United States · United States Congress · 10 May 1983
Emergency School Aid Extension Act of 1983 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to reestablish the Emergency School Aid Act as title VI of ESEA. Makes the emergency school aid program a categorical grant program to assist public school desegregation. Authorizes appropriations for the emergency school aid program for FY 1984 through 1987. Amends the Education Consolidation and Improvement Act of 1981 to delete references to the emergency school aid program under the block grant provisions of such Act.
United States · United States Congress · 6 May 1983
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial. Authorizes appropriations for site acquisition and preparation in the event nonpublic land is selected for the memorial.
United States · United States Congress · 6 May 1983
Expresses the sense of the House of Representatives that the President should seek a consensus at the Williamsburg Summit, aimed at: (1) reducing disparities in certain financial rates and economic policies among summit countries; and (2) arranging a meeting of summit country finance ministers with the Secretary of the Treasury, to achieve an alignment between the interest rates and major currencies. Urges the President to arrange, in conjunction with the Williamsburg Summit, bilateral discussions with the Prime Minister of Japan to bring about further realignment of the yen and dollar exchange rates.
United States · United States Congress · 5 May 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act". Amends the Fair Housing Act to expand the definition of "discriminatory housing practice" to include any violation under such Act (thus codifying case law which holds that the obligation of Federal agencies to administer programs affirmatively to further the purposes of fair housing and the prohibition against interference with rights under the Act are separately actionable). Adds new definitions of "handicap", "aggrieved person" and "familial status." Excludes from the meaning of "handicap" any impairment consisting of alcohol or drug abuse or which would be a direct threat to the property or safety of others. Defines "familial status" as one or more minors being domiciled with their parent or guardian. Retains the two current exemptions from the prohibition against the discriminatory sale or rental of housing which are given to: (1) an owner of three or less single-family houses; and (2) the owner of a dwelling consisting of four or fewer family units who also resides in such dwelling (the "Mrs. Murphy" exemption). Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; and (2) discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. States that such discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) make modifications which would unreasonably inconvenience others; and (3) allow architectural modifications which materially decrease the value of a building or alter its intended use. Prohibits discrimination against families with children. Makes it unlawful for an insurer to discriminate in the provision or terms of insurance against hazards to a dwelling because of the race, color, religion, sex, handicap, national origin or familial status of persons owning or residing in or near the dwelling. Adds handicapped persons as a protected class under other existing prohibitions on discriminatory activities. Modifies the housing financing discrimination provision to prescribe all conduct which denies or "otherwise makes unavailable" financial assistance because of race, color, religion, handicap, national origin, or familial status. Includes with such prohibition persons in the business of selling, brokering, or appraising real property. States that nothing in this Act is to be construed to defeat any reasonable local, State or Federal restrictions on the maximum number of persons permitted to occupy a dwelling unit. Provides that familial status does not apply to any State or Federal programs aimed at assisting elderly persons. Establishes the Fair Housing Review Commission, composed of three members appointed by the President for staggered six-year terms. Stipulates that no more than two members may be of the same political party. Directs the Commission to: (1) appoint administrative law judges and other employees as necessary to carry out its functions; (2) promulgate a code of ethics to assure the independence of such judges; (3) promulgate rules of discovery for its proceedings consistent insofar as practicable with the Federal Rules of Civil Procedure; and (4) consider appeals from the proposed orders of the administrative law judges upon application of a party. Includes Federal agencies having regulatory authority over financial institutions within the executive departments and agencies which are currently required to administer their housing programs in an affirmative manner. Authorizes the Department of Housing and Urban Development to provide financial as well as technical assistance to public and private organizations seeking to remedy housing discrimination. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development in addition to the current enforcement provisions of title VIII (allowing civil actions by private parties and the Attorney General). Directs the Secretary to make an investigation of all alleged discriminatory housing practice on his or her own initiative or upon the filing of a charge by an aggrieved person within one year of the alleged discrimination. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary, if the aggrieved person and respondent consent to binding arbitration, to refer the charge to an arbitrator made available by the Community Relations Service of the Department of Justice. Continues the current authority of the Secretary to utilize discovery measures. Retains the current penalty for failing to produce information (up to a $1,000 fine and/or one year's imprisonment). Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies, with respect to the rights and remedies provided by such agencies, the elements of "substantial equivalency which permit certification and referrals of discrimination charges. Eliminates the Secretary's authority to recall referrals in the interest of justice or to protect the rights of the parties. Prohibits further action by the Secretary unless the agency fails to act in a timely fashion (current law gives the agency 30 days to commence proceedings). Requires the Secretary and other Federal agencies to cooperate to avoid duplication of their housing discrimination authority. Authorizes the Secretary to enter into agreements to permit other agencies to carry out such responsibilities within their jurisdictions. Directs the Secretary to enter into agreements with specified Federal agencies for such purpose with respect to depository institutions. Permits an action for temporary or preliminary relief to be brought on behalf of the Secretary in accordance with rule 65 of the Federal Rules of Civil Procedure when the Secretary establishes that voluntary compliance is unobtainable and prompt judicial action is necessary. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use controls, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits the administrative law judge to award appropriate relief and a civil penalty of up to $10,000. Permits the filing of a position for judicial review of a final order in an appropriate court of appeals within 60 days after entry of such order. Provides that the findings of fact shall be conclusive if supported by substantial evidence in the record considered as a whole. Authorizes the administrative law judge to assess civil penalties for noncompliance with a final administrative order. Makes certain revisions in the private right of action for aggrieved persons under the Fair Housing Act. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Permits the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the current provision permitting the appointment of counsel. Removes the existing $1,000 limit on punitive damages for willful violations. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to title VIII rights has occurred. Permits the intervention of aggrieved persons in such actions. Permits the award of costs, including reasonable attorney's fees, to prevailing parties in court and administrative proceedings (current law permits an award of attorney's fees only to prevailing parties who are financially unable to assume them). Authorizes appropriations for this Act, effective October 1, 1983.
United States · United States Congress · 28 April 1983
Construction Contract Payment Procedures Act of 1983 - Amends the Federal Property and Administrative Services Act of 1949 to require any executive agency that elects to make progress payments under a construction contract to: (1) make such payments monthly or more frequently as stipulated in the contract; (2) not retain any portion of a payment unless the contractor is not making satisfactory progress, in which case the contracting officer may retain up to ten percent of each payment to protect the Government's interest; (3) release amounts retained upon finding that the contractor is making satisfactory progress; and (4) promptly pay the contractor any amounts still retained upon final acceptance of the work. Urges all contractors and subcontractors to make full, prompt progress payments to their subcontractors and material suppliers without retaining any portion of such payments except for unsatisfactory progress.
United States · United States Congress · 28 April 1983
Amends the Internal Revenue Code to provide that indebtedness incurred by certain educational organizations or deferred compensation plans in acquiring or improving real property shall not be treated as acquisition indebtedness for purposes of the tax on unrelated business income.
United States · United States Congress · 28 April 1983
Operational Testing and Evaluation Act of 1983 - Establishes in the Department of Defense a Civilian Director of Operational Testing and Evaluation appointed by the President with the advice and consent of the Senate. Requires such Director to perform all duties relating to operational testing and evaluation in the Department. Requires such Director to advise and report directly to the Secretary of Defense. Grants such Director access to all necessary Department records. Permits the Director to require observers to be present during testing. Directs the Secretaries of the military departments to report all testing results to the Director. Requires the Director to respond to congressional requests for information. Prohibits the obligation of funds for operational testing without the advance approval of the Secretary. Directs the President to request separate budget authority for the Director's activities. Grants the Comptroller General access to all records of the Department of Defense.
United States · United States Congress · 28 April 1983
Expresses the sense of the Senate that the changes in the Federal estate tax laws which were made by the Economic Recovery Tax Act of 1981 are vital to the continuation of the family farm and small business, and that such changes should not be repealed or amended and should be allowed to run their course.
