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615 records where Rep. Hance, Kent R. [D-TX-19] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 17 May 1983
Authorizes and requests the President to designate May 8 to June 19, 1983, as Family Reunion Month.
United States · United States Congress · 12 May 1983
National Nursing Home Standards Act of 1983 - Directs the Secretary of Health and Human Services to establish a 13 member National Commission on the Regulation of Nursing Homes. States that such Commission's purpose shall be to examine existing Federal and State quality, health, and safety regulations for nursing homes and intermediate care facilities and to make recommendations, including alternative approaches to regulating such facilities, to Congress and to the Secretary by September 30, 1984. Imposes a moratorium on nursing home rules changes until six months after the filing of such recommendations. Requires such Commission to be made up of members of the Institute of Medicine, nursing home residents and operators, and State officials.
United States · United States Congress · 12 May 1983
Authorizes the Administrator of Veterans Affairs to reimburse eligible veterans for reasonable charges for chiropractic services. Directs the Administrator to establish a schedule of reasonable charges. Requires the Administrator to make annual reports to the Veterans Affairs Committees for four years concerning the use and reimbursement of chiropractic services.
United States · United States Congress · 12 May 1983
Designates the week beginning November 27, 1983, as National Home Health Care Week.
United States · United States Congress · 11 May 1983
Church Audit Procedures Act of 1983 - Amends the Internal Revenue Code to restrict the Secretary of the Treasury from investigating or auditing churches unless the Secretary possesses evidence causing him to believe that a church: (1) is carrying on an unrelated trade or business; or (2) should not be granted tax-exempt status. Restricts the Secretary from beginning any investigation unless he has first provided the church with written notice that an investigation is being commenced. Sets forth the requirements of such notice. Requires that the Secretary must first approve an application by the regional counsel of the internal revenue region for examination of church records and religious activities before beginning any such examination. Requires the Secretary, prior to the approval of any such application, to offer in writing an opportunity for a conference to discuss facts, evidence, and issues relevant to the investigation. Requires the Secretary to notify the church in writing of the approval of the application for examination at least 15 days prior to the commencement of such examination. Limits the examination of religious activities to that necessary to determine whether an organization is a church or convention or association of churches. Limits the examination of church records to that necessary to determine the amount of tax imposed. Allows an organization which claims that the Secretary has violated the provisions of this Act to bring a civil action for injunctive relief against the Secretary. Reduces the statute of limitations for collection after assessment of tax to three years in the case of any organization which is a church or convention or association of churches.
United States · United States Congress · 11 May 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal the provisions which require the withholding of tax on interest and dividends. Makes technical amendments to insure that taxpayers who anticipated the ten percent withholding provision becoming effective on July 1, 1983, do not suffer estimated tax penalties for underpayment of tax for the period between January and June 1983.
United States · United States Congress · 11 May 1983
Amends the Small Business Act to define "small agricultural cooperative," for purposes of eligibility for disaster loans under such Act, as an association: (1) acting pursuant to the Agriculture Marketing Act; (2) whose size does not exceed the size standard established for other agricultural small business concerns; and (3) whose board members or governing members each qualify as a small business concern.
United States · United States Congress · 5 May 1983
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan for the study, prevention, and treatment of neurofibromatosis. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires: (1) a final report to the President and to each House of Congress within one year; and (2) the Secretary to file a final report and a budget analysis for neurofibromatosis research with the appropriate congressional committees within 15 days after the President submits his budget to Congress. Terminates the Commission three months after submission of the final report. Authorizes appropriations.
United States · United States Congress · 5 May 1983
Amends the Internal Revenue Code to define "geothermal energy" as the natural heat of the Earth at any temperature (present regulations require that such heat must exceed a specified temperature). Qualifies for the residential energy tax credit and the investment tax credit for energy property energy systems which use both geothermal energy and another energy source not eligible for such credits if geothermal energy provides more than 80 percent of the energy for such system. Qualifies for the investment tax credit for energy property energy systems which use both geothermal energy and another energy source eligible for such credit (such as biomass, solar, wind, ocean thermal, or hydroelectric) if the combination of such energy sources provides more than 80 percent of the energy for such system.
United States · United States Congress · 28 April 1983
Medicare Fiscal Intermediary Amendments Act - Amends title XVIII (Medicare) of the Social Security Act to permit each provider of services to have the right to elect to have payments made by the Secretary of Health and Human Services rather than by a fiscal intermediary.
