United States · United States Congress · 10 March 1983
State Fiscal Assistance Block Grant Act - Declares that the purpose of this Act is to consolidate into a single program of assistance to States specified health, social, educational, and community services programs. Establishes in the Treasury a State Fiscal Assistance Block Grant Fund. Requires that funds appropriated for FY 1984 for the programs consolidated by this Act be deposited into such fund and that an equal amount be deposited for FY 1985 through 1988 financed from taxes on alcohol, tobacco, and communications. Places a limit on appropriations and entitlements for the programs consolidated by this Act. Limits the amount of any financial assistance provided to any State for FY 1985 and for each of the succeeding three fiscal years to the amount to which it become entitled for FY 1984. Makes amounts in the fund available for the programs for which they were appropriated in the event that a State does not participate in the consolidated program. Entitles a State to financial assistance under this Act upon notification to the Secretary of the Treasury and designation of one or more of the programs. Entitles a State, for each applicable fiscal year, if it designates a formula grant program, to receive the financial assistance it would have received under that program for FY 1985. Sets forth the procedure for determining the amount of assistance if a State designates a program that is not a formula grant program. Sets forth special rules with respect to water, waste disposal, and community facility loans. Permits a State to use amounts made available by this Act for a fiscal year only for: (1) the same general purposes as are served by any of the consolidated programs; and (2) administrative activities. Provides for the allocation of block grant amounts among program purposes for FY 1984 through 1987. Requires each State to provide to units of local government the same proportion as the State maintained with respect to those entities during FY 1981, 1982, and 1983. Requires a State, if it designates a water, waste disposal, or community facility program under the Consolidated Farm and Rural Development Act, to use the funds exclusively for the purpose of the designated program. Sets forth similar restrictions on the allocation of funds by a State if it designates a program under the Housing and Community Development Act of 1974. Requires a State, in order to become entitled to assistance under this Act, to prepare a report on proposed funds use. Requires assurance by a State that it has complied with the requirements of this Act. Sets forth requirements concerning reports, fiscal controls, audits, and prohibitions on age and sex discrimination. Requires Federal agencies to reduce or conclude their administrative activities with respect to the programs specified by this Act.
United States · United States Congress · 8 March 1983
Credit Deregulation and Availability Act of 1983 - Amends the Depository Institutions Deregulation and Monetary Control Act of 1980 to eliminate the current Federal rate ceiling for business and agricultural loans. Permits a State to reject Federal preemption of State usury ceilings on such loans within three years of the effective date of this Act. Makes Federal preemption applicable to certain activities in connection with credit agreements entered into during the preemption period, if the credit is extended within 18 months of the effective date of the State law rejecting preemption. Preempts all State usury laws in connection with extensions of consumer credit made by a creditor. Permits a State to reject such Federal preemption within three years of the effective date of this Act. Includes a transitional provision where a State rejects Federal preemption, applicable to open-end credit transactions, where the credit is extended within 18 months of the effective date of the State law rejecting preemption. Authorizes the Board of Governors of the Federal Reserve System to publish Board interpretations regarding the scope and application of such provisions. Authorizes the boards of directors of Federal credit unions to establish interest rates.
United States · United States Congress · 8 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 · 7 March 1983
Veterans' Educational Assistance Act of 1983 - Establishes a peacetime veterans' educational assistance program. Excludes graduates of service academies from eligibility for such assistance. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least two years to basic educational assistance. Entitles veterans of the Selected Reserve who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $300 for a full-time approved program of education. Permits the Secretary concerned to establish a higher rate of assistance, but not more than $600 a month, for individuals possessing a skill or specialty designated as being in critical shortage. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharge and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance. Requires that the Administrator receive a certificate of attendance from both the individual and the educational institution before paying the educational assistance allowance for any period. Allocates the administration and costs of such programs to the Veterans Administration, the Department of Transportation, and the Department of Defense. Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs. Establishes a Career Members' Supplemental Educational Assistance Program for veterans who have served on active duty for a period of more than ten years. Requires enrollees to participate in such program for at least 12 consecutive months except as specified by this Act. Requires participants to agree to a monthly deduction from their military pay as a contribution to such program for deposit in the Career Member's Dependents Education Account established in the Treasury. Provides for a refund of such contributions upon disenrollment, discharge, release, or death. Authorizes the Secretary to contribute to the fund account, in addition to matching funds, any amounts necessary to encourage persons to remain in the armed forces. Entitles each participant to 36 monthly benefit payments. Sets forth the formula for computing the amount of such payments. Permits eligible veterans to transfer any educational benefits to such veterans' spouse or children. Establishes a delimiting period of ten years after discharge or release for educational assistance benefits. Requires the Administrator of Veterans Affairs and the Secretary of Defense, within 90 days of enactment of this Act, to submit a joint report to the Congress on their respective plans for implementation of programs provided by this Act. Directs them to make annual reports on the operation of such programs thereafter. Directs the Administrator to deposit military pay deductions in the Fund and maintain accounts showing contributions by participants and the Secretary as well as disbursements. States that appropriations to carry out this program shall be considered as part of the Department of Defense budget. Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981. Directs the Secretary to report to Congress annually on the educational assistance program, including the number of participants from the Selected Reserve. Permits the Secretary concerned to grant an eligible member a leave of absence of not more than two years for such member to pursue a program of education. Sets forth the terms and conditions for such leave. Requires the Secretary concerned to provide individual predischarge counseling which includes a discussion of educational benefit entitlements. States that there shall be no increase in pay for members in pay grade E-1 in FY 1984 and 1985.
United States · United States Congress · 3 March 1983
Dam Safety Act of 1983 - Amends Federal law to revise the national dam inspection program. Exempts dams located in States with an approved dam safety program from the Secretary of the Army's national inspection program. Authorizes the Secretary to enter and inspect a damsite at reasonable times. Authorizes appropriations to carry out such Act through FY 1987. Sets forth the formula for distributing such funds among the States. Directs the Secretary to: (1) provide assistance to States maintaining approved dam safety programs; and (2) review periodically the implementation and effectiveness of such programs. Specifies the standards such programs must meet. Directs the Secretary to provide guarantees to insurers in order to enable dam owners, in States with approved dam safety programs, to obtain liability insurance at reasonable rates. Authorizes appropriations to provide such guarantees. Requires the Secretary, with the Secretary of the Treasury, to report to Congress with an analysis of the effects of such guarantees, together with any recommendations for a more comprehensive dam safety insurance program. Authorizes appropriations for a revolving fund to be used for loans to dam owners making repairs or other safety improvements on such dams. Establishes a Federal Dam Safety Review Board to be responsible for reviewing dam safety procedures and monitoring State implementation of this Act. Requires the head of any U.S. agency that owns or operates a dam, when requested, to consult with the State in which the dam is located on the design and safety of such dam and to allow such State officials to participate with agency officials in dam safety inspections. Directs the Secretary to: (1) provide training for the State dam safety inspectors; and (2) develop, with the National Bureau of Standards, improved dam inspection techniques. Requires that dam construction proposals submitted to specified congressional committees contain information concerning dam failures and preventive measures that may be taken.
United States · United States Congress · 3 March 1983
Amends the Internal Revenue Code to allow individuals who have never owned a principal residence an income tax credit for 25 percent of amounts contributed to an individual housing account. Limits the amount of such credit to $1,500 for any taxable year ($3,000 for joint returns). Requires contributions made to an individual housing account to remain in such account for at least 12 months. Sets forth requirements for the establishment of an individual housing account. Imposes penalties for distributions made from an individual housing account which are not used in connection with the purchase of a principal residence. Exempts interest earned on an individual housing account from income taxation. Requires the trustee of an individual housing account to make such reports regarding the maintenance of an individual housing account as the Secretary of the Treasury may require. Prohibits contributions to an individual housing account in excess of prescribed limits and imposes a tax on such excess contributions equal to the tax on excess contributions to an individual retirement account.
United States · United States Congress · 3 March 1983
Sentencing Reform Act of 1983 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office.
United States · United States Congress · 3 March 1983
Water Resources Research Act of 1983 - Authorizes the Secretary of the Interior to assist the work of any water resources research and technology institute, center, or equivalent agency established in the States in accordance with this Act. States that each such institute shall: (1) have responsibility for planning, conducting, and/or arranging for competent research in relation to water resources; and (2) cooperate with other colleges and universities in the State in order to develop a statewide program designed to resolve State and regional water and related land problems. Requires each institute, prior to the receipt of funds each fiscal year, to submit to the Secretary a water research program. Permits the Secretary to make grants to each designed institute to be matched at specified rates by non-Federal dollars. Authorizes appropriations for such grants through FY 1988. Permits the Secretary to make additional grants to other qualified institutions and agencies of local or State government for research concerning any aspect of a water-related problem which the Secretary may deem to be in the national interest. Repeals the Water Research and Development Act of 1978. Authorizes appropriations for such additional grants and for administration of grants through FY 1988.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Andrei Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Andrei 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 Andrei Sakharov Day.
United States · United States Congress · 3 March 1983
Constitutional Amendment - Requires the Congress to assure that the total outlays of the Government during any fiscal year (except for the repayment of debt) do not exceed an amount equal to the greater of: (1) the difference between: (a) an amount which bears the same ratio to the gross national product at the close of such fiscal year as outlays for the preceding fiscal year bear to the gross national product at the close of such preceding fiscal year; and (b) an amount equal to one percent of gross national product for such fiscal year; and (2) 20 percent of the gross national product for such fiscal year. Permits a waiver of such limitations in case of national emergency or war, but all expenditures in excess of such limitations must be approved by three-fourths of Congress.
