United States · United States Congress · 9 May 1983
Veterans Disability Compensation Amendments of 1983 - Title I: Veterans Disability Compensation Benefits - Increases the rates of veterans' disability compensation, additional compensation for such veterans' dependents, and the clothing allowance for certain disabled veterans. Title II: Survivors' Dependency and Indemnity Compensation Benefits - Increases the rates of dependency and indemnity compensation for surviving spouses and for children as well as the rates of supplemental dependency and indemnity compensation for children. Title III: Miscellaneous Provisions - Makes an exception to the commencement of period of payment rule for an increased award of compensation by reason of a temporary increase in compensation for hospitalization or treatment of a veteran (thus making such temporary increase payable before the first day of the calendar month following the month in which the increase become effective). Amends the Veterans' Compensation, Education, and Employment Amendments of 1982 to revise the effective dates respecting Reserve Officer Training Corps (ROTC) coverage for deaths and disabilities incurred before and after FY 1982. Includes certain adopted children within the definition of child for veterans' benefits purposes. Decreases to ten percent disabling the degree of deafness a veteran suffering from service- connected total blindness must be rated to qualify for additional disability compensation. Reduces from 40 percent to 30 percent disabling the degree of deafness a veteran suffering from service-connected blindness with 5/200 visual acuity or less must be rated to qualify for such additional compensation.
United States · United States Congress · 9 May 1983
Increases the maximum number of associate members of the Board of Veterans Appeals from 50 to 65. Permits the Chairman to designate a temporary member. Limits such designees to one per section of the Board.
United States · United States Congress · 9 May 1983
Veterans' Housing Benefits Amendments of 1983 - Authorizes the Administrator of Veterans Affairs to make advances to the holder of a veteran's primary mortgage when such veteran: (1) is living in the dwelling concerned; (2) is unemployed or suffered a substantial reduction in household income; (3) is at least six months delinquent in payments; and (4) has a reasonable prospect of being able to resume full payments within six months. Sets limits on the amount of assistance which may be advanced. Requires the veteran to repay the advance with interest at the rate specified by the Administrator for veterans' guaranteed loans within 48 months. Makes the Administrator's decisions regarding advances final and nonreviewable. Terminates the advance program after two years. Authorizes the Administrator to make guaranteed loans to eligible veterans for manufactured homes permanently affixed to a lot. Permits the Administrator to exclude from the computation of a veteran's aggregate guaranty or insurance entitlement any amount taken over by any veteran-transferee, not just an immediate veteran-transferee, who consents to use his own entitlement. Extends by five years, through FY 1989, the Administrator's grants to States to assist in the establishment or improvement of State veterans' cemeteries. Authorizes the Administrator to make contributions to local authorities for the construction of traffic controls or other improvements or devices necessary for safe ingress to or egress from a national cemetery.
United States · United States Congress · 5 May 1983
Amends the Controlled Substances Act to make it a Federal offense for any person to knowingly or intentionally obtain possession of a controlled substance from a distributor, manufacturer or practitioner by robbery, theft or extortion. Provides for a prison term of up to 20 years and a fine of up to $10,000, if a dangerous weapon is used, or if death results, a prison term of up to 40 years and a fine of up to $20,000.
United States · United States Congress · 5 May 1983
Veterans Administration Health Programs Amendments of 1983 - Extends by three years, from FY 1984 to FY 1987, the period during which Vietnam-era veterans may request psychological readjustment counseling from the Veterans Administration. Directs the Administrator of Veterans Affairs to conduct a comprehensive study of the readjustment of Vietnam-era veterans to civilian life. Requires that such study include a nationwide survey of the prevalence and incidence of post-traumatic stress disorder and related readjustment problems among such veterans and a survey of their health status in relation to that of the general population. Directs the Administrator to report to Congress on such study by December 31, 1985. Increases the amount of reimbursement which the Administrator shall pay to a State for furnishing domiciliary, hospital, or nursing home care to eligible veterans who receive such care in State facilities. Directs the Administrator to report to the Veterans' Affairs Committees every three years on the appropriate rates for payments. Extends from FY 1983 to 1984 the authority of the Administrator to contract for hospital care or medical services in Puerto Rico and the Virgin Islands without reference to patient loads or incidence of provision of medical services for veterans treated by the Veterans Administration in the contiguous 48 States. Directs the Administrator to establish an Advisory Committee on Women Veterans to advise the Administrator or on the administration of benefits for and needs of women veterans. Directs Committee to report annually to the Administrator on the activities of the Veterans Administration pertaining to women, together with assessments of needs and recommendations for future action. Directs the Administrator to submit such report to Congress. Prohibits the Administrator from disposing of real property under his or her jurisdiction until 180 days (currently, 30 days) have elapsed since the Administrator notified the Veterans' Affairs Committees of such intention. Requires the Administrator to determine that certain real property under his or her jurisdiction is not needed by the Veterans Administration to carry out its functions before such property may be declared excess. Permits the Administrator to release the reversionary interest of the United States restricting the use of specified lands in Biloxi, Mississippi to use as a public park or for other public purpose.
