United States · United States Congress · 21 April 1983
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to extend medical benefits to a former spouse who was married at least 20 years to a member with at least 20 years of service when a minimum of ten years rather than 20 years of such marriage and service coincide. Repeals the requirements that the former spouse be unmarried and have no medical coverage under an employee-sponsored health plan. Grants medical benefits to a former spouse who has a disease or disability attributable to the nature or location of a member's or former member's military service. Limits the health care available to such former spouses to that necessary for the treatment of such a disease or disability. Applies this Act to all eligible former spouses, regardless of the date of divorce.
United States · United States Congress · 20 April 1983
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 19 April 1983
Dedicates the Golden Gate National Recreation Area in California to Phillip Burton. Directs the Secretary of the Interior to inform the public of the contributions of Phillip Burton through the use of signs, maps, and interpretive programs and to establish an appropriate memorial to him within the recreation area. Authorizes appropriations.
United States · United States Congress · 14 April 1983
Directs the Secretary of the Treasury to study and report to specified congressional committees on the advisability of replacing only the Federal individual income tax or replacing both the Federal individual income tax and the Federal corporate income tax with a simplified income tax on gross income.
United States · United States Congress · 13 April 1983
Increases from 26 to 27 the membership on the Advisory Commission on Intergovernmental Relations. Requires the presidential appointees to such Commission to include selectees from: (1) a panel of at least two elected Indian tribal government officials submitted jointly by the National Congress of American Indians and the National Tribal Chairmen's Association; or (2) other Indian tribal government officials who have been nominated by governing bodies of Indian tribes.
United States · United States Congress · 13 April 1983
Amends the Internal Revenue Code to allow a $10,000 exclusion from gross income for any amount received as an annuity, pension, or other retirement benefit.
United States · United States Congress · 11 April 1983
Declares that no person appointed from private life to a commission, board, or similar body of the executive branch of Government shall be entitled to compensation for service other than reimbursement for travel, subsistence, or other necessary expenses actually incurred.
United States · United States Congress · 11 April 1983
Amends the Railroad Retirement Act of 1974 to revise the computation of employee, spouse, and survivor annuities with respect to railroad employees who as of December 31, 1974, had at least ten years of service and were fully insured under the Social Security Act.
United States · United States Congress · 11 April 1983
Amends the Internal Revenue Code and the Social Security Act to allow Federal unemployment insurance tax funds to be used in State programs for payments to employers who hire the unemployed. Sets forth requirements for State-approved plans and the administration of such plans.
United States · United States Congress · 7 April 1983
Amends the Mineral Leasing Act of 1920 to limit ownership of leases by citizens of another country where ownership of minerals in that country by U.S. citizens is limited.
United States · United States Congress · 24 March 1983
National Park System Protection and Resources Management Act of 1983 - Requires the Secretary of the Interior to: (1) collect, analyze, and document data on the factors which degrade or threaten to degrade the natural and cultural resources of the national park system; and (2) transmit to Congress a biennial State of the Parks report. Provides that such report shall include: (1) a description of the condition of each national park unit's natural and cultural resources, of the factors which damage or threaten such resources, and of the ongoing and planned mitigation actions and their results; (2) a description of the systemwide efforts to address the resource protection requirements listed above; (3) a discussion of systemwide resource protection and management policies for natural and cultural park resources; (4) a discussion of the adequacy of congressional appropriations in addressing protection and resource management programs; and (5) a discussion of funding needs to implement such policies and measures. Requires the National Park Service to solicit public involvement in the preparation of such report. Requires the Secretary to submit to specified congressional committees an annual report on the 50 most critical natural and the 50 most critical cultural resource problems within the national park system. Directs the Secretary to contract with the National Academy of Sciences for development of a plan for the National Park Service to conduct natural and cultural resources inventories and research on the problems and solutions with respect to national parks. Requires the plan to be submitted to the Secretary and the appropriate congressional committees. Requires that resource management plans for each national park unit be prepared and updated continually. Provides that general management plans for each park unit shall be based upon the park's resource management plan. Directs the Secretary to review and revise the current land classification system for the preservation and use of national park system lands. Requires the development of a new classification for maximum resource protection for sensitive ecosystems and cultural resources of special research value. Requires that those park units designated as biosphere reserves or world heritage sites receive priority consideration for monitoring and resource protection efforts. Expresses the sense of Congress that park and legislative officials establish ways to ensure the protection of international parks designated as biosphere reserves. Permits the Secretary to exercise the authority to issue leases within a national park unit, permit the use