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![Official portrait of Rep. Ireland, Andrew P. [R-FL-10]](https://www.congress.gov/img/member/i000029_200.jpg)
United States · Official source
1,778 records where Rep. Ireland, Andrew P. [R-FL-10] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 3 March 1983
World War I Veterans Service Pension Act - Directs the Administrator of Veterans Affairs to pay (in addition to any pension already paid) a monthly pension of $150 to each veteran of World War I who meets specified service requirements and to certain surviving spouses.
United States · United States Congress · 3 March 1983
Designates November 1983 as National Alzheimer's Disease Month.
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 · 2 March 1983
Designates the week of May 29, 1983, as National Tourism Week.
United States · United States Congress · 2 March 1983
Expresses the sense of the House to recognize the need for attention to the rate of increase in Federal spending and to urge the Committee on the Budget to use figures frozen at the previous fiscal year's budget levels, and not the traditional current services basis.
United States · United States Congress · 28 February 1983
Designates the square dance as the national folk dance of the United States.
United States · United States Congress · 24 February 1983
Amends the National Sea Grant College Program Act to authorize appropriations for FY 1984 and FY 1985.
United States · United States Congress · 24 February 1983
Designates the week of May 15 1983 through May 21, 1983, as National Parkinson's Disease Week.
United States · United States Congress · 15 February 1983
Prescribes when active duty for members of the National Guard includes training or certain specified duty.
United States · United States Congress · 10 February 1983
Amends the Automobile Dealers Day in Court Act to prohibit a manufacturer from selling, leasing, or offering to sell or lease any passenger car, truck, or stationwagon to any person (or any other dealer) at a price lower than the price at which the same model is sold to its franchised dealers. Prohibits a manufacturer from imposing restrictions on some purchasers of automobiles, but not others. Requires that all rebates, discounts, refunds or other promotional inducement or benefit be provided to all ultimate purchasers of the same model of motor vehicle during the same period of time. Establishes an exception to the Act for the sale of automobiles to Federal, State or local governmental units. Applies this Act to importers of covered motor vehicles who import directly or through distributorships. Allows an automobile dealer to recover reasonable attorneys fees resulting from an action under this Act. Limits standing for a cause of action for termination of an agreement under this Act to dealers who comply with all reasonable provisions of the franchise agreement in question.
United States · United States Congress · 10 February 1983
Residential Mortgage Investment Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to exempt from specified prohibited transaction provisions: (1) any qualified mortgage transaction engaged in by an employee benefit plan provided only that such transaction received the prior approval of an independent fiduciary; and (2) purchase, retention, or sale by an employee benefit plan of interests in Federal or State government-guaranteed residential mortgage loans.
United States · United States Congress · 10 February 1983
Acidic Deposition Study and Ecosystem Mitigation Act - Amends the Clean Air Act to provide for a program of acidic deposition analysis and mitigation. Directs the Administrator of the Environmental Protection Agency to study and report, within the five-fiscal- year period following the submission of the final comprehensive research plan under the Acid Precipitation Act of 1980, on acidic deposition to specified congressional committees. Sets forth required inclusions and procedures for such report. Authorizes the Administrator to make grants to any State or interstate agency to develop and implement on-site methods of mitigating the harmful effects on ecosystems resulting from high acidity which may be due to acidic deposition. Limits such grants to 75 percent of project costs. Authorizes appropriations to the Administrator for the five fiscal years following the enactment date of this Act for the preparation of such report and the making of such grants.
United States · United States Congress · 8 February 1983
Directs the Administrator of Veterans Affairs to acquire the necessary land and establish a national cemetery in Florida.
United States · United States Congress · 8 February 1983
Requires the Administrator of Veterans Affairs to consider the current and projected number of veterans residing in each State when deciding where medical facilities should be constructed or acquired. Directs the Chief Medical Director to determine, at the end of each fiscal year, the current and projected number of veterans residing in each State. Requires the Director to report such information to the appropriate committees and to consider it when making recommendations for the apportionment of funds.