United States · United States Congress · 27 April 1983
Amends the Internal Revenue Code to provide that the amount of the charitable deduction allowable for motor vehicle expenses will be determined in the same manner Federal employees determine reimbursement for business use of their vehicles.
United States · United States Congress · 27 April 1983
Amends the Internal Revenue Code to provide that the fact that a motor vehicle operating agreement contains a terminal rental adjustment clause shall not be taken into account in determining whether such agreement is a lease. Defines "motor vehicle operating agreement" to mean any agreement with respect to a motor vehicle under which the lessor (1) is personally liable for the repayment of, or (2) has pledged property, other than property subject to the agreement or property directly or indirectly financed by indebtedness secured by property subject to the agreement, as security for all amounts borrowed to finance the acquisition of property subject to the agreement. Defines "terminal rental adjustment clause" to mean a provision of an agreement which permits or requires the rental price to be adjusted upward or downward by reference to the amount realized by the lessor under the agreement upon sale or other disposition of such property.
United States · United States Congress · 27 April 1983
Amends the Internal Revenue Code to provide that the amount of the medical expense deduction allowable for motor vehicle expenses will be determined in the same manner Government employees determine reimbursement for business use of their vehicles.
United States · United States Congress · 26 April 1983
Requires the Secretary of Health and Human Services to revise: (1) the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under part 404 of title 20 of the Code of Federal Regulations which are used to make individualized determinations of disability for purposes of determining eligibility for disability benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act; and (2) the methods and procedures for assessing the residual functional capacity of individuals having mental impairments. Requires the Secretary to appoint a panel of outside experts to make recommendations with respect to such revisions. Prohibits the Social Security Administration from carrying out continuing eligibility reviews with respect to individuals previously determined to be under a disability due to mental impairment until such revisions have been established by final regulation. Makes such prohibition inapplicable in any case involving fraud or where an individual is engaged in substantial gainful activity. Sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the Secretary's revisions are established by final regulation. Amends titles II and XVI (Supplemental Security Income) of the Social Security Act to require that a qualified psychiatrist or psychologist complete the medical portion of the sequential evaluation and residual functional capacity assessment in cases where an individual alleges to be under a disability due to a severe mental impairment.
United States · United States Congress · 21 April 1983
Legal Services Corporation Act Amendments of 1983 - Requires appointees to the Legal Services Corporation's Board of Directors (the Board) to: (1) support the principle of providing low-income individuals equal access under the law to comprehensive legal services; (2) have participated in organizations concerned with providing legal services to the poor; or (3) have directly provided such services themselves. States that eligible client nominees to the Board must have been eligible to receive legal assistance under this Act before such nomination. Sets quorum requirements for Board meetings. States that six Board members, including at least one eligible client member, shall constitute a quorum at Board meetings. Delineates conditions under which action suits may be brought against government entities. Directs the Corporation to: (1) provide funds each fiscal year to compensate private attorneys who render legal services to eligible clients; and (2) allow recipients to use Corporation funds to pay for communications intended to influence decisions by government entities or elected officials when such communications are made in response to requests by such entities or officials. Repeals authority for a comprehensive, independent study to determine: (1) alternative methods of delivering legal services; and (2) if specified groups have difficulty gaining access to legal services. Authorizes appropriations for FY 1984 through FY 1986. Sets forth formulae to insure that funding for current grantees and contractors is maintained at previous fiscal year levels whenever the Board contains fewer than six members qualified as required by this Act.