or development of such an area, or dispose of lands and waters within such an area only if the exercise of such authority will not have a significant adverse effect on the park unit. Restricts the Secretary's authority to act in areas adjacent to national park units in the same way, unless any significant adverse effects on the national parks are less important than the public interest value of a proposed action. Requires Federal agencies conducting activities within, or adjacent to, any national park unit to insure, to the extent practicable, that such activities will not significantly degrade the natural or cultural resources of the park unit. Provides for notification of the Secretary by a Federal agency if a proposed agency action may degrade or threaten the natural or cultural resources of a national park unit. Requires the Secretary to respond in writing on the foreseeable impact on park resources of a proposed agency action and to recommend any changes in such action needed to avoid adverse effects on park resources. Authorizes the Secretary to request information regarding a proposed agency action where the agency fails to notify the Secretary and the Secretary determines that such action may threaten park resources. Requires the Secretary to consider any adopted city, county, State, or Federal development plan during the deliberations on a proposed agency action. Requires the Secretary to hold a public hearing: (1) if requested by the affected government unit; and (2) if the Secretary's response to the proposed action is to be negative. Requires the proposing Federal agency to comply fully with the Secretary's recommendations in all cases where the proposed agency action would occur upon Federal lands or waters within the boundaries of a national park unit. Permits the proposing Federal agency to proceed with its action after consideration of the Secretary's recommendations in cases where the proposed action would occur on non-Federal lands within the boundaries of a national park unit, if the public interest in the proposed action is greater than the public interest in avoiding the adverse effects on the park resources involved. Provides that when the proposed agency action would involve areas adjacent to a national park boundary, the Federal agency must consider the Secretary's recommendations and must notify the Secretary of its decision to proceed. Sets forth notification requirements when proposed agency action differs from the Secretary's recommendation. Requires proposing agencies to notify specified congressional committees. Requires the Secretary to publish notices of proposed Federal actions and responses in the Federal Register. Exempts emergency, disaster, and national security actions from this Act. Requires actions under this Act to be brought in the U.S. district court in the district in which the national park unit involved is located. Provides for the Secretary to cooperate with, and provide technical assistance to, governmental and other entities to protect national park system resources. Requires the superintendent of each park unit to work with governmental and other entities which influence or control lands, resources, and activities within or adjacent to the park unit to develop a mutually compatible land use plan for the general area. Authorizes the Secretary to make grants to local governments for park resource protection and for the development of such plan. Authorizes appropriations for FY 1984 through 1986 for such grant. Provides that such cooperative efforts shall be initiated in at least two park units for each administrative region, as well as in all biosphere reserves and world heritage sites, within one year after enactment of this Act. Requires that such efforts be initiated within two years after enactment of this Act in all national park units. Requires that each park unit or regional office have on its staff a person to coordinate the activities required by this Act. Directs the Secretary to initiate a training program for park personnel in the principles and techniques necessary to carry out the requirements of this Act. Requires the Secretary to establish a public information program to inform park visitors and the public of the need to protect park resources. Directs the Secretary to assure that the National Park Service includes adequate numbers and distribution of professional and scientific personnel to provide for park resource protection and management. Requires that general management plans for each national park unit be updated at least every ten years. Requires the Director of the National Park Service to assist potential donors of property located adjacent to or within national park units in satisfying the requirements under the Internal Revenue Code relating to charitable contributions. Provides that if provisions of this Act conflict with provisions of the Alaska National Interest Lands Conservation Act, the provisions of such Act shall prevail. Authorizes appropriations to the Department of the Interior to carry out this Act.
United States · United States Congress · 24 March 1983
Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from restricting the hours of operation or reducing the operating power of any AM broadcast station if: (1) such restriction or reduction would prevent the station from operating at full daytime power from two hours before sunrise until two hours after sunset; and (2) operation during such period would not interfere with the protected signal of an existing station. Prohibits the Commission from denying an application for a license to operate a new AM station or an application to expand the hours of operation of an existing station solely on the grounds that: (1) the area has adequate broadcasting service; or (2) an FM channel is available for the area. Prohibits the Commission from placing an applicant for a station license or construction permit at a disadvantage because that applicant is licensed to operate a station with restricted hours in the area if such applicant certifies that it will relinquish the restricted license if its application is approved. Exempts any application to alter the hours of operation of a standard broadcast station from public notice and comment requirements.