United States · United States Congress · 8 February 1983
Directs the Administrator of Veterans affairs to construct a hospital in Florida. Authorizes appropriations.
United States · United States Congress · 8 February 1983
Amends the Internal Revenue Code to make permanent the deduction for charitable contributions by taxpayers who do not itemize deductions.
United States · United States Congress · 8 February 1983
Expresses the sense of the House of Representatives that Anatoly Shcharansky should be released from prison and permitted to emigrate. Urges continued expression of U.S. opposition to the imprisonment of Anatoly Shcharansky.
United States · United States Congress · 8 February 1983
States that the Administrator of Veterans Affairs should implement as quickly as possible the recommendations of "A Thirty Year Study of the Needs of Veterans in Florida" concerning the health needs of veterans.
United States · United States Congress · 7 February 1983
National Heritage Resource Act of 1983 - Amends the Internal Revenue Code to allow creators of artistic properties an income tax deduction for the current fair market value of literary, musical, or artistic compositions which they contribute to charitable organizations. Requires: (1) that the artistic property be created by the taxpayer at least one year prior to the time of such contribution; (2) that the fair market value of such property be appraised within one year of the date of contribution; and (3) that the donee of such property show that the use of the property will be related to the charitable purpose or function of his organization. Denies a fair market value deduction for contributions of any letter, memorandum, or similar property produced by a Federal or State employee which arose out of the performance of such employee's official duties. Exempts such fair market value deduction from the application of the minimum tax.
United States · United States Congress · 2 February 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code of 1954 to permit the continued issuance of tax-exempt (interest excluded from gross income) mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 31 January 1983
Federal Computer Systems Protection Act of 1983 - Amends the Federal criminal code to establish penalties for using or attempting to use certain computers with intent to defraud, obtain property by false pretenses, embezzle, steal, or knowingly convert the property of another. Limits the kinds of computers covered by this Act to those operating in interstate commerce, or operating on behalf of the Federal Government or of a financial institution (where the prohibited conduct directly affects the computer operation). Specifies factors which Federal law enforcement officers must consider in determining whether to exercise jurisdiction over such offense, where concurrent jurisdiction exists with a State or local government. Directs the Attorney General to report annually to Congress on the extent of the exercise of such Federal jurisdiction.
United States · United States Congress · 31 January 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to delay the effective date of provisions requiring the withholding of tax on interest and dividends until 1984. Repeals provisions authorizing the Secretary of the Treasury to delay the application of such provisions for certain payors.
United States · United States Congress · 27 January 1983
Transfers methaqualone from Schedule II (abuse potential, but with accepted U.S. medical use) to Schedule I (abuse potential, with no accepted U.S. medical use) of the Controlled Substances Act. Makes this Act effective within 30 days.
United States · United States Congress · 27 January 1983
Coal Pipeline Act of 1983 - Amends the Mineral Leasing Act of 1920 to authorize the Secretary of the Interior to grant or renew rights-of-way over, under, upon, or through any Federal lands for the construction, operation, maintenance, or extension of coal pipelines, if the person seeking the right-of-way has been issued a certification that it is in the national interest to construct, operate, and maintain the pipeline (or extend the pipeline). Prohibits granting a right-of-way over, under, upon, or through an historic site unless there is no feasible alternative and planning is made to minimize damage to the site. Requires a right-of-way granted or renewed under this Act to be granted or renewed in accordance with the requirements of the Federal Land Policy and Management Act. Prohibits the provisions of this act from affecting an existing or pending right-of-way except that if a certification has been made any renewal or extension may only be made pursuant to this Act. Authorizes the Secretary to issue regulations necessary to carry out this Act. Prohibits the United States or its agents from reserving, using, or claiming water in any State for a pipeline for which a certification has been issued unless such action takes place pursuant to State law. Authorizes acquisition of private lands by eminent domain if a certification has been issued, except with respect to historic sites or wildlife refuges. Requires the Secretary, if he or she determines that it is in the national interest, to approve an application for certification. Authorizes the Secretary to modify such application before its approval. Requires the Secretary in making such application determination to consider the extent to which a pipeline would: (1) help meet national needs; (2) enhance competition and provide new market outlets and opportunities; (3) contribute to national security; and (4) affect the environment. Directs the Secretary to notify the Attorney General of any pending application prior to making certification so as to permit the Attorney General to conduct an antitrust review. Requires every coal pipeline carrier issued a certification to provide service on reasonable request. Permits the use of eminent domain to acquire any portion of a right-of-way acquired under this Act if the use of such right-of-way is consistent with the operation and maintenance of the pipeline. Requires pipelines to be underground to the maximum extent possible. Directs the Secretary to issue regulations establishing uniform Federal standards for the safe design, installation, inspection, and maintenance of coal pipeline facilities. Exempts facilities under construction. Sets forth civil and criminal penalties for violations of such regulations. Authorizes the Attorney General to institute a civil action for a restraining order or injunction to enforce any provision of this Act. Sets forth civil and criminal penalties for violations of this Act.
