United States · United States Congress · 22 March 1983
Motor Vehicle Theft Law Enforcement Act of 1983 - Title I: Improved Identification for Motor Vehicle Parts and Components - Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct the Secretary of Transportation to promulgate a Federal motor vehicle security standard applicable to parts used in the manufacture of motor vehicles, other than motorcycles, after the effective date of such standard, or manufactured as new replacement parts after such date. Directs the Secretary to conduct a cost-benefit analysis before promulgating such standard, which includes the effect on domestic motor vehicle production and sales. Stipulates that the standard shall not: (1) impose additional costs upon manufacturers in excess of $10 per motor vehicle; or (2) require the identification of more than 14 parts for any motor vehicle, nine parts for any truck, or four parts for any trailer. Declares that a Federal motor vehicle standard supercedes any State or local standard. Authorizes the Secretary to conduct studies on the development of security devices and systems. Directs the Secretary to report to Congress on such devices and systems within one year of enactment. Provides for repeal of this title on a specified date. Title II: Antifencing Measures - Amends the Federal criminal code to establish penalties for removing or altering any identification number of any motor vehicle or motor vehicle part required by regulation. Requires the forfeiture of any vehicle or part which has had such number removed, with specified exceptions. Applies to the seizure and forfeiture of motor vehicles and parts those provisions of law relating to the seizure and forfeiture of vessels and merchandise under the customs laws. Establishes penalties for anyone who buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, any motor vehicle or motor vehicle part knowing that such identification number has been removed or altered. Designates as nonmailable matter any manipulative type device which is designed or adapted to operate, circumvent, remove, or render inoperative the ignition switch or lock, or door or trunk lock of two or more motor vehicles, or any advertisement for the sale of such device. Title III: Importation and Exportation Measures - Establishes criminal and civil penalties for anyone who imports, exports, or attempts to import or export any motor vehicle, off-highway vehicle or vehicle part knowing that it has been stolen or that its identification number has been altered. Amends the Tariff Act of 1930 to require persons who export or attempt to export a used motor vehicle or off-highway mobile equipment to present to the appropriate customs officers the vehicle and a document describing that vehicle. Title IV: Reporting Requirements - Directs the Secretary of Transportation to establish a task force to study problems relating to motor vehicle titling and controls over motor vehicle salvage which may affect the motor vehicle theft problem. Directs the Attorney General, in consultation with the Secretaries of the Treasury and Transportation and the Postmaster General, to report to Congress on the implementation of this Act.
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 · 18 March 1983
Authorizes the Secretary of Health and Human Services to provide, through demonstration projects, to eligible individuals who do not require 24-hour nursing care and who desire to establish a medical, noninstitutional living arrangement, payment for: (1) post-hospital extended care services under title XVIII (Medicare) of the Social Security Act; or (2) intermediate care facility services or skilled nursing facility services under title XIX (Medicaid) of such Act. Requires payments received to be used to finance appropriate medical, noninstitutional living arrangements. Provides that such payments shall not be includable in gross income under the Internal Revenue Code. Requires the Secretary to design the demonstration projects to determine: (1) the feasibility of transferring inpatients of skilled nursing and intermediate care facilities to noninstitutional living arrangements; (2) the types and percentage of such inpatients who could live effectively in a noninstitutional living arrangement; and (3) the types and percentages of such inpatients who would benefit economically and qualitatively from a noninstitutional living arrangement. Directs that funds for such payments be made from the Federal Hospital Insurance Fund established under the Social Security Act and from funds appropriated for Medicaid.
United States · United States Congress · 17 March 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to knowingly cause or attempt to cause injury or death to any person by tampering with any article, product, or commodity which is produced or distributed for human use or consumption. Provides for a prison term of up to ten years and a fine of up to $25,000 for an attempt, or if serious bodily injury or death results, a prison term of up to 20 years or life, respectively; and a fine of up to $100,000. Establishes separate penalties for any person who either knowingly, or willfully and maliciously conveys false information concerning an attempt at such adulteration. Grants the Food and Drug Administration and the Department of Agriculture authority to investigate violations of this Act.
United States · United States Congress · 17 March 1983
Amends the Immigration and Nationality Act to exempt persons over 50 years old who have been U.S. permanent residents for at least 20 years from the "Government knowledge" naturalization requirement.
United States · United States Congress · 17 March 1983
Amends the Internal Revenue Code to provide that certain museums and organizations which operate a library shall be treated as public charities for income tax purposes (taxpayers may deduct contributions to public charities up to 50 percent of their adjusted gross income).
