United States · United States Congress · 5 May 1983
Home Ownership Incentive Act of 1983 - Amends the Internal Revenue Code to allow an income tax deduction for contributions of cash, stocks, bond, or other securities tradeable on an established exchange to a tax-exempt trust account established for the exclusive purpose of purchasing the taxpayer's first principal residence. Limits the maximum annual deduction to $1,000 with a maximum lifetime deduction of $10,000. Excludes distributions from such account from gross income if they are used exclusively for the purchase of a first principal residence. Imposes a ten percent surtax on distributions from an individual housing account which are not used for the purchase of a principal residence. Requires the trustee of an individual housing account to report on the maintenance of the account. Imposes a penalty for failure to file required reports.
United States · United States Congress · 2 May 1983
National Ocean Policy Commission Act of 1983 - Establishes a 15-member National Ocean Policy Commission to make recommendations on a comprehensive national oceans policy. Specifies issues such recommendations must address. Sets forth factors the Commission must take into account in developing its recommendations. Directs the Commission to make a final report to the President and to each House of the Congress not later than two years after the Commission first meets. Terminates the Commission on the thirtieth day after the final report is submitted. Authorizes appropriations for FY 1984 and 1985.
United States · United States Congress · 21 April 1983
Panama Canal Authorization Act, Fiscal Year 1984 - Authorizes appropriations from the Panama Canal Commission Fund to the Panama Canal Commission for FY 1984 for the Commission's operating and capital expenses. Authorizes reimbursement of other agencies for services provided to Commission officers, employees, and their dependents. Authorizes additional appropriations from the Panama Canal Commission Fund for FY 1984: (1) increases in Commission employee benefits provided by law; (2) payments to Panama; and (3) increased fuel costs.
United States · United States Congress · 21 April 1983
Expresses the sense of the House of Representatives that the President should reduce imports of apparel to no more than 25 percent of the American apparel market.
United States · United States Congress · 18 April 1983
Amends the Interstate Commerce Act to revise the Federal rail transportation policy to allow competition among carriers to provide transportation services to establish rates. (Currently competition and the demand for services establish such rates.) Removes provisions which require the maintenance of reasonable rates where rail rates provide excessive revenues. Sets forth factors for the Interstate Commerce Commission to consider when determining the reasonableness of rail rates. Revises standards and procedures for establishing revenue levels for rail carriers. Requires the Commission to assist carriers in attaining such revenue levels, while recognizing the need to maintain reasonable rates where there is market dominance. Revises factors which determine whether or not a rail carrier establishing a challenged rate has market dominance over transportation. Directs the Commission, in determining the existence or absence of effective competition, to consider only transportation competition for the same commodity. Requires the Comptroller General to make appointments to the Railroad Accounting Principles Board within 120 days of enactment of this Act. Terminates the Board three years after its members have been appointed.
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 · 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 · 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 · 22 March 1983
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the use of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide information, materials, training, technical assistance, and evaluations. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1984 through 1987.
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 · 17 March 1983
Expresses the sense of the Congress that the United States should use the upcoming Economic Summit meetings to indicate its willingness to pursue monetary and fiscal policies necessary to stimulate growth in this country and to help lead a world economic recovery. Urges an agenda that includes: (1) consideration of a multilateral agreement to adopt national fiscal and monetary policies designed to reduce worldwide unemployment promptly; (2) inauguration of a plan to extend the maturity of foreign debt owed by developing nations; and (3) commitment to correct any lack of uniformity or deficiencies in the regulation and supervision of international banking.
