United States · United States Congress · 2 March 1983
Title I: Consumer Credit - Consumer Debtor Bankruptcy Amendments Act of 1983 - Amends the Bankruptcy Code to permit a bankruptcy court to dismiss a case or suspend all proceedings if it determines that a debtor whose debts are primarily consumer debts does not need the provisions of the chapter under which relief has been sought and the granting of relief under such chapter would be a substantial abuse of its provisions. Requires the Clerk of each Federal judicial district to compile statistics regarding debtors where debts are primarily consumer debts. Requires the bankruptcy judge to convene, and permits such judge to preside at, any meeting of creditors and to perform such additional judicial duties as may be required. Declares that the value of the creditor's interest in the estate's interest in consumer goods property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan effecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Permits the court to utilize other methods of valuation if no such market exists or if the court determines that resale value is inappropriate in light of the property's proposed use or disposition. Requires the debtor in bankruptcy cases to file a statement of estimated income and expenses for the year following filing of his petition. Requires the debtor, if the schedule of assets and liabilities include consumer debts secured by property of the estate, to file and serve upon each creditor holding such security and upon the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Requires that the notice of meeting of the creditors be accompanied by a copy of the statement of estimated income and expenses and that the debtor supply the clerk of the court, upon the filing of the petition, with enough copies of such statement to accommodate the listed creditors. Requires individuals filing for bankruptcy in joint or consolidated cases to elect either the Federal or State exemptions. Places an aggregate limit of $3,000 on the value of the exemption with regard to household goods and personal effects. Prohibits the debtor from utilizing the unused dollar value of the homestead exemption to exempt additional property not explicitly provided for by such Act. Repeals the provisions of such Act which currently authorize the debtor to avoid nonpurchase money security interest in property. Presumes nondischargeable any debt incurred on or within 40 days before the date of the filing of a petition under such title. Allows for rebuttal of such presumption. Allows creditors to enforce liens which have not been avoided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge and of any reaffirmation of debt. Prohibits the custodian from being an assignee under a general assignment for the benefit of the debtor's creditors that was appointed or took possession more than 120 days before the date of the filing of the petition. Permits the trustee or the court, however, to require such an assignee to file an accounting. Limits the trustee's power to avoid liens or recover payments made within 90 days of the filing of the petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified household goods and tools of the debtor's trade. Permits the court, upon notice and hearing, to avoid any lien in whole or in part, if the court finds;: (1) that the debtor has no reasonable ability to pay the redemption value of such property out of anticipated future income; and (2) the enforcement of such lien would impose undue hardship on the debtor. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence within thirty days after the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of codebtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where a reasonable portion of unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan, but was prevented from so doing by unforeseen circumstances. Title II: Agricultural Produce - Agricultural Produce Bailment Bankruptcy Amendments Act of 1983 - Requires bankruptcy courts to give priority to allowed unsecured claims of farmers arising from the sale or conversion of farm produce to or by a debtor who operates a farm produce storage facility. Specifies that such sale or conversion must have occurred within 180 days before the filing of the petition or before the cessation of the debtor's business, whichever occurs first. Limits the payment of any such claim to $2,000 per individual. Permits a bankruptcy court to expedite the procedures for determining interests in and the disposition of grain and proceeds held by debtors who own or operate grain storage facilities. Requires the court to expedite such procedures if requested by a trustee or a claimant. Sets forth factors for the court to consider before deciding whether to shorten the time periods for procedures. Lists the procedures which may be expedited. Specifies administration details. Title III: Miscellaneous - Declares that if any provision of this Act or the application thereof to any person or circumstances is held invalid the provisions of every other part and their application shall not be affected thereby. Makes the provisions of this Act effective 90 days after enactment. Declares that the amendments made by this Act shall not apply to cases pending before the date of enactment.
United States · United States Congress · 1 March 1983
Amends the Internal Revenue Code to impose a temporary excise tax of $2 per barrel on imported petroleum products. Terminates such tax on March 31, 1984. Requires that funds raised by such tax be used to reduce the public debt.