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
Civil Service Spouse Retirement Equity Act - Entitles a former spouse of a Federal employee or Member of Congress to: (1) a portion of the retirement annuity of such employee or Member; and (2) a survivor annuity upon the death of the employee or Member. Requires that the former spouse must have been married to the Member or employee for at least ten years during periods of creditable service. Provides for the calculation of the amount of either such annuity of a former spouse on the basis of the portion of the employee's or Member's creditable service during which the former spouse was married to the employee or Member. Disqualifies any former spouse who remarries before becoming 60 years of age from eligibility for either such an annuity calculated as a regular retirement annuity based on the employee's or Member's creditable service. Authorizes an employee or Member providing a survivor annuity benefit for a former spouse to elect, or to be ordered by a court, to provide for an additional survivor annuity for any other former or current spouse if the employee or Member passes a physical examination prescribed by the Office of Personnel Management (OPM). Limits the maximum survivor annuity or combination of survivor annuities to 55 percent of the employee's or Member's annuity. Authorizes the employee or Member to provide for survivor annuities either by a reduction in his or her retirement annuity or pay, or by a lump sum payment, or by a combination of both. Provides for the recomputation of an employee's or Member's retirement annuity and the refund of certain amounts deposited in the Civil Service Retirement and Disability Fund if a former spouse for which a survivor annuity benefit is provided dies or remarries before the age of 60. Declares that provisions regarding cost of living increases in civil service annuities shall not apply to such annuities for former spouses unless authorized by OPM. Entitles an eligible former spouse: (1) to an annuity under this Act only if such former spouse elects to receive it instead of any other annuity provided to a Federal employee's spouse; (2) to an annuity if the employee or Member died in service (in the same amount as if the employee or Member had died after becoming eligible for an annuity); and (3) to a portion of any lump sum credit payable to an employee or Member who transfers or is separated from service prior to the commencement of either such annuity. Authorizes a Member or employee, a spouse, or former spouse to jointly elect to waive or reduce a survivor annuity for that spouse. Eliminates the current authority of the employee or Member to elect not to provide for a survivor annuity without the spouse's agreement, except when the employee or Member satisfies OPM that the spouse cannot be located. Requires both the employee or Member and the spouse, rather than just the employee or Member, to elect not to increase a survivor annuity upon the employee's or Member's reemployment. Declares that, except when determined by OPM to be inconsistent with this Act, the right of a former spouse to an annuity, survivor annuity, or lump sum credit shall be determined in accordance with an applicable court order or spousal agreement covering such former spouse, with certain limitations. Sets forth provisions governing civil service survivor benefits in cases of divorces occurring prior to the effective date of this Act.
United States · United States Congress · 23 March 1983
Federal Land Survey Act of 1983 - Requires the Secretary of the Interior to provide at least 30 days notice to all affected parties and the local public of the intent to survey or resurvey public lands. Establishes procedural guidelines for the conduct of such surveys and negotiations with private contractors. Requires the Secretary of the Interior, the Secretary of Commerce and the Secretary of Agriculture to: (1) assess national cadastre information needs; (2) develop a feasibility study for establishing a multipurpose national cadastre system; and (3) submit such feasibility report with possible legislative recommendations to the Congress within three years after enactment.
United States · United States Congress · 23 March 1983
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage, when such beverage has substantial competition from other malt beverages in an area, from: (1) entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State; or (2) limiting such distributor to the sale of such beverage for ultimate resale to consumers in such area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 23 March 1983
Extends provisions of Federal law governing civil service retirement for Federal fire fighters and law enforcement officers to atomic energy security guards and Energy Research and Development Administration couriers.
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 · 22 March 1983
Declares that the House of Representatives deplores the denial of the rights of Hungarians and people of other nationalities in Transylvania by the Romanian Government. Requests the President and the Secretary of State to discuss the human rights of the Hungarians in Transylvania with the Government of Romania.