United States · United States Congress · 28 April 1983
Amends the Internal Revenue Code to provide for a business expense income tax deduction for additions to a reserve established for the cost incurred by a regulated public utility in decommissioning (retiring) a nuclear powerplant. Limits the deduction to the amount which the regulatory body having ratemaking jurisdiction over the utility permits as addition to a reserve and which is included in its cost of service for ratemaking purposes.
United States · United States Congress · 25 April 1983
Product Liability Act of 1983 - Sets forth uniform national standards for products liability cases. Preempts inconsistent Federal and State laws. Permits actions under this Act to be brought in State court or Federal court if the United States is a party or diversity jurisdiction exists. Prohibits recovery for other than commercial loss or damage to the product itself, except as otherwise provided in this Act. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers including wholesalers, distributors, retailers, lessors, packagers, and repairers. Establishes rules relating to proof in products liability cases with respect to Federal Government standards and contract specifications. Prohibits admission of postmanufacturing improvements except for the purpose of impeaching a witness for the product seller who denies the feasibility of such improvements. Allows a manufacturer to introduce certain precautionary measures. Provides that all product liability actions shall be governed by the principles of comparative responsibility. Specifies the manner in which damages are to be apportioned. Provides that comparative damages apply only to compensatory damages. Requires the reduction of any damage award by the amount of workers' compensation benefits which are paid. Makes a product seller who acted with flagrant indifference to consumer safety, where the act was an extreme departure from accepted practice, liable for punitive damages. Establishes a two-year statute of limitations and a ten-year statute of repose.
United States · United States Congress · 21 April 1983
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to extend medical benefits to a former spouse who was married at least 20 years to a member with at least 20 years of service when a minimum of ten years rather than 20 years of such marriage and service coincide. Repeals the requirements that the former spouse be unmarried and have no medical coverage under an employee-sponsored health plan. Grants medical benefits to a former spouse who has a disease or disability attributable to the nature or location of a member's or former member's military service. Limits the health care available to such former spouses to that necessary for the treatment of such a disease or disability. Applies this Act to all eligible former spouses, regardless of the date of divorce.
United States · United States Congress · 21 April 1983
Designates April 24, 1984, as National Day of Remembrance of Man's Inhumanity to Man.
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
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
Amends part A (General Provisions) of title XI of the Social Security Act to authorize any State having an approved plan under part A (Aid to Families With Dependent Children) of title IV of the Act to conduct one or more pilot projects to demonstrate the use of integrated service delivery systems for human services. Requires a State desiring to conduct a project to submit an application to the Secretary of Health and Human Services. Directs the Secretary to approve not less than four nor more than eight of the proposed projects. Directs the Secretary to pay to a State which has an approved project: (1) 90 percent of the first year's costs; (2) 80 percent of the second year's costs; and (3) 70 percent of the third year's costs. 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 · 13 April 1983
Balanced Monetary Policy Act of 1983 - Amends the Federal Reserve Act to require the Board of Governors and the Federal Open Market Committee of the Federal Reserve System to establish yearly targets for money and total credit aggregates and for real interest rates consistent with historic levels. Requires the Board and the Federal Open Market Committee to take necessary actions to assure that such targets are achieved, on average, on an annual basis. Requires a written report to specified Congressional committees if such targets cannot or should not be achieved because of unfavorable economic conditions. Requires the Board of Governors to transmit specified information to Congress biannually. Requires the Board to announce publicly changes in objectives and plans at the time those changes are determined. Requires the President to state for the System's record the administration's position on each vote on monetary policy taken by the Board and by the Federal Open Market Committee.
United States · United States Congress · 13 April 1983
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial. Authorizes appropriations for site acquisition and preparation in the event nonpublic land is selected for the memorial.
United States · United States Congress · 13 April 1983
Expresses the sense of the House that the President should: (1) report to Congress on his intention to begin negotiations on a new long-term agricultural trade agreement with the Soviet Union; (2) seek, in such a new agreement, higher minimum and maximum supply guarantees and a provision for the export of value-added products; (3) report to Congress, by a specified date, on the potential economic and employment impacts of such a new agreement on U.S. agriculture and related industries; and (4) take appropriate measures to assure free movement of increased quantities of U.S. agricultural products to the Soviet Union.
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 · 7 April 1983
Authorizes and requests the President to designate the week of July 24 through July 31, 1983, as National Animal Agriculture Week.
United States · United States Congress · 5 April 1983
Amends the Internal Revenue Code to repeal the increase in the highway use tax on heavy trucks and trailers. Restores such tax to previous levels prior to enactment of the Highway Revenue Act of 1982.