United States · United States Congress · 24 February 1983
Railroad Retirement Solvency Act of 1983 - Title I: Benefit Adjustments - Amends the Railroad Retirement Act of 1974 to make certain disabled railroad employees eligible for disability insurance benefits under the Social Security Act. Sets forth formulas for determining annuities for certain individuals who retire before the age of 62. Sets forth the annuity formulas for spouses of such individuals and spouses of disabled employees. Makes such annuities comparable to benefits payable under the Social Security Act. Revises the computation of railroad annuities with respect to cost-of-living adjustments made under the Social Security Act. Changes annuity beginning dates to conform to such dates under such Act. Eliminates post-secondary school students from eligibility for survivors' annuities. Repeals certain provisions to preserve the financial solvency of the Railroad Retirement Act. Title II: Revenue Increases - Amends the Internal Revenue Code to increase the tier II tax on railroad employees, employers, and employee representatives and to extend such tax from July 1, 1984, until June 30, 1986. Provides for adjustments of such tax rates after July 1, 1986, depending upon the tier II benefit deficit and the average Railroad Retirement Account balance requirements imposed by this Act. (Defines "tier II benefit" as benefits paid from the Railroad Retirement Account other than social security equivalent benefits). Requires that social security equivalent benefits of railroad employees be taxed like social security benefits, and that tier II benefits be taxed as benefits received under employer plans. Provides for the transfer of revenue increases to the Railroad Retirement Account. Title III: Borrowing Authority Adjustments - Directs the Secretary of the Treasury to transfer to the Railroad Retirement Account from the general fund such amounts as are determined necessary by the Railroad Retirement Board after the end of each month beginning in October 1983. Amends the Railroad Unemployment Insurance Act to authorize advances to the railroad unemployment insurance account from the Federal unemployment account in the Unemployment Trust Fund. Requires an advance to the railroad unemployment insurance account in an amount sufficient to repay amounts due the Railroad Retirement Account. Title IV: Other Amendments - Changes the maximum percentage of amounts that may be transferred from the Railroad Retirement Account to the Dual Benefits Payments Account to such amount as determined necessary by the Board to pay dual benefits for a particular month. Provides for the transfer of amounts owed to the Railroad Retirement Account for unfunded dual benefits previously paid. Makes technical and conforming amendments.
United States · United States Congress · 24 February 1983
Increases the amount of reimbursement which the Administrator of Veterans Affairs 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.
United States · United States Congress · 23 February 1983
Amends the Federal criminal code to authorize a verdict of "guilty but insane" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides that a defendant is "guilty but insane" if his actions constitute all necessary elements of the offense charged other than the requisite state of mind. Provides that if the defendant is found "guilty but insane" the court may commit the defendant to serve all or a portion of a sentence in a suitable facility for treatment of his mental condition. Requires the defendant to serve the remaining portion of his sentence upon release from the mental facility.
United States · United States Congress · 22 February 1983
Amends the Federal Water Pollution Control Act to revise provisions relating to permits for dredged or fill material. Directs the Secretary of the Army to issue permits to applicants, after notice and opportunity for a public hearing, for the discharge of dredged or fill material into the navigable waters at disposal sites specified by the applicants, unless the Secretary determines that such disposal sites cannot be specified through the application of the guidelines or other considerations in accordance with provisions for specification of disposal sites. Provides that, except in the case of a State request for Federal jurisdiction over nonnavigable waters, the discharge of dredged or fill material in waters other than navigable waters is not prohibited by or otherwise subject to legislation under such Act or an other Act of Congress. Directs the Secretary to extend application of such Act to nonnavigable waters within a State which are listed and defined by the State Governor in a written request concurred in by the State legislature in accordance with State law. Repeals provisions for an optional State permit program. Deletes the qualifying phrase "to the maximum extent practicable" with respect to the 90-day deadline for decisions on permit applications. Makes miscellaneous and conforming amendments.