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 · 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 · 11 March 1983
National Aeronautics and Space Administration Authorization Act, 1984 - Title I - Authorizes appropriations to the National Aeronautics and Space Administration (NASA) for research and development, construction of facilities, and research and program management for FY 1984. Permits appropriations for research and development to be used for any items of a capital nature (other than acquisition of land) which may be required at locations other than NASA installations for the performance of research and development contracts, and for grants to nonprofit institutions of higher education or to nonprofit organizations whose primary purpose is the conduct of scientific research for purchase or construction of additional research facilities. Requires the Administrator to notify the appropriate committees of Congress whenever the cost of a facility exceeds a specified amount. Permits funds appropriated for research and development or for construction of facilities to remain available without fiscal year limitation. Permits the funds for construction of any of specified facilities: (1) in the discretion of the NASA Administrator, to be varied upward ten percent; or (2) following a report by the Administrator to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the circumstances of such action, to be varied upward 25 percent to meet unusual cost variations. Limits the total cost of all construction work to the total of the amounts specified. Permits one-half of one percent of the funds appropriated for research and development to be transferred to the "Construction of facilities" appropriations. Authorizes the expenditure of such funds, together with $10,000,000 of the funds appropriated for construction of facilities, to construct, expand, or modify laboratories and other installations. Requires the Administrator to notify the appropriate committees of Congress of the specific nature, cost, and reasons for such construction 30 days before expending funds. Permits each committee to provide the Administrator with a written waiver of such period. Prohibits the expenditure of appropriations for deleted programs, for programs in excess of the amount authorized, and for programs which have not been presented to the appropriate committee for a period of 30 days. Amends the National Aeronautics and Space Act of 1958 to prohibit the misuse of the agency's name and initials. Permits the Attorney General to initiate a civil proceeding to enjoin such misuse. Prohibits the Secretary of Commerce from transferring the ownership or management of any civil land remote sensing space satellite system until a comprehensive plan for such a transfer is submitted to and approved by Congress.
United States · United States Congress · 11 March 1983
Amends the Payments in Lieu of Taxes Act to repeal the provision which treats entitlement lands within two concurrent units of local government as being, for specified purposes, within the jurisdiction of the smaller of such units. Redefines the term "unit of local government" to mean a unit of that level of local government which, within a State, is the principal provider of governmental services affecting the use of public lands.
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 · 10 March 1983
Air Travelers Security Act of 1983 - Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 9 March 1983
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.
United States · United States Congress · 9 March 1983
Directs the Secretary of the Treasury to pay to the Administrator of Veterans Affairs the funds appropriated by this Act for the purchase of land adjacent to the Santa Fe, New Mexico, National Cemetery.
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
Vietnam Veterans Agent Orange Relief Act - Establishes a presumption of service-connected disability for veterans exposed to herbicides during service in Southeast Asia during the Vietnam era who suffer from specified diseases which may be caused by exposure to such herbicides, developed to a ten percent degree of disability. Permits the Administrator of Veterans Affairs to determine what other diseases may be due to exposure to herbicides, chemicals, or environmental hazards. Directs the Administrator to promulgate regulations within one year of enactment incorporating such determinations and setting forth the standards used to reach them.
United States · United States Congress · 8 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year over three years (one third of which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon the request of a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuing the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations remain in effect. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis, and expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 8 March 1983
Home and Community-Based Care Act of 1983 - Amends title XIX (Medicaid) of the Social Security Act to authorize a State to provide home care services to all individuals (currently, limited to individuals 18 years of age or younger) who are disabled, as defined in title XVI (Supplemental Security Income) of the Act, and with respect to whom it has been determined that: (1) they can receive appropriate care outside an institution; and (2) they would have to be institutionalized (but for such home care) at a cost that is equal to or greater than the cost of home care. Amends the Internal Revenue Code to provide a tax credit for a taxpayer who maintains a household for a disabled dependent as described in the above paragraph. Provides that the maximum allowable credit shall be $750.
