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United States · Official source
1,588 records where Rep. Badham, Robert E. [R-CA-40] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 18 May 1983
Amends the Clean Air Act to provide for extensions of the dates required for States' attainment of national ambient air quality standards.
United States · United States Congress · 18 May 1983
Amends the Clean Air Act to establish a three-year moratorium on the imposition of specified sanctions in nonattainment areas. Prohibits, during such period, the Administrator of the Environmental Protection Agency from taking the following actions pursuant to specified provisions of such Act: (1) prohibiting construction or modification of any major stationary source; (2) disapproving any project, or refusing to award any grant under such Act; and (3) withholding, conditioning, or restricting any grant for construction of any sewage treatment works. Prohibits, during such period, any person from bringing any action under specified provisions of such Act against: (1) the Administrator for failure to impose such sanctions; and (2) any person alleged to be constructing or proposing to construct any new or modified major emitting facility without a permit under plan requirements for nonattainment areas.
United States · United States Congress · 18 May 1983
Amends the Clean Air Act to provide for extensions of the dates required for States' attainment of national ambient air quality standards.
United States · United States Congress · 17 May 1983
Amends the Federal Election Campaign Act (FECA) to declare that contributions, gifts, or payments by union members to a separate fund which is used by the union for political purposes must be voluntary and unrelated to moneys required as a condition of employment. Declares it to be unlawful to use moneys paid to an organization as a condition of employment for any type of election or campaign activities by such organization.
United States · United States Congress · 17 May 1983
Authorizes and requests the President to designate May 8 to June 19, 1983, as Family Reunion Month.
United States · United States Congress · 12 May 1983
Permits the Secretary of Defense to provide air transportation to annual national meetings within the continental United States sponsored by the National League of Families of American Prisoners and Missing in Southeast Asia to the next of kin of persons missing in action in Southeast Asia during the Vietnam era, or reported dead without repatriation of the remains.
United States · United States Congress · 12 May 1983
Proclaims September 3, 1983, a day of national celebration of the 200th anniversary of the signing of the Treaty of Paris.
United States · United States Congress · 11 May 1983
Church Audit Procedures Act of 1983 - Amends the Internal Revenue Code to restrict the Secretary of the Treasury from investigating or auditing churches unless the Secretary possesses evidence causing him to believe that a church: (1) is carrying on an unrelated trade or business; or (2) should not be granted tax-exempt status. Restricts the Secretary from beginning any investigation unless he has first provided the church with written notice that an investigation is being commenced. Sets forth the requirements of such notice. Requires that the Secretary must first approve an application by the regional counsel of the internal revenue region for examination of church records and religious activities before beginning any such examination. Requires the Secretary, prior to the approval of any such application, to offer in writing an opportunity for a conference to discuss facts, evidence, and issues relevant to the investigation. Requires the Secretary to notify the church in writing of the approval of the application for examination at least 15 days prior to the commencement of such examination. Limits the examination of religious activities to that necessary to determine whether an organization is a church or convention or association of churches. Limits the examination of church records to that necessary to determine the amount of tax imposed. Allows an organization which claims that the Secretary has violated the provisions of this Act to bring a civil action for injunctive relief against the Secretary. Reduces the statute of limitations for collection after assessment of tax to three years in the case of any organization which is a church or convention or association of churches.
United States · United States Congress · 11 May 1983
Designates the week beginning September 4, 1983, as Youth of America Week.
United States · United States Congress · 5 May 1983
Amends the Controlled Substances Act to make it a Federal offense for any person to knowingly or intentionally obtain possession of a controlled substance from a distributor, manufacturer or practitioner by robbery, theft or extortion. Provides for a prison term of up to 20 years and a fine of up to $10,000, if a dangerous weapon is used, or if death results, a prison term of up to 40 years and a fine of up to $20,000.
United States · United States Congress · 3 May 1983
Designates August 3, 1983, as National Paralyzed Veterans Recognition Day.