United States · United States Congress · 17 February 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic, hazardous substance or other product. Provides for a prison term of up to 20 years and a fine of up to $100,000, or if personal injury or death results, a prison term of up to life. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration if injury, fear of injury, or death results or if a governmental or commercial recall occurs.
United States · United States Congress · 15 February 1983
Amends the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to transmit to the Congress a monetary early warning report within seven days after the Federal Open Market Committee takes any action which will change existing trend rates of growth of the monetary aggregates. Specifies the contents of such report. Requires revised reports 30 days and 90 days thereafter.
United States · United States Congress · 10 February 1983
Amends the Automobile Dealers Day in Court Act to prohibit a manufacturer from selling, leasing, or offering to sell or lease any passenger car, truck, or stationwagon to any person (or any other dealer) at a price lower than the price at which the same model is sold to its franchised dealers. Prohibits a manufacturer from imposing restrictions on some purchasers of automobiles, but not others. Requires that all rebates, discounts, refunds or other promotional inducement or benefit be provided to all ultimate purchasers of the same model of motor vehicle during the same period of time. Establishes an exception to the Act for the sale of automobiles to Federal, State or local governmental units. Applies this Act to importers of covered motor vehicles who import directly or through distributorships. Allows an automobile dealer to recover reasonable attorneys fees resulting from an action under this Act. Limits standing for a cause of action for termination of an agreement under this Act to dealers who comply with all reasonable provisions of the franchise agreement in question.
United States · United States Congress · 10 February 1983
Veterans' Education Assistance Act of 1983 - Establishes a new educational assistance program for the all-volunteer force. Excludes graduates of service academies from eligibility for such assistance. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least three years to basic educational assistance. Entitles veterans of the Selected Reserve who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $200 for a full-time approved program of education. Permits the Secretary concerned to establish a higher rate of assistance, but not more than $400 a month, for individuals possessing a skill or specialty designated as being in critical shortage. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Entitles veterans who have served five or more consecutive years of active duty in addition to those required for basic educational assistance to supplemental educational assistance. Entitles veterans of the Selected Reserve who have served two or more consecutive years of active duty and four or more consecutive years of duty in the reserves in addition to that required for basic educational assistance to supplemental educational assistance. Entitles such veterans to a monthly supplemental assistance allowance of $100 a month. Permits the provision of assistance at a higher rate, but not more than $300 monthly, to any individual entitled to basic educational assistance who has a skill or specialty in which there is a critical shortage of personnel. Permits the Secretary of Defense to authorize specified individuals to transfer to a dependent part or all of such individuals' entitlement to educational assistance. Sets forth the conditions under which transferred benefits may be provided. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharges and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance. Allocates the administration and costs of such programs to the Veterans Administration, the Department of Transportation, and the Department of Defense Education Benefits Fund. Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs. Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981. Directs (rather than permits) the Secretary of each military department to establish a program to provide educational assistance to members of the Selected Reserve who agree to remain in such Reserve for at least six years. Sets forth the amount of such assistance. Requires that such assistance be given for pre-degree work at an institution of higher learning. Sets forth further eligibility requirements for such assistance. Establishes a delimiting period of ten years from the date of entitlement or from the date of separation from service, whichever comes first. Prohibits the provision of assistance to any member already receiving assistance as a member of the Senior Reserve Officers' Training Corps program or a member who fails to perform satisfactorily in training. Expands the penalties for failure to participate satisfactorily in such program to include orders to active duty. Designates the Veterans Administration to administer such program. Directs the Secretary of Defense to report to Congress annually rather than quarterly on its operation. Establishes in the Treasury a Department of Defense Education Benefits Fund to be administered by the Secretary of the Treasury for the accumulation of funds to finance Department education liabilities on an actuarially sound basis. Directs the Secretary of the Treasury to transfer amounts from the Fund to the Administrator of Veterans Affairs and to the Secretary of Defense as necessary to make required payments. Establishes in the Department of Defense a Department of Defense Education Benefits Board of Actuaries to: (1) report annually to the Secretary on the actuarial status of the Fund; (2) report not less than every four years to Congress and the President on the valuations and status of the fund; and (3) determine the present value of future benefits payable from the Fund. Directs the Secretary to: (1) make periodic actuarial valuations of the educational programs; (2) determine an amortization methodology and schedule for the liquidation of gains or losses to the Fund; and (3) determine the amount necessary to be appropriated for the Fund for each fiscal year. Sets forth other terms and conditions for administering such Fund. Permits the Secretary concerned to grant an eligible member a leave of absence of not more than two years for such member to pursue a program of education. Sets forth the terms and conditions for such leave. Requires the Secretary concerned to provide individual predischarge counseling which includes a discussion of educational benefit entitlements.
