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for July 1, 1983, and the inflation adjustment of the income tax brackets scheduled for after 1984, should not be repealed or postponed.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 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 · 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 · 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
Labor Management Racketeering Act of 1983 - 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 of 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. Sets forth the responsibility of the Secretary of Labor to detect and investigate violations of ERISA and other provisions for protecting employee benefit rights, without precluding such detection and investigation by other appropriate Federal agencies. Makes any conviction entered prior to the enactment of this Act effective on the date of such conviction if a right of appeal from such conviction is pending on the date of enactment of this Act. (i.e., Makes retroactive the provisions of the Act which bar convicted union officials from office immediately upon conviction).
United States · United States Congress · 5 April 1983
Deep-Draft Navigation Act of 1983 - Title I: Findings and Purposes; Definitions - Declares the findings of Congress and the purposes of this Act. Title II: Creation of Trust Fund to Administer Accounts for Operations and Maintenance, Improvement Projects, and Local-Share Credits - Establishes the Deep-Draft Navigation Trust Fund in the Treasury, consisting of: (1) the Operations and Maintenance Account; (2) the Navigation Improvement Account; and (3) the Special Credit Account. Requires the Secretary of the Treasury to be the trustee of the Trust Fund and to make an annual report to Congress on the operation and status of the Fund. Sets forth the certain and the authorized uses for each Fund account. Title III: Tax on Deep-Draft Commercial Vessels Using Deep-Draft Commercial Channels, Harbors, and Navigational Facilities; Saint Lawrence Seaway Development Corporation - Amends the Internal Revenue Code to impose a tax on the use of any deep-draft commercial channel or harbor within the United States by a deep-draft commercial vessel (vessel). States the rate of such tax. Declares that such tax shall not apply to intraport transfers. Imposes a tax on any vessel using any Great Lakes navigation improvement which is operated or maintained by the United States. States the rate of such tax. Imposes a tax on the use of any deep-draft commercial channel or harbor within the United States for a purpose other than the loading or unloading of commercial cargo (including convenience, bunkering, refitting, or repair). States the rate (including the maximum rate) of such tax. Requires the master of a vessel to report the value of all qualified commercial cargo loaded onto, unloaded from, or contained in such vessel to the U.S. Customs Service upon the loading or unloading of any such cargo or upon passage through any Great Lakes navigation improvement, operated or maintained by the United States. States the powers of the Secretary of the Treasury, with regard to making investigations and requiring record keeping, for determining whether any person is in violation of this Act. Authorizes the Secretary, acting through the U.S. Customs Service or any other designated agency, to assess and collect the taxes imposed under this title. Requires that the liability for the payment of such taxes shall be imposed on the owner of such vessel and shall constitute a valid lien against said vessel in favor of the United States until paid. Sets forth provisions concerning violations and enforcement of this title, including: (1) findings of violations by the Secretary; (2) actions by the Attorney General; (3) jurisdiction and venue of actions under this title; (4) unlawful departure of vessels without paying all taxes; and (5) the unlawful diversion of taxable cargo for tax avoidance purposes. Grants the consent of Congress to the levying by the States of taxes on cargo to be exported from a State's deep-draft commercial channels and harbors. States conditions concerning the imposition of such taxes, and the rates of the taxes. Directs the Comptroller General to audit the deep-draft commercial harbor operations of States that have not authorized the U.S. Customs Service to accept payment of the tax levied under this title. Requires the Comptroller General to report to Congress concerning such audits. Amends the Act establishing the Saint Lawrence Seaway Development Corporation to authorize the Corporation to accept certain amounts for the operation and maintenance of authorized deep-water navigation works in the Saint Lawrence Seaway. Waives that portion of the toll levied on a vessel for use of the Seaway to the extent that such toll exceeds the deep-draft commercial vessel tax imposed under this Act. Requires the Corporation to remit to the Treasury all