United States · United States Congress · 21 April 1983
Agricultural Productivity Act of 1983 - Directs the Secretary of Agriculture to: (1) make an inventory of existing research and extension materials and recommend further areas of research regarding crop rotation, intercropping, biological pest control, and other related farming and soil conservation systems; and (2) make such information available to the public. Directs the Secretary to conduct research on 12 pilot farms (having specified mixes of livestock and crops) to examine the effects of the transition from practices relying on chemical fertilizers and pesticides and traditional soil tillage to systems relying on organic and biological pest control, crop rotation, and conservation tillage. Requires such farms to be chosen within 120 days. Directs the Secretary to make a parallel study of 12 farms which have been using such farm systems for at least five years. Sets the term of such projects at five years each. Sets forth on-farm study data, including soil profile changes, crop yields, energy and water use, and farm income. Directs the Secretary to make payments to the owner of a pilot farm if the Secretary determines such payments are justified. Stipulates that these payments may be made only during a project's last four years. Directs the Secretary to coordinate such pilot farms project with specified Federal and State agricultural services, colleges, and farmers. Directs the Secretary to report to the appropriate congressional committees: (1) within 15 months regarding the information inventory; and (2) by April 1 of each year from 1985 through 1988 regarding the pilot farms, with a final project summary and recommendations by April 1, 1989. Provides for a five-year program of intercropping assistance under the Soil Conservation and Domestic Allotment Act. Authorizes ceilinged appropriations for FY 1984 through 1988.
United States · United States Congress · 21 April 1983
Amends the Arts and Artifacts Indemnity Act to extend coverage to American art work while on exhibition outside the United States whether or not such exhibition is part of a cultural exchange.
United States · United States Congress · 20 April 1983
Declares that the Senate deplores the bombing of the U.S. Embassy in Lebanon. Urges specified Federal officials to hold memorial or other commemorative ceremonies to honor the victims of the bombing.
United States · United States Congress · 19 April 1983
National Outdoor Recreation Resources Review Act of 1983 - Establishes a National Outdoor Recreation Resources Review Commission to evaluate existing and potential public outdoor recreation policies, programs, and opportunities and to recommend outdoor recreation policies and activities which should be instituted at the Federal, State, and local levels and by the private sector in order to protect existing recreation resources and to meet future recreation needs. Requires the Commission to report its findings and recommendations to the President and Congress within 18 months after its establishment. Terminates the Commission six months after submission of its report. Authorizes appropriations.
United States · United States Congress · 19 April 1983
Regulatory Reform Act - Amends the Administrative Procedure Act to exempt from its applicability any rule involving public property, contracts, or general policy statements of the Tennessee Valley Authority. Repeals the current exemption provided for matters relating to loans, grants, and benefits. Requires a notice of proposed rulemaking to include: (1) a statement of need and objectives; (2) a statement that the agency seeks proposals of alternative methods from the public and from State and local governments; (3) a description of the information on which the agency plans to rely in the rulemaking; and (4) a statement specifying where copies of the rulemaking file may be obtained. Allows an agency to adopt a rule before publishing notice, providing a period for public comment, or establishing a rulemaking file, when notice or hearing is not required by another statute, if: (1) it publishes its findings that compliance with such procedures before the rule becomes effective would be impracticable and contrary to the public interest; and (2) it completes such procedures as soon as practicable after the rule is promulgated. Requires an agency to publish a notice and allow a period for comment on any final rule which is substantially different from the original rule as proposed. Directs each agency to give interested persons at least 60 days to submit written comments on a proposed rule. Permits an agency to use any appropriate procedure to elicit full and representative public comment on the significant issues of a rulemaking. Requires an agency to provide an opportunity for oral presentations at informal public hearings in a rulemaking for a "major rule," as defined by this Act. Requires agencies to publish with each final rule a notice of its effective date and a statement of its basis and purpose, including: (1) a discussion of significant issues and alternative approaches raised by public comments; and (2) an explanation of how the agency's factual determinations are substantially supported in the rulemaking file. Prohibits an agency promulgating a rule from relying on any material not placed in the rulemaking file in time to afford an adequate period for public comment. Directs each agency to give interested persons the right to petition for an interpretation of, or