieve an increase in the total amount of reimbursement which is equivalent to any reduction made pursuant to specified amendments made by the Omnibus Budget Reconciliation Act of 1981. Provides for restoration of the child care nutrition equipment assistance program under the National School Lunch Act. Directs the Secretary of Agriculture to provide assistance under the National School Lunch Act to States for programs serving large numbers of low-income children meals under such Act and the Child Nutrition Act of 1966. Sets forth formulas for reimbursements to institutions. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to establish a program of supplemental incentive grants to States for child day care services. Authorizes appropriations for FY 1984 for such program. Sets forth provisions for apportionment among the States and other program requirements. Amends the Internal Revenue Code to increase the income tax credit for household and dependent care expenses from 20 percent to a maximum of 50 percent of such expenses. Reduces such percentage by one percent for each full $1,000 by which the taxpayer's adjusted gross income exceeds $10,000. Makes the income tax credit for household and dependent care services refundable. Provides that no part of such credit shall be: (1) counted as income in determining eligibility for other entitlement programs; or (2) counted against other credits under specified provisions of the Code. Grants tax-exempt status to organizations which provide nonresidential dependent care services to the general public for purposes of enabling individuals to maintain employment. Subtitle C: Health Care for Mothers and Children - Part 1: Appropriations - Amends title V (Maternal and Child Health and Crippled Children's Services) of the Social Security Act to increase the amount authorized to be appropriated for FY 1984 for the maternal and child health block grant program. Makes appropriations for FY 1984 for such program. Makes appropriations for FY 1984 for grants to community health centers, pursuant to the authority contained in the Public Health Service Act. Makes appropriations for FY 1984 to carry out title X (Population Research and Family Planning) of the Public Health Service Act, pursuant to the authority contained in such Act and in the Omnibus Budget Reconciliation Act of 1981. Amends the Omnibus Budget Reconciliation Act of 1981 and the Public Health Service Act to increase the amount authorized to be appropriated in FY 1984 for grants for preventive health service programs to immunize children against immunizable diseases. Makes appropriations for FY 1984 for such grants. Amends the Omnibus Budget Reconciliation Act of 1981 and the Child Nutrition Act of 1966 to increase the amount authorized to be appropriated for FY 1984 for the special supplemental food program for women, infants and children (WIC). Makes appropriations for FY 1984 for the WIC program. Part 2: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to provide for: (1) eligibility for certain needy individuals under age 18 and pregnant women; (2) automatic eligibility determination procedures during the first two months of life for certain children born to women receiving Medicaid assistance; (3) vision, hearing, and dental care services for eligible individuals under age 21; (4) exemption of certain expenditures in calculating Federal expenditure targets for States; and (5) mandatory Medicaid eligibility for recipients of State-provided child care. Subtitle D: Education - Makes appropriations for FY 1984 to carry out chapter I (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) of the Education Consolidation and Improvement Act of 1981, pursuant to the authority contained in the Omnibus Budget Reconciliation Act of 1981. Makes appropriations for FY 1984 to carry out part B (Assistance for Education of All Handicapped Children) of the Education of the Handicapped Act, pursuant to the authority contained in the Omnibus Budget Reconciliation Act of 1981. Amends the National School Lunch Act to provide for a reduction of reduced-price meal costs. Revises eligibility standards for free and reduced-price lunches. Provides for an increased subsidy for preparation of free or reduced-price meals. Amends the Child Nutrition Act of 1966 to repeal the $5,000,000 per fiscal year limitation on funding for grants to States for nutrition education and information programs. Authorizes appropriations for at least $10,000,000 per fiscal year for such grants. Makes appropriations for FY 1984 for such grants. Repeals provisions of the Omnibus Budget Reconciliation Act of 1981 which lowered the earned income deduction under the food stamps program. Amends the Food Stamp Act of 1977 to increase the earned income deduction. Provides for optional retrospective accounting for determining household eligibility under the food stamps program. Raises food stamp benefit amounts to thrifty food plan levels. Subtitle F: Family Supports - Amends title XX (Block Grants to States for Social Services) to increase the amount authorized to be appropriated for FY 1984 and succeeding fiscal years. Amends the Internal Revenue Code to provide for an upward adjustment of the credit for dependent children and children under age six. Reduces the tax on earned income of low-income workers. Amends title IV, part A (Aid to Families with Dependent Children) of the Social Security Act to repeal provisions which count earned income tax credit payments in advance as income for AFDC grant determination purposes. Amends title IV, part A (Aid to Families with Dependent Children) of the Social Security Act to provide for: (1) mandatory supplemental payments to families with income; (2) optional retrospective budgeting and optional monthly reporting by States; (3) elimination of the four-month restriction on work incentive disregards; (4) repeal of the 150 percent cap on income limit for eligibility; and (5) increased amounts for the disregards for work expenses and child care expenses. Subtitle G: Youth Employment - Makes appropriations for FY 1984 to carry out part A (Adult and Youth Programs) of title II (Training Services for the Disadvantaged) and title IV (Federally Administered Programs) (other than part B - Job Corps - provisions of title IV) of the Job Training Partnership Act of 1982. Requires that at least 93 percent of the appropriated amount be available to carry out local training programs for economically disadvantaged persons under part A of title II of such Act. Makes appropriations for FY 1984 to carry out part B (Summer Youth Employment and Training Programs) of title II of the Job Training Partnership Act of 1982.