United States · United States Congress · 8 March 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimant's right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of the claimant's procedural rights. Directs the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 8 March 1983
Individual Housing Act of 1982 - Amends the Internal Revenue Code to allow an income tax deduction for cash contributions to a savings account established for the benefit of the taxpayer (or the taxpayer and spouse if married) for the exclusive purpose of purchasing the taxpayer's first principal residence. Limits the maximum annual deduction to $3,000, with a maximum lifetime deduction of $15,000. Provides for an inflation adjustment for these limits to be calculated annually. 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 · 7 March 1983
National Aeronautics and Space Administration Authorization Act, 1984 - Authorizes appropriations to the National Aeronautics and Space Administration (NASA) for research and development, construction of facilities, and research and program management for FY 1984. Permits appropriations for research and development to be used for any items of a capital nature (other than acquisition of land) which may be required at locations other than NASA installations for the performance of research and development contracts, and for grants to nonprofit institutions of higher education or to nonprofit organizations whose primary purpose is the conduct of scientific research for purchase or construction of additional research facilities. Requires the Administrator to notify the appropriate committees of Congress whenever the cost of a facility exceeds a specified amount. Permits funds appropriated for research and development or for construction of facilities to remain available without fiscal year limitation. Permits the funds for construction of any of specified facilities: (1) in the discretion of the NASA Administrator, to be varied upward ten percent; or (2) following a report by the Administrator to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the circumstances of such action, to be varied upward 25 percent to meet unusual cost variations. Limits the total cost of all construction work to the total of the amounts specified. Permits one-half of one percent of the funds appropriated for research and development to be transferred to the "Construction of facilities" appropriations. Authorizes the expenditure of such funds, together with $10,000,000 of the funds appropriated for construction of facilities, to construct, expand, or modify laboratories and other installations. Requires the Administrator to notify the appropriate committees of Congress of the specific nature, cost, and reasons for such construction 30 days before expending funds. Permits each committee to provide the Administrator with a written waiver of such period. Prohibits the expenditure of appropriations for deleted programs, for programs in excess of the amount authorized, and for programs which have not been presented to the appropriate committee for a period of 30 days. Amends the National Aeronautics and Space Act of 1958 to prohibit the misuse of the agency's name and initials. Permits the Attorney General to initiate a civil proceeding to enjoin such misuse.
United States · United States Congress · 3 March 1983
Vietnam Veterans National Medal Act - Directs the Secretary of the Treasury to coin and sell a medal in honor of the members and former members of the Armed Forces who served in Vietnam. Declares that the Secretary shall offer such medals for sale to the public at a price sufficient to cover the cost of minting and distributing of such medals.
United States · United States Congress · 3 March 1983
Renewable Energy Tax Credit Act of 1983 - Amends the Internal Revenue Code to increase from 15 percent to 25 percent the investment tax credit for solar, wind, geothermal, and ocean thermal property. Extends such credits for five years from 1985 to 1990.
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
Renewable Energy Tax Credit Act of 1983 - Amends the Internal Revenue Code to increase from 15 percent to 25 percent the investment tax credit for solar, wind, geothermal, and ocean thermal property. Extends such credits for five years from 1985 to 1990.
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 · 24 February 1983
Declares all wild free-roaming horses and burros to be under the jurisdiction of the Secretary of the Interior. Directs the Secretary to protect and manage wild free-roaming horses and burros as components of the public lands. Authorizes the Secretary to designate and maintain specific ranges on public lands as sanctuaries. Directs the Secretary to remove excess animals from an area if the area is overpopulated by wild horses and burros. Authorizes private landowners to maintain wild horses and burros on private lands, provided it is done in a manner to protect the animals, and the animals were not enticed to their lands. Directs the Secretary and the Secretary of Agriculture to appoint a joint advisory board to advise them concerning wild free-roaming horses and burros. Sets forth penalties for: (1) abusing or killing wild horses and burros; and (2) violations of this Act.
United States · United States Congress · 23 February 1983
Firearms Ownership Rights Act of 1983 - Sets forth findings regarding the legislative history of the Gun Control Act of 1968 and Federal preemption of State and local firearms laws. Amends the Gun Control Act of 1968 to declare that no provision shall be construed to preempt a State law on the same subject matter, unless there is a direct and positive conflict between the laws which cannot be reconciled. Declares that Congress does intend to preempt any local government law which prohibits or regulates the ownership or possession of firearms or ammunition, unless the local law is created by Federal or State law. Makes any local government which enacts a law conflicting with this Act ineligible to receive Federal funds for law enforcement.
![Official portrait of Rep. Lujan, Manuel, Jr. [R-NM-1]](https://www.congress.gov/img/member/l000506_200.jpg)