United States · United States Congress · 16 March 1983
Amends the Internal Revenue Code to provide that the zero bracket amount for heads of households shall be the same as the zero bracket amount for joint returns and surviving spouses.
United States · United States Congress · 16 March 1983
Scientific Research Act of 1983 - Amends the Internal Revenue Code to permit certain scientific and educational organizations to issue tax-exempt (interest excluded from gross income) bonds to finance scientific facilities and equipment for the benefit of an institution of higher education.
United States · United States Congress · 16 March 1983
Urges the President and the Secretary of Defense to act expeditiously to carry out the National Cemeteries Act of 1973 by arranging for the burial of the remains of an unknown soldier of the Vietnam era in the Memorial Amphitheater at Arlington National Cemetery.
United States · United States Congress · 15 March 1983
Child Protection Act of 1983 - Amends the Federal criminal code to prohibit the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene."
United States · United States Congress · 15 March 1983
Amends the Internal Revenue Code to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings accounts on the basis of the earned income of their spouses. Treats alimony payments as compensation for purposes of this deduction.
United States · United States Congress · 15 March 1983
Expresses the sense of the Congress that no changes will be enacted in the guaranteed student loan program which would be effective for the academic year 1983-1984.
United States · United States Congress · 15 March 1983
Expresses the sense of the Congress that provisions of the Internal Revenue Code requiring cost-of-living adjustments for income tax rates should not be repealed and that the effective date of such provisions should not be postponed.
United States · United States Congress · 14 March 1983
Little Hoover Commission - Establishes the Commission on the Centennial Review of the Civil Service. Directs the Commission to study the history and development of the civil service system over the last 100 years and to recommend methods for continuing or improving its performance. Requires the Commission to consider the retirement and disability system, employee pay and benefits, personnel practices, and labor-management relations under the civil service system. Requires the Commission to submit a final report containing its findings, conclusions, and recommendations for legislation or administrative action to the President and Congress within the first ten days of the Ninety-nineth Congress. Directs the President, within 90 days after receiving the report, to transmit to Congress an evaluation of the report's findings and conclusions together with any recommendations for modifying the proposed legislation. Terminates the Commission 90 days after it submits such report. Authorizes appropriations.
United States · United States Congress · 14 March 1983
Amends the Internal Revenue Code to allow a refundable income tax credit for expenses incurred in the care of elderly family members. Sets such credit at 30 percent of the expenses incurred for taxpayers with incomes of $10,000 or less. Reduces the rate of such credit, but not below 20 percent, by one percent for each $2,000 of taxpayer income in excess of $10,000. Limits such credit to taxpayers with an adjusted gross income of less than $50,000. Imposes a maximum $7,000 limit on the amount of elderly care expenses that can be taken into account. Defines "qualified family member" as any individual who: (1) is related to the taxpayer by blood or marriage; (2) is at least 75 years of age (or diagnosed with senile dementia); and (3) has a family income of $15,000 or less. Defines "qualified elderly care expenses" as payments for: (1) home health agency services; (2) homemaker services; (3) adult day care; (4) respite care; or (5) certain health care equipment and supplies.
United States · United States Congress · 14 March 1983
In-Flight Medical Emergencies Act - Directs the Administrator of the Federal Aviation Administration to issue final rules requiring passenger-carrying aircraft of 30 seats or more to carry medical supplies, drugs, and equipment for the temporary treatment of in-flight emergencies. Provides relief from State or Federal civil liability for any licensed medical personnel or air carrier employee who renders emergency medical aid on an airplane or who continues such aid until arrival at a medical facility. Extends such relief to an airplane's crew and owner or operator for providing on-board emergency medical supplies.
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
Amends the Internal Revenue Code to increase the income tax credit for child care expenses from a maximum of 30 percent to a maximum of 50 percent of such expenses. Reduces such percentage by one percent for each full $1,000 by which the taxpayer's adjusted gross income exceeds $10,000. Grants tax-exempt status to organizations which provide nonresidential dependent care services to the general public for purposes of enabling individuals to maintain employment.