United States · United States Congress · 10 February 1983
Amends the Federal Property and Administrative Services Act of 1949 to allow nonprofit volunteer fire departments and rescue squads to receive donations of Federal surplus personal property.
United States · United States Congress · 7 February 1983
Amends the Internal Revenue Code to permit farmers who participate in a Federal payment-in-kind program to elect to treat commodities they receive as income in the year of receipt or the year of sale. Permits farmers to elect a deferral of the income resulting from the cancellation of Commodity Credit Corporation loans. Provides that farmers participating in a payment-in-kind program do not forfeit eligibility for the special use valuation provisions for farm property.
United States · United States Congress · 7 February 1983
Expresses the sense of Congress that the Administrator of Veterans Affairs should be a member of and full participant in all activities of the Cabinet.
United States · United States Congress · 3 February 1983
Equal Access to Voting Rights Act - Directs the Attorney General to promulgate guidelines to assure that registration and polling place facilities used for Federal elections are readily accessible to handicapped and elderly individuals. Sets forth minimum requirements for these guidelines. Requires States to make available registration and voting aids for handicapped and elderly individuals in Federal elections. Authorizes the Attorney General and aggrieved persons to bring actions in Federal court to enforce this Act.
United States · United States Congress · 3 February 1983
Competitive Shipping and Shipbuilding Act of 1983 - Requires that, by 1984, five percent of all bulk cargoes imported into or exported from the United States by water be carried on U.S.-flag ships. Requires yearly one percent increases until the percentage of bulk cargoes carried on U.S.-flag ships reaches 20 percent. Provides for credit to importers and exporters for the use of U.S.-flag ships for the transportation of bulk cargoes between foreign ports. Authorizes the Secretary of Transportation to provide relief from the requirements of this Act upon a finding that U.S.-flag ships are not available within guideline rates. Sets forth factors which the Secretary shall consider in determining the extent of relief granted. Requires the Secretary to establish and publish guideline rates for the carriage of bulk cargoes subject to this Act. Requires the Secretary to assure that such rates take into account certain objectives. Requires the Secretary, in order to establish guideline rates, to estimate the current cost of operating U.S.-flag ships in the foreign bulk trades of the United States and of constructing such ships. Requires such cost estimates to be published within six months after enactment of this Act. Requires such estimates to be revised annually. Requires that such rates: (1) be reviewed and adjusted at least annually; (2) not reflect costs greater than the estimated current costs; and (3) be the maximum rates which may be charged for the charter of U.S.-flag ships for the transportation of bulk cargoes governed by this Act. Requires the Secretary to establish and publish interim guideline rates in the first calendar year following the enactment of this Act. Sets forth factors to be taken into account in determining such rates. Requires the Secretary to appoint and consult with an advisory committee to establish and review U.S.-flag ship operating costs, shipyard construction costs, guideline rates, and regulations. Requires anyone engaged in importing or exporting bulk commodities in U.S. foreign commerce whose business volume exceeds $1,000,000 annually to report to the Secretary on the percentages of such person's exports and imports carried on U.S. flag ships. Requires anyone who fails to transport the required percentage of U.S. bulk cargoes to use exclusively U.S. flag ships until the deficiency has been recouped, unless Secretarial relief has been granted. Establishes civil penalties for violations of this Act. Sets forth procedures for the investigation, prosecution, and judicial review of violations of this Act.