United States · United States Congress · 2 May 1983
Repurchase Agreements Bankruptcy Amendments of 1983 - Amends the Bankruptcy Code to define 'repo participant' to mean an entity that, on any day during the period beginning 90 days before the date of the filing of the bankruptcy petition, has an outstanding repurchase agreement with the debtor. Defines 'repurchase agreement' to mean any agreement which provides for the transfer of certificates of deposit, eligible bankers' acceptances or securities that are direct obligations or loan guarantees of the United States against the transfer of funds with a simultaneous agreement by the transferee to return such certificates of deposit, eligible bankers' acceptances, or securities to the transferor no more than one year later, or on demand, in exchange for funds. States that the filing of a bankruptcy petition does not automatically stay the setoff by a repo participant of any mutual debt and claim against the debtor for a margin or a settlement payment arising out of a repurchase agreement. Prohibits the trustee from avoiding a transfer that is a margin or a settlement payment made before commencement of the case by or to a repo participant in connection with a repurchase agreement. Provides that all margin or settlement payments made in connection with a repurchase agreement are taken for value to their full extent. Sets forth provisions concerning the exercise of a contractual right of a repo participant to cause the liquidation of a repurchase agreement.
United States · United States Congress · 26 April 1983
World War I Veterans' Service Pension Act - Directs the Administrator of Veterans Affairs to pay a monthly service pension of $125 to certain veterans of World War I and the Mexican border period. Increases such pension to $150 if the veteran has a spouse or child. Provides for the payment of a monthly pension of $100 to the surviving spouses of such veterans.
United States · United States Congress · 25 April 1983
Amends the Ethics in Government Act of 1978 to authorize the Director of the Office of Government Ethics (OGE), in consultation with the Office of Personnel Management (OPM), to issue regulations pertaining to conflicts of interest and ethics in the executive branch. (Currently, the Director may only recommend rules for promulgation by OPM or the President.) Directs the President to: (1) include in each annual Government budget transmitted to Congress the expenditures and proposed appropriations necessary to support OGE for the next five fiscal years; and (2) include in each statement of changes in budget authority, expenditures, or receipts the effect of such changes on OGE funding. Includes certain high level White House aides among those officials whose financial disclosure reports must be transmitted to the Director. Limits the outside earned income of such individuals for a calendar year to 15 percent of their salary for such year. Requires a presidential nominee to update his or her financial report by the date of the first Senate confirmation hearing with respect to earned income received as of five days before such hearing. Permits an individual whose nomination the President or President-elect has publicly announced to file such financial report at any time after such announcement. Requires an individual to notify the designated agency official, OGE, or a Senate confirmation committee upon completing actions the individual agrees to take to comply with this Act or other ethics or conflict of interest laws. Requires the individual to make such notification by the date specified for completion of action in the agreement or, if no date is specified, within three months after the agreement is made. Directs an individual who agrees to recuse himself or herself from particular categories of official action to: (1) reduce to writing those subjects to which the agreement applies and the process for determining whether such individual must recuse himself or herself in a specific instance; and (2) file such document in lieu of such notification. Revises the conditions a trust must satisfy to be considered a qualified blind trust which is exempt from certain reporting requirements of the Ethics in Government Act of 1978. Includes among the new conditions a requirement that the supervising ethics office determine that certification of the trust as a qualified blind trust is necessary and appropriate to assure compliance with applicable ethics laws and regulations. Extends the authorization of appropriations for OGE for five years.
United States · United States Congress · 21 April 1983
Amends the Bankruptcy Code to provide that educational loans which are not dischargeable in bankruptcy liquidation shall not be dischargeable in an adjustment of debts in a bankruptcy of an individual with regular income.