United States · United States Congress · 2 May 1983
Repurchase Agreements Bankruptcy Amendments of 1983 - Amends the Bankruptcy Code to define 'repo participant' to mean an entity that, on any day during the period beginning 90 days before the date of the filing of the bankruptcy petition, has an outstanding repurchase agreement with the debtor. Defines 'repurchase agreement' to mean any agreement which provides for the transfer of certificates of deposit, eligible bankers' acceptances or securities that are direct obligations or loan guarantees of the United States against the transfer of funds with a simultaneous agreement by the transferee to return such certificates of deposit, eligible bankers' acceptances, or securities to the transferor no more than one year later, or on demand, in exchange for funds. States that the filing of a bankruptcy petition does not automatically stay the setoff by a repo participant of any mutual debt and claim against the debtor for a margin or a settlement payment arising out of a repurchase agreement. Prohibits the trustee from avoiding a transfer that is a margin or a settlement payment made before commencement of the case by or to a repo participant in connection with a repurchase agreement. Provides that all margin or settlement payments made in connection with a repurchase agreement are taken for value to their full extent. Sets forth provisions concerning the exercise of a contractual right of a repo participant to cause the liquidation of a repurchase agreement.
United States · United States Congress · 28 April 1983
National Outdoor Recreation Resources Review Act of 1983 - Establishes a National Outdoor Recreation Resources Review Commission to evaluate existing and potential public outdoor recreation policies, programs, and opportunities and to recommend outdoor recreation policies and activities which should be instituted at the Federal, State, and local levels and by the private sector in order to protect existing recreation resources and to meet future recreation needs. Requires the Commission to report its findings and recommendations to the President and Congress within 18 months after its establishment. Terminates the Commission six months after submission of its report. Authorizes appropriations.
United States · United States Congress · 28 April 1983
Amends the Internal Revenue Code to exclude from taxation up to $750 ($1,500 for joint returns) of interest income. Repeals provisions of the Economic Recovery Tax Act of 1981 relating to the partial exclusion of interest income.
United States · United States Congress · 28 April 1983
Amends the Internal Revenue Code to provide for a business expense income tax deduction for additions to a reserve established for the cost incurred by a regulated public utility in decommissioning (retiring) a nuclear powerplant. Limits the deduction to the amount which the regulatory body having ratemaking jurisdiction over the utility permits as addition to a reserve and which is included in its cost of service for ratemaking purposes.
United States · United States Congress · 27 April 1983
Amends the Colorado River Basin Salinity Control Act to declare that actions concerning water and related land resources projects upstream from the Imperial Dam shall not be governed by specified provisions of the Water Resources Planning Act. Directs the Secretary of the Interior to give preference to those salinity control units that reduce the salinity of the Colorado River at the least cost per unit of salinity reduction. Deletes certain provisions of the Colorado River Basin Salinity Control Act concerning agreements with the Secretary of Agriculture for the Grand Valley unit. Authorizes the Secretary of the Interior to construct and maintain the following salinity control units according to specified directions: (1) the Stage I of the Lower Gunnison Basin unit, Colorado; (2) the McElmo Creek unit, Colorado; (3) the Stage I of the Uinta Basin unit, Utah; (4) the Palo Verde Irrigation District, California; (5) the saline water use and disposal opportunities unit, Colorado River Basin; and (6) the Sinbad Valley unit, Colorado. Requires the Secretary to carry out specified directions in implementing the construction of such units. Directs the Secretary of Agriculture to establish a voluntary cooperative program with private landowners to improve on-farm water management and reduce watershed erosion on non-Federal and Department of Agriculture lands. Directs the Secretary to issue reports to certain congressional committees and to certain others. Prohibits the expenditure of funds for measures implementing such program until the lapse of 60 days following submission of such reports or if any of the congressional committees or the others disapprove it. Authorizes appropriations through FY 1989. Prohibits the Secretary of Agriculture from assuming continuing operation and maintenance obligations for permanent salinity control measures constructed on non-Federal lands. Requires the Secretaries of Interior and Agriculture in implementing the construction of such sanity control units and such voluntary cooperative program to comply with State water laws. Directs the Secretary of the Interior to develop a program for minimizing salt contributions to the Colorado River from lands administered by the Bureau of Land Management.