United States · United States Congress · 1 March 1983
Housing and Community Development Act of 1983 - Title I: Community and Neighborhood Development - Amends the Housing and Community Development Act of 1974 to authorize appropriations for FY 1984 through 1986 for the community development block grant program, the urban development action grant program, and the special discretionary fund of the Secretary of Housing and Urban Development. Earmarks a specified amount of the appropriations set aside for the discretionary fund for grants to Indian tribes. Authorizes the Secretary to: (1) make rental rehabilitation grants to State and local governments for the rehabilitation of privately owned property for residential rental purposes; and (2) make available contract authority to assist the very low-income tenants who are displaced by such rehabilitation activities, to minimize such displacement, and to assist other very low-income tenants in obtaining decent housing. Sets forth guidelines for the allocation of such grants and assistance (resources) among cities having a population of 50,000 or more, urban counties, and States. Requires the Secretary to conduct annual audits and reviews of the performance of resource recipients. Permits the Secretary to adjust the amount of resources provided to recipients in accordance with the findings of such audits and reviews. Prohibits any adjustments to recapture resources already expended. Authorizes the Secretary to limit the rental rehabilitation grant amounts any entity may receive in any fiscal year. Requires any assisted city, urban county or State administering a rental rehabilitation program to provide for the public and the Secretary an annual statement on proposed rehabilitation activities. Lists requirements for rental rehabilitation programs assisted under this Act. Restricts the use of rehabilitation grants to structures that are to be used for rental residential purposes in low- and moderate-income areas. Limits the amount of rehabilitation assistance for a structure to 50 percent of the total rehabilitation costs of that structure. Prohibits assisted State and local governments from imposing rental requirements on assisted structures which differ from those applicable to structures rehabilitated without assistance. Requires a borrower under such a program to be personally liable for repayment of any financing upon default. Provides for State administration of resources in areas outside a city or county receiving a direct allocation. Permits a State: (1) to use allocated resources to conduct its own rehabilitation program; (2) to distribute such resources to local governments; or (3) in FY 1983, to elect to have the Secretary administer such resources. Authorizes the Secretary to establish relocation standards. Directs the Secretary to establish specified procedures governing rehabilitation involving historic structures. Prohibits the Secretary from making rehabilitation grants unless the recipient provides satisfactory assurances that its program will be administered in conformity with specified civil rights requirements. Authorizes appropriations for the urban homesteading program for FY 1984 and 1985. Provides for the payment of consideration by a State or local government to the Secretary and by an individual or family to such government for real property transferred under an urban homesteading program. Requires such a government to remit to the Secretary 50 percent of any amount by which the consideration it receives for such property exceeds the consideration it paid for such property. Authorizes the Secretary to undertake a program to demonstrate the feasibility of using homesteading techniques to facilitate the reuse of multifamily properties owned by the Secretary for home ownership purposes. Directs the Secretary to convey suitable properties to State and local governments for subsequent transfer to individuals under a cooperative or condominium form of ownership. Requires that community development grants to States for nonentitlement areas (areas other than metropolitan cities or urban counties) be distributed by the States. (Current law provides for distribution by the Secretary in certain cases.) Revises grant certification requirements to delete requirements that: (1) the Governor of a State must be the State official who makes such certifications; and (2) a State must match ten percent of such grant amount for community development activities. Requires the reallocation among all States of grant funds that are allocated to a State for nonentitlement areas but not received by the State because it fails to meet grant prerequisites or because of an administrative action against the State. Requires that amounts of a State's allocation that become available as a result of grant closeouts or administrative actions against local governments be added to that State's allocation for the fiscal year in which such amounts become available or, if such State did not receive a grant in such year, to amounts to be allocated to all States in the succeeding fiscal year. Includes among activities that are eligible for funding through community development block grants: (1) the acquisition, construction, reconstruction, or installation of all public facilities except buildings for the general conduct of government; and (2) the new construction of housing. Revises the definition of an Indian tribe for purposes of provisions concerning eligibility for community development block grants and urban development action grants. Requires recipients of community development block grants to include in proposed and final statements on community development objectives and the projected use of funds a description of the use of funds received in specified past periods and an assessment of the relationship of such use to the objectives proposed for such funds. Provides that, under certain conditions, the amount of community development block grants for a government formed by the consolidation of metropolitan cities and urban counties shall be equal to the sum of amounts such cities and counties would have received if they had not consolidated. Requires that grant funds originally allocated to metropolitan cities and urban counties which become available for reallocation be redistributed on a nationwide basis in the succeeding fiscal year. (Currently, such funds are redistributed among cities and counties within the same metropolitan area as the city or county to which the funds were originally allocated.) Requires the Secretary to distribute any excess metropolitan city and urban county grant amounts in a fiscal year on a pro rata basis. Authorizes the Secretary to make grants to qualified groups and groups designated by governmental units to assist such units in carrying out the community development block grant and urban development action grant programs. Repeals the exclusion of central cities of metropolitan statistical areas with populations of less than 50,000 as small cities with such populations for which 25 percent of urban development action grants are set aside. Repeals provisions that: (1) allow local governments to receive an advance payment of the amount of their block grants to establish a revolving fund to be used for their rehabilitation activities; and (2) authorize the Secretary to guarantee obligation issued by local governments to finance the acquisition and rehabilitation of real property. Amends the Housing Act of 1964 to repeal provisions authorizing the Secretary to make rehabilitation loans to property owners and tenants. Amends the Housing and Urban Development Act of 1969 to repeal provisions authorizing the General Services Administration to transfer Federal surplus real property to the Secretary or the Secretary of Agriculture for sale or lease at fair value for use for low- and moderate-income housing. Permits the transfer of property requested before enactment of this Act. Amends the Housing Act of 1949 to repeal provisions that prohibit an urban renewal plan from providing for the construction of transient housing unless the community involved has obtained a transient housing study indicating a need for such housing. Amends the Housing and Urban Development Act of 1965 and the Housing Act of 1961 to repeal provisions requiring the Secretary's approval of the conversion of neighborhood facilities or open space land to uses not originally approved by the Secretary when awarding a grant for acquisition of such facilities or land. Title II: Assisted Housing - Amends the United States Housing Act of 1937 to provide the Secretary additional contract authority for FY 1983 for contributions for the acquisition and development of public housing projects. Directs the Secretary to use a specified amount of such approved authority for contracts for improvement assistance to such projects. Authorizes appropriations for FY 1982 through 1984 for operating assistance for such projects. Repeals provisions providing for the approval of an application for housing assistance on the basis of consistency with a local housing plan. Authorizes the Secretary to make grants to Indian tribes to: (1) assist in the development of newly constructed housing for tribe members; and (2) make rental units in such housing affordable to very low income members. Provides that assisted housing units may be: (1) owned by a tribe or an Indian housing authority and leased to the families; or (2) owned by the tribe or authority and the family as comortgagors. Sets forth grant application requirements, criteria for selecting grant participants, and maximum grant amounts. Authorizes appropriations for such grants for FY 1984 and 1985. Amends the National Housing Act to authorize the Secretary to insure: (1) mortgages of such assisted Indian housing units; and (2) advances for construction of such units when no feasible financing alternative is available. Amends the United States Housing Act of 1937 to require operating subsidies for public housing projects to be determined on the basis of a formula calculated to assure that the income of the public housing agency will be comparable to the sum of the existing housing fair market rents or the payment standards for the public housing agency's units, with specified adjustments by the Secretary. Requires the payment of a subsidy determined under current provisions of such Act plus a reasonable replacement allowance if such total amount is less than the subsidy as determined under this Act. Sets forth provisions governing the transition from the current method of calculating operating subsidies to the formula method. Authorizes the Secretary to: (1) fund certain public housing projects under a different formula; and (2) reimburse public housing agencies for costs of required audits. Repeals provisions that require the Secretary to allocate excess operating subsidy funds to public housing projects that incur unanticipated excessive costs due to circumstances beyond their control. Prohibits the Secretary from entering any contracts to provide comprehensive improvement assistance to public housing projects after September 30, 1987, using authority approved in appropriation Acts for fiscal years after 1987. Amends the Housing Act of 1937 to permit low-income housing assistance contracts providing assistance payments based on a payment standard used to determine the maximum monthly assistance payable for any family with respect to an existing unit selected by the family. Directs the Secretary, at least annually, to establish payment standards for various sizes and types of dwelling units in the market area at levels designed to assist the greatest possible number of families in securing decent, safe, and sanitary housing. Directs the Secretary to publish payment standards in the Federal Register. Establishes the monthly assistance payment for a family as the amount by which the payment standard exceeds 30 percent of the family's monthly adjusted income, provided that such monthly assistance payment is not greater than the amount by which: (1) the monthly rent for the unit exceeds ten percent of the family's monthly income; or (2) the lower of such rent or the payment standard exceeds the part of any welfare payment designated for the family's housing costs. Restricts such assistance payments to very low-income families and families previously assisted under specified housing programs, with preference given to families which: (1) occupy substandard housing; (2) are involuntarily displaced; or (3) pay more than 50 percent of their income for rent. Permits the Secretary to disregard such preference and provide assistance to: (1) eligible families occupying units in formerly assisted projects acquired by the Secretary; (2) families in units to be rehabilitated; or (3) families residing in assisted Indian housing projects. Terminates such assistance with respect to any vacant unit. Limits the duration of such assistance payments to five years. Requires the public housing agency to inspect the assisted unit at least annually to determine that it meets housing quality standards. Provides for the administration of such assistance contracts for Indian housing tenants by an Indian tribe or an Indian housing authority. Limits the duration of such contracts. Provides for low-income housing assistance based on a payment standard for families renting manufactured homes or spaces. Requires that tenants be given a preference for assistance under certain public housing and rent supplement programs if they are paying more than 50 percent of their income for rent. Allows the Secretary to establish income ceilings higher or lower than 50 percent of the area median income when defining "very low-income families" for purposes of the housing assistance programs if such variations are necessary because of unusually high or low family incomes. Amends the Omnibus Budget Reconciliation Act of 1981 to: (1) extend the applicability of provisions providing for delayed implementation of rent increases under such Act to tenants occupying assisted housing on or after the effective date of regulations implementing such Act; and (2) prohibit annual rent increases of more than 20 percent (currently ten percent) for tenants occupying assisted housing on or before such date as a result of provisions of such Act, the payment standards under this Act, or any other provisions of Federal law redefining which governmental benefits are to be considered as income. Authorizes the Secretary to delay implementation of specified procedures for determining a family's rent or contribution under certain housing programs if the Secretary determines that immediate implementation would be impracticable, would violate the terms of existing leases, or would cause extraordinary hardship for any class of tenants. Provides that the 20 percent limitation on rent increases shall not apply to a tenant whose rent payments are based on parts of welfare payments specifically designated for housing costs if the Secretary determines that the tenant will not bear the burden of such rent increases. Prohibits any reduction in a tenant's rent or contribution for assisted housing as a result of the implementation of procedures under this Act. Makes a technical revision in the definition of a developmentally disabled individual for purposes of certain housing programs for the elderly or handicapped and public housing programs. Permits the Secretary to petition any U.S. district court or the appropriate State court for the appointment of a receiver for a public housing agency which is in default on the covenants or conditions to which it is subject. Authorizes the court to grant temporary or preliminary relief pending final disposition of such petition. Terminates an appointed receiver upon the petition of the Secretary or when the court determines that all defaults have been cured and that the public housing agency will operate according to controlling covenants and conditions. Permits the Secretary to approve the demolition of a public housing project or a portion thereof if the project is unusable and cannot be restored feasibly. Allows the Secretary to approve the disposition of such a project or portion if: (1) the property's retention is not in the best interest of the tenants or the public housing agency due to health and safety or economic factors; and (2) the net proceeds of the disposition will be used to retire outstanding indebtedness as prescribed by the annual contributions contract or the Secretary. Conditions the approval of such demolition or disposition or requirements that: (1) affected tenants be consulted; and (2) displaced tenants be given an opportunity by the public housing agency to relocate to other decent, safe, sanitary, and affordable housing. Permits the Secretary to approve any disposition of property determined to be excess to the needs of a project and any disposition which does not interfere with the continued operation of a project. Amends the Housing Act of 1959 to eliminate the requirement that a nonprofit corporation, to be eligible for loans for the provision of housing for the elderly and handicapped, have on its governing body members selected to represent the views of the community where such housing would be located. Amends the Housing and Community Development Amendments of 1978 to require that a rental or cooperative housing project be covered by a federally-insured mortgage to be eligible for operating assistance for troubled multifamily projects. Amends the National Housing Act to extend through September 30, 1985, the period during which amounts in the rental housing assistance fund may be approved for such operating assistance. Amends the definition of a multifamily housing project to make certain requirements concerning tenant participation applicable to only those projects: (1) the mortgages of which are, or have been, federally insured; (2) which have been sold subject to a mortgage insured or held by the Secretary and subject to an agreement requiring the project's low- and moderate-income character to be maintained; or (3) the mortgages of which are, or have been, federally insured and the owner of which is the Secretary. Amends the Social Security Act to require State unemployment agencies to disclose information to the Department of Housing and Urban Development (HUD) and public housing agencies concerning applicant wage information and unemployment benefits. Requires the State agencies to establish safeguards to assure that disclosed information is used only to determine an individual's eligibility for benefits or the amount of benefits under HUD programs. Requires the entity responsible for determining eligibility for, or the level of, certain Federal housing benefits to deny such benefits to any applicant who knowingly submitted incorrect or misleading statements, concealed or withheld relevant information, or violated other benefit requirements. Amends the Housing and Community Development Act of 1980 to extend the prohibition against providing housing assistance to non-resident aliens to assistance provided under a specified mortgage insurance program under the National Housing Act. Title III: Program Amendments and Extensions - Amends the National Housing Act to extend through September 30, 1985 the Secretary's authority to insure housing loans and mortgages under specified insurance programs contained in such Act. Terminates the Secretary's authority to insure mortgages for: (1) servicemen, nursing homes, intermediate care facilities, and hospitals after May 20, 1983; and (2) mortgagors qualifying for home ownership assistance payments under such Act after September 30, 1983. Authorizes the appropriation of such funds as may be necessary to cover losses sustained by the General Insurance Fund. Amends the Housing and Urban Development Act of 1970 to authorize appropriations for research activities of the Department of Housing and Urban Development (HUD) for FY 1983 through 1985. Provides for the liquidation of the new communities program authorized by the Housing and Urban Development Acts of 1968 and 1970. Cancels the duty of the Secretary to repay the principal and interest on obligations issued to the Treasury to finance such programs. Cancels, each fiscal year, the duty of the Government National Mortgage Association to repay the principal and interest on obligations it issued to the Treasury to finance its special assistance functions and emergency home purchase assistance programs. Provides for the liquidation of assets acquired and the discharge of liabilities incurred under such programs. Repeals the provisions of the Federal National Mortgage Association Charter Act authorizing such programs. Amends the National Housing Act to repeal the Secretary's authority to establish maximum interest rates on Federal Housing Administration (FHA) loans. Provides that housing mortgages or loans insured under programs that are extended beyond FY 1983, with specified exceptions, shall bear interest at such rate as may be agreed upon by the borrower and the lender. (Currently, the Secretary sets or approves such interest rates within prescribed limits.) Continues the authority of the Secretary to set the maximum interest rate for insured mortgages of mortgagors receiving home ownership assistance payments. Authorizes the Secretary to agree to an extension of the term of an insured mortgage on property or land to be improved or developed, upon determining that unusual circumstances make such extension necessary to avoid undue hardship to the mortgagor. Repeals a provision of the Multifamily Mortgage Foreclosure Act of 1981 that requires the purchaser of a project foreclosed under such Act, if a majority of the project units are occupied at the time of sale, to continue to operate the project according to the terms of the Federal insurance or rehabilitation loan program under which the project received assistance. Amends such Act to authorize lenders participating in the multifamily coinsurance program to use the Act's foreclosure procedures for mortgages in default. Repeals a provision of the Housing and Community Development Act of 1977 that requires the Secretary to publish prototype housing costs for each housing market area of the United States. Amends the National Housing Act to increase the maximum amounts of loans for purchasing manufactured homes and lots that may be insured under the FHA program. Allows the Secretary to increase such maximum amounts for an area by not to exceed the percentage by which the maximum insurable amount for a one-family home in that area is increased. (Currently, such increase is limited to $7500.) Allows a qualified owner-occupant of a manufactured home and lot purchased without FHA insurance to refinance such home through an FHA-insured loan, provided the home was constructed in accordance with standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974. Increases the maximum loan-to-value ratio of a single-family home for FHA insurance purposes. Increases the amount of the principal obligation of a mortgage executed by a non-occupant mortgagor which is eligible for FHA insurance. Authorizes the Secretary to set varying FHA insurance premiums of up to three (currently one) percent per year of the outstanding principal mortgage obligation for different housing programs. Authorizes the Secretary to insure, on a coinsurance basis, a specified number of mortgage loans for the purchase and construction of shell homes for occupancy by the buyers. Directs the Secretary to encourage buyers to contribute the value of their labor as equity in the property. Authorizes the Secretary to provide mortgage insurance benefits to a mortgagee without requiring conveyance of the title to the insured property if: (1) the property is sold at foreclosure for at least its fair market value and the proceeds of the sale are deducted from the value of the mortgage; and (2) all claims of the mortgagee relating to the mortgage are assigned to the Secretary. Makes it discretionary (rather than mandatory) for the Secretary to regulate the rents and rate of return on HUD-insured housing projects and to provide such insurance primarily to projects providing for families with children. Permits the Secretary to insure