United States · United States Congress · 21 April 1983
Makes FY 1983 supplemental appropriations to the Health Resources Administration of the Department of Health and Human Services for preventive health services for the unemployed.
United States · United States Congress · 20 April 1983
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 19 April 1983
Amends the Internal Revenue Code to exempt holdings in an independent local newspaper business from the tax on excess business holdings of private foundations. Defines an "independent local newspaper business" as: (1) a proprietorship which publishes an independent local newspaper; (2) a partnership which publishes such a newspaper and which has none of its outstanding partnership interests traded in an established securities market; and (3) a corporation which publishes such a newspaper and which has none of its outstanding capital stock traded in an established securities market.
United States · United States Congress · 19 April 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions allowing an income tax deduction for payments to foreign government officials or employees which are illegal under Federal law.
United States · United States Congress · 19 April 1983
Dedicates the Golden Gate National Recreation Area in California to Phillip Burton. Directs the Secretary of the Interior to inform the public of the contributions of Phillip Burton through the use of signs, maps, and interpretive programs and to establish an appropriate memorial to him within the recreation area. Authorizes appropriations.
United States · United States Congress · 14 April 1983
Directs the Secretary of the Treasury to study and report to specified congressional committees on the advisability of replacing only the Federal individual income tax or replacing both the Federal individual income tax and the Federal corporate income tax with a simplified income tax on gross income.
United States · United States Congress · 12 April 1983
Revises provisions governing the meetings, officers, and board of directors of the Acacia Mutual Life Insurance Company, a federally-chartered corporation.
United States · United States Congress · 11 April 1983
Radio Broadcasting to Cuba Act - Amends the Board for International Broadcasting Act of 1973 to authorize the Board to provide for radio broadcasts to Cuba. Makes providing accurate information to Cuba a purpose of such Act. Authorizes using a specified radio station and frequency for radio broadcasting to Cuba. Authorizes any U.S. agency or instrumentality to sell, loan, lease, or grant property, and to provide administrative and technical support and services on a reimbursable basis at the request of the Board. Prohibits making any grant under this Act to any corporation established to provide radio broadcasting to Cuba, unless the board of directors of such corporation consists only of members of the Board for International Broadcasting and the board of such corporation makes all major policy determinations and appoints (and fixes the compensation of) certain managerial officers and employees.
United States · United States Congress · 7 April 1983
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition, "engaged in the business," with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant to be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires (instead of permits) the Secretary to grant release unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 24 March 1983
Emergency Vietnam Veterans' Jobs Training Act of 1983 - Directs the Administrator of Veterans Affairs to establish an on-the-job training program for Vietnam-era and disabled veterans. Requires that such program be carried out through payments to employers who employ such veterans in jobs that involve significant training of employees. Requires an eligible veteran to have been unemployed for at least 15 of the last 20 weeks before applying for participation. Establishes maximum periods of assisted training: 12 months for a veteran with a service-connected disability rated at 30 percent or more, six months for any other veterans. Requires employers to provide approved training for at least six months. Permits an approved veteran to select an approved program of job training with any for-profit private employer which hires the veteran into the regular work force with the expectation of permanent employment after the training ends. Directs the Administrator to make payments to such employers, not exceeding 50 percent of the wages paid to the training veteran. Sets forth the requirements an employer's training program must fulfill, including a certification that the wages and benefits paid to a participating veteran are equivalent to those paid to other employees participating in a similar program of training, and that there is a reasonable certainty that a position of that type will be available to such veteran upon completion. Prohibits the Administrator from approving programs involving seasonal or temporary jobs or industries in which a substantial number of experienced workers are unemployed. Prohibits the Administrator from making payments when the conduct or progress of the veteran is unsatisfactory due to circumstances within the employer's control. Authorizes the Administrator to disapprove further participation by eligible veterans in any previously approved program failing to meet the requirements of this Act. Permits veterans otherwise eligible for this program to pursue, instead, a full-time vocational training program at an approved educational institution. Sets forth the conditions of such training. Directs the Administrator to provide an outreach and public information program to inform both eligible veterans and employers about this program. Directs the Administrator to establish procedures and obtain the assistance of disabled veterans outreach program specialists and personnel in regional offices of the Veterans Administration. Directs the Secretary of Labor to provide for the participation of eligible veterans in training programs under this Act and under the Jobs Training Partnership Act. Requires the Secretary to make special efforts to inform eligible veterans of training opportunities. Requires both the Secretary and the Administrator to provide employment counseling services to any eligible veteran who requests them. Authorizes appropriations for FY 1984 and 1985. Terminates this program after 15 months for the initial application period and after 27 months for the payment of assistance.