United States · United States Congress · 27 April 1983
Delays until 1985 the effective date of provisions of Revenue Ruling 83-3 which deny tax deductions for expenses paid on a minister's personal residence which are attributable to tax-exempt income.
United States · United States Congress · 27 April 1983
Urges the Secretary of the Treasury, the Secretary of Agriculture, and the Attorney General to: (1) ensure that their respective agencies place as much emphasis on duties relating to the facilitation of international air commerce as is given to law enforcement duties at U.S. gateway and preclearance airports; and (2) develop jointly and implement, before the beginning of the 1984 Summer Olympics, a national plan to consolidate such functions of the agencies.
United States · United States Congress · 26 April 1983
Equal Access Act - Prohibits public schools that allow students to participate in extracurricular activities from receiving Federal funds if they deny equal access or opportunity for students and faculty to engage in voluntary prayer or religious discussion on school premises during noninstructional periods.
United States · United States Congress · 26 April 1983
Prohibits the Secretary of the Interior, until January 1, 1994, from licensing or permitting any activity or approving any exploration or development plan which affect areas where there is drilling for oil or gas and which are located in the Pacific Ocean off the coastline of California.
United States · United States Congress · 21 April 1983
Amends the Bankruptcy Code to provide that educational loans which are not dischargeable in bankruptcy liquidation shall not be dischargeable in an adjustment of debts in a bankruptcy of an individual with regular income.
United States · United States Congress · 21 April 1983
Expresses the sense of the Congress that the income tax reductions scheduled for July 1, 1983, and the inflation adjustment of the income tax brackets scheduled for after 1984, should not be repealed or postponed.
United States · United States Congress · 20 April 1983
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 19 April 1983
Amends the Internal Revenue Code to exclude from the definition of "compensation" jury service fees received by a spouse, for purposes of the retirement savings deduction for individuals with nonworking spouses.
United States · United States Congress · 18 April 1983
Prohibits the Secretary of the Interior, until January 1, 1994, from licensing or permitting any activity or approving any exploration or development plan which affect areas where there is drilling for oil or gas and which are located in the Pacific Ocean off the coastline of California.
United States · United States Congress · 14 April 1983
Amends the Internal Revenue Code to repeal provisions which terminate the income tax exclusion for amounts received by an employee under an educational assistance program.
United States · United States Congress · 14 April 1983
Expresses the sense of the Congress that the President should take steps to: (1) issue a proclamation commemorating the Ukrainian famine of 1933; (2) issue a warning that the continued enslavement of the Ukrainian nation is a threat to world peace; and (3) convey to the Soviet people U.S. sentiments for the recovery of Ukrainian freedom and independence.
United States · United States Congress · 13 April 1983
Amends the Immigration and Nationality Act to permit the Attorney General to accept donated horses for border patrol use.
United States · United States Congress · 13 April 1983
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial. Authorizes appropriations for site acquisition and preparation in the event nonpublic land is selected for the memorial.
United States · United States Congress · 12 April 1983
Amends the Internal Revenue Code to provide that a taxpayer whose spouse earns less than $250 of compensation shall not be disqualified from having a spousal individual retirement account.
United States · United States Congress · 12 April 1983
Designates the week beginning May 1, 1983, as National Children's Liver Disease Awareness Week.
United States · United States Congress · 7 April 1983
Amends the Internal Revenue Code to deny unemployment benefits to teachers during summer vacations or other periods between academic years or terms.