mortgages of manufactured home parks designed exclusively for the elderly. Eliminates special limitations on the amount of a mortgage involving refinancing for rehabilitation purposes which qualifies for FHA insurance. Authorizes the Secretary to direct mortgagees exercising their option to assign certain insured mortgages to the Secretary, to deliver the mortgages and original credit installments directly to the Government National Mortgage Association in lieu of the Secretary. Authorizes the Association to hold and service such loans as agent for the Secretary. Eliminates the option of mortgagees to assign such insured mortgages to the Secretary with respect to a commitment to insure entered into on or after the effective date of this Act. Eliminates the requirement that a condominium meet one of the following conditions to qualify for FHA insurance: (1) the project containing the condominium is or has been federally-insured; (2) there are less than 12 units in the project; or (3) if the project has 12 or more units, it is more than one year old. Deletes the additional requirement that the mortgagor acquire the condominium for his or her own use and occupancy and not own more than four units covered by insured mortgages. Extends the Secretary's authority to insure graduated payment mortgages. Eliminates the requirements that a mortgagor must be unable to afford a dwelling under any other mortgage insurance program and must not have owned a dwelling within the previous three years in order to qualify for graduated payment mortgage insurance. Deletes restrictions on the number of graduated payment mortgages which may be insured during a year. Provides authority for the Secretary to insure graduated payment mortgages for housing projects consisting of five or more dwelling units. Authorizes the Secretary to insure a limited number of adjustable rate mortgages for dwellings designed for occupancy by one to four families (single-family homes). Permits annual interest rate adjustments of not to exceed one percent through adjustments in the monthly payment, the outstanding principal balance, the mortgage term, or a combination of these factors. Prohibits: (1) extending the mortgage term beyond 40 years; or (2) increasing the interest rate by more than five percentage points over the mortgage term. Directs the Secretary to require the mortgagee to provide information to the mortgagor describing the features and maximum possible payment schedule for an adjustable rate mortgage. Authorizes the Secretary to insure a specified number of shared appreciation mortgages for single-family homes, cooperative housing stock, and multifamily housing projects. Provides that the mortgagee's share of a property's or stock's net appreciated value shall be paid upon the sale or transfer of the property or stock or payment in full of the mortgage, whichever comes first. Excludes a mortgagee's share of the net appreciated value from the mortgagee's insurance benefits in the event of a default. Directs the Secretary to prescribe consumer protection and disclosure requirements applicable to mortgagees making shared appreciation mortgages. Exempts such mortgages from State authority. Requires a shared appreciation mortgage on a multifamily housing project to have a mortgage term of at least 15 years and to be repayable in monthly installments needed to retire the debt over 30 years. Directs the Secretary to establish the maximum percentage of net appreciated value of a multifamily housing project that is payable as the mortgagee's share. Authorizes the Secretary to insure certain housing loans which do not completely amortize over the loan term. Authorizes the Secretary to insure a specified number of home equity conversion mortgages for elderly homeowners on a demonstration basis. Declares that such a mortgage shall: (1) be secured by a first lien on property designed as a one-family residence; (2) provide for periodic or lump sum payments to the homeowner based upon accumulated equity; (3) have a fixed or variable term or provide for the lender and the homeowner to share the appreciation in the value of the property; (4) become due on a specified date after disbursement of the full principal amount or when a specific event occurs such as the sale of the property or the death of the homeowner; (5) allow prepayment without penalty; and (6) provide for a fixed or adjustable interest rate. Lists other conditions for insurance eligibility. Establishes the eligibility of mortgagees for insurance benefits for such mortgages. Directs the Secretary to require mortgagees to provide a written explanation of the features of a home equity conversion mortgage to any applicant. Preempts State regulation of certain aspects of such a mortgage. Authorizes the Secretary to take any actions necessary to: (1) provide a mortgagor with funds to which the mortgagor is entitled but which the mortgagor has not received under an insured mortgage because the party responsible for payment has defaulted; and (2) obtain repayment of such funds. Authorizes the Secretary to make expenditures to correct or provide compensation for structural defects in an FHA-insured single-family home for which a Veterans Administration loan guaranty was approved prior to construction. Requires payment to the Government of mortgage insurance premiums promptly: (1) upon their receipt from the borrower with respect to mortgages on single-family homes; and (2) when due to the Secretary with respect to mortgages on multifamily housing projects. Authorizes the Secretary to insure the mortgages of single-family homes on Indian reservations or Hawaiian home lands, without regard to certain restrictions of the National Housing Act, if such a mortgage is executed: (1) by an Indian tribe or a member of an Indian tribe and the Indian tribe as comortgagors; (2) by a native Hawaiian if the Department of Hawaiian Home Lands of the State of Hawaii is a comortgagor or guarantees to reimburse the Secretary for any insurance paid; or (3) in connection with a property assisted under the Indian housing program under this Act. Authorizes the Secretary to require Indian tribes to pledge income from tribal resources or assets or pledge Federal grants to reimburse the Secretary for insurance claims paid on such homes. Amends the Housing and Urban Development Act of 1968 and the National Housing Act to repeal the Secretary's authority and obligation to provide housing counseling assistance to certain tenants and homeowners. Amends the National Housing Act to provide that the interest on obligations issued by State or local governments to finance mortgages on a coinsurance basis shall not be tax exempt.
United States · United States Congress · 24 February 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 · 22 February 1983
National Institute of Arthritis and Musculoskeletal and Skin Diseases Act of 1983 - Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute (Institute) of Arthritis and Musculoskeletal and Skin Diseases in the National Institutes of Health (NIH). Redesignates the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases as the National Institute of Diabetes and Digestive and Kidney Diseases. States that the Institute shall conduct research and related activities concerning arthritis and musculoskeletal diseases, including sports-related disorders and skin diseases. Requires the Director of the Institute, with the advice of the National Arthritis and Musculoskeletal and Skin Diseases Advisory Council, to establish within 180 days a national plan to coordinate such activities. Requires an annual evaluation of the skin diseases programs. Establishes within the Institute: (1) the National Arthritis and Musculoskeletal and Skin Diseases Data System; and (2) the National Arthritis and Musculoskeletal and Skin Diseases Information Clearinghouse. Authorizes appropriations through FY 1986. Establishes within the Institute: (1) an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee; and (2) a Skin Diseases Interagency Coordinating Committee. Requires annual reports to the Secretary of Health and Human Services and to the Director of NIH. Establishes within the Institute a National Arthritis and Musculoskeletal and Skin Diseases Advisory Council. Authorizes appropriations through FY 1986 for arthritis and musculoskeletal demonstration projects and multipurpose disease centers. Requires the Institute to submit a biennial report. Transfers arthritis-related functions (including data system, advisory functions, coordinating functions, demonstration project, and multipurpose center), funds, personnel, and assets to the Institute from the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases. Requires the Secretary to report to the appropriate congressional committees and to the Comptroller General within 60 days regarding such transfers. Requires the Comptroller General to report to the appropriate congressional committees within 80 days regarding such transfers. Terminates the National Arthritis Advisory Board. Makes conforming amendments. Requires the Secretary, through NIH, to conduct a study of the existing combinations of disease research programs within the institutes and of the standards to be followed in establishing new or realigning existing institutes. Requires a report to the appropriate congressional committees within 18 months. Prohibits the establishment of any new institutes within six months of such report's submission. Directs the Secretary to conduct and complete within 60 days a review of the disease research programs of the National Institute of Diabetes and Digestive and Kidney Diseases (as redesignated by this Act) to determine if any of these programs could be more effectively managed by other national research institutions.
United States · United States Congress · 22 February 1983
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold, aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in death of the victim; (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Authorizes the death penalty for the crime of attempting to kill the President of the United States if the attempt results in bodily injury to the President or otherwise comes dangerously close to causing his death. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 17 February 1983
Amends the Federal Land Policy and Management Act of 1976 to exempt entities which have received financial assistance under the Rural Electrification Act of 1936 from paying annual fees for rights-of-way with respect to public lands.
United States · United States Congress · 16 February 1983
Directs that proceedings in the Senate Chamber be broadcast by radio and television: (1) in accordance with provisions of this resolution; (2) continuously when the Senate is in session (except when a closed door meeting is ordered); and (3) subject to certain provisions of the Standing Rules of the Senate pertaining to the Senate gallery. Requires that broadcasts be supervised and operated by the Senate and made available on a live basis and free of charge to specified entities. Requires the television broadcasts to follow the Presiding Officer and Senators who are recognized to speak. Directs the Architect of the Capitol to provide for the construction and acquisition of broadcasting facilities and equipment. Sets forth duties of the Sergeant at Arms and Doorkeeper of the Senate with respect to the operation and maintenance of such equipment and the disposition of audio and video tape recordings. Directs the Librarian of Congress and the Archivist of the United States to receive, store, and make such recordings available to the public at no cost for viewing or listening on the premises. Authorizes the charging of a fee equal to the cost involved through distribution of taped copies. Provides for a test period of Senate broadcasting equipment. Prohibits the use of tape duplications of broadcast coverage for political or commercial purposes. Requires that changes in regulations made by this resolution be made only by Senate resolution. Authorizes expenditures, limited to a specified amount, to carry out this resolution.