United States · United States Congress · 24 March 1983
Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from restricting the hours of operation or reducing the operating power of any AM broadcast station if: (1) such restriction or reduction would prevent the station from operating at full daytime power from two hours before sunrise until two hours after sunset; and (2) operation during such period would not interfere with the protected signal of an existing station. Prohibits the Commission from denying an application for a license to operate a new AM station or an application to expand the hours of operation of an existing station solely on the grounds that: (1) the area has adequate broadcasting service; or (2) an FM channel is available for the area. Prohibits the Commission from placing an applicant for a station license or construction permit at a disadvantage because that applicant is licensed to operate a station with restricted hours in the area if such applicant certifies that it will relinquish the restricted license if its application is approved. Exempts any application to alter the hours of operation of a standard broadcast station from public notice and comment requirements.
United States · United States Congress · 24 March 1983
Broadcast Licensing, Renewal, and Deregulation Act of 1983 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidences such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer of the permit or license involved to a different person. Repeals certain provisions relating to the application of the antitrust laws. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) programs; (2) programming formats; (3) ascertainment; (4) commercialization; and (5) maintenance of program logs.
United States · United States Congress · 24 March 1983
Regulatory Reform Act of 1983 - Title I: The Analysis, Management, and Organization of Agency Functions - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the reasonable alternative approaches; (2) regional differences; (3) the benefits and costs of the proposed rule and alternatives; (4) the advantages and disadvantages of adopting performance standards rather than design standards; (5) the technical information the agency will rely on in making the rule; and (6) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including an analysis of the extent to which the rule obtains its objectives with lower economic costs than the alternatives analyzed. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act. Directs the Director of the Office of Management and Budget to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review over a ten-year period of its existing major rules and other rules that may be added by the agency. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, by which the rule must be reviewed. Requires agencies to review rules according to such schedule, excluding rules that are no longer considered to be major rules as of the review date. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to repeal or amend the rule; or (5) publish a justification of its decision not to exceed to continue the rule. Allows agencies to: (1) extend review periods, not to exceed 15 years; and (2) alter review schedules. Title II: Reorganizing and Improving Agency Proceedings - Amends the Administrative Procedure Act to eliminate the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Directs each agency to transmit to the appropriate committees of Congress a copy of each regulatory agenda and each proposed and final major rule submitted for publication. Prohibits such a rule from becoming effective for 30 days after it is received by such committees. Requires an agency to delay the effective date of a rule, if within such 30 days a committee reports a joint resolution disapproving the rule, until the earlier of the expiration of an additional 60 days or the rejection of such resolution by either House. Prohibits a rule from becoming effective if such a joint resolution is enacted (congressional veto). Exempts emergency rules and rules requiring confidentiality from such time constraints. Requires a court reviewing an agency action: (1) in determining questions of law, to give the agency's interpretation such weight as it warrants; and (2) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute.
United States · United States Congress · 24 March 1983
United States Immigration Court Act of 1983 - Amends the Immigration and Nationality Act to establish a United States Immigration Court, consisting of a 70-judge trial and a six-judge appellate division. Sets forth jurisdictional provisions and appellate review procedures. Grants jurisdiction to the Court of Appeals for the Federal Circuit to review immigration matters such as deportation, exclusion and asylum. Provides for exclusion without hearing under specified circumstances. Permits any alien physically present in the United States or at a land border or port of entry to apply for asylum unless exclusion or deportation proceedings have been instituted. Prescribes conditions under which asylum shall be considered even where exclusion or deportation proceedings have been instituted. Provides for a public asylum hearing and requires aliens to be advised of right of counsel. Sets forth effective dates and transition procedures.
United States · United States Congress · 23 March 1983
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage, when such beverage has substantial competition from other malt beverages in an area, from: (1) entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State; or (2) limiting such distributor to the sale of such beverage for ultimate resale to consumers in such area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 23 March 1983
Amends the Federal criminal code to exempt participants in the Executive Exchange Program from the provision prohibiting employees and officers of the executive branch from receiving outside income.