revenues derived from the collection of charges from providing services to vessels using the Seaway and from toll bridge charges. Requires the Secretary of State, in consultation with the Secretary of Transportation, to initiate discussions with the Government of Canada concerning the reduction or elimination of all tolls on the international Great Lakes and/or the Saint Lawrence Seaway. Requires the Secretary of Transportation to report to Congress on the progress of such discussions and the economic effects to U.S. waterborne commerce of any proposed reduction or elimination in tolls. Title IV: Establishment of Federal/Local Partnership for Deep-Draft Navigation Improvement Projects - Requires the Secretary of the Army to enter into a memorandum of agreement with the port authority sponsoring any deep-draft navigation project, prior to submitting recommendations to Congress for the authorization or reauthorization of such projects. Requires the memorandum to establish the responsibilities of each party with respect to the construction and operation of the project, including a formula (determined in a specified manner) for the allocation of project costs. Grants the consent of Congress to the imposition of a duty or tax upon any vessel engaged in foreign commerce by any State, political subdivision or agency thereof, for the purpose of recovering the local share of any deep-draft navigation improvement project. Requires all revenue derived from such duty or tax to be paid into the Treasury for credit against local share of the project costs. States that Congress reserves the right to withdraw such consent upon certain circumstances. Authorizes port authorities to construct and operate a deep-draft navigation project upon entering into a memorandum of agreement with the Secretary. Sets forth certain provisions to be contained in such memoranda. Requires the Secretary to order persons or port authorities in violation of any provision of the memorandum to comply with such memorandum within 90 days. Authorizes the Attorney General to bring a civil action as may be necessary to bring such persons or port authorities into compliance with the memorandum. Requires the National Academy of Sciences to study the economic effects of the taxes imposed and the funding mechanisms established under this Act. Requires the Academy to report the results of such study to the Congress and the President within a specified period. Title V: Expedited Procedure for Authorization and Review of Deep-Draft Navigation Improvement Projects - Authorizes port authorities to submit to the Secretary of the Army proposals for the construction of deep-draft navigation improvement projects. States the required contents of such proposals. Requires the Secretary to direct the Corps of Engineers to prepare and submit, on an expedited basis, certain reports and an environmental impact assessment of the proposed project. States procedures to be followed for consolidated environmental review of proposed projects. Requires the Corps of Engineers to be the lead agency in the consolidated environmental review process. Requires the Secretary to evaluate such reports and assessments and to submit recommendations for the construction of such projects (together with a lst of all proposals submitted) to the appropriate congressional committees. Requires such recommendations to be cost effective, and to reflect a mix of differing depths and scope and to be from each of the standard coastal and Great Lakes ranges. Prohibits the Secretary from recommending to Congress any projects or combination of projects for which the total Federal share of projected annual outlays will exceed the amounts available for the Deep-Draft Navigation Trust Fund in such fiscal year. Requires the congressional committee to which the recommendations were submitted to report a joint resolution approving or disapproving such recommendations, in whole or in part, within 90 days of their submission. Requires the Secretary to establish and publish in the Federal Register a schedule (the permit schedule) for the issuance or nonissuance of all necessary federal permits for the construction of such projects. States the procedures to be followed for the permit schedule. Requires the Secretary to monitor compliance with the permit schedule by all agencies subject to such schedule. Provides a procedure to be followed in the event of any threatened delay or failure to meet any deadline imposed under the schedule. Declares that nothing in this title shall be construed to relieve any agency of any legal requirements or to affect the application of any law or regulation to a deep-draft navigation improvement project or related landslide facilities. Describes procedures concerning judicial review of final agency decisions concerning deep-draft navigation improvement projects authorized under this Act. Declares that if any part of this Act is held invalid then all of this Act shall be invalid.