United States · United States Congress · 27 January 1983
Amends the Bail Reform Act of 1966 to authorize a judicial officer, when making a pretrial release determination, to consider whether a person charged with possession or transfer of a controlled substance will pose a danger to any other person or the community. Requires the judicial officer to hold a hearing for such persons to determine whether surety resources have been obtained by noncriminal means.
United States · United States Congress · 26 January 1983
Law Enforcement Officers Protection Act of 1982 - Establishes criminal penalties applicable to licensees under the Gun Control Act of 1968 who import, manufacture, or sell a "restricted handgun bullet," except as authorized by the Secretary of the Treasury. Establishes additional criminal penalties, including a mandatory minimum sentence of one year's imprisonment, for: (1) using a restricted handgun bullet to commit a Federal felony; or (2) carrying a restricted handgun bullet unlawfully during commission of a Federal felony.
United States · United States Congress · 25 January 1983
Declares it to be the policy of the Government that: (1) Federal procurement should be accomplished on a competitive basis wherever possible through the General Services Administration (GSA); (2) the use of multiple award schedules should be restricted to cases where competitive single awards are not feasible, sales volume justifies centralized procurement, and a valid need exists for functionally similar items with different prices and features; and (3) where the volume of products purchased is too low to provide a price advantage and commercial "off-the-shelf" products can be substituted for products designed to Government specifications, individual agencies should purchase items locally subject to review by GSA. Directs the Administrator of GSA to implement such policy, the recommendations on procurement contained in the Comptroller General's report of May 2, 1979, and the policy statement prepared by the Office of Acquisition Policy in response to such report. Directs the Administrator, within 60 days after enactment, to issue transitional regulations governing purchases from any multiple award schedule. Requires that such regulations: (1) include the requirement that whenever any agency procurement officer or employee determines that an item in such a schedule is available from a commercial source in the area at a lower cost and under conditions which are no less favorable to the Government than is the case under the schedule, the item shall be purchased from that source; and (2) establish procedures for the audit and review of any such purchase and the enforcement of such regulations by GSA. Repeals such regulations on the effective date of the regulations which are issued to implement the procurement policy declared by this Act and which apply to any item on a multiple award schedule. Requires the Administrator to submit to Congress periodic reports on actions taken, and legislation needed, to carry out this Act.
United States · United States Congress · 25 January 1983
Authorizes the President to present on behalf of Congress a gold medal to Danny Thomas in recognition of his humanitarian efforts and outstanding work as an American. Directs the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions to be determined by said Secretary. Provides, effective October 1, 1983, funds not to exceed $22,000 to carry out the purposes of the Act. Provides that the Secretary may cause bronze duplicates of the medal to be coined and sold under regulations prescribed by the Secretary at a price sufficient to cover the costs of producing the gold medal. Directs that the appropriation used to carry out the provisions of the Act shall be reimbursed out of the proceeds from such coin sales. Provides that the medals are to be national medals.