United States · United States Congress · 3 February 1983
Omnibus Bankruptcy Improvements Act of 1983 - Title I: Bankruptcy Code Amendments - Subtitle A - Consumer Credit Amendments - Consumer Debtor Bankruptcy Amendments Act of 1983 - Amends title 11 (Bankruptcy) of the United States Code to permit any order, process, or judgment issued by a bankruptcy court to allow for the imposition of civil penalties to redress violations of the bankruptcy laws. Establishes an eligibility test for liquidation bankruptcy relief based on the individual petitioner's inability to pay a reasonable portion of his debts out of future income. Permits the court to dismiss a bankruptcy case upon the motion of any party in interest filed prior to the conclusion of the first meeting of creditors, and after notice and a hearing, if the debtor is ineligible for relief because he is able to pay a reasonable portion of his debts out of future income. 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 affecting 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 debtor's 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 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 interests 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. 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 is 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. Subtitle B - Agricultural Produce Bailment Amendments - 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 administrative details. Subtitle C - Leasehold Management Amendments - Leasehold Management Bankruptcy Amendments Act of 1982 - Requires a trustee in bankruptcy to perform all of the obligations of a tenant arising from an order for bankruptcy relief under an unexpired shopping center lease (including payment of the rent and other charges specified in the lease) until such lease is assumed or rejected. Permits the court to extend the time for performance of any obligation of rent or other charges due upon an unexpired lease. Declares that acceptance of such performance shall not constitute a waiver or relinquishment of the lessor's rights under the lease or under this Act. Imposes a 60 day limit (with additional time, if the court so orders) on a trustee's acceptance or rejection of an unexpired lease in all bankruptcy cases, after which time the lease will be deemed rejected. Requires the trustee to assure that an assignee of such a lease has a financial standing similar to the original tenant's at the time of execution of the lease. Revises the condition that assignment or assumption of the lease not cause a substantial disruption of any tenant mix in the center by deleting the qualifier "substantial". Permits the lessor, if an unexpired lease is assigned pursuant to this Act, to require a deposit or other security for the performance of the obligations under the lease. Declares that the property of the estate does not include any property subject to a lease which has expired by virtue of its own terms without regard to the bankruptcy proceedings. Subtitle D - Amendments to Title 11, Section 523 Relating to the Discharge of Debts Incurred by Persons Driving While Intoxicated - States that a debtor shall not be discharged from a judgment debt resulting from a liability based upon driving while legally intoxicated. Subtitle E - Referees Salary and Expense Fund - Referees Salary and Expense Fund Act of 1982 - Amends the Federal bankruptcy laws to apply a $200,000 ceiling to fees from the referees' fund for any reorganization case pending after September 30, 1979. Sets a $100,000 ceiling to fees from the referees' fund for any such case whose plan was confirmed before September 30, 1979, but whose fees were not determined until after that date. Requires, after September 30, 1979, that all fees collected for payment into the referees' salary and expense fund be collected and paid into the general fund of the Treasury and that any balance in the fund on such date be transferred to the Treasury and the fund closed. Subtitle F - Amendments Regarding Repurchase Agreements - Exempts repurchase agreements from the automatic stay in bankruptcy proceedings, except where such an order is authorized under certain provisions of the Securities Investor Protection Act of 1970 or any law administered by the Securities and Exchange Commission. Subtitle G - Amendments to Title 11, Section 365 of the United States Code to Provide Adequate Protection for Timeshare Consumers - Grants the holder of a timeshare interest a lien against the debtor's estate if the contract rights under the timeshare plan are terminated by the trustee. Allows the holder to treat a trustee's rejection of the plan as a termination of the contract. Subtitle H - Bankruptcy Oversight - Requires the Director of the Administrative Office of the United States Courts to compile statistics which show: (1) the assets and liabilities of debtors in bankruptcy; (2) a summary of the amount of debt discharged in bankruptcy and the total amount of disbursements to creditors by the bankruptcy courts in such cases; and (3) the average amount of time elapsed between the filing of the case and payments to creditors. Requires such statistics to be compiled for each judicial district on an annual basis. Subtitle I - Technical Amendments to Title 11 - Makes technical amendments to the Bankruptcy Reform Act of 1978. Amends the definition of a "security" under title 11, which includes only securities registered under the Securities Act of 1933, to include any security which should be so registered. Specifies the time periods for assessing tax liabilities or filing a petition of bankruptcy after a stay has been imposed. Increases the compensation payable to trustees. States that a bankruptcy petition shall operate as a stay of the filing of a tax lien or of the presentation of a negotiable instrument. Requires notification by the trustee if so required by the Clayton Act. Establishes the burden of proof in having to use, sell, or lease property. Allows a claim for tax liability arising from payment from the estate of a claim for wages, salaries, or commissions. Sets forth limitations on the reconsideration of claims. Permits the court to offset a claim for tax liability with any counterclaim. Limits the amount of claims for wages, contributions to employee benefit plans, deposits, or taxes which is entitled to priority. Requires the debtor to file a schedule of equity interests along with the assets and liabilities. Removes the debtor's exemption of property interests held in joint tenancy. Permits the debtor to avoid a transfer or recover a setoff of property and exempt such property if such transfer is voidable or recoverable by the trustee, whether or not the trustee attempts to do so, subject to specified limitations. Removes the permissible discharge from debt, alimony or support which has been assigned to another entity. Prohibits a creditor from obtaining a setoff which was transferred for such a purpose. Prohibits the avoidance of certain transfers by the debtor. Permits the debtor to redeem property pursuant to an agreement based on a dischargeable debt. Requires the trustee to transfer commodity contracts that are being actively traded, if feasible. Prohibits paying a customer net equity claim based on a proprietary account unless all other such claims have been paid in full. Allows representation of more than one creditor of the same class by a committee. Permits holders of claims secured by property to elect that such claims are secured claims, whether or not the holders of such claims had recourse against the debtor. Gives the governmental unit concerned the burden of proof that the principal purpose of a plan is the avoidance of taxes. States that confirmation of a plan means automatic relief from a stay of claims to the extent such plan will not pay such claim. Requires the trustee to dispose of monies received in cases involving the debts of an individual with regular income. Authorizes the trustee to call a meeting of creditors in such cases. Requires the trustee to file periodic reports on the operations of businesses which the trustee is authorized to operate and to transmit any statement of investigation to any entity designated by the court. Subtitle J - Miscellaneous - Declares that if any provision of this Act or any amendment made by this Act, or the application thereof to any person or circumstance is held invalid, the provisions of every other part, and their application shall not be affected. Makes the amendments made by this Act effective three months after the date of enactment, but shall not apply to any case pending on the date of enactment of this Act.
United States · United States Congress · 3 February 1983
Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Prohibits imposing criminal liability for failing to maintain such an accounting system. Prohibits imposing civil injunctive relief with respect to: (1) an issuer who fails to maintain the required accounting system if the issuer tried in good faith to meet the requirements; or (2) any person other than an issuer in connection with an issuer's failure to comply with such requirements, unless such person knowingly caused the issuer to fail to comply. Prohibits anyone from knowingly circumventing such an accounting system for a purpose inconsistent with the accountability and accuracy goals of such system. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Securities and Exchange Commission to the Department of Justice jurisdiction to enforce the bribery prohibitions of the FCPA with respect to issuers. Revises the prohibition against domestic concerns using any means of interstate commerce to further payments to obtain business with a foreign official. States that such a payment made "directly or indirectly" to a foreign official is illegal. Prohibits such payments that are made to: (1) influence a foreign official's act or induce such an official to violate a legal duty; or (2) induce a foreign official to affect a foreign government's act. Prohibits domestic concerns from using interstate commerce to direct or authorize an agent to further such a payment to a foreign official. Exempts from such prohibitions: (1) payments to foreign officials to expedite or to secure the performance of routine governmental action; (2) payments to such officials that are lawful under the foreign country's laws; (3) payments which constitute tokens of regard or esteem; (4) expenditures associated with selling, purchasing, or demonstrating goods; or (5) ordinary expenditures associated with performing a contract with a foreign government. Revises the fines and criminal penalties for violations of such Act. Empowers the Attorney General to undertake all civil investigations necessary to enforce the Act. Prohibits prosecution of a domestic concern or specified agents of such concern for violating the Federal mail or wire fraud provisions by making a payment to a foreign official if the prosecution is based on the theory that the official, by receiving the payment, violated a duty to or defrauded the foreign government or the citizens of a foreign country. Authorizes the Attorney General to issue guidelines specifying: (1) permissible conduct associated with common types of export sales arrangements; and (2) precautionary procedures which would create a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquires concerning enforcement of such Act. Requires the Attorney General to issue opinions rearding compliance. Makes such opinions final and binding on all parties if the opinion states that the conduct does not involve a violation. Directs the Attorney General to protect the confidentiality of materials submitted in the review procedure. Requires annual reports to Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Expresses the sense of the Congress that the President should negotiate an international agreement on illicit payments, including a dispute resolution procedure. Directs the President to report to Congress on: (1) the progress of such negotiations; (2) the steps the United States could take if the negotiations fail to eliminate the competitive disadvantage of U.S. business; and (3) possible methods of promoting international cooperation to prevent bribery in third world countries. Requires the report to contain recommendations for new legislation and an analysis of the potential effect on U.S. interests of the corruption of foreign officials and political leaders.
United States · United States Congress · 3 February 1983
Unfair Foreign Competition Act of 1983 - Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends the antidumping provision to allow any person who is injured in her or his property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; and (2) such sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. (Currently, the cause of such an action is predicated on the intent of the importer to injur or prevent the establishment of U.S. industry or to monopolize trade.) Restricts the district court jurisdiction of such an action to the District of Columbia. Entitles a prevailing plaintiff in such an action to recover: (1) compensatory damages (currently, treble damages) or appropriate equitable relief; and (2) legal expenses. Declares that the standard of proof in such an action is a preponderance of the evidence. Places the burden of proof for rebutting a prima facie case on the defendant. Includes within the meaning of prima facie case a finding by the International Trade Commission (ITC) that dumping exists. Authorizes the district court to: (1) issue subpoenas outside its judicial district if necessary; (2) enjoin importation of articles allegedly dumped pending the defendant's compliance with any court order; (3) review, in camera, confidential or privileged material; (4) accept material under seal; and (5) disclose such material. Requires expedited treatment of such actions. Sets a four-year statute of limitations for actions under this Act. Requires the foreign market value or constructed value of an article to include the amount of any subsidy provided to the manufacturer, producer, or exporter of the article. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade.