United States · United States Congress · 16 March 1983
Natural Gas Fair Marketing Act of 1983 - Amends the Natural Gas Policy Act of 1978 to define the term "abuse" so as to include misrepresentation, imprudence on the part of the pipeline, failure by a pipeline to bargain at arms-length with any producer, and the entering into of or operating pursuant to any contract by any pipeline with any producer if such contract materially prevents the pipeline from responding to changes in customer demand or other market forces. Voids any cost passthrough if the Federal Energy Regulatory Commission (FERC) determines that the amount paid by a pipeline for natural gas was excessive due to abuse. Prohibits any contract price provision for the first sale of natural gas to any pipeline which does not establish a specific unit price predictable with certainty over the duration of the contract (indefinite price escalator provisions). Deems any contract for the first sale of natural gas to any pipeline to allow the pipeline to escape the contract or to negotiate a new lower price if the natural gas is not marketable at the contract price (market-out provisions). Deems any contract for the first sale of natural gas to any pipeline to include a purchase requirement adjustment provision which, as a general rule, authorizes a pipeline, without obligation to pay, to exercise a right not to accept delivery of any portion of the volume of natural gas which the pipeline has contracted to accept, if the pipeline has determined that it cannot market the total volume of gas contracted for. Prohibits a pipeline from reducing, pursuant to these contract provisions, the volume of natural gas the pipeline accepts delivery of below a level equal to 50 percent of the volume contracted for. Deems any contract for the sale of natural gas to a pipeline to include a transportation obligation clause which provides that whenever a pipeline has exercised its right under any contract provision to reduce the volume of natural gas the pipeline is obligated to take delivery of on the grounds that pipeline cannot market the total volumes for which it is so obligated for, the pipeline shall provide, on behalf of the seller, transportation of any of the volume of the natural gas: (1) which is involved in the reduction; (2) which is resold by the seller to another purchaser; and (3) which the pipeline would be required to pay for in the absence of the exercise of such contract provision. Provides that the consideration for any transportation provided under these contract provisions shall be five cents per million Btu's plus the cost of such transportation. Directs FERC, in cooperation with the affected State commissions and the national organization of the State commissions, to endeavor to restructure relationships between pipelines and local distribution companies for the purpose of reducing gas distribution purchase costs through increased reliance on competitive market forces. Directs FERC to issue regulations requiring any first sale purchaser of natural gas to file a copy of the contract with FERC. Repeals incremental pricing provisions of the Act. Makes technical and conforming amendments.
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
Expresses the sense of the House of Representatives that it should take cetain steps to honor commitments to the civil service retirement system and continue to provide the current level of retirement benefits to Federal and postal retirees.
United States · United States Congress · 11 March 1983
Exclusive Economic Zone Implementation Act - Title I: Establishment and Implementation of the Exclusive Economic Zone - Establishes a 200 nautical mile U.S. exclusive economic zone. States that the United States will assert its sovereignty in such zone subject to international freedoms of the high seas. Directs the Secretary of State to: (1) enter into marine research agreements with coastal States; and (2) submit research requests to the appropriate States. Requires: (1) Federal agencies to report to the President regarding programs affected by such zone's establishment within 12 months; and (2) the President to submit a comprehensive report to Congress within 18 months. Title II: Exploration for, and Exploitation of, the Mineral Resources of the Exclusive Economic Zone, Outer Continental Shelf, and Deep Seabed - Amends the Outer Continental Shelf Lands Act to redefine "Outer Continental Shelf" to include a distance of 60 nautical miles from the foot of the continental slope. Renames the Deep Seabed Hard Mineral Resources Act the Deep Seabed Mineral Resources Act. Eliminates specified references to the Law of the Sea Treaty. Terminates the prohibition on issuing permits for new commercial recovery activities (presently prohibited through January 1, 1988). Authorizes appropriations through FY 1987. Renames the Deep Seabed Hard Mineral Removal Tax Act of 1979 (Internal Revenue Code) the Deep Seabed Mineral Removal Tax Act of 1979. Eliminates references to an international deep seabed treaty, including a treaty-related tax termination date imposed on the removal of mineral resources. Requires the Secretaries of the Interior and Commerce to issue a memorandum of understanding regarding certain mining operations on both the outer continental shelf and the deep seabed. Title III: Fishery Conservation and Management - Amends Federal law to state that the United States shall exercise sole fishery management authority (except with regard to highly migratory fishes) within the exclusive economic zone.
United States · United States Congress · 11 March 1983
Individual Housing Account Act - Amends the Internal Revenue Code to allow an income tax deduction for cash contributions to a trust account established for the exclusive purpose of purchasing the taxpayer's first principal residence. Limits the maximum annual deduction to $5,000, with a maximum lifetime deduction of $20,000. Excludes distributions from such account from gross income if they are used exclusively for the purchase of a first principal residence. Imposes a ten percent surtax on distributions from an individual housing account which are not used for the purchase of a principal residence. Requires the trustee of an individual housing account to report on the maintenance of the account. Imposes a penalty for failure to file required reports.