United States · United States Congress · 9 March 1983
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 8 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year over three years (one third of which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon the request of a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuing the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations remain in effect. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis, and expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 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
Child Abuse Prevention and Treatment and Adoption Reform Act Amendments of 1983 - Title I: Amendments to the Child Abuse Prevention and Treatment Act - Amends the Child Abuse Prevention and Treatment Act to direct the Secretary of Health and Human Services, through the National Center on Child Abuse and Neglect, to include, in a study and investigation of the national incidence of child abuse and neglect, a determination of those incidents of child abuse and neglect which involve the denial of nutrition, medically indicated treatment, general care, or appropriate social services to infants at risk with life- threatening congential impairments. Requires that the study's findings be submitted, with recommendations for administrative and legislative changes, to the Congress within two years after the effective date of this Act. Directs the Secretary, in consultation with the Advisory Board on Child Abuse and Neglect, to provide technical assistance and training to States for development and implementation of procedures to be followed by appropriate agencies or individuals to insure that nutrition, medically indicated agencies or individuals to insure that nutrition, medically indicated treatment, general care, and appropriate social services are provided to infants at risk with life-threatening congenital impairments. Requires that such procedures be in place throughout the State within one year after enactment of this Act, in order for a State to qualify for grants for child abuse and neglect prevention and treatment programs. Requires the establishment of procedures for any interested person to report to the appropriate authorities denial of such care or services to such an infant. Requires that such requirements also apply to child abuse and neglect programs and projects assisted under specified provisions of the Social Security Act. Extends through FY 1987 the authorization of appropriations for child abuse and neglect and sexual abuse of children prevention and treatment programs or projects. Revises the definition of "sexual abuse of children," for purposes of such prevention and treatment program provisions. Makes technical and conforming amendments. Title II: Amendments to the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 - Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to direct the Secretary of Health and Human Services to review all model adoption legislation and procedures developed or promulgated under such Act for the purpose of making appropriate changes to facilitate adoption opportunities for infants at risk with life-threatening congenital impairments. Extends through FY 1987 the authorization of appropriations to carry out such Act.
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
Amends the Internal Revenue Code to allow married individuals filing separate income tax returns to elect to be taxed at rates applicable to unmarried individuals.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Sakharov Day.
United States · United States Congress · 2 March 1983
Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and articles of fur from animals that were caught in such traps. Sets forth penalties for violations of this Act.
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
Helen Keller National Center Act - Repeals provisions of the Rehabilitation Act of 1973 relating to the Helen Keller National Center. Directs the Secretary of Education to continue to administer and support the Center. Sets forth the purposes of the Center as follows: (1) to provide specialized intensive services for deaf-blind persons; (2) to train personnel to provide such services; and (3) to conduct applied research, development, and demonstrations relating to communication techniques, teaching methods, aids, and devices, and delivery of services. Requires an annual independent audit of the Center. Directs the Secretary of Education to ensure that: (1) Center service and training programs are monitored regularly; and (2) Center operation is evaluated annually, with written reports to the President and the Congress submitted by specified deadlines. Authorizes appropriations for FY 1984 through 1988 for Center operation and maintenance for use in accordance with guidelines or regulations prescribed by the Secretary. Defines "Helen Keller National Center for Deaf-Blind Youths and Adults" to mean that facility and its affiliated network. Provides that nothing in this Act shall in any way cause to affect or modify any existing or future agreement between any Federal department, agency, or instrumentality and the Industrial Home for the Blind, Inc., or its successors or assignees, with respect to the Helen Keller National Center for Deaf-Blind Youths and Adults. Makes technical and conforming amendments.
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
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 Congress that: (1) the fill rate proposed by the administration for the Strategic Petroleum Reserve is insufficient and inconsistent with existing law; and (2) the reserve should be filled at least at the minimum rate prescribed by law.
United States · United States Congress · 28 February 1983
Amends the Energy Security Act to repeal the requirement that Congress approve the comprehensive strategy established by the U.S. Synthetic Fuels Corporation to achieve the national synthetic fuel production goal established by such Act. Requires that preference in selecting proposals for synthetic fuels projects for financial assistance be given to proposals which are for research and development of synthetic fuel production and use. Eliminates the authority of the Corporation with respect to joint ventures by the Corporation for synthetic fuel project modules and Corporation synthetic fuel construction projects. Establishes a national goal of facilitating research and development in order to achieve domestic synthetic fuel production capability when the synthetic fuel industry matures and synthetic fuels become price competitive. (Under current law, there is a national goal of achieving a synthetic fuel production capability of at least 500,000 barrels per day of crude oil by 1987 and of at least 2,000,000 barrels per day of crude oil by 1992 from domestic resources.) Repeals the limitation on the authorization of financial assistance under such Act to any one synthetic fuel project or to any one person. Limits the funds available to the Corporation for obligation under the Energy Security Act.
United States · United States Congress · 24 February 1983
Amends the Internal Revenue Code to permit an income tax deduction from gross income for adoption fees, court costs, attorney's fees, and other expenses incurred in the adoption of a child.
![Official portrait of Rep. McGrath, Raymond J. [R-NY-5]](https://www.congress.gov/img/member/m000458_200.jpg)