United States · United States Congress · 6 January 1983
Soviet-Eastern European Research and Training Act of 1983 - Establishes the Soviet-Eastern European Research and Training Trust Fund in the Treasury. Appropriates a specified amount for the Fund. Requires that the interest on any obligations held in the Fund shall be available for payments to the National Council for Soviet and East European Research. Requires the Council to use parts of the payments made in each fiscal year to: (1) develop and publicize a research agenda at the postdoctoral level in the field of Soviet and Eastern European studies and to award contracts for appropriate research projects; (2) establish and publish the findings of a fellowship program for advanced training in Soviet studies; (3) make payments to the Woodrow Wilson International Center for Scholars to provide fellowship support and research facilities in Washington, D.C., for American specialists to conduct advanced research and to conduct workshops designed to facilitate research collaboration between Government and private specialists; and (4) make payments to the International Research and Exchanges Board to conduct specialized reciprocal programs in advanced training and research in the Soviet Union and Eastern Europe to facilitate access for American specialists to research resources in the Soviet Union and Eastern Europe. Sets forth the method of submitting applications to the Secretary of the Treasury for payments from the Fund. Provides that the Secretary shall manage the Fund. Requires the Council to report annually to the President and the Congress on the activities supported by this Act of the Council, the Board, and the Wilson Center.
United States · United States Congress · 6 January 1983
Federal Employees Health Benefits Reform Act of 1983 - Increases the amount of the Government's contribution for an employee enrolled in an employee health benefits plan from 60 to 75 percent of the average subscription charge for such plan. Increases the maximum Government contribution for an enrollee from 75 to 100 percent of such subscription charge. Requires payment of a Government differential equal to five percent of the average subscription charge, in addition to the Government's contribution, for any enrollee who is over 65 years of age and not entitled to medicare benefits. Excludes such differential in determining the amount to be paid by the enrollee. Permits the following persons to elect to continue coverage under a Federal employees' health benefits plan for a specified period: (1) an employee who is involuntarily separated from the civil service due to a reduction in force; (2) the spouse of an enrollee whose marriage is dissolved by divorce or annulment, if the enrollee was enrolled for self and family; (3) an individual who elects to receive the lump-sum credit for civil service retirement benefits; and (4) an individual 22 years of age or older whose enrollment was based on such individual's being an unmarried child who was incapable of self-support because of a mental or physical disability which existed and did not terminate before the individual attained the age of 22. Requires such persons who elect to continue coverage to pay into the Employees Health Benefits Fund an amount equal to the sum of employee and agency contributions paid for the same level of benefits. Allows such a person to: (1) change to a lower level of benefits; (2) change coverage within 60 days after a change in family status; and (3) transfer enrollment to another plan under conditions prescribed by the Office of Personnel Management (OPM). Provides a temporary extension of coverage to allow persons who elected not to continue coverage or whose continued coverage is terminated to convert to a nongroup contract providing health benefits. Allows annuitants whose annuity is less than the amount required to be withheld for enrollment in a health benefits plan to pay the amount of any deficiency required for enrollment. Requires contracts for employee organization plans to require carriers to: (1) reinsure with other participating companies; (2) enter into an agreement approved by OPM with an underwriting subcontractor licensed to issue group health insurance in all States and the District of Columbia; and (3) meet minimum financial standards prescribed by OPM. Requires the service benefit plan and the indemnity benefit plan to provide, in addition to all currently authorized benefits: (1) nervous and mental disorder benefits; (2) alcoholism and substance abuse treatment and rehabilitation benefits; and (3) comprehensive dental benefits. Prohibits the OPM from entering into a contract for any service benefit, indemnity benefit, or employee organization plan which does not provide for 50 outpatient visits and 60 inpatient days of nervous and mental disorder benefits and two 28-day alcoholism treatment and rehabilitation benefits. Requires any limits on nervous and mental disorder benefits to be exceeded on a case by case basis only to the extent that a peer review mechanism determines such treatment to be necessary. Requires 80 percent of such excessive benefit claims to be paid from the balance of one percent of all contributions to the Employees Health Benefits Fund remaining after the expenses of administering provisions governing Federal employees health benefit plans are paid. Prohibits the OPM from entering into a contract with a carrier for any health benefits plan which does not provide 95 percent of the benefits that such plan or the most similar plan provided during the preceding year, unless the carrier and the OPM mutually agree to waive such requirement. Directs the OPM to: (1) provide a three week period during which enrollees in health benefits plans may change or cancel their enrollments before any contract term in which the rates or benefits of a plan will change, a new plan will be offered, or an existing plan will be terminated; and (2) make available to such enrollees information on such plans at least four weeks before such open enrollment period. Prohibits the OPM from entering into a contract for a health benefits plan which excludes anyone because of nonactive employee status. Eliminates the requirement that the group of physicians under a group-practice prepayment plan include physicians representing at least three major medical specialties.