United States · United States Congress · 5 April 1983
Requires the head of each executive agency to conduct a review of all rules, regulations, and policies of the agency which result in different treatment based on gender. Directs each agency head to report annually to the Congress on such review. Provides that such report shall include proposals to make agency rules and regulations neutral as to sex. Requires all agency rules, regulations, and programs to the extent practicable be neutral as to sex.
United States · United States Congress · 24 March 1983
Shopping Center Tenant Bankruptcy Protections Improvements Act of 1983 - Amends the Bankruptcy Code to require 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.
United States · United States Congress · 24 March 1983
Child Support Enforcement Improvements Act of 1985 - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to state that the purpose of part D is to assure compliance with the obligations to pay child support to each child in the United States living with one parent. Amends the Internal Revenue Code to direct the Secretary of the Treasury to provide for payment to a State of past-due child support from Federal tax refunds in cases where collection services have been made available under part D to an individual not otherwise qualified for part D services. Requires a State under part D to maintain a child support clearinghouse: (1) through which support payments will be recorded; (2) into which support payments will be paid and forwarded; (3) which will maintain collection records; and (4) which will have a system for reporting support obligations owed, collected, and disbursed, and for notifying the courts when payments are not made. Requires a State under part D to: (1) seek medical support for children for whom it is seeking financial support; (2) provide for mandatory withholding and payment of past-due support from wages; (3) provide a procedure for imposing liens against property and estates for past-due support; (4) provide for the collection of past due support from State tax refunds; (5) provide that quasijudicial or administrative procedures be available to aid in the establishment and collection of support obligations and in the establishment of paternity; and (6) provide for at least three of the following: voluntary wage assignment to pay support obligations, the use of scientific testing to determine paternity, the imposition of a bond to secure support obligations of absent parents having a pattern of past-due support, a procedure for establishing paternity without participation of the alleged father if such father refuses to cooperate in establishing paternity, or use of an objective standard to guide in the establishment and modification of support obligations by measuring the amount of support needed and the ability of an absent parent to pay such support, so that comparable amounts of support are awarded in similar situations. Amends Federal bankruptcy law to provide that the discharge of a debtor's debts does not discharge the debtor from any debt (currently, the debt must be in connection with a separation agreement, divorce decree, or property settlement) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child.
United States · United States Congress · 24 March 1983
National Park System Protection and Resources Management Act of 1983 - Requires the Secretary of the Interior to: (1) collect, analyze, and document data on the factors which degrade or threaten to degrade the natural and cultural resources of the national park system; and (2) transmit to Congress a biennial State of the Parks report. Provides that such report shall include: (1) a description of the condition of each national park unit's natural and cultural resources, of the factors which damage or threaten such resources, and of the ongoing and planned mitigation actions and their results; (2) a description of the systemwide efforts to address the resource protection requirements listed above; (3) a discussion of systemwide resource protection and management policies for natural and cultural park resources; (4) a discussion of the adequacy of congressional appropriations in addressing protection and resource management programs; and (5) a discussion of funding needs to implement such policies and measures. Requires the National Park Service to solicit public involvement in the preparation of such report. Requires the Secretary to submit to specified congressional committees an annual report on the 50 most critical natural and the 50 most critical cultural resource problems within the national park system. Directs the Secretary to contract with the National Academy of Sciences for development of a plan for the National Park Service to conduct natural and cultural resources inventories and research on the problems and solutions with respect to national parks. Requires the plan to be submitted to the Secretary and the appropriate congressional committees. Requires that resource management plans for each national park unit be prepared and updated continually. Provides that general management plans for each park unit shall be based upon the park's resource management plan. Directs the Secretary to review and revise the current land classification system for the preservation and use of national park system lands. Requires the development of a new classification for maximum resource protection for sensitive ecosystems and cultural resources of special research value. Requires that those park units designated as biosphere reserves or world heritage sites receive priority consideration for monitoring and resource protection efforts. Expresses the sense of Congress