United States · United States Congress · 3 February 1983
Amends the Federal criminal code to establish penalties for taking or attempting to take property by force, violence, or intimidation from either a pharmacy or a person registered with the Drug Enforcement Administration. Increases the penalties if any person's life is endangered by use of a dangerous weapon or if any person is assaulted or killed during the commission of such offense. Directs the Attorney General to report to Congress on the enforcement of this Act.
United States · United States Congress · 2 February 1983
Fair Practices in Automotive Products Act - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 100,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Establishes penalties for a vehicle manufacturer who fails to meet the minimum domestic content ratio. Directs the Secretary of Transportation and the Federal Trade Commission to investigate and prepare a written report regarding policies and practices of vehicle manufacturers used to persuade U.S. motor vehicle dealers to favor foreign made parts rather than domestically produced parts.
United States · United States Congress · 2 February 1983
Amends Rule 12 of the Federal Rules of Criminal Procedure to require a defendant to give notice if he intends to introduce expert testimony which bears on the issue of whether he had the state of mind required for an offense charged. Amends the Federal criminal code to eliminate "insanity" as a defense to a prosecution under any Federal statute. Excludes from the definition of "mental disease or defect" an abnormality manifested only by repeated criminal or other anti-social conduct. Authorizes a special verdict of "not guilty solely by reason of inability, because of mental disease or defect, to have had the state of mind required as an element of the offense charged." Requires any person acquitted because of such mental disease or defect to be committed to the custody of the Attorney General if found by clear and convincing evidence to be presently suffering from mental disease or defect. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered.
United States · United States Congress · 2 February 1983
Amends the Diplomatic Relations Act to declare that no law shall be construed to provide the families of foreign diplomats with immunity from prosecution for violent crimes.
United States · United States Congress · 1 February 1983
Upper White Oak Bayou Flood Control Act of 1983 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct the project for flood control and recreation in the Upper White Oak Bayou area, Texas.
United States · United States Congress · 1 February 1983
Directs the Administrator of Veterans Affairs 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.
United States · United States Congress · 31 January 1983
Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the discretionary release conditions to require that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) forfeit designated property upon failure to appear; and (8) return to custody at specified hours. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, if no conditions will assure his appearance and the safety of the community and any other person. Provides for the detention of an alien whose presence in the United States is not under color of law. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years imprisonment; or (4) any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Permits the government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Provides additional penalties for failing to appear before the court or surrender for service of sentence as required. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions.
United States · United States Congress · 31 January 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to delay the effective date of provisions requiring the withholding of tax on interest and dividends until 1984. Repeals provisions authorizing the Secretary of the Treasury to delay the application of such provisions for certain payors.
United States · United States Congress · 27 January 1983
Record Rental Amendment of 1983 - Prohibits the owner of a particular phonorecord of a sound recording from renting, leasing, or lending such recording for commercial advantage unless authorized to do so by the copyright owner.
United States · United States Congress · 27 January 1983
Home Recording Act of 1983 - Amends the copyright law to exempt from liability for infringement of copyright any individual who makes a single video recording of a motion picture or other audiovisual work, or a single audio recording of a musical work or sound recording, in his or her private home solely for private household use. Requires the compulsory licensing of manufacturers and importers of video and audio recording devices and media. Sets forth procedures for: (1) determining royalty fees to be paid by such manufacturers and importers; and (2) distributing such fees to the owners of copyright of audiovisual works included in television transmissions and musical works and sound recordings included in radio or television transmissions or distributed in the form of phonorecords. Provides for the determination of royalty fees by: (1) voluntary negotiation between importers and manufacturers and representatives of copyright owners; or (2) compulsory arbitration when a voluntary agreement is not reached. Specifies criteria to be considered by an arbitration board in determining royalty fees. Authorizes the Register of Copyrights to confirm fees determined under arbitration or, under specified circumstances, to deny such fees and initiate new arbitration proceedings. Provides for the judicial review of the Register's decision. Requires royalty fees to be redetermined every three years. Sets forth penalties for violations of the requirements of this Act.