United States · United States Congress · 23 February 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to extend the authorization of appropriations to the Hazardous Substance Response Trust Fund ("Response Trust Fund") for five additional years, through FY 1990. Provides for annual five percent increases in funding levels for each of such five additional years after FY 1985. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Response Trust Fund. Extends the authority to collect taxes conferred by such Act through FY 1990 (unless specified amount's are received in the Treasury before such date). Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum. Provides for an annual five percent rate increase after FY 1985 in the environmental taxes on petroleum, certain chemicals, and hazardous wastes. Provides for a five-year postponement of the tax on the receipt of hazardous waste at a qualified hazardous waste disposal facility. Makes such tax apply to such receipt after September 30, 1983.
United States · United States Congress · 23 February 1983
Home Heating Protection and Utility Regulation Act of 1983 - Amends the Public Utility Regulatory Policies Act of 1978 to require State regulatory authorities, with respect to each electric or natural gas utility for which they have ratemaking authority, to adopt the standards governing termination and reconnection of utility service established by this Act. Provides that a State regulatory authority's failure to adopt such standards shall result in the State's ineligibility for financial assistance for the State's energy conservation plan under the Energy Policy and Conservation Act. Prohibits an electric or natural gas utility from terminating utility service or refusing to reinstate utility service terminated before the enactment of this Act to a residential customer during the winter period before: (1) certifying to the State regulatory authority that its action will not endanger the customer's health; and (2) notifying the customer of its intentions. Grants a notified customer five business days to request a hearing before the State regulatory authority on the utility's decision. Requires the customer to establish at such a hearing that: (1) the lack of utility service will endanger the health of a person in his or her household; and (2) the customer is unable to pay his or her entire account. Prohibits the termination of, or refusal to reinstate, utility service to a residential customer during the winter period if such customer's household contains a person who is blind, permanently disabled, or severely handicapped, a child under the age of ten, or an individual who is 65 years or older. Requires that a residential customer protected against termination of utility service under this Act and the utility that services such customer enter into a deferred payment agreement. Authorizes a State regulatory authority to order a binding deferred payment agreement in any case where such a customer and a utility cannot reach an agreement. Permits a utility to terminate service in any case where a customer refuses to enter into such an agreement after proper notice and a hearing by the State regulatory authority if requested by the customer and upon approval by the State regulatory authority. Provides that where a landlord is delinquent in paying for utility service billed to the landlord, the utility may not terminate utility service during the winter period unless the tenant is notified of the proposed termination and given the opportunity to receive utility service in such tenant's own name. Permits such a tenant to deduct amounts paid for such utility service from the rent due the landlord. Prohibits the termination of, or refusal to reinstate, utility service during the winter period where a landlord's account is delinquent and where it is not practicable for a tenant to receive utility service in such tenant's own name. Permits a utility in such a case to petition for appointment of a receiver of rent payments due the landlord until arrearages have been satisfied. Requires State regulatory authorities to report periodically to the Secretary of Energy data relating to utility service terminations. Authorizes the Secretary to reimburse State regulatory authorities, upon application, for expenses incurred in carrying out this Act. Prohibits grants under this Act to the Tennessee Valley Authority. Authorizes appropriations.
United States · United States Congress · 22 February 1983
Aviation Drug-Trafficking Control Act - Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to revoke the airman certificate of any person who has been convicted of violations (other than simple possession) of State or Federal law relating to controlled substances. Requires the Administrator to revoke the airman certificate of any person who has knowingly transported any controlled substance, where such transportation is prohibited. Prohibits the Administrator from reissuing any revoked certificate for a period of five years. Grants the Secretary discretionary authority to reissue such certificate in certain circumstances before the end of a five-year period, but not before the end of the first year after revocation. Requires the Administrator to revoke the certificate of registration of an owner of an aircraft if it is determined that such aircraft has been used to transport controlled substances illegally. Sets forth certificate reissuance guidelines similar to those for the reissuance of airman certificates. Provides criminal penalties for violations of this Act, including selling or using fraudulent certificates.
