United States · United States Congress · 15 June 1983
Amends the Federal criminal code dealing with the sexual exploitation of children. Prohibits the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene" and is transferred without sale. Increases the criminal fines for violation of this section by individuals from $10,000 to $75,000 (from $15,000 to $150,000 for a second or subsequent offense). Sets a fine of $250,000 for organizations. Provides for both criminal and civil forfeiture. Requires the Attorney General to report annually to Congress on the number of cases and convictions, and the dollar amount received in forfeiture, under this section.
United States · United States Congress · 8 June 1983
Bankruptcy Court and Federal Judgeship Act of 1983 - Title I: Bankruptcy Jurisdiction, and Procedure - Confers upon the district courts original and exclusive jurisdiction of all cases under title 11 (the bankruptcy code). Confers original, but not exclusive, jurisdiction upon the district courts of all civil proceedings arising under title 11 or arising in or related to cases under title 11. Authorizes district courts to refer all cases and civil proceedings arising under title 11 to the bankruptcy court for the district. Confers upon such bankruptcy court all jurisdiction granted the district courts for title 11 actions and proceedings. Authorizes district courts to withdraw certain actions previously referred to bankruptcy courts. Allows district courts to abstain from hearing a particular proceeding under title 11, and precludes appeals from such decisions. Requires the district courts to abstain, upon proper motion, from adjudicating claims based upon State law where such claims will be timely instituted in an appropriate State forum. Authorizes district courts to exercise jurisdiction over all the debtor's property, wherever located, and over the bankruptcy estate. Sets venue guidelines for: (1) cases and proceedings under title 11; (2) cases to enjoin actions in a State or Federal court; and (3) actions to enjoin liens against property in such courts. Delineates procedures for removal of bankruptcy cases by a party. Authorizes courts to remand cases which have been so removed, and precludes any appeal of a remand decision. Designates bankruptcy courts for each judicial district. States that such courts shall constitute a department of the district court and be comprised of bankruptcy judges in regular active service. Requires the United States court of appeals for a circuit to appoint the bankruptcy judges for each judicial district within such circuit. Sets forth provisions for: (1) official duty stations of bankruptcy judges; (2) removal procedures of such judges; (3) salaries ; (4) outside employment; (5) division of business; (6) appointment of chief bankruptcy judgeships; (7) temporary transfers of bankruptcy judges; and (8) court personnel. Requires district courts to withdraw specified actions previously referred to the bankruptcy courts. Authorizes district courts to refer certain cases or proceedings to: (1) a bankruptcy court to serve as special master; (2) a United States magistrate; or (3) a bankruptcy judge who shall exercise all the powers of a United States magistrate. Confers jurisdiction upon the district courts to hear appeals from bankruptcy court judgments and establishes appellate procedure. Sets standards for bankruptcy judge salaries and terms of office. Title II: Omnibus Judgeship - Enumerates additional permanent circuit and district judgeships for the States. Establishes retirement guidelines for judges holding office during good behavior. Outlines retirement and resignation criteria for judges, including retirement pay and salary upon resignation. Title III: Conforming Amendments - Makes technical and conforming amendments. Provides for annuities for certain bankruptcy judges. Provides criteria for filling vacant bankruptcy judgeships.
United States · United States Congress · 8 June 1983
Requests the President to issue a proclamation commemorating the fortieth anniversary of the establishment of the George Washington Carver National Monument in Diamond, Missouri.
United States · United States Congress · 2 June 1983
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise State trigger provisions by reducing the State insured unemployment rate required to trigger the extended unemployment compensation program from five percent to four percent.
United States · United States Congress · 2 June 1983
Amends the Federal-State Extended Unemployment Compensation Act of 1970 to provide that individuals filing claims for compensation (including regular, extended additional, or supplemental compensation) shall be counted in the State insured unemployment rate, for purposes of determining whether there are State "on" or "off" indicators ("State triggers") for the extended unemployment compensation program.
United States · United States Congress · 2 June 1983
Expresses the sense of the House of Representatives that the changes in the Federal estate tax laws which were made by the Economic Recovery Tax Act of 1981 are vital to the continuation of the family farm and small business, and should not be repealed or amended.