United States · United States Congress · 24 March 1983
Broadcast Licensing, Renewal, and Deregulation Act of 1983 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidences such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer of the permit or license involved to a different person. Repeals certain provisions relating to the application of the antitrust laws. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) programs; (2) programming formats; (3) ascertainment; (4) commercialization; and (5) maintenance of program logs.
United States · United States Congress · 24 March 1983
Designates the month of September as National Sewing Month.
United States · United States Congress · 24 March 1983
Expresses the sense of the Congress that the President should express U.S. opposition to the Soviet Union's policies of forced labor. Declares that the Soviet Union should cease such practices and honor their international commitments.
United States · United States Congress · 24 March 1983
Declares that the Congress: (1) supports the President's call for a more humane and ethical strategic policy for the United States; (2) supports the President's efforts to develop strategic defensive systems to reduce dependence on the threat of nuclear retaliation; (3) commends the President for his initiative to develop new arms-control policies; and (4) supports the President's call for a technological and scientific effort to develop the means of rendering nuclear weapons impotent and obsolete.
United States · United States Congress · 23 March 1983
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage, when such beverage has substantial competition from other malt beverages in an area, from: (1) entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State; or (2) limiting such distributor to the sale of such beverage for ultimate resale to consumers in such area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 23 March 1983
Designates the week beginning June 12, 1983, as National Free Enterprise Week.
United States · United States Congress · 22 March 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 · 22 March 1983
Prohibits the Federal Communications Commission from repealing, amending, or otherwise modifying specified rules regarding network television syndication, network television financial interests, and prime time access before July 1, 1988.
United States · United States Congress · 22 March 1983
United States - Mexico Good Neighbor Employment Act of 1983 - Amends the Immigration and Nationality Act to direct the Attorney General to establish a program for the nonimmigrant admission of Mexican nationals as temporary workers in the United States. Provides that: (1) the Attorney General shall establish annual and monthly quotas for temporary worker visas based on the chronological order of application; (2) such temporary services or labor shall not exceed 180 days per year; (3) such visas shall not limit the geographic area or employment within which an alien may work unless specific restrictions are requested by the Secretary of Labor in order to protect domestic workers; (4) an alien who violates the 180-day visa limitation or any imposed geographic restriction shall be ineligible for another temporary visa for five years; and (5) an alien who enters the United States illegally shall be ineligible for obtaining a temporary work visa for ten years. Excludes such temporary Mexican workers from the definition of "immigrant" for purposes of the Immigration and Nationality Act. Includes such workers within the category of aliens whose nonimmigrant status may not be adjusted to that of an immigrant. Prohibits the Attorney General from consenting to the reapplication for admission of any such workers whose 180-day limitation has been exhausted. Authorizes the Secretary of State to establish and expand U.S. consulates in Mexico in order to implement such temporary worker program. Directs the Secretary of Labor to make the nature of such program known to Mexican nationals residing in the United States. Requires the Attorney General to report semiannually to Congress regarding the temporary worker visa program. Expresses the sense of the Congress that the President should establish with Mexico an advisory commission to advise the Attorney General with regard to such temporary worker program.
United States · United States Congress · 22 March 1983
Amends the Federal criminal code to establish procedures for the imposition of the death penalty for Presidential assassination. 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. Provides that no presentence report shall be prepared in such cases. 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. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Establishes procedures for appeal from the death sentence.
United States · United States Congress · 22 March 1983
Declares that the House of Representatives deplores the denial of the rights of Hungarians and people of other nationalities in Transylvania by the Romanian Government. Requests the President and the Secretary of State to discuss the human rights of the Hungarians in Transylvania with the Government of Romania.