United States · United States Congress · 22 February 1983
National Commission on Down Syndrome Act - Directs the Secretary of Health and Human Services to establish a National Commission on Down Syndrome to formulate a long-range plan for the study, prevention, and treatment of Down Syndrome. Requires a final report to the President and the Congress within 12 months after the Commission is organized. Requires the Secretary to submit a related budget analysis to specified congressional committees. Terminates the Commission three months after submission of the final report. Authorizes specified appropriations.
United States · United States Congress · 17 February 1983
Title I: Armed Forces, Soldiers' Home, Coast Guard, Lighthouse Service, and Merchant Marine - Amends Federal laws dealing with the Army, the Navy, the Air Force, and the Coast Guard to eliminate gender-based distinctions. Title II: Elimination of Gender-Based Distinctions Under the Old Age, Survivors, and Disability Insurance Program, Railroad Retirement and the Work Incentive Program - Eliminates gender-based distinctions in the social security and railroad retirement programs. Title III: Amendments to United States Code - Amends the Immigration and Nationality Act, the Walsh-Healey Act, the Child Nutrition Act of 1966, the Federal criminal code and other Acts dealing with Indian affairs, transportation, public lands and provisions relating to Saint Elizabeth Hospital and contract law to eliminate gender-based distinctions. Title IV: Effective Date - Sets forth the effective date for the provisions of this Act.
United States · United States Congress · 17 February 1983
Handgun Crime Control Act of 1983 - Title I: Amendments to Chapter 44 of Title 18, United States Code - Amends the Federal criminal code to direct the Attorney General to approve for manufacture, assembly, importation, sale, or transfer any handgun model which is generally recognized as particularly suitable for or readily adaptable to sporting purposes. Makes it unlawful for any licensed manufacturer, importer, dealer, or collector to manufacture, assemble, sell, deliver, or transfer any handgun (other than a curio or relic) which is not an approved model. Makes it unlawful for any non-licensee to sell or transfer any handgun (other than curio or relic) unless such person knows or has reasonable cause to believe such handgun is an approved model. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition. Directs the Attorney General to review State laws providing for permits to carry and purchase handguns and certify those meeting specified standards. Allows an individual possessing a permit under a certified State law to purchase a handgun if certain requirements are met. Makes it unlawful for a licensed dealer to transfer a handgun to a person not holding a permit under a certified State law unless certain procedures are followed. Requires in any such case that the transferee appear in person at the dealer's business premises. Requires the dealer, before delivery of the handgun, to forward a copy of a sworn statement by the transferee to the chief local law enforcement officer of the transferee's place of residence and the Federal Bureau of Investigation (FBI) for an identity and record check. Prohibits delivery until 21 days after submission of the sworn statement. Makes it unlawful for any licensed importer, manufacturer, dealer, or collector to sell to the same person, or for any non-licensee to purchase, three or more handguns during a period of one year without the prior approval of the Attorney General. Makes it unlawful for any person to fail to report the loss, theft, or disappearance of a handgun in his possession to the authorities within 24 hours after discovering such loss. Requires all licensed importers, manufacturers, and dealers to maintain accurate records of all handgun transfers. Makes any person who negligently transfers a handgun in violation of this Act civilly liable for the death or injury of an individual as a result of the use of such handgun by the transferee during commission of an offense. Makes it unlawful for any person to transport any firearm or ammunition in interstate or foreign commerce if such transportation violates a State law in a place through which the firearm is shipped or an ordinance at the place of sale, delivery, or other disposition. Increases the license fee for handgun dealers from $10 to $500 and for manufacturers and importers from $50 to $5,000. Makes it unlawful for any illegal alien, dishonorably discharged member of the Armed Forces, or U.S. citizen who has renounced such citizenship to possess, transport, or receive any firearm or ammunition. 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. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense to two to ten years' imprisonment for a first offense (currently, one to ten years) and five to 25 years for a second offense (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences, unless the court finds the existence of enumerated mitigating circumstances. Adds a term of parole ineligibility as an additional restriction on first offenders (two years) and subsequent offenders (five years). Title II: Gun Control Functions Transferred to the Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Establishes the Firearms Safety and Abuse Control Administration within the Department of Justice. Requires the Attorney General to report annually to Congress on the activities of the Administration. Title III: Miscellaneous Provisions - Directs the Advisory Commission on Intergovernmental Relations, in consultation with the U.S. Conference of Mayors and the National League of Cities, to report on the intergovernmental problems involved in controlling illicit handgun traffic and the effectiveness of the Gun Control Act of 1968.