United States · United States Congress · 6 January 1983
Grants access to criminal records in the custody of the Attorney General to non-law enforcement officials and agencies of any State or city if the laws or regulations of such jurisdiction authorize or require such official or agency to acquire criminal record information in the performance of duty. Directs the Attorney General to establish standards and procedures for the acquisition and exchange of identification records.
United States · United States Congress · 6 January 1983
Authorizes and requests the President to designate the week beginning on November 20, 1983, as National Family Week.
United States · United States Congress · 3 January 1983
Regulatory Procedure Act of 1982 - Title I: The Analysis, Management, and Organization of Agency Functions - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including an analysis of the extent to which benefits of the rule justify its costs and an explanation of the selection of the rule over less costly alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review over a ten-year period of its existing major rules and other rules that may be added by the agency or the President. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, by which the rule must be reviewed. Requires agencies to review rules according to such schedule, excluding rules that are no longer considered to be major rules as of the review date. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to repeal or amend the rule; or (5) publish a justification of its decision to continue the rule. Permits the President to extend the review period to 15 years. Allows agencies to alter review schedules if the President agrees. Title II: Reorganizing and Improving Agency Proceedings - Amends the Administrative Procedure Act to eliminate the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Requires each agency to submit a copy of each newly promulgated rule (with specified exceptions) to each House of Congress. Prohibits the rule from taking effect if: (1) either House adopts a resolution disapproving it within 60 legislative days after the date the rule is submitted; and (2) the other House does not disagree to such resolution within 65 legislative days after such date. Provides that a rule shall take effect the day after either House disagrees to a resolution disapproving it within such periods. Prohibits an agency from promulgating a new rule identical to a disapproved rule unless a statute is enacted that affects the agency's authority over the subject matter. Authorizes either House to adopt a resolution directing an agency to reconsider an existing rule. Requires an agency to respond to such a resolution by: (1) publishing a notice that the agency reviewed the rule and found that no action is necessary; or (2) initiating appropriate rulemaking proceedings concerning the rule. Provides that a rule which was excluded from congressional review when promulgated must be subjected to congressional review if Congress adopts a resolution for reconsideration of such rule. Exempts rules promulgated pursuant to resolutions of reconsideration from certain rulemaking requirements for major rules under title I of this Act. Sets forth House and Senate procedures for considering such resolutions of disapproval or reconsideration. Amends the rules of the House to establish a Regulatory Review Calendar to which all such resolutions shall be referred. Terminates the force and effect of any existing law governing procedures for the congressional review of agency rules with respect to rules promulgated after enactment of this Act.
United States · United States Congress · 3 January 1983
Hobbs Act Amendment of 1983 - Amends the Hobbs Act to establish penalties for obstructing, affecting, or interfering with commerce by willfully injuring, damaging, burning, or destroying to the value of $2,000 or more any real or personal property of any person at or near any place where work or business of an employer or owner is carried on or where such employer or owner transports, stores, or maintains property for business or other purposes. States that such violation, as well as the offense of interfering with commerce by extortion, shall not be nullified or mitigated even if committed in the course of a legitimate labor dispute.