United States · United States Congress · 3 February 1983
Office of Strategic Trade Act of 1983 - Declares the policy of the United States with respect to export controls on strategic goods and technology. Establishes an Office of Strategic Trade as an independent executive agency which shall be headed by a Director of Strategic Trade whom the President shall appoint with the advice and consent of the Senate. Requires the Director to act as chairman of the Interagency Advisory Committee for Export Policy. Establishes within the Office of the Director of the Office of Strategic Trade an Exporter Services Facility to act as liaison with the business community. Sets forth as the principal divisions of the Office of Strategic Trade the: (1) Operations Division; (2) Compliance Division; (3) CoCom Division, which shall carry out functions relating to the Coordinating Committee for Multilateral Export Controls (CoCom); (4) Licensing Division; and (5) General Counsel's office. Authorizes the Director to require any of the following types of export licenses: (1) a validated license, authorizing a specified export issued pursuant to application; (2) a qualified general license, authorizing multiple exports issued pursuant to application; (3) a general license, authorizing exports without application; and (4) such other licenses as may assist in the implementation of this Act. Requires the Director to establish a commodity control list of any goods or technology subject to export controls under this Act. Prohibits the imposition of export controls on goods or technology for foreign policy or national security reasons if the President determines that adequate evidence has been presented to show that: (1) comparable goods or technology are available from foreign sources without restriction in significant quantities; and (2) the absence of such controls would not be detrimental to the foreign policy or national security of the United States. Declares that no authority or permission to export may be required under this Act except to carry out the policies set forth in this Act. Authorizes the President to delegate the authority conferred on the President by this Act. Requires the Director to keep the public informed of changes in export control policy and procedures instituted in conformity with this Act. Authorizes the President, in order to carry out the national security export control policy, to impose export controls on any goods or technology subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction. Grants the Secretary of Defense the right to review any export application subject to national security controls. Requires the Director to publish in the Federal Register a notice of any revision with respect to any goods or technology, or with respect to the countries or destinations affected by national security export controls. Requires the Director to notify an applicant whenever the Director denies an export license for national security reasons. Requires the Director, in issuing regulations to carry out national security controls, to emphasize: (1) safeguards to prevent a country that poses a threat to U.S. security from diverting covered goods and technologies to military use; and (2) the need to prevent the reexport of such goods and technologies to countries that pose a threat to U.S. security. Declares that U.S. policy toward individual countries shall not be determined solely on the basis of a country's communist or noncommunist status. Sets forth other factors to be considered. Directs the President to review controls maintained cooperatively with other nations at least once every three years. Directs the President to review other controls annually. Requires the Director to establish and maintain a national security control list as a part of the commodity control list. Directs the Secretary of Defense and appropriate Federal agencies to identify goods and technology for inclusion on the national security control list. Requires the Director to issue regulations providing for review and revision of the national security control list. Makes the Secretary primarily responsible for including in the national security control list certain militarily critical technologies. Establishes a National Security Control Agency within the Office of the Under Secretary of Defense for Policy to assist in carrying out the national security export control policy responsibilities of the Secretary. Requires the Secretary to report annually to Congress on actions taken with respect to national security export controls. Expresses the intent of Congress to encourage the use of a qualified general license instead of a validated license. Authorizes the Director to require a qualified general license instead of a validated license for the export of goods or technology which are subject to national security controls except where: (1) the export of such goods or technology is restricted pursuant to a multilateral agreement which requires the approval of the parties to the agreement; or (2) the United States is seeking the agreement of other suppliers to apply comparable controls and a validated license is necessary in the Director's judgement until such agreement is reached. Requires the Director, in consultation with the Secretary and other appropriate agencies, to review the foreign availability to countries to which exports are controlled for national security purposes of any goods or technology the export of which requires a validated license. Prohibits the Director from requiring a validated license if the Director determines that sufficiently comparable goods or technology are available from foreign sources so that the requirement of a validated license does not achieve its intended purpose, unless the absence of export controls would prove detrimental to the national security. Requires the Director to approve any application for a validated license for the export of goods or technology to a country which meets the application requirements if the Director determines sufficiently comparable goods or technology are available from foreign sources. Requires a finding of foreign availability to be based on reliable evidence (uncorroborated representations by license applicants are not sufficient). Declares that a technology or good subject to national security export controls which is not possessed by a nation or combination of nations threatening to national security may not be deemed to be available from foreign sources until the Secretary of State verifies that negotiations with the foreign sources have been undertaken. Directs the President to negotiate with governments of countries possessing such technologies or goods to prevent them from becoming available to hostile countries. Requires the Director to establish within the Office a capability to monitor the foreign availability of goods or technology subject to export controls under this Act. Requires the National Security Control Agency and other Federal agencies responsible for export controls to share information concerning foreign availability of such goods and technology if specified conditions are met. Requires the Director to appoint technical advisory committees to advise and assist the Director, the Secretary, and other Federal agencies in carrying out the national security export control policy. Requires the Director to remove the requirement of a validated export license with respect to any goods or technology which a technical advisory committee certifies as being sufficiently available from foreign sources so that the requirement of a validated license does not achieve its purpose, unless the absence of export controls would prove detrimental to the national security. Directs the President to enter into negotiations with the governments participating in the group known as the Coordinating Committee to reach agreements: (1) to publish a list of items controlled for export by agreement of the Committee; (2) to hold periodic meetings to discuss export control policy issues; and (3) on more effective enforcement procedures. Requires U.S. nongovernmental entities, except certain schools, which enter into a commercial agreement with the government of a foreign country to which exports are restricted for national security purposes to report the agreement to the Director. Directs the Secretary of State to negotiate with other countries regarding their cooperation in restricting the export of goods and technology. Requires the Director to deny all further exports to any party or parties responsible for the diversion of U.S. exports to unauthorized uses, regardless of whether such goods or technology are available from sources outside the United States. Authorizes the Director to take other appropriate steps to deter further unauthorized use of the previously exported goods or technology. Requires the Director to take such action when there is reliable evidence that goods or technology which were exported subject to national security controls have been diverted to an unauthorized use or consignee in violation of an export license. Authorizes the President to impose export controls on any goods, technology, or other information subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction to the extent necessary to further U.S. foreign policy or to fulfill U.S. international obligations. Terminates such controls after one year, unless extended by the President. Requires the Director to notify an applicant whenever the Director denies an export license for foreign policy reasons. Authorizes the Secretary of State to review any export license application for foreign policy reasons. Sets forth factors the President shall consider when imposing, expanding, or extending export controls for foreign policy reasons. Requires the Director to consult with affected U.S. industries before imposing foreign policy export controls. Requires the President to determine that reasonable efforts have been made to achieve the purposes of the controls through alternative means before resorting to export controls. Directs the President to consult with Congress before imposing any foreign policy export controls. Requires the President to notify Congress whenever the President imposes, expands, or extends foreign policy export controls. Declares that this Act does not authorize export controls on medicine or medical supplies. Prohibits the imposition of export controls, on food if they would cause measurable malnutrition, unless the President determines that: (1) those controls are necessary to protect national security interests; or (2) arrangements are insufficient to ensure that food will reach those in need. Requires Congress to be notified of findings concerning proposed export controls on food. Expresses the intent of Congress that the President not impose export controls on goods or technology if the effect of such exports would be to help meet basic human needs. Requires the President to try to conclude negotiations with appropriate foreign governments to secure the cooperation of such governments in controlling exports to countries to which U.S. foreign policy export controls apply. Declares that certain provisions of this Act shall not apply if foreign policy export controls are imposed to meet international obligations. Requires the Director and Secretary of State to notify the appropriate congressional committees before approving export licenses for goods or technology valued at more than $7,000,000 to countries which: (1) have repeatedly supported international terrorism; and (2) would benefit militarily or would have an enhanced ability to support international terrorism. Authorizes the Director to approve exports of crime control and detection instruments only pursuant to a validated export control license. Exempts certain countries from such requirements. Requires the Director to establish and maintain a foreign policy export control list as part of the commodity control list. Requires the list to be reviewed once every three years with respect to controls maintained cooperatively with other countries and annually with respect to other controls. Authorizes the President to impose export controls on goods subject to U.S. jurisdiction or exported by persons subject to U.S. jurisdiction where necessary to protect the domestic economy from short supplies. Requires export licenses for goods in short supply to be allocated on the basis of factors other than prior history of exportation. Requires the Director to publish notice in the Federal Register of short supply export controls and to elicit comments on the impact of such restrictions and the method of licensing used to implement them. Authorizes the imposition of export license fees. Directs the Secretary of Commerce to monitor exports and export contracts of goods when the volume of exports in relation to domestic supply contributes or may contribute to an increase in domestic prices or a domestic shortage and such price increase or shortage has or may have a serious adverse effect on the economy. Requires the results of the monitoring to be reported on a regular basis. Requires the Director to consult with the Secretary of Energy on whether monitoring or export controls are warranted with respect to energy-related materials. Authorizes any entity representative of an industry or a substantial segment of an industry which processes recyclable metallic materials with respect to which short supplies may have a significant adverse effect on the national economy to petition the Director to monitor the exports and/or impose export controls on such materials. Sets forth the procedure for making such petition. Requires the Director, in consultation