exemption from, a rule. Requires an agency to respond promptly and in writing to such a petition. Requires that each agency maintain a public file of the paperwork, data, and comments pertaining to each rulemaking which shall constitute the rulemaking record for purposes of judicial review. Allows an agency to exclude from the file material exempted from disclosure under the Freedom of Information Act, if the agency includes a summary of such material or a notice of the existence of such material. Prohibits an agency rule from substantially changing the requirement of any existing contract, agreement, or grant between a Federal agency and a State or local government for one year after the rule takes effect, unless the agency publishes a finding that delaying the rule's effect would be contrary to the public interest. Provides for the judicial review of agency compliance with rulemaking requirements under this Act. Requires each agency: (1) prior to publishing a rulemaking notice, to determine whether a proposed rule is a "major rule" and (2) to include an explanation of such determination in the notice. Authorizes the President or a selected officer to determine that a rule is a major rule within 30 days after publication of the rulemaking notice and to designate not more than 75 rules as major rules during any fiscal year. Requires an agency to issue, to enter into the rulemaking file, and to publish in summary form a preliminary rulemaking analysis of each proposed major rule, with specified exceptions. Provides 60 days for public comment on such analysis. Lists the contents of such analysis, including: (1) a description of quantifiable and nonquantifiable costs and benefits; (2) a description of reasonable alternatives; (3) a statement identifying the source of Federal funds, if any, to pay costs imposed on State and local governments; (4) a description of agency action to verify data; and (5) an explanation of why the rule chosen is more cost effective than the alternatives. Directs the agency to issue a final regulatory analysis upon publishing a final major rule, to place such analysis in the rulemaking file, and to summarize such analysis in the statement of the basis and purpose of the rule. Establishes guidelines for the evaluation and description of benefits and costs in the preparation of such analysis. Limits judicial review over: (1) the designation of a major rule; or (2) any regulatory analysis. Authorizes the President to establish procedures for agency compliance with the regulatory analysis and sunset review requirements under this Act and to monitor and enforce agency implementation of such procedures, except for rules issued by the Nuclear Regulatory Commission. Directs the President to report to Congress annually on agency compliance with regulatory analysis requirements. Requires each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules selected for review by the agency or the President. Directs each agency to publish a final schedule with its responses to public comments within one year of enactment of this Act. Requires each agency to review major rules within ten years after enactment of this Act, or within ten years after such a rule is promulgated, amended, or renewed, whichever is later. Directs each agency to publish a notice of its proposed action regarding a reviewed rule. Requires that the notice: (1) assess the costs and benefits of the rule; and (2) invite public proposals for modifications or alternatives. Requires an agency to follow normal rulemaking procedures when amending or rescinding a rule. Specifies procedures for renewing a rule without amendment. Provides for: (1) extension of the review period to not to exceed 15 years; (2) revision of the review schedule; and (3) expedited agency action if a review deadline is not met. Requires each agency to publish in the Federal Register, semiannually, an agenda of the rules the agency expects to propose, promulgate, renew, or repeal within the next twelve months, including a schedule of the agency actions pertaining to each rule. Directs the President to publish, semiannually, a Calendar of Federal Regulations, listing each of the major rules included in such agenda. Allows an agency to promulgate a major rule not listed in such agenda only if it publishes an explanation of why the rule was omitted. Requires each agency to include in the notice of a proposed rulemaking the date by which it intends to complete action or each major portion of action on the rule. Directs an agency that fails to complete action by such date and that expects a delay of more than 30 days to announce a new deadline for action. Directs the President to report to Congress annually on the regulatory activities of the Government. Requires that the report include estimates of the costs and benefits to each major sector of the economy of all major rules promulgated during the preceding year, included in the regulatory agenda for the preceding year, or scheduled for review. Directs a court reviewing an agency action to: (1) determine the authority or jurisdiction of the agency on the basis of the language of the authorizing statute or other evidence of legislative intent; (2) accord no presumption in favor of or against agency action, but to give an agency's interpretation of a statutory provision such weight as it warrants; and (3) determine whether the factual basis of an agency rule has substantial support in the rulemaking file. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within five days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action until after such selection is made. Amends the Federal Advisory Committee Act to exclude from the definition of "advisory committee" for purposes of such Act any committee which is composed wholly of elected State or local officials or their representatives. Grants Federal district courts original jurisdiction of any civil action or proceeding to resolve a controversy between two or more regulatory agencies not of the same State concerning jurisdiction to regulate a public utility, unless the courts of appeals have exclusive original jurisdiction to review actions of one of the regulatory agencies involved. States that a declaratory judgment in such a proceeding shall not be withheld: (1) on the ground that a controversy over matters other than jurisdiction to regulate may exist between the parties; (2) because of failure to exhaust administrative remedies; or (3) because of inconsistent provisions of other statutes providing for judicial review of agency action. Declares that any Federal or State agency may join or be joined as a party to such action and the district court may issue its processes without regard to territorial limitations. Establishes venue for such a proceeding. Prohibits the use of appropriated funds to pay the expenses of persons participating or intervening in agency proceedings, except as expressly authorized by statute. Authorizes each Federal agency to adopt as a Federal rule with respect to a State or locality any State or local rule which duplicates or is substantially equivalent to or more stringent than such Federal rule. Declares that any final agency rule, with specified exceptions including an emergency rule, shall be considered to be a recommendation to Congress and shall have no effect unless it is reviewed and not disapproved by Congress. Directs each agency to transmit each final rule to Congress on the day the rule is transmitted for publication to the Federal Register. Prohibits the rule from becoming effective if: (1) within 45 days of continuous session of Congress after the rule is received by Congress, either committee of the House or the Senate having primary legislative jurisdiction over it reports or is discharged from consideration of a resolution disapproving it; (2) within 30 days after such resolution is reported or discharged, either House adopts it; and (3) within 30 days after the adopted resolution is transmitted to the other House, such other House agrees to it. Permits a final rule to become effective at any time after either House rejects a resolution of disapproval. Authorizes an agency to issue and submit to Congress for review a recommended final rule relating to the same acts or practices as a disapproved rule. Sets forth expedited congressional procedures for the consideration of resolutions of disapproval. Declares that the provisions of this Act supercede any other provision of law requiring action by both Houses of Congress for congressional review and disapproval of agency rules, but not any other provisions requiring action by only one House. Amends the Government in the Sunshine Act to include the Chrysler Corporation Loan Guarantee Board as an agency subject to such Act.
United States · United States Congress · 15 April 1983
Construction Work in Progress Policy Act of 1983 - Amends the Federal Power Act to authorize the Federal Energy Regulatory Commission to approve, upon application by a public utility, the inclusion in the rate base of such utility of the costs of construction work in progress (defined as construction of a facility used to generate electric energy) with respect to: (1) any pollution control facility; and (2) the conversion of oil or natural gas-fired facilities to the use of other fuels. Authorizes the Commission to approve by final order the costs of construction work in progress for other types of facilities, subject to the requirements under this Act. Requires the Commission to hold an evidentiary hearing upon application by a public utility for approval of such a rate increase. Sets forth the items required in any such application. Requires the Commission to approve the rate increase applied for or to order a lesser rate increase if, after the hearing, the Commission finds that: (1) the utility will be in severe financial difficulty unless construction work in progress costs are included in the rate base; (2) the utility has initiated programs to acquire alternative energy resources; (3) the facility being constructed is reasonably necessary to meet energy demands; (4) any mismanagement involved will not affect the utility's future financial situation; (5) the long-term benefits justify short-run rate increases in the case of customers purchasing electric energy for resale; (6) innovative financing is insufficient to alleviate or prevent severe financial difficulty; and (7) the applicant utility will discontinue the capitalization of allowance for funds used during construction for those construction work in progress costs included in the rate base. Provides that no rate increase approved or ordered under this Act may: (1) be charged for electric energy sold before the date of such approval or order; (2) exceed the amount needed to alleviate the utility's financial difficulties; (3) have an anticompetitive effect; (4) be charged to recover any costs imprudently incurred; or (5) be unduly discriminatory or preferential or exceed a just and reasonable amount.