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
Grants a Federal charter to the Navy Wives Clubs of America.
United States · United States Congress · 24 March 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal the provisions which require the withholding of tax on interest and dividends. Amends the Internal Revenue Code to impose a $1.80 tax on each barrel of petroleum products entered (or withdrawn from warehouses) for consumption or use in the United States.
United States · United States Congress · 24 March 1983
Designates the week of May 22 through May 28, 1983, as National Digestive Diseases Awareness Week.
United States · United States Congress · 24 March 1983
Expresses the sense of the House of Representatives that the President should award the Presidential medal of Freedom to Dr. Barney Clark.
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
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 · 23 March 1983
Amends the Bretton Woods Agreements Act to require the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund to present proposals to the Fund's Executive Board to ensure that member countries eliminate import restrictions which restrict U.S. exports. Requires the U.S. Executive Director to vote against the use of Fund resources by a member country which fails to agree to such proposals. Requires the U.S. Trade Representative, the Secretary of Labor, and the Secretary of Commerce to inform the U.S. Executive Director of all such import restrictions and export subsidies having a serious adverse impact on U.S. exports or employment.
United States · United States Congress · 22 March 1983
Amends the Internal Revenue Code to decrease the holding period for capital gains tax treatment from one year to six months.
United States · United States Congress · 22 March 1983
Dairy Production Act of 1983 - Title I: Dairy Compliance Program - Amends the Agricultural Act of 1949, as amended by the Omnibus Budget Reconciliation Act of 1982, to eliminate the scheduled 50-cent milk assessments. Sets milk support levels at $13.10 per hundredweight for FY 1984 through FY 1985 for those farmers producing at or below their 1981-1982 marketing history levels. Sets forth provisions for farmers with less than full, or no 1981-1982 production levels. Establishes a reduced dairy compliance price (of up to $12.00, resulting in a blend price of not less than $12.10 per hundredweight) for overproduction as determined annually by the Secretary of Agriculture. Provides that the difference between the price support received and the reduced dairy compliance price shall be remitted to the Commodity Credit Corporation and credited to the Dairy Stabilization Settlement Fund to be used to: (1) reduce dairy program costs; and (2) make diversion payments ($10.00 per hundredweight) to farmers reducing production below their 1981-1982 marketing histories. Prohibits the transfer of marketing histories. Requires farmers to get marketing history certifications from their county committees. Provides civil penalties for program violations. Title II: Dairy Promotion Program - Provides for the creation of a National Dairy Promotion and Research Board made up of milk producers appointed by the Secretary from nominations provided by certified dairy organizations. Empowers such Board to budget, develop, and administer dairy promotion and nutrition programs. Funds such program through mandatory 15-cent per hundredweight producer assessments. Terminates such program after its initial September 30, 1985, period unless its continuation is approved by at least 50 percent of the voters in a producer referendum. Provides civil penalties for program violations. Authorizes appropriations. Stipulates that appropriated funds shall not be used to cover Board expenses.
United States · United States Congress · 21 March 1983
Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Redefines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "unlawfully". Increases the additional penalty imposed for such offense to not less than five years' imprisonment for a first offense (currently, one to ten years) and ten years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses.
United States · United States Congress · 21 March 1983
Authorizes and requests the President to designate July 16, 1983, as National Atomic Veterans' Day.
United States · United States Congress · 16 March 1983
Amends the Internal Revenue Code to repeal the highway use tax on heavy trucks. Increases the excise tax on diesel fuel from nine cents per gallon to 12 cents per gallon in 1983 and from 12 cents per gallon to 14 cents per gallon in 1984. Requires the Secretary of the Treasury to prescribe regulations exempting from such increases diesel fuel used in automobiles and light trucks.
United States · United States Congress · 15 March 1983
Child Protection Act of 1983 - Amends the Federal criminal code to prohibit the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene."
United States · United States Congress · 15 March 1983
District Heating and Cooling Tax Incentives Act of 1983 - Amends the Internal Revenue Code to allow an investment tax credit for district heating and cooling property. Allows an additional 20 percent energy credit for such property. Defines "district heating or cooling property" as any equipment or other property used as an integral part of a district heating or cooling system. Exempts district heating or cooling property which is transferred to a governmental unit or tax-exempt organization from the recapture rules relating to prohibited dispositions of investment tax credit property. Treats district heating or cooling property as depreciable personal property for purposes of tax rules relating to the recapture of excess depreciation. Exempts from classification as ten or 15 year public utility property, for purposes of accelerated depreciation under the accelerated cost recovery system, district heating or cooling property.
