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
Condemns the trial and conviction of Dr. Viktor Brailovsky by the Soviet Union. Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. concern and opposition to the internal exile of Dr. Brailovsky and to the Soviet Union's refusal to permit Dr. Brailovsky and his family to emigrate; (2) the Soviet Union should comply with various international agreements by reversing Dr. Brailovsky's conviction and by permitting him and his family to emigrate; and (3) the Soviet Union should cease persecuting individuals seeking to emigrate and should cease denying basic rights to Soviet Jews.
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 · 1 March 1983
Educational Opportunity and Equity Act of 1983 - Amends the Internal Revenue Code to allow an income tax credit for 50 percent of the tuition paid to an elementary or secondary educational institution for any dependents who have not attained the age of 20. Limits such credit to: (1) $100 in 1983; (2) $200 in 1984; and (3) $300 in 1985 and thereafter. Phases out such credit for families with adjusted gross incomes between $40,000 and $60,000 per year. Makes ineligible for such credit families with an adjusted gross income in excess of $60,000 per year. Disallows such credit for tuition paid to schools found to maintain racially discriminatory policies. Requires all educational institutions which receive tuition payments for which such credit is taken to file with the Secretary of the Treasury a statement, subject to the penalties for perjury, declaring that the institution does not follow a racially discriminatory policy. Requires a taxpayer claiming such credit to attach a copy of such statement to the income tax return. Authorizes the Attorney General, upon the filing a petition alleging racial discrimination, to bring an action for declaratory judgment against an educational institution to determine whether the institution has followed a racially discriminatory policy.
United States · United States Congress · 24 February 1983
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan to identify the research needed to develop an effective treatment and a cure for neurofibromatosis. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires the Commission to make a final report to the President and to each House of Congress within two years. Terminates the Commission three months after submission of the final report.
United States · United States Congress · 23 February 1983
Amends the Internal Revenue Code to provide that the fact that a motor vehicle operating agreement contains a terminal rental adjustment clause shall not be taken into account in determining whether such agreement is a lease. Defines "motor vehicle operating agreement" to mean any agreement with respect to a motor vehicle under which the lessor (1) is personally liable for the repayment of, or (2) has pledged property, other than property subject to the agreement or property directly or indirectly financed by indebtedness secured by property subject to the agreement, as security for, all amounts borrowed to finance the acquisition of property subject to the agreement. Defines "terminal rental adjustment clause" to mean a provision of an agreement which permits or requires the rental price to be adjusted upward or downward by reference to the amount realized by the lessor under the agreement upon sale or other disposition of such property.
United States · United States Congress · 23 February 1983
Amends the Federal criminal code to authorize a verdict of "guilty but insane" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides that a defendant is "guilty but insane" if his actions constitute all necessary elements of the offense charged other than the requisite state of mind. Provides that if the defendant is found "guilty but insane" the court may commit the defendant to serve all or a portion of a sentence in a suitable facility for treatment of his mental condition. Requires the defendant to serve the remaining portion of his sentence upon release from the mental facility.
United States · United States Congress · 22 February 1983
Expresses the sense of the Congress that: (1) the Soviet Union should comply with certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet compliance with internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 17 February 1983
Amends the Internal Revenue Code to provide that for taxpayers who receive agricultural commodities under a Federal payment-in-kind program: (1) no income shall be treated as realized by receipt of such commodities; but (2) any gain realized from the sale or exchange of such commodities shall be included in gross income and shall be treated as ordinary income. Treats such commodities as commodities produced on acreage diverted from agricultural use for purposes of the estate tax valuation of farm property.
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 · 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
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
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 · 3 February 1983
Amends the Federal criminal code to establish penalties for taking or attempting to take property by force, violence, or intimidation from either a pharmacy or a person registered with the Drug Enforcement Administration. Increases the penalties if any person's life is endangered by use of a dangerous weapon or if any person is assaulted or killed during the commission of such offense. Directs the Attorney General to report to Congress on the enforcement of this Act.