United States · United States Congress · 16 March 1983
Comprehensive Crime Control Act of 1983 - Title 1: Bail - 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 detention for up to ten days: (1) if 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 (2) if such person is not a U.S. citizen. 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) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. 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. 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. 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. Title II: Sentencing Reform - 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. 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. 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 E), 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 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. 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. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office. Title III: Limitation of the Exclusionary Rule - Exclusionary Rule Limitation Act of 1982. Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in a reasonable good faith belief in its conformity with the Fourth Amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of good faith, absent intentional and material misrepresentation. Title IV: Forfeiture - Comprehensive Criminal Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents. Title V: Offenders with Mental Disease or Defect - Insanity Defense Reform Act of 1983 - Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution, that at the time of the commission of the acts constituting the offense, the defendant, as a result of mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title VI: Reform of Federal Intervention in State Proceedings - Reform of Federal Intervention in State Proceedings Act of 1983 - Conditions consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the Federal right violated and a showing that: (1) State action precluded assertion of the 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 limitation for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal or 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. Title VII: Drug Enforcement Amendments - Controlled Substances Penalties Amendments Act of 1983 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Amends the Controlled Substances Act to allow the Attorney General to place an uncontrolled substance under temporary controls which provide for registration, recordkeeping and criminal penalties. Provides for administrative charges in the registration of practitioners. Title VIII: Justice Assistance - Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate the Law Enforcement Assistance Administration, including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance (OJA), to be headed by an Assistant Attorney General. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance. Establishes a Justice Assistance Board to: (1) advise and make recommendations to the Assistant Attorney General on research, statistics and program priorities; (2) review and evaluate demonstration programs; and (3) undertake additional tasks the board deems necessary. Authorizes grants to States for programs that address critical problems of violent and serious crime and for programs which have been certified successful. Enumerates 12 criteria for the awarding of these grants. Limits the Federal share of the grant programs to a period of three years and includes a cash match requirement. Eliminates the current national priority grant programs. Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; and (3) national demonstration programs which are likely to be successful but unlikely to be funded. Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Authorizes appropriations for law enforcement assistance for each of FY 1984 through 1987. Title IX: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title X: Reinstitution of Capital Punishment - Establishes procedures for imposition of the death penalty in certain homicide, treason and espionage cases. Title XI: Labor Racketeering Amendments - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 fines and/or five years' imprisonment. Adds intent to benefit a person not permitted to receive payments, loans, or delivery of money or other thing of value to a labor organization in payment of membership dues, to a joint labor-management trust fund, or to a plant, area, or industry-wide labor-management committee as an element of violations involving those transactions. Grants civil jurisdiction to U.S. district courts over suits brought by: (1) the United States alleging a violation involving those transactions; or (2) any person directly affected by violations by restrictions on financial transactions under such Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise prohibitions against persons guilty of criminal offenses holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases, from five years to ten years, the time during which a convicted individual is prohibited from holding such offices or positions, but permits a lesser period to be set by the sentencing court under specified circumstances. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Raises, from one year to five years, the maximum time of imprisonment for violations of such prohibitions. Provides that any salary payable but for such prohibitions shall be placed in escrow pending final disposition of any appeal. Title XII: Currency and Foreign Transactions Reporting Act Amendments - Increases penalties for currency violations and authorizes payments of rewards for information leading to the recovery of a criminal fine, civil penalty or forfeiture. Allows U.S. Customs agents to conduct border searches relating to currency offenses. Title XIII: Federal Tort Claims Act Amendments - Amends the Federal Tort Claims Act to make the United States rather than the individual Federal employee civilly liable for common law and constitutional torts involving injury to property or persons. Title XIV: Miscellaneous Violent Crime Amendments - Provides Federal jurisdiction over murder-for-hire and crimes in aid of racketeering activity. Makes it a Federal offense to solicit an individual to commit a crime of violence. Revises the felony-murder rule. Provides minimum mandatory sentences for the use of firearms during a Federal crime of violence. Allows an additional mandatory sentence for the use of armor piercing bullets in the course of Federal crimes. Makes it a Federal offense to kidnap or assault Federal officers or employees, in the performance of their duties or to commit a crime against any family member of Federal officials. Amends the Major Crimes Act to include the crimes of mamming and sodomy. Includes trucks in the definition of "motor vehicle" for purposes of the prohibition against destruction of motor vehicles. Makes it a Federal offense to knowingly and willfully damage the property of an energy facility. Provides for criminal penalties for any individual who escapes from civil commitment. Makes changes in the procedure governing interstate rendition and extradition of foreign criminals found in the United States. Title XV: Serious Nonviolent Offenses - Amends the Federal criminal code to make it a Federal offense to cause injury or death to any person by adulterating a food, drug, cosmetic or other product. Establishes separate offenses for any person who conveys false information concerning an attempt at such adulteration. Amends the Sexual Exploitation of Children Act of 1977 to prohibit the transfer of any materials involving the sexual exploitation of minors, even if they are found not to be obscene. Makes it a Federal offense for any person to give warning of an impending execution of a search warrant. Establishes a Federal offense regarding fraud or bribery in programs receiving Federal funds. Makes it a Federal crime to counterfeit or forge state or corporate securities. Revises provisions relating to receipt of stolen bank property, bribery and fraud. Provides penalties for any inmate in a Federal penal or correctional institution who possesses any contraband article. Title XVI: Procedural Amendments - Makes certain procedural amendments which allow certain juveniles to be prosecuted as adults. Amends the Omnibus Crime Control and Safe Streets Act to provide for emergency interception of wire or oral communications before an order authorizing such interception can be obtained. Modifies the venue statutes for threat offenses, and certain tax offenses. Authorizes the Attorney General to initiate a civil proceeding in a district court to enjoin a violation of the mail fraud statutes. Authorizes a government appeal after any decision, judgment or order in a district court granting a new trial. Amends the provisions dealing with witness relocation and protection.
United States · United States Congress · 16 March 1983
Designates June 14, 1983, as Baltic Freedom Day.
United States · United States Congress · 15 March 1983
District Heating and Cooling Tax Incentives Act of 1983 - Amends the Internal Revenue Code to allow an investment tax credit for district heating and cooling property. Allows an additional 20 percent energy credit for such property. Defines "district heating or cooling property" as any equipment or other property used as an integral part of a district heating or cooling system. Exempts district heating or cooling property which is transferred to a governmental unit or tax-exempt organization from the recapture rules relating to prohibited dispositions of investment tax credit property. Treats district heating or cooling property as depreciable personal property for purposes of tax rules relating to the recapture of excess depreciation. Exempts from classification as ten or 15 year public utility property, for purposes of accelerated depreciation under the accelerated cost recovery system, district heating or cooling property.
United States · United States Congress · 15 March 1983
Expresses the sense of the Congress that provisions of the Internal Revenue Code requiring cost-of-living adjustments for income tax rates should not be repealed and that the effective date of such provisions should not be postponed.
United States · United States Congress · 14 March 1983
Amends the Internal Revenue Code to grant tax-exempt status to a physicians' and surgeons' mutual protection association established to provide malpractice insurance to its members. Characterizes payment for malpractice insurance made to such an association by its physician or surgeon members as a deductible business expense.
United States · United States Congress · 11 March 1983
Amends the Federal Mine Safety and Health Amendments Act of 1977 to provide that provisions of such Act shall not apply to: (1) any surface sand, gravel, stone, or clay mine; or (2) any surface structure or road, if constructed by employees not engaged in mining.
United States · United States Congress · 11 March 1983
Individual Housing Account Act - Amends the Internal Revenue Code to allow an income tax deduction for cash contributions to a trust account established for the exclusive purpose of purchasing the taxpayer's first principal residence. Limits the maximum annual deduction to $5,000, with a maximum lifetime deduction of $20,000. Excludes distributions from such account from gross income if they are used exclusively for the purchase of a first principal residence. Imposes a ten percent surtax on distributions from an individual housing account which are not used for the purchase of a principal residence. Requires the trustee of an individual housing account to report on the maintenance of the account. Imposes a penalty for failure to file required reports.