United States · United States Congress · 10 March 1983
Air Travelers Security Act of 1983 - Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 9 March 1983
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.
United States · United States Congress · 9 March 1983
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 8 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year over three years (one third of which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon the request of a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuing the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations remain in effect. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis, and expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 8 March 1983
Home and Community-Based Care Act of 1983 - Amends title XIX (Medicaid) of the Social Security Act to authorize a State to provide home care services to all individuals (currently, limited to individuals 18 years of age or younger) who are disabled, as defined in title XVI (Supplemental Security Income) of the Act, and with respect to whom it has been determined that: (1) they can receive appropriate care outside an institution; and (2) they would have to be institutionalized (but for such home care) at a cost that is equal to or greater than the cost of home care. Amends the Internal Revenue Code to provide a tax credit for a taxpayer who maintains a household for a disabled dependent as described in the above paragraph. Provides that the maximum allowable credit shall be $750.
United States · United States Congress · 3 March 1983
Grants a Federal charter to the National Society, Daughters of the American Colonists.
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 the week beginning May 8, 1983, as Municipal Clerk's Week.
United States · United States Congress · 3 March 1983
Authorizes and requests the President to designate the week of October 2, 1983, as National Port Week.
United States · United States Congress · 2 March 1983
Administrative Rulemaking Reform Act - Amends the Administrative Procedure Act to revise rulemaking requirements. Exempts from notice and comment requirements: (1) only those matters pertaining to military or foreign affairs functions which are properly classified under executive order to be kept secret in the interest of the national defense or foreign policy; and (2) temporary emergency rules. Eliminates the current exemption for: (1) matters concerning public property, loans, grants, benefits, or contracts; (2) interpretive rules; and (3) general policy statements. Directs a Federal agency to: (1) make a reasonable attempt to notify persons likely to be affected by a proposed rulemaking; and (2) send a notice of a proposed rulemaking to any person requesting it. Requires each rulemaking notice to include: (1) the purpose, projected effective date, and text of the proposed rule; and (2) a list of the studies upon which the agency intends to rely in the rulemaking. Pemits an agency to: (1) invite persons representing different points of view to submit suggestions regarding the content of a proposed rule; or (2) create an advisory committee to report such suggestions. Directs an agency to give interested persons 45 days after notice of a rulemaking to submit written comments on the proposed rule. Permits an agency to extend such period and to hold hearings to receive oral comments. Requires an agency to: (1) implement appropriate procedures to resolve any controversial factual issue which will materially affect the substance of a proposed rule; and (2) state its resolution of such issue not later than the date the final rule is published. Requires each agency to maintain a public file of all relevant material and required statements for each rulemaking as well as the objections to the rule and the reasons for rejecting those objectives. Sets forth the procedure for the promulgation of a rule to replace an emergency rule. Terminates an emergency rule 210 days after it is issued or on the effective date of the rule replacing it, whichever occurs first. Declares that no person shall be required to comply with a rule adopted not in accordance with the Administrative Procedure Act, but permits a person to challenge such rule or raise it as a defense in an agency proceeding or a criminal prosecution. Directs an agency to submit a copy of each rule promulgated, with specified exceptions, to each House of Congress. Declares that the rule shall not become effective if: (1) within 60 days of continuous session of Congress (days) one House adopts a concurrent resolution disapproving the rule and the other House does not disapprove such resolution within 30 days thereafter; or (2) within 60 days a committee of either House has reported or been discharged from consideration of such a resolution and within 90 days both Houses have adopted it. Prohibits an agency from promulgating a new rule identical to one disapproved unless a statute affecting the subject matter of the rule is adopted. Authorizes either House to adopt a resolution directing agency reconsideration of a rule, other than an emergency rule. Declares that a new rule shall not become effective if: (1) within 60 days after it is promulgated a committee of either House has reported or been discharged from consideration of such a resolution; and (2) within 90 days after the rule is promulgated either House has adopted such resolution. Directs an agency to reconsider and repromulgate a revised rule within 60 days after such a resolution is adopted or the rule shall lapse. Requires an agency to repromulgate an existing rule within 180 days after the adoption of a resolution of reconsideration with respect to such rule or the rule shall cease to be effective. Sets forth House and Senate procedures for considering such resolutions of disapproval or reconsideration. Directs a court reviewing an agency rule to set aside any rule found to be unwarranted by material in the rulemaking file.
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.