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
Emergency Housing Assistance Act of 1983 - Amends the Emergency Housing Act of 1975 to direct the Secretary of Housing and Urban Development to make emergency mortgage relief payments to mortgagees on behalf of certain delinquent mortgagors in a district when, for three consecutive months, the amount of delinquent mortgage loans exceeds a specified percentage of the amount of all loans accounted for in the mortgage delinquency series maintained by the Federal Home Loan Bank Board for such district or the nation. Provides for the discontinuation and reinstitution of such assistance program depending on such delinquency rate condition. Directs the Secretary to notify the mortgagees in a district of the institution or reinstitution of such a program in that district. Lists the conditions for assistance eligibility, which include requirements that: (1) the mortgage is not federally insured under the National Housing Act or the Housing Act of 1949; (2) the mortgagor has suffered a substantial reduction in income as a result of circumstances beyond the mortgagor's control which renders the mortgagor unable to make full mortgage payments; and (3) the Secretary has determined that assistance is necessary to avoid foreclosure and that it is likely that the mortgagor will be able to resume full mortgage payments within 36 months and pay the mortgage in full by its maturity date. Establishes a rebuttable presumption that a mortgagor will be able to resume making full payments and pay the mortgage in full if the mortgagor suffered a reduction in income because of a loss of, or reduction in, employment. Requires each mortgagee, at least 30 days before instituting any foreclosure proceeding, to assist the mortgagor involved in applying for assistance under this Act, unless the mortgagor waives such assistance. Prohibits a mortgagee from instituting foreclosure proceedings until it receives notice of the Secretary's decision on such an application. Allows a mortgagor to apply for assistance after foreclosure proceedings have begun, in which event such proceedings shall be stayed pending the Secretary's decision. Requires an application to contain the mortgagee's certification that at least three full monthly payments are past due and that the mortgagee has extended a specified amount of voluntary forebearance. Declares that assistance payments shall: (1) not exceed amounts necessary to supplement the amounts the mortgagor is able to contribute; (2) be not less than the amount necessary to ensure that the total monthly housing expense of the mortgagor does not exceed 38 percent of his or her net effective income; and (3) be provided for a period not to exceed 18 months plus any period of delinquency, with an 18-month extension if necessary to avoid foreclosure. Directs the Secretary to establish certain procedures for ascertaining the mortgagor's financial circumstances to determine whether such payments should be adjusted or terminated. Declares that all assistance payments shall be secured by a lien on the property and repayable on terms prescribed by the Secretary, with certain restrictions. Allows a mortgagor to receive assistance under this Act more than once, except that payments may not be provided for a mortgagor for more than an aggregate of 36 months. Sets forth the authority of the Secretary to recapture such assistance. Directs the Secretary to: (1) provide homeownership counseling to persons assisted under this Act; and (2) approve or disapprove an application for assistance within 45 days. Creates the Homeowners Emergency Relief fund to be available to carry out this Act. Authorizes appropriations and limits expenditures for assistance under this Act. Requires the Secretary and certain Federal agencies which supervise financial institutions to: (1) encourage such institutions to exercise forebearance with respect to residential mortgages; and (2) waive or relax limitations pertaining to the operations of such institutions or mortgagees with respect to mortgage delinquencies. Directs the Federal home loan banks, the Federal Reserve banks, and the National Credit Union Administration to give special consideration to advance, discount, or credit applications of the institutions or borrowers that have exercised forebearance in residential mortgage foreclosures. Requires the Secretary to report to Congress every 90 days on: (1) the rate of delinquencies and foreclosures in various housing markets; (2) the prospects of voluntary forebearance by mortgagees in such areas; (3) Government actions to encourage such forebearance and to provide assistance under this title; and (4) the default status of mortgages on multifamily properties with recommendations on curing and avoiding such defaults. Directs the Secretary to study and report on the use of alternative mortgage delinquency series under this title. Amends the Housing and Community Development Act of 1974 to authorize appropriations for grants by the Secretary to local governments and Indian tribes for the provision of shelter and essential services for individuals who are subject to life-threatening situations because of their lack of housing. Requires that a house which is rehabilitated with such assistance be used for emergency housing for at least three years. Directs the Secretary to: (1) consider the special housing needs of families and single women; and (2) ensure that such grants do not replace funds currently expended for such shelter and services. Amends the Housing Act of 1949 to require the Secretary of Agriculture, prior to taking any action that would result in a borrower losing housing financed by a rural housing loan, to grant a moratorium on loan payments if the borrower shows that he or she is unable to continue making payments because of circumstances beyond his or her control. Requires the Secretary to: (1) ensure that delinquent borrowers are informed of the availability of such assistance; and (2) provide technical assistance to borrowers applying for such assistance. Authorizes the Secretary to reamortize the accrued debt of a borrower if reamortization is likely to result in the resumption of payments by the borrower.