United States · United States Congress · 26 January 1983
American Conservation Corps Act of 1983 - Directs the Secretary of the Interior, in cooperation with the Secretary of Agriculture, to establish and administer a public lands conservation, rehabilitation, and improvement program called the American Conservation Corps. Requires the Secretary to provide assistance to program agencies (any Federal or State agency responsible for the management of public lands) to establish and operate residential and nonresidential conservation centers to implement program projects. Describes the types of projects which will receive program preference. Limits program projects to those on public lands or Indian lands, except where projects on nonpublic lands provide documented public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Makes persons eligible for enrollment and employment in the program if they are: (1) unemployed; (2) between the ages of 16 and 25 years; and (3) citizens, lawful permanent residents, or lawfully admitted alien parolees or refugees. Provides that, in the selection of enrollees for the program, preference shall be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. Authorizes the Secretary to award grants to, or enter into agreements with, program agencies for the funding and operation of conservation centers. Authorizes appropriations for FY 1983 through 1989. Requires that such appropriations come from specified Treasury receipts. States that program enrollees shall not be deemed Federal employees, except for certain purposes. Directs the Secretary to establish pay rates and to coordinate the program with related Federal, State, local, and private activities. Directs the Secretary to submit a report to Congress, within one year of enactment of this Act, on the feasibility of allowing enrollees who have completed two years in the program an exemption from training and service under the Military Selective Service Act. Directs the Secretary to make arrangements with educational institutions to award academic credit to enrollees for competencies developed under this Act. Authorizes program agencies to make arrangements with such institutions for academic study by enrollees during nonworking hours. Requires program agencies to provide certification of skills acquired by program participants and to provide job guidance and placement information as necessary. Directs the Secretary to submit an annual report to the President and Congress detailing the activities carried out under this Act. Entitles to an appeal to the Merit Systems Protection Board any Federal employee displaced rightly or wrongly by activities under this Act. Grants similar appeal rights to the employees of any contract grantee similarly displaced.
United States · United States Congress · 26 January 1983
Social Security Benefit Termination Reform Act of 1982 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that monthly insurance benefits shall be paid for the month in which a beneficiary dies. Requires that the amount of such benefits be proportionate to the number of days of such month preceding the date of the beneficiary's death.
United States · United States Congress · 26 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U. S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U. S. citizen or national; (2) a permanent resident of the United States; or (3) a U. S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit prayer in public schools or institutions. States that no person shall be required by the United States or any State to participate in prayer.
United States · United States Congress · 25 January 1983
Authorizes the President to present on behalf of Congress a gold medal to Danny Thomas in recognition of his humanitarian efforts and outstanding work as an American. Directs the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions to be determined by said Secretary. Provides, effective October 1, 1983, funds not to exceed $22,000 to carry out the purposes of the Act. Provides that the Secretary may cause bronze duplicates of the medal to be coined and sold under regulations prescribed by the Secretary at a price sufficient to cover the costs of producing the gold medal. Directs that the appropriation used to carry out the provisions of the Act shall be reimbursed out of the proceeds from such coin sales. Provides that the medals are to be national medals.
United States · United States Congress · 6 January 1983
Increases from $25,000 to $100,000 the maximum amount for which the Judge Advocate General of an armed force, or the Chief Counsel of the Coast Guard, may settle a claim against the United States for damage or loss of real or personal property, or for personal injury or death. Permits the Secretary concerned to report any meritorious amount in excess of the maximum to the Comptroller General for payment under the Supplemental Appropriation Act, 1957. Permits the settlement of claims for $25,000 or less to be delegated. Permits the payment of a claim in excess of $10,000 by an appointed officer for losses involving a foreign country. Makes similar allowances for the payment of meritorious claims in excess of $100,000. Increases from $1,000 to $10,000 the amount of advanced payment allowed against a certain, but not yet submitted, claim. Makes similar changes in claims provisions concerning the National Guard.