that park and legislative officials establish ways to ensure the protection of international parks designated as biosphere reserves. Permits the Secretary to exercise the authority to issue leases within a national park unit, permit the use or development of such an area, or dispose of lands and waters within such an area only if the exercise of such authority will not have a significant adverse effect on the park unit. Restricts the Secretary's authority to act in areas adjacent to national park units in the same way, unless any significant adverse effects on the national parks are less important than the public interest value of a proposed action. Requires Federal agencies conducting activities within, or adjacent to, any national park unit to insure, to the extent practicable, that such activities will not significantly degrade the natural or cultural resources of the park unit. Provides for notification of the Secretary by a Federal agency if a proposed agency action may degrade or threaten the natural or cultural resources of a national park unit. Requires the Secretary to respond in writing on the foreseeable impact on park resources of a proposed agency action and to recommend any changes in such action needed to avoid adverse effects on park resources. Authorizes the Secretary to request information regarding a proposed agency action where the agency fails to notify the Secretary and the Secretary determines that such action may threaten park resources. Requires the Secretary to consider any adopted city, county, State, or Federal development plan during the deliberations on a proposed agency action. Requires the Secretary to hold a public hearing: (1) if requested by the affected government unit; and (2) if the Secretary's response to the proposed action is to be negative. Requires the proposing Federal agency to comply fully with the Secretary's recommendations in all cases where the proposed agency action would occur upon Federal lands or waters within the boundaries of a national park unit. Permits the proposing Federal agency to proceed with its action after consideration of the Secretary's recommendations in cases where the proposed action would occur on non-Federal lands within the boundaries of a national park unit, if the public interest in the proposed action is greater than the public interest in avoiding the adverse effects on the park resources involved. Provides that when the proposed agency action would involve areas adjacent to a national park boundary, the Federal agency must consider the Secretary's recommendations and must notify the Secretary of its decision to proceed. Sets forth notification requirements when proposed agency action differs from the Secretary's recommendation. Requires proposing agencies to notify specified congressional committees. Requires the Secretary to publish notices of proposed Federal actions and responses in the Federal Register. Exempts emergency, disaster, and national security actions from this Act. Requires actions under this Act to be brought in the U.S. district court in the district in which the national park unit involved is located. Provides for the Secretary to cooperate with, and provide technical assistance to, governmental and other entities to protect national park system resources. Requires the superintendent of each park unit to work with governmental and other entities which influence or control lands, resources, and activities within or adjacent to the park unit to develop a mutually compatible land use plan for the general area. Authorizes the Secretary to make grants to local governments for park resource protection and for the development of such plan. Authorizes appropriations for FY 1984 through 1986 for such grant. Provides that such cooperative efforts shall be initiated in at least two park units for each administrative region, as well as in all biosphere reserves and world heritage sites, within one year after enactment of this Act. Requires that such efforts be initiated within two years after enactment of this Act in all national park units. Requires that each park unit or regional office have on its staff a person to coordinate the activities required by this Act. Directs the Secretary to initiate a training program for park personnel in the principles and techniques necessary to carry out the requirements of this Act. Requires the Secretary to establish a public information program to inform park visitors and the public of the need to protect park resources. Directs the Secretary to assure that the National Park Service includes adequate numbers and distribution of professional and scientific personnel to provide for park resource protection and management. Requires that general management plans for each national park unit be updated at least every ten years. Requires the Director of the National Park Service to assist potential donors of property located adjacent to or within national park units in satisfying the requirements under the Internal Revenue Code relating to charitable contributions. Provides that if provisions of this Act conflict with provisions of the Alaska National Interest Lands Conservation Act, the provisions of such Act shall prevail. Authorizes appropriations to the Department of the Interior to carry out this Act.
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 · 23 March 1983
Civil Service Spouse Retirement Equity Act - Entitles a former spouse of a Federal employee or Member of Congress to: (1) a portion of the retirement annuity of such employee or Member; and (2) a survivor annuity upon the death of the employee or Member. Requires that the former spouse must have been married to the Member