United States · United States Congress · 3 January 1983
Taxpayer Protection Act - Amends the Internal Revenue Code to subject the Internal Revenue Service (IRS), in the collection of taxes, to provisions of the Fair Debt Collection Practices Act regarding communication and harassment in connection with debt collection. Prohibits the publication of any tax deficiency which has not been adjudged to be payable by a competent court. Permits individual taxpayers to bring a civil action in a U.S. district court for damages resulting from collection practices prohibited by this Act. Requires a Federal court order before property of a taxpayer may be levied upon for the collection of tax. Specifies that a showing of fraud or malfeasance or a misrepresentation, for purposes of modifying or reconsidering a closing agreement between an individual taxpayer and the Secretary of the Treasury, shall be taken into account only if such a showing or misrepresentation is determined by a competent court. Prohibits the Secretary from consenting to extend for more than one year the period for assessment of the income tax liability of any individual taxpayer. Requires the Secretary to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the IRS may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Makes binding on the Secretary : (1) a tax return prepared for the taxpayer by an officer or employee of the IRS acting in his official capacity to provide such assistance; and (2) written information or advice given to the taxpayer by such an officer or employee acting in his official capacity. Places the burden of proof, in administrative and judicial proceedings involving the IRS and a taxpayer, upon the IRS. Directs that all property of taxpayers, for purposes of the estate and gift tax, be valued at historical cost (original cost to the taxpayer or the basis of the property if it was not purchased). Prohibits the use in IRS personnel evaluations of amounts collected pursuant to audits or investigations. Precludes the Secretary from exercising any enforcement authority over churches or certain other organizations. Prohibits the audit of any group of taxpayers unless the Secretary has first met certain notice requirements or permitted members of the group to file an amended return. Sets forth conditions which must be met by the IRS before any action is taken to interfere with the property rights of a taxpayer. Requires the IRS, before securing the records of or personal data concerning any taxpayer, to: (1) notify the taxpayer in writing of the demand, the material sought, and the need for the material; (2) have commenced an action in a competent court against the taxpayer; and (3) have justified its need before the court consistent with the discovery rules of the Federal Rules of Civil Procedure. States that the IRS shall have no authority, in enforcing the tax obligations of any person, which conflicts with rights and privileges granted under the Constitution.
United States · United States Congress · 3 January 1983
Florida Wilderness Act of 1983 - Designates the following lands in Florida as components of the National Wilderness Preservation System: (1) the Bradwell Bay Wilderness Addition in the Apalachicola National Forest; (2) the Mud Swamp/New River Wilderness in the Apalachicola National Forest; (3) the Big Gum Swamp Wilderness in the Osceola National Forest; (4) the Alexander Springs Wilderness in the Ocala National Forest; (5) the Juniper Prairie Wilderness in the Ocala National Forest; (6) the Little Lake George Wilderness in the Ocala National Forest; and (7) the Billies Bay Wilderness in the Ocala National Forest. Prohibits the Department of the Interior from issuing phosphate leases in the Osceola National Forest until the President recommends to Congress that such leases be permitted in a specified area of the forest, based upon a national need for phosphate. Requires the President to submit the basis for such recommendation, a statement of conditions governing the activity, and the required environmental impact statements. Makes a Presidential recommendation effective within 90 days after its submission to Congress unless Congress passes a concurrent resolution disapproving it. Requires the Secretary of the Interior, within 60 days after enactment of this Act, to determine if specified phosphate preference right lease applicants have discovered valuable deposits of phosphate. Requires the Secretary, within one year of the enactment of this Act, to determine the fair market value of phosphate leases which would be issued to such lease applicants absent the leasing ban under this Act. Directs the Secretary to acquire by exchange, monetary credit, lease issuance suspension, or purchase any valuable phosphate lease rights from such lease applicants within three years after enactment of this Act. Provides that the designation of the Big Gum Swamp Wilderness will not alter phosphate lease rights applicable to lands within the wilderness. Allows waivers of the time deadlines under this Act. Authorizes appropriations.
United States · United States Congress · 3 January 1983
Grants a Federal charter to the Polish Legion of American Veterans, U.S.A.