United States · United States Congress · 3 February 1983
Social Security Alien and Foreign Resident Benefits Limitation Act of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that an individual who is not a U.S. citizen or national and whose entitlement to title II benefits is based upon the wages and self-employment income of another individual residing in a foreign country shall not be entitled to such benefits until such other individual becomes a resident of the United States. Prohibits entitlement to title II benefits in the case of an individual who is not a U.S. citizen or national and whose entitlement is based on the wages and self-employment income of another individual unless: (1) such other individual is a U.S. citizen or national or is lawfully admitted to the United States for permanent residence or employment; or (2) such individual is a surviving spouse whose relationship existed at least one year before the wage earner's retirement. Makes the prohibitions under this Act inapplicable in any case where they would contravene a treaty obligation of the United States or an international social security agreement between the United States and another country.
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 · 2 February 1983
Amends the Export Administration Act of 1979 to exempt from the termination provisions of such Act provisions relating to the export of domestically produced crude oil.
United States · United States Congress · 2 February 1983
Amends rule XLIX of the Rules of the House of Representatives to require a two-thirds vote on legislation that increases the statutory limit on the public debt.
United States · United States Congress · 1 February 1983
Directs the Administrator of Veterans Affairs to establish an Advisory Committee on Women Veterans to advise the Administrator or on the administration of benefits for and needs of women veterans. Directs Committee to report annually to the Administrator on the activities of the Veterans Administration pertaining to women, together with assessments of needs and recommendations for future action. Directs the Administrator to submit such report to Congress.
United States · United States Congress · 31 January 1983
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
Urges the United States Postal Service to issue a postage stamp commemorating members of the uniformed services who have been prisoners of war or missing in action especially those missing as a result of the conflict in Southeast Asia.
United States · United States Congress · 26 January 1983
Amends the Trade Act of 1974 to authorize Congress to initiate Presidential actions against unfair foreign trade practices by adopting a concurrent resolution that: (1) states that Congress considers such a country's or an instrumentality's act, policy, or practice to be a denial of benefits to the United States under trade agreements or to be unjustifiable and a burden on U.S. commerce; and (2) requests the President to take action. Requires the President to notify Congress within 21 days of what action, if any, the President will take against such foreign trade practices. Requires the President to submit an annual report to Congress specifying with respect to foreign countries or instrumentalities with which the United States had a negative trade balance: (1) the extent to which such negative trade balance was attributable to unfair foreign trade practices; and (2) what actions were taken to eliminate such practices.
United States · United States Congress · 26 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U. S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U. S. citizen or national; (2) a permanent resident of the United States; or (3) a U. S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit prayer in public schools or institutions. States that no person shall be required by the United States or any State to participate in prayer.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Declares that nothing in the Constitution shall abridge the right of persons to participate in voluntary prayer in public buildings.
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
Amends the Internal Revenue Code to increase to $2,500 the maximum deduction for contributions to retirement savings plans. Allows certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses, without regard to any community property laws.
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 · 25 January 1983
Constitutional Amendment - Limits all Federal judicial tenure to an eight-year maximum. Applies such limit to judicial appointments made after the Amendment has been ratified.
United States · United States Congress · 6 January 1983
Prohibits Federal involvement in the performance of abortions, except when the life of the mother would be endangered if the child were carried to term. Includes the following activities within the scope of this prohibition: (1) performance of an abortion by a Federal agency; (2) use of appropriated funds to perform or reimburse or refer for abortions; (3) promotion or assistance in the performance of abortions abroad; (4) contracting for insurance which pays or reimburses for abortions; (5) discrimination against an individual on the basis of that person's opposition to abortions; and (6) the withholding from a handicapped infant of nutritional sustenance, medical or surgical treatment by an institution receiving Federal assistance. Provides for expedited Supreme Court review of State laws restricting abortions or infanticide whenever such laws have been invalidated by a lower court.
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