United States · United States Congress · 6 January 1983
Authorizes the Secretary of Commerce to settle claims not exceeding $2,500 for damages caused by acts of the National Oceanic and Atmospheric Administration.
United States · United States Congress · 6 January 1983
Directs the Secretary of the Treasury to pay specified sums to two named individuals in full satisfaction of claims against the United States for reimbursement of certain relocation expenses.
United States · United States Congress · 6 January 1983
Relieves five named individuals of any indebtedness to the United States for payments received for certain travel and relocation expenses. Directs the Secretary of the Treasury to pay a specified sum to a named individual in full settlement of a claim against the United States for reimbursement of certain relocation expenses.
United States · United States Congress · 6 January 1983
Title I: Federal Tort Claims Amendments - Amends the Federal Tort Claims Act to make remedies provided by the Act exclusive of any other action arising out of the same tortious conduct. Substitutes the United States as the party defendant after: (1) the Attorney General has certified that a defendant Federal employee acted within the scope of employment; and (2) an action has been instituted in Federal district court. Declares such certification binding and conclusive. Provides guidelines for limitations of actions. Specifies the Federal agencies to which the Act applies. Title II: Constitutional Torts - Grants district courts exclusive jurisdiction over civil actions for money damages based on constitutional torts. Establishes judicial procedure for the resolution of claims based on constitutional torts. Specifies the Federal agencies amenable to suit for such torts. Authorizes Federal agency administrators to settle claims for money damages based on constitutional torts after obtaining written approval of the Attorney General. Declares such settlements final and conclusive. Establishes guidelines for administrative adjustment of claims. Provides formulae for recovery of damages and sets a maximum damages award for tortious conduct involving either: (1) reckless disregard for constitutional rights; or (2) malicious intent to violate constitutional rights. Specifies defenses to claims based on a constitutional tort. Requires disposition by the appropriate Federal agency before actions may be initiated against the United States for money damages. Allows either party to request a jury trial in actions for money damages. Permits the Attorney General to settle or arbitrate claims after an action has been instituted. Awards attorney's fees to successful claimants. Directs the Attorney General to defend any civil action against any Federal employee for money damages based on constitutional torts. Makes any such action the claimant's exclusive remedy for such a constitutional tort. Directs the Attorney General to remove from State court into district court under specified conditions. Authorizes disciplinary actions against defendant employees under specified circumstances. Exempts specified Federal agencies from tort claims under the Act. Establishes a limitations period. Title III: Amendments to Other Laws; Applicability of Act - Makes conforming amendments relative to medical malpractice provisions concerning Federal health professionals. Makes additional technical amendments.
United States · United States Congress · 6 January 1983
Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide coverage under the Old Age, Survivors and Disability Insurance program for Members of Congress and the Vice President.
United States · United States Congress · 6 January 1983
Provides that six named individuals shall: (1) be relieved of any indebtedness to the United States for overpayment of per diem; and (2) be reimbursed for specified travel expenses incurred while employed by the Department of the Navy.
United States · United States Congress · 6 January 1983
Amends the Internal Revenue Code to permit States and local governments to provide statements of tax refunds, credits, and offsets to individuals at any time during the calendar year for which such governments make a return, but not later than January 31 of the year following the year of the return. (Current law requires such statements to be furnished in January of the year following the year of the return.) Eliminates the requirement to furnish such statements with respect to any refunds, credits, or offsets made before January 1, 1983.
![Official portrait of Rep. Hall, Sam B., Jr. [D-TX-1]](https://www.congress.gov/img/member/h000070_200.jpg)