United States · United States Congress · 3 January 1983
Amends the Foreign Assistance Act of 1961 to prohibit assistance to any country which is a known source of illicit drugs, unless the President has certified to Congress during the fiscal year that the governing authorities of that country are fully cooperating with the United States in its efforts to reduce the flow of illicit drugs from that country. Amends the Arms Export Control Act to prohibit issuing letters of offer and export licenses and to prohibit extending credits or guarantees to any country which is a known source of illicit drugs, unless the President has certified to Congress during the fiscal year that the governing authorities of that country are fully cooperating with the United States in its efforts to reduce the flow of illicit drugs from that country.
United States · United States Congress · 3 January 1983
Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to require a judicial officer, in setting conditions for pretrial release for any person charged with certain narcotics offenses, to consider which conditions will reasonably assure the safety of the community, the personal safety of persons in the community, and the prevention of similar offenses by such person. Requires a judicial officer to deny release to any person charged with a narcotics offense who: (1) has previously been convicted of a felony narcotics offense under Federal, State, or foreign law; (2) is on parole, probation, or other conditional release for a felony offense under Federal or State law; (3) is an illegal alien; (4) was arrested in possession of a false passport; or (5) has been convicted of being a fugitive from justice. Requires the Government to provide clear and convincing evidence that the person charged falls within any such category and to establish that there is substantial probability that the person committed the offense . Permits the judicial officer to grant release to a person who has not been previously convicted of a felony narcotics offense upon a finding of special mitigating factors. Requires that the case of a person who is denied release be placed on an expedited calendar.
United States · United States Congress · 3 January 1983
Requires written consent of the parties before Federal magistrates may conduct evidentiary hearings in habeas corpus proceedings attacking State custody of petitioners under State court judgments. Limits the circumstances under which Federal courts may consider petitions for habeas corpus in State court cases. Creates a three-year statute of limitations for filing habeas corpus petitions. Revises standards governing Federal court review of State court judgments.
United States · United States Congress · 3 January 1983
Eliminates the jurisdiction of Federal courts established under article III of the Constitution to modify any State court order which is subject to review by the highest court of the State.
United States · United States Congress · 3 January 1983
Amends the Federal census provisions to require Federal agencies to use the most recent population data (rather than the most recent decennial census data) in determining the amount of benefits due State and local governments under Federal programs.
United States · United States Congress · 3 January 1983
Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to: (1) temporarily suspend the airman certificate of anyone indicted for a violation of the Controlled Substances Import and Export Act if operation of an aircraft is an element of the offense charged; and (2) revoke the airman certificate of anyone convicted of a violation of such Act if operation of an aircraft is an element of the offense for which the holder was convicted. Sets forth criminal penalties for the use or sale of fraudulent certificates with the intent or knowledge that such certificates will be used in connection with a violation of the Controlled Substances Import and Export Act. Provides criminal penalties for any person who: (1) while navigating an aircraft, knowingly and willfully violates such Act; or (2) is the owner of an aircraft and knowingly allows any person to use such aircraft in violation of such Act. Requires that such penalties shall be in addition to, and not in lieu of, any other penalty imposed under such Act.
United States · United States Congress · 3 January 1983
Establishes in the House of Representatives the Select Committee on Hunger to conduct a continuing comprehensive study of the problems of hunger and malnutrition.
United States · United States Congress · 3 January 1983
Establishes in the House of Representatives the Select Committee on Children, Youth, and Families to conduct a comprehensive study and review of the problems of children, youth, and families.
United States · United States Congress · 9 December 1982
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 receipts do 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 · 16 September 1982
Designates December 12 through December 18, 1982, as National Drunk and Drugged Driving Awareness Week.
United States · United States Congress · 9 September 1982
Commends the supporters of the Florida Sheriffs Boys Ranch on the occasion of its 25th anniversary.
United States · United States Congress · 11 August 1982
Missing Children Act - Authorizes the Attorney General to collect and exchange information which would assist in the identification of unidentified deceased individuals and the location of missing persons, including missing children.