United States · United States Congress · 15 February 1983
Federal Elections Act of 1983 - Amends the statutory calendar to change the day for Federal elections from the first Tuesday following the first Monday in November to the Sunday following the first Saturday in November. Specifies 10 p.m., eastern standard time, as a uniform closing time for the election of electors of the President and Vice-President. Excepts Hawaii and Alaska from such closing time.
United States · United States Congress · 10 February 1983
Modifies the navigational project for Anchorage Channel, New York Harbor, to require the Secretary of the Army, acting through the Chief of Engineers, to dredge the branch channel to Port Jersey, Bayonne, New Jersey, to a depth of 45 feet at mean low water.
United States · United States Congress · 10 February 1983
Residential Mortgage Investment Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to exempt from specified prohibited transaction provisions: (1) any qualified mortgage transaction engaged in by an employee benefit plan provided only that such transaction received the prior approval of an independent fiduciary; and (2) purchase, retention, or sale by an employee benefit plan of interests in Federal or State government-guaranteed residential mortgage loans.
United States · United States Congress · 10 February 1983
Domestic Violence Prevention and Services Act - Authorizes the Secretary of Health and Human Services to make grants to States, local public agencies, and nonprofit organizations for projects designed to prevent domestic violence and to provide immediate shelter and other assistance for victims and dependents of victims of domestic violence. Sets forth conditions for receiving the formula grants, including that the State: (1) distribute funds to local public agencies and private nonprofit organizations for domestic violence programs and services; (2) distribute at least 70 percent of such funds to private nonprofit organizations and give special emphasis to supporting community-based projects; (3) set forth procedures to assure an equitable distribution of grants within the State; (4) designate a State agency to administer the domestic violence program and coordinate all such programs within the State; (5) set forth procedures to assure active citizen participation within the State; (6) provide assurances that any project funded will coordinate its activities with other State programs and be administered by appropriately trained personnel; and (7) comply with reporting requirements. Declares that the Secretary shall not disapprove any application except after notice of and opportunity for a hearing. Authorizes the Secretary to make grants to Indian tribes and intertribal organizations. Provides that such funds may not be used for direct payment to any victim of domestic violence or to a dependent of such victim, and that no income eligibility standard may be imposed for anyone seeking services under this Act. Limits the total amount of grants to any local program to $150,000 for not more than a three-year period. Limits the grant for any fiscal year to $50,000. Requires local public agencies and private organizations to provide the following shares of Federal funding: (1) 25 percent in the first year; (2) 33.33 percent the second year; and (3) 50 percent the third year. Requires that at least 75 percent of grants be distributed to entities providing immediate shelter and related assistance to victims. Authorizes the Secretary to make supplemental grants to States for: (1) administrative costs; (2) developing and implementing programs; (3) assuring active citizen participation; and (4) developing a media campaign. Provides that each State will be allotted at least $45,000 in formula grants and $7,500 in supplemental grants. Requires each State receiving assistance to submit detailed annual reports to the Secretary on the implementation of programs. Directs the Secretary to: (1) designate a director of programs carried out under this title; (2) establish a national information clearinghouse on domestic violence, in coordination with the child abuse clearinghouse; (3) make recommendations to Congress regarding domestic violence programs; and (4) obtain information on research relating to domestic violence. Directs the Secretary to make annual reports to Congress and to evaluate and report on the effectiveness of the programs no later than two years after funds are obligated. Sets forth confidentiality requirements with respect to records of persons assisted under this title. Establishes the Federal Interagency Council on Domestic Violence to assist the Secretary in coordinating Federal programs. Authorizes appropriations. Directs the Secretary to report to the President and Congress within 18 months of enactment on the nature and incidence of abuse of elderly individuals.
United States · United States Congress · 8 February 1983
Amends the Federal criminal code to subject to forfeiture to the United States any item of pecuniary value derived by a Federal felon from the sale of motion picture, publishing, radio, or television rights to information resulting from such person's participation in the offense. Requires that any such item be made available for distribution among the victims of the offense. Authorizes the court to protect the rights of victims in the case of a defendant who is charged but not convicted of an offense.
United States · United States Congress · 8 February 1983
Expresses the sense of the House of Representatives that Anatoly Shcharansky should be released from prison and permitted to emigrate. Urges continued expression of U.S. opposition to the imprisonment of Anatoly Shcharansky.
![Official portrait of Rep. Guarini, Frank J. [D-NJ-14]](https://www.congress.gov/img/member/g000511_200.jpg)