with the Secretary of Commerce, to decide whether to impose monitoring or controls on such materials within 45 days of the end of the public hearings on such petition. Authorizes the Director to determine that a petition filed with respect to the same materials within six months after consideration of a prior petition does not merit complete consideration. Authorizes the Director to impose temporary monitoring or controls on such materials pending the final decision on whether to impose such monitoring or controls. Prohibits, with specified exceptions, exports of domestically produced crude oil transported by pipeline over the right-of-way granted pursuant to the Trans-Alaska Pipeline Authorization Act, unless the President: (1) makes specified findings with respect to such exports, including that the exports protect the national interest; and (2) reports such findings to Congress and Congress adopts a concurrent resolution approving such exports. Authorizes the President to export oil to any country pursuant to a bilateral international oil supply agreement entered into before June 25, 1979, or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. Prohibits the export of refined petroleum products except pursuant to an export license. Requires the Director to notify Congress within five days of receiving an application for an export license for a refined petroleum product or residual fuel oil. Prohibits granting such a license earlier than 30 days after notifying Congress, unless the President certifies to Congress that the proposed export is vital to the national interest. Exempts from such prohibition certain exports to historical trading partners and exports of small amounts of refined petroleum products. Excludes from such export controls certain petroleum products refined from foreign crude oil in U.S. Foreign Trade Zones or in Guam unless the Director finds that such products are in short supply. Prohibits use of the authority to impose short supply export controls with respect to agricultural commodities without the approval of the Secretary of Agriculture. Prohibits the Secretary of Agriculture from approving such export controls if the supply of the commodity exceeds the requirements of the domestic economy except to the extent that the President determines that such exercise of authority is required to carry out national security policies or foreign policies. Authorizes, upon the approval of the Director in consultation with the Secretary of Agriculture, the storage in the United States of agricultural commodities purchased by or for use in a foreign country. Provides that such commodities shall be free from any export controls that may be imposed to carry out short supply export controls. Prohibits the Director from granting such approval unless specified conditions are met. Requires the President to report to Congress on any export controls imposed on agricultural commodities for foreign policy or short supply reasons. Terminates such controls if the Congress adopts, within 30 days, a concurrent resolution disapproving them. Authorizes the Director to exempt barter agreements from any export quotas imposed to carry out the policy on short supplies, if the Director makes certain findings. Requires a validated license for the export of unprocessed western red cedar logs harvested from State or Federal lands. Requires the Director to impose export quotas on unprocessed western red cedar logs during the three years beginning on the effective date of the Export Administration Act of 1979. Prohibits any exports of such logs at the end of the three year period. Requires the Director to allocate export licenses for such logs. Prohibits the export by sea of horses, unless the Director waives the prohibition after determining that the horses are not being exported for slaughter. Directs the President to issue regulations prohibiting any U.S. person from taking or knowingly agreeing to take certain actions with intent to comply with or support a foreign boycott against a country which is friendly to the United States and which is not the object of a U.S. boycott. Lists the actions to be prohibited by such regulations and exceptions to the prohibitions. Requires the regulations issued under the foreign policy export controls provisions to supplement other regulations issued by the President against supporting foreign boycotts. Requires such regulations to require U.S. persons who are asked to comply with a foreign boycott to report that fact, and any other necessary information, to the Director. Provides that these provisions preempt all other laws or regulations pertaining to foreign boycotts. Sets forth the procedures for obtaining hardship relief from export controls. Permits petitions to be filed with the Director by any person who has historically imported goods from the United States or who has historically exported such goods. Requires the Director to notify the petitioner of a grant or denial of such relief within 30 days of receipt of the petition. Sets forth factors to be considered in deciding whether to grant or deny such relief, including the effect of granting such relief upon the basic objectives of the short supply control program. Sets forth the procedures for processing export license applications. Requires all export license applications required under this Act to be submitted to the Director. Expresses the intent of Congress that, to the maximum extent possible, the Director shall make the determinations with respect to such applications without referring to other agencies. Requires such agencies to cooperate with the Director when the Director seeks their assistance. Requires the Director to complete initial screening of an application within ten days. Requires the Director to deny or grant a license within 90 days if there is no need to refer the application to another agency. Requires the Director to refer the application to other agencies, if necessary, within 30 days of submission. Requires the agency to review the application and submit its recommendation within 30 days of receiving it. Authorizes granting the agency an additional 30 days to review the application. Requires the Director to grant or deny a license within 90 days of receiving the recommendation of other agencies. Authorizes the Director to take more than 90 days if the application is of exceptional importance and complexity. Authorizes the Secretary of Defense, notwithstanding any other provisions of the law, to review proposed exports of goods or technology to any country to which exports are controlled for national security purposes. Authorizes the Secretary to recommend to the President that such exports be disapproved if they would militarily benefit such country to the detriment of the security of the United States. Requires the President to report to Congress whenever the President modifies or overrules a recommendation of the Secretary of Defense with respect to the export of goods controlled for national security purposes. Prohibits issuing an export license for an article subject to multilateral controls until after the multilateral review. Requires a license approved by the Director to be issued if the multilateral review is not completed within 60 days, unless the Director determines that the license would prove detrimental to U.S. national security. Requires the Director to notify Congress and the applicant of such determination, the reasons for it, the reasons the multilateral review was not concluded, and the actions planned to secure the conclusion of the multilateral review. Sets forth the procedures to be followed to appeal the denial of a license. Sets forth civil and criminal penalties for violations of this Act. Sets forth the powers of agencies to investigate possible violations of this Act. Provides for protecting the confidentiality of information submitted in compliance with this Act. Requires the Director to try to simplify regulations issued under this Act and the commodity control list. Exempts the functions exercised under this Act from certain provisions relating to administrative procedure and judicial review. Expresses the intent of the Congress that there be public participation in the formation of regulations issued under this Act. Requires the Director to submit an annual report to Congress on the administration of this Act. Sets forth information to be detailed in such report, including a report on the need to impose export controls other than those subject to multilateral controls or more stringent than the multilateral controls. Transfers to the Office of Strategic Trade the functions and authorities of the State Department's Office of East-West Trade with respect to the munitions list and such other functions and authorities as the Director, in consultation with the Director of the Office of Management and Budget, determine to be appropriate. Requires the President to coordinate the authority granted to the President under this Act with the authority provided for the control of arms exports under the Arms Export Control Act. Makes certain civil aircraft equipment which is to be exported to a country other than a controlled country subject to export controls exclusively under this Act. Requires export license applications which are ordinarily referred to the Subgroup on Nuclear Export Coordination or some other interagency group to be governed by the provisions relating to foreign boycotts only to the extent that the foreign boycott provisions are consistent with the procedure published pursuant to the Nuclear Non-Proliferation Act of 1978. Supersedes the Mutual Defense Assistance Control Act on October 1, 1979. Requires authorizing legislation before any appropriation can be made to the Commerce Department for expenses to carry out this Act. Authorizes appropriations to the Defense Department to carry out this Act for FY 1984 through 1987.
United States · United States Congress · 31 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries age 65 and over may earn without incurring a reduction in benefits.
United States · United States Congress · 31 January 1983
Authorizes the Senate Committee on Banking, Housing, and Urban Affairs, from March 1, 1983, through February 29, 1984, to: (1) make expenditures from the contingent fund; (2) employ personnel; (3) utilize department or agency personnel on a reimbursable basis; (4) procure consultant services; and (5) provide training for its professional staff.
United States · United States Congress · 27 January 1983
Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community, or for deportation or exclusion purposes. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated; or (5) upon motion that a serious risk of flight or obstruction of justice exists. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Directs the Attorney General to promulgate regulations governing custody of persons detained pending trial. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions.
United States · United States Congress · 27 January 1983
Interstate Compact - Grants congressional approval to the Northwest Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming in the management of low-level radioactive waste on a continuing basis.
United States · United States Congress · 27 January 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury, fear of injury or death results, or if a governmental or commercial recall occurs.
United States · United States Congress · 27 January 1983
Finality of Criminal Judgments Act - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 27 January 1983
Amends the Federal criminal code to establish penalties for engaging in conduct with the intent to execute a scheme or artifice to defraud or obtain property of another by false or fraudulent pretense, representation, or promise, where such scheme or artifice: (1) affects interstate commerce; and (2) involves obtaining insurance proceeds of $100,000 or more by arson.
United States · United States Congress · 27 January 1983
Comprehensive Mining Reclamation Reserve Act of 1983 - Amends the Internal Revenue Code to allow surface mine operators to establish a reserve for mining land reclamation costs and to deduct additions to such reserve.
United States · United States Congress · 27 January 1983
Amends the Federal criminal code to impose additional procedural requirements for the interception of communications where surreptitious entry is required. Requires the application for an order to state why other means of effecting the interception appear unlikely to succeed, or are too dangerous or impracticable. Requires the court to determine whether surreptitious entry reasonably appears to be required and, if so, to specifically authorize such entry. Allows the interception of communications without a court order in emergency situations involving immediate danger of death or serious injury to any person (current law limits it to conspiracies involving national security or organized crime). Directs an authorizing judge to report orders approving surreptitious entries to the Administrative Office of the U.S. Courts.
United States · United States Congress · 27 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a .U.S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U.S. citizen or national; (2) a permanent resident of the United States; or (3) a U.S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.
United States · United States Congress · 26 January 1983
Amends the copyright law to exclude from liability for infringement of copyright any individual who records copyrighted works on a video recorder if the recording is made for a private use and is not used in a commercial nature.