United States · United States Congress · 23 March 1983
Fair Trade in Steel Pipe and Tube Products Act of 1983 - Provides the Secretary of Commerce and the Secretary of the Treasury with the authority necessary to enforce the terms of the Steel Pipe and Tube Arrangement between the United States and the European Community. Requires the Secretary of Commerce (the Secretary), not later than October 1 of each year, to compute the annual import ceilings for steel pipe and tube articles. Provides for intra-annual adjustments for such ceilings. Requires the Secretary to consult with the European Community if it appears that the annual import ceilings for any year might be exceeded. Requires the Secretary to seek an agreement with the European Community which will result in compliance with the import ceilings for the rest of the year. Requires the Secretary of the Treasury to enforce the import ceilings if an agreement cannot be reached with the European Community. Permits adjustment of the import ceiling if domestic manufacturers cannot meet the demand for steel pipe and tube products.
United States · United States Congress · 22 March 1983
Amends the Federal criminal code to establish procedures for the imposition of the death penalty for Presidential assassination. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Establishes procedures for appeal from the death sentence.
United States · United States Congress · 22 March 1983
Amends the Immigration and Nationality Act to prohibit an Immigration and Naturalization Service official or employee from entering a farm or outdoor operation without a warrant or the owner's consent.
United States · United States Congress · 22 March 1983
Declares that the House of Representatives deplores the denial of the rights of Hungarians and people of other nationalities in Transylvania by the Romanian Government. Requests the President and the Secretary of State to discuss the human rights of the Hungarians in Transylvania with the Government of Romania.
United States · United States Congress · 16 March 1983
Challenge Grant Amendments of 1983 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a program of making endowment grants to developing institutions which establish eligibility under the challenge grant program and which are current or past recipients of assistance under title III (Institutional Aid) of such Act. Sets forth requirements for endowment program agreements and the use of funds. Amends the Omnibus Education Reconciliation Act of 1981 to increase the total amount which may be appropriated for FY 1984 to carry out title III (Institutional Aid) of the Higher Education Act of 1965.
United States · United States Congress · 15 March 1983
Amends the Internal Revenue Code to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings accounts on the basis of the earned income of their spouses. Treats alimony payments as compensation for purposes of this deduction.
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
Major League Sports Community Protection Act of 1983 - Declares that it shall not be unlawful under any antitrust law for a professional sports league and its member clubs to enforce rules or agreements: (1) authorizing the league membership to decide that a member club shall not be relocated from its league-franchised home area; or (2) providing for the division of league or member club revenues to promote comparable economic opportunity for member clubs. Prohibits any person or league from changing the territory assigned to any professional football, basketball, hockey, or soccer team under any territorial agreement, unless: (1) a party to the stadium lease fails to comply with a materially significant provision thereof and such failure cannot be remedied within a reasonable period; (2) the stadium from which a team wishes to move is inadequate and the stadium authority shows no intent to correct the inadequacies; or (3) the team has lost money for three years. Requires that any civil action under the antitrust laws to challenge a league decision granting permission to a member club to relocate be commenced in a U.S. district court other than the court for the district from which or to which the club is relocating. Allows such a court to grant or deny relief exclusively through declaratory or injunctive orders. Specifies the applicability of this Act to pending actions involving the relocation of a professional sports club.
United States · United States Congress · 9 March 1983
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 8 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year over three years (one third of which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon the request of a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuing the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations remain in effect. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis, and expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 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
Skilled Enlisted Reserve Training Act - Directs the Secretary of each military department to establish a skilled enlisted reserve training program to obtain adequate numbers of enlisted members with critical technical skills. Permits each Secretary to enter into agreements with a qualified person under which the Secretary agrees to provide educational assistance in a technical field in exchange for that person's agreement to perform either three or more years of active or six or more years of reserve service in the armed forces. Permits the Secretary to pay up to 100 percent of educational expenses and a monthly stipend. Sets forth eligibility requirements. Requires accepted members to complete basic training before beginning technical training. Sets forth the penalties for noncompletion of training, including possible reimbursement of educational assistance. Requires the Secretary concerned to approve the courses and educational institution before entering an agreement with a member. Permits the Secretary to provide assistance to educational institutions providing courses of training. Permits the Secretary to detail members for instructional and administrative duties at such institutions. Directs the President to make an annual report to Congress concerning such program. Authorizes appropriations.
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
Amends the Internal Revenue Code to treat research and experimental expenses attributable to activities conducted in the United States as allocable to sources of income within the United States.
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.
![Official portrait of Rep. Hall, Sam B., Jr. [D-TX-1]](https://www.congress.gov/img/member/h000070_200.jpg)