United States · United States Congress · 14 April 1983
Increases from 26 to 28 the number of members of the Advisory Commission on Intergovernmental Relations by adding one elected officer of a township and one elected school board member, to be appointed by the President.
United States · United States Congress · 13 April 1983
Small Business Capital Formation Tax Act -- Amends the Internal Revenue Code to lower the amount of corporate tax liability on taxable income up to $200,000. Increases from 60 percent to 80 percent the capital gain deduction for equity investments in small business concerns for investments held for five years or more. Establishes a maximum corporate capital gain tax rate of 20 percent attributable to equity investments in small business concerns. Allows a small business to use a cash receipts method of accounting if its average annual gross receipts do not exceed $1,500,000 for the three preceding taxable years. Allows a nonrefundable ten percent income tax credit for investment in small business stock. Permits a taxpayer to defer payment of tax on the sale of any capital gain property if the proceeds from such sale are reinvested within one year in small business stock, and the amount of such gain does not exceed the amount invested in small business stock.
United States · United States Congress · 12 April 1983
Expresses the sense of the Senate that May 8 through May 14, 1983, be designated as National Product Safety Week in commemoration of the tenth anniversary of the United States Consumer Product Safety Commission.
United States · United States Congress · 7 April 1983
Prohibits U.S. agencies from spending money to produce lethal binary chemical munitions. Expresses the sense of the Congress that the President should continue and intensify efforts at the Disarmament Talks in Geneva to achieve with the Soviet Union a mutual and verifiable ban on the production and stockpiling of such munitions.
United States · United States Congress · 6 April 1983
Emergency Unemployment Compensation Act of 1983 - Authorizes States with approved unemployment compensation laws with extended compensation provisions to enter into and participate in (and to terminate upon 30 days' written notice) agreements with the Secretary of Labor that State agencies will make emergency compensation payments. Declares eligible for such payments individuals who have exhausted all rights to regular State compensation and Federal supplemental compensation, who have no rights to any other type of State or Federal compensation, and who are not receiving Canadian compensation for any week of unemployment which begins in an emergency benefit period and the individual's eligibility period. Prohibits such payments for any week of unemployment which begins more than two years after the end of the benefit year for which the individual exhausted regular compensation rights. Declares that an emergency benefit period shall: (1) begin with the third week after a week for which there is an area "emergency on" indicator (when the rate of insured unemployment in such area for such week and the immediately preceding 13 weeks equalled or exceeded six percent); and (2) end with the third week after the first week for which there is an area "emergency off" indicator (when the rate of insured unemployment in such area for such week and the immediately preceding 13 weeks is less than six percent). Provides that, in the case of any area of a State, no emergency benefit period shall last for a period of less than 13 consecutive weeks. Requires that the amount of emergency compensation payable to any individual for any week of total unemployment be equal to the regular compensation payable to such individual during his or her benefit year under State law. Requires that, under such agreements, States establish an emergency compensation account for each eligible applicant, in an amount equal to the lesser of 50 percent of the total amount of regular compensation payable to such applicant during his or her most recent benefit year or 13 times the average weekly benefit amount for such year. Requires that each State which has entered into such agreement be paid an amount equal to 50 percent of the emergency compensation paid to individuals by the State pursuant to such agreement. Directs the Secretary of the Treasury to make such payments to each State in sums certified by the Secretary of Labor by transfers from funds appropriated under this Act to the account of such State in the Unemployment Trust Fund. Authorizes appropriations. Sets forth provisions relating to the determination of individual eligibility when an emergency benefit period is not in effect in all areas of a State. Provides penalties for individuals involved in misrepresentation with regard to such emergency payments. Authorizes States to require individuals to repay amounts of emergency compensation to which they were not entitled, except that States may waive such repayments in cases where the individual was without fault and where repayment would be contrary to equity and good conscience. Authorizes States to deduct such amounts to be repaid from various types of unemployment compensation payable to such individual and administered by State agencies. Limits any single deduction to no more than 50 percent of the weekly benefit amount from which such deduction is made. Requires notice and opportunity for a fair hearing for an individual and an appropriate review before such deductions are made.