United States · United States Congress · 1 June 1983
Credit Card Counterfeiting and Fraud Act of 1983 - Amends the Federal criminal code to make it an offense to knowingly and unlawfully produce, buy, sell, or transfer a credit card or account which is counterfeit, forged, lost, or stolen. Makes it a federal offense to possess with the intent to defraud five or more credit cards or fraudulent payment devices. Makes it unlawful to produce, buy, sell, transfer, or possess equipment used in the production of such fraudulent payment devices. Includes within the prohibition of the Act any individual who attempts or conspires to commit any of these offenses.
United States · United States Congress · 24 May 1983
Expresses the sense of the Congress that: (1) restoration of a stable monetary system is necessary to assure economic growth and to maintain a liberal international economic system; (2) the Secretary of the Treasury should review his call for an international conference on the monetary system; (3) the International Monetary Fund should make use of its current assets and revise the conditions placed on its loans; (4) additional financial resources should be made available through bilateral arrangements; and (5) U.S. banks should be required to adjust the value of loans on which interest payments are not received and be allowed to increase deductible loss reserves in order to make such write-downs without endangering the banking system.
United States · United States Congress · 18 May 1983
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition assistance to States, local governments, and agencies on the adoption of a law enforcement officers' bill of rights which includes, as a minimum, the following: (1) allowing off-duty officers to engage in political activities; (2) granting officers specified procedural rights in connection with investigations of their conduct on duty which may lead to a personnel action; (3) requiring officer representation on any police complaint review board established in the jurisdiction; (4) prohibiting mandatory disclosure of officers' finances; and (5) establishing a law enforcement officers' grievance commission.
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 · 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 · 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 · 10 May 1983
Authorizes the President, on behalf of Congress, to present to Mrs. David Vhay a gold medal in recognition of the contributions and talents of her father Mr. Gutzon Borglum, the sculptor who carved the great stone faces of four United States Presidents on Mount Rushmore in South Dakota. Authorizes appropriations.
United States · United States Congress · 5 May 1983
Amends the Internal Revenue Code to define "geothermal energy" as the natural heat of the Earth at any temperature (present regulations require that such heat must exceed a specified temperature). Qualifies for the residential energy tax credit and the investment tax credit for energy property energy systems which use both geothermal energy and another energy source not eligible for such credits if geothermal energy provides more than 80 percent of the energy for such system. Qualifies for the investment tax credit for energy property energy systems which use both geothermal energy and another energy source eligible for such credit (such as biomass, solar, wind, ocean thermal, or hydroelectric) if the combination of such energy sources provides more than 80 percent of the energy for such system.
United States · United States Congress · 3 May 1983
Directs the Secretary of the department in which the Coast Guard is operating to cause two named vessels to be documented as vessels of the United States entitled to engage in the coastwise trade.
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 · 21 April 1983
Prohibits the payment of an annuity under the civil service retirement system to a Member of Congress or to his or her survivor or beneficiary if such Member is convicted of committing a felony while in office. Provides for the refund of contributions and deposits made to the civil service retirement system or the armed forces survivor benefit plan for the period after the conviction. Restores the right of an individual to an annuity denied because the individual was convicted of a State felony, if such individual is pardoned by the State's governor.
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 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. 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. Includes as threshold, aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the 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 and espionage. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on a unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; 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. 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 death 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 · 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
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
Expresses the sense of the Congress that the President should convey U.S. concern for the welfare of Ethiopian Jews and seek ways to assist Ethiopian Jews to emigrate freely.
United States · United States Congress · 7 April 1983
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition, "engaged in the business," with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant to be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires (instead of permits) the Secretary to grant release unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 7 April 1983
Sexual Exploitation of Children Act of 1983 - Amends the Federal criminal code dealing with the sexual exploitation of children. Increases the penalties for the sexual exploitation of children from $10,000 to $75,000 and, on a subsequent conviction, from $15,000 to $150,000. Establishes as an affirmative defense to prosecution that the medium (upon which such prosecution is based), when taken as a whole, possesses serious literary, artistic, scientific, social or educational value.
![Official portrait of Rep. Kasich, John R. [R-OH-12]](https://www.congress.gov/img/member/k000016_200.jpg)