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 · 7 March 1983
Expresses the sense of Congress that the President should: (1) develop and implement a national program to expand U.S. exports of agricultural commodities; and (2) submit to the Congress a report containing a description of such program, including proposed Executive actions and legislative recommendations.
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.
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
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to substitute a new title III (Marine Sanctuaries) for the existing title III. Gives Congress, upon the Secretary of Commerce's recommendation, the authority to designate areas as marine sanctuaries. Requires the Secretary to: (1) publish an initial list of suitable sanctuary areas in the Federal Register by July 31, 1983; (2) submit a written report and draft legislation with each designation recommendation; and (3) consult with interested Federal and State officials, and hold hearings in affected areas before making any such recommendation. Permits the Secretary to promulgate emergency regulations. Subjects violators of this title to civil penalties of up to $50,000. Vests jurisdiction in U.S. district courts. Authorizes appropriations through FY 1986.
United States · United States Congress · 23 February 1983
Small Business Tax Relief Act of 1983 - Amends the Internal Revenue Code to limit recognition on the gain from the sale or exchange of an unincorporated trade or business prior to the time that the taxpayer attains age 55 by providing that such gain shall be recognized only to the extent that it exceeds the cost of reinvesting in replacement property for another small business venture. Provides for the taxation of such gain, after age 55, as ordinary income according to the ten year averaging rules applicable to lump sum distributions from qualified retirement trusts. Increases the amount of depreciable business property which a taxpayer may elect to deduct in the current year to a maximum of $20,000 in 1986 and thereafter. Permits a current year deduction for the cost of real property purchased for use in a trade or business. Permits a taxpayer election to amortize over a 36 month period expenses for depreciable property which is acquired to put a small business in compliance with Federal regulations and and which does not have any economic usefulness for the business. Exempts domestic international sales corporations (DISC) which have an adjusted taxable income of $1,000,000 or less from the limitations on deferral of base period export gross receipts which are applicable to larger corporations. Permits businesses with gross receipts of less than $1,000,000 to elect the cash method of accounting in reporting income. Allows a credit or refund to employers of their proportionate share of excess social security taxes paid on behalf of employees who were employed by two or more employers during the taxable year. Permits an income tax credit of $5 for each form or document which a small business is required to file pursuant to Federal law.
United States · United States Congress · 17 February 1983
Authorizes the establishment of Federal employee health benefit plans for members of employee organizations which applied at any time to the Office of Personnel Management for plan approval. (Current law authorizes the establishment of such plans for members of organizations which applied between December 31, 1978, and January 1, 1980.) Specifies the period during which members of such organizations may transfer their enrollments to such an approved plan.
United States · United States Congress · 15 February 1983
Amends the Alaska National Interest Lands Conservation Act to increase the acreage of the following preserves in Alaska (thereby easing restrictions on hunting on certain lands): (1) the Katmai National Preserve; (2) the Gates of the Arctic National Preserve; (3) the Noatak National Preserve; (4) the Lake Clark National Preserve; (5) the Wrangell-Saint Elias National Preserve; (6) the Denali National Preserve; (7) the Kenai Fjords National Preserve; (8) the Glacier Bay National Preserve; and (9) the Aniakchak National Preserve.
United States · United States Congress · 15 February 1983
Small Business Investment Incentive Act - Amends the Internal Revenue Code to grant individuals an income tax deduction for purchases, up to $15,000, of small business corporation stock which is sold under a plan conforming to requirements specified by this Act. Defines "small business corporation" as an S corporation which is actively engaged in a trade or business and which is not a personal service corporation. Specifies requirements for the sale of small business corporation stock under this Act, including requirements that the corporation's aggregate sales price for such stock may not exceed $250,000, that stock must be purchased with cash, and that the proceeds from the sale of such stock must be used by the small business corporation in the active conduct of its trade or business. Permits taxpayers who do not itemize deductions to deduct from gross income purchases of small business stock which qualify under this Act.