United States · United States Congress · 26 January 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code to permit the continued issuance of mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 26 January 1983
Product Liability Act - Preempts State product liability laws. States that this Act governs any civil action for harm caused by a product which would have been based on: (1) strict or absolute liability in tort; (2) negligence or gross negligence; (3) breach of express or implied warranty and; (4) failure to discharge a duty to warn or instruct. Makes a manufacturer liable if the claimant establishes by a preponderance of the evidence that a product was unreasonably dangerous: (1) in construction or design; (2) because the manufacturer failed to provide adequate warnings of danger; or (3) because the product did not conform to an express warranty. Specifies the requisite findings which must be made for such proof of unreasonable danger to be determined. Subjects a product seller to liability if the claimant proves by a preponderance of the evidence that the claimant's harm was proximately caused by such seller's failure to use reasonable care with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including misuse, alteration or modification of a product. Specifies the manner in which damages are to be apportioned. Requires that damages in any product liability claim be reduced by an amount paid as workers' compensation benefits. Precribes a statute of limitation for recovery. Allows punitive damages to be awarded if the claimant proves by clear and convincing evidence that the harm suffered was the result of the product manufacturer's or sellers's reckless disregard for the safety of product users, consumers, or others who might be harmed by the product. Provides that evidence of corrective measures taken by a product seller after a harm has occurred would not be admissible in court to prove liability.
United States · United States Congress · 26 January 1983
Amends the Alaska National Interest Lands Conservation Act to increase the acreage of the following preserves in Alaska (thereby easing restrictions on hunting on certain lands): (1) the Katmai National Preserve; (2) the Gates of the Arctic National Preserve; (3) the Noatak National Preserve; (4) the Lake Clark National Preserve; (5) the Wrangell-Saint Elias National Preserve; (6) the Denali National Preserve; (7) the Kenai Fjords National Preserve; (8) the Glacier Bay National Preserve; and (9) the Aniakchak National Preserve.
United States · United States Congress · 26 January 1983
Retirement Equity Act of 1983 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to lower the age limitation for participation in a qualified retirement plan from 25 to 21. Allows a limited amount of maternity or paternity leave to be taken by an individual without being treated as a break in service for purposes of computing creditable service towards retirement benefits. Requires spousal consent in order for a retirement plan participant to elect not to take a joint and survivor annuity. Requires that such consent must be in writing and must be witnessed by either a plan representative or a notary public. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment, decree or order relating to child support, alimony payments, or marital property rights pursuant to a State's domestic relations law. Requires the continuation of benefits to a surviving former spouse in cases where payments of joint and survivor benefits began prior to a divorce. Sets forth requirements relating to the method of distribution of divorce distributions. Sets forth rules for the tax treatment of divorce distributions. Increases the allowable mandatory distributions from a retirement plan from $1,750 to $3,500. Requires that a plan participant must be notified that benefits may be forfeitable if the participant dies before a certain date.
United States · United States Congress · 26 January 1983
Amends the Tax Reform Act of 1976 to extend for two years, until 1985, the allowance of the deduction for eliminating architectural and transportation barriers to the handicapped and elderly.
United States · United States Congress · 26 January 1983
Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Adopts the current notice provisions for a defense of insanity for the new plea of guilty but insane. Provides for determination of a defendant's mental competency to stand trial. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release, who are found to suffer from mental disease or defect.
United States · United States Congress · 26 January 1983
Enterprise Zone Employment and Development Tax 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 25 nominated areas per year (one-third of which must be in rural areas). Limits the period during 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 2,500 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 streamling 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 January 1, 1987 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. 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: Credit for Employers - 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. 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: Deduction for Enterprise Stock - Allows a tax deduction up to a maximum of $100,000 per year for the purchase of stock originally issued by an enterprise zone small business having a net worth of less than $2,000,000. Taxes as ordinary income any amount previously taken as a deduction upon sale or disposition of such stock. Provides tax penalties if such stock is sold within three years. Subtitle F: 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), to include governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by 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 continuation of 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. 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 · 26 January 1983
Budget Procedures Improvement Act of 1983 - Declares that the purpose of this Act is to establish a more thorough and timely process for the adoption of the Federal budget. Amends the Congressional Budget Act of 1974 to revise the timetable with respect to the congressional budget process to provide for a two-year budget cycle, beginning with the Ninety-ninth Congress. Defines the term 'two- fiscal-year budget period' to be the period of two consecutive fiscal years beginning on October 1 of any even-numbered year. Requires the Director of the Congressional Budget Office, on or before April 15 of each odd-numbered year, to transmit to the Committees on the Budget of the House and of the Senate a fiscal policy report for each fiscal year in the succeeding two-fiscal-year budget period. Requires the Director, on March 31 of each even-numbered year, to transmit to such Committees any revisions necessary thanks to changing economic conditions or to any revisions in the President's budget. Requires Congress to complete action on the first concurrent resolution on the budget by July 31 of each odd-numbered year. Makes it out of order in either the Senate or the House to consider any first concurrent resolution on the budget which: (1) directs any committee to determine and recommend changes in bills, laws, or resolutions; or (2) includes any matter with respect to any subject other than budget outlays or authority, budget surplus or deficit, revenues, or the level of the public debt. Declares similarly out of order consideration of any revision to the first budget resolution before adoption of the second concurrent resolution on the budget for a two-fiscal-year budget period. Requires all bills and resolutions providing budget authority or spending authority for any two-fiscal-year budget period to be reported: (1) to the House no later than March 31 of the year in which such period begins; and (2) to the Senate no later than April 15 of the year in which such period begins. Prohibits bills and resolutions providing new budget or spending authority for any two-fiscal-year budget period from being enrolled until the concurrent resolution on the budget has been agreed to, and if a reconciliation bill or resolution, or both, are required to be reported for such period, until Congress has completed action on such legislation. Makes it out of order in the Senate or the House to consider any budget resolution if it directs any committee to determine and recommend changes in laws, bills, or resolutions directly or indirectly authorizing the enactment of new budget authority. Requires Congress to complete action on all bills and resolutions directly or indirectly authorizing the enactment of new budget authority for a two-fiscal-year budget period not later than December 1 of the year preceding the year in which such period begins. Requires the up to date tabulation of congressional budget actions by the Congressional Budget Office to compare the gross obligations for direct loans and loan guarantees for such fiscal years on which Congress has completed action to the gross obligations set forth in the most recently agreed to budget resolution. Limits the enrollment of bills and resolutions providing new budget or new spending authority for any two-fiscal-year budget period until the concurrent resolution for such two- fiscal-year period has been agreed to. Makes it out of order in either House to consider any bill or resolution which provides, extends, or enlarges authority to incur obligations for direct loans or loan guarantees unless that bill or resolution also provides that such authority is to be effective for any fiscal year only to the extent provided in appropriation Acts. Sets forth the information to be included in the budget of the United States Government submitted pursuant to the Budget and Accounting Act, 1921 for the two-fiscal-year budget period beginning on October 1, 1984. Amends the Budget and Accounting Act, 1921 to require the President to transmit to the Congress, by January 15 of each odd-numbered year, beginning with 1985, the budget for the two-fiscal-year budget period beginning on October 1 of the succeeding calendar year. Requires that all essential facts regarding direct loans and loan guarantees be included within such report. Requires the President to transmit revisions in the budget by January 15 of each even-numbered year. Sets forth the title and style of all appropriation Acts. Amends the Legislative Reorganization Act of 1946 to require each standing committee of the Senate and the House (except specified committees), during the period beginning on January 15th of each odd-numbered year and ending October 1 of the following year, to review and study: (1) the application, administration, execution, and effectiveness of those laws the subject matter of which is within the jurisdiction of such committee; and (2) the organization and operation of the Federal agencies and entities having responsibilities in or for the administration and execution thereof. Requires the findings to be reported to the House or the Senate no later than October 1 of such even-numbered year, and shall constitute the basis for such committee's legislative work during the succeeding Congress. Amends the Rules of the House and of the Senate to conform to this Act. Sets forth the effective dates for the provisions of this Act. Requires the President to submit a budget for FY 1986 to Congress, and Congress to act on it, according to current law.
United States · United States Congress · 26 January 1983
Amends the Internal Revenue Code to increase the maximum tax deduction allowed for amounts contributed to retirement savings plans by a married couple where one spouse has no earned income from $2,250 to $4,000. Increases the maximum deduction allowed for certain divorced individuals from $1,125 to $2,000.
United States · United States Congress · 26 January 1983
Capital Gains Tax Act of 1983 - Amends the Internal Revenue Code to decrease the holding period for capital gains tax treatment from one year to six months.
United States · United States Congress · 26 January 1983
Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals and lodging) of such taxpayer or the taxpayer's child at an institution of higher education or a vocational school. Limits the amount of such deduction to $750 (adjusted for inflation) for each account per year, up to a maximum of $3,000 for all accounts that are established. Specifies that no account may have more than one beneficiary and that no individual may be a beneficiary of more than one account. Permits the deferral of income tax on income accumulated in such educational savings accounts as long as such amounts are used exclusively for educational expenses. Specifies penalties for the use of account funds for other than educational purposes. Excludes from the gross income of account beneficiaries any distributions from the account made on their behalf which are used for educational expenses.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Establishes a Commission to fix the annual rate of pay for Members of Congress on July 1 of each even-numbered year to take effect on the 3rd of January of the next calendar year.
![Official portrait of Sen. Garn, E. J. (Jake) [R-UT]](https://www.congress.gov/img/member/g000072_200.jpg)