United States · United States Congress · 5 April 1983
Provides special rules for determining whether a private foundation's ownership interest in a bank holding company qualifies as an interest in a business enterprise, for purposes of the penalty tax on the excess holdings of a private foundation.
United States · United States Congress · 24 March 1983
Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize a State to establish a program for providing health care coverage for unemployed workers. Authorizes a State to choose who will be covered, the duration of the coverage, and the duration of the program, except that: (1) to be eligible, an individual must have received, be receiving, or have been eligible for unemployment compensation within specified time periods; (2) coverage is prohibited for the first six weeks of eligibility for unemployment compensation; (3) an individual must have been enrolled in a group health plan at his or her last place of employment; and (4) no coverage may be provided to an individual eligible for Medicaid (title XIX of the Act). Provides coverage only for inpatient and outpatient emergency hospital services and physician services. Authorizes premiums, deductibles, and coinsurance amounts to be charged. Authorizes appropriations for two 12-month periods beginning June 1, 1983, and June 1, 1984. Sets forth reporting requirements. Provides for Federal matching payments of at least 80 percent, but no more than 95 percent. Provides that a State's unemployment offices shall determine program eligibility and that such State's Medicaid agency shall administer health benefits. Amends the Internal Revenue Code to deny 50 percent of the deduction allowed for employer-sponsored health benefit plans if the employer does not provide an open enrollment period if the spouse or parent of an employee becomes unemployed.
United States · United States Congress · 24 March 1983
Animal Welfare in Research Study Act of 1983 - Directs the Secretary of Health and Human Services to arrange for the National Academy of Science, if willing, to conduct a study of the use of live animals in biomedical and behavioral research. Requires certain information from the study. Directs the Secretary to transmit a report concerning the study to specified congressional committees, and to make the report available to the public.
United States · United States Congress · 24 March 1983
Amends the Internal Revenue Code to exclude from gross income interest earned on industrial development bonds if the proceeds of such bonds are used to finance railroad rehabilitation or the acquisition of land or rights-of-way in connection with such rehabilitation.
United States · United States Congress · 24 March 1983
Expresses the sense of Congress that the President should implement, within the United States, the objectives of the United Nations Decade for Disabled Persons (1983-1992).
United States · United States Congress · 23 March 1983
National Archives and Records Administration Act of 1983 - Establishes the National Archives and Records Administration as an independent establishment in the executive branch. Requires the Administration to be directed by the Archivist of the United States who shall be appointed by the President for a ten-year term. Directs the Archivist to appoint a Deputy Archivist. Sets forth the administrative duties and authority of the Archivist. Requires the Archivist to submit to Congress an annual report concerning the administration of functions of the Archivist and the Administration. Transfers to the Administration and the Archivist the functions, duties, and authority of the General Services Administration (GSA) and its Administrator, respectively, concerning: (1) congressional printing and binding; (2) the Federal Register and the Code of Federal Regulations; (3) the distribution and sale of public documents; (4) archival administration; (5) presidential records; (6) the National Archives Trust Fund Board; (7) the National Historical Publications Commission; (8) records management; (9) the disposal of records; (10) official territorial papers; (11) Indian records placed with the Oklahoma Historical Society; (12) public laws, Constitutional amendments, and the United States Statutes at Large; and (13) electoral credentials and certificates. Transfers to the Administration the National Archives and Records Service and the office of Office Information Services of the Office of Information Resources Automated Data and Management (presently within GSA).
United States · United States Congress · 23 March 1983
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufacturers or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
![Official portrait of Sen. Durenberger, Dave [R-MN]](https://www.congress.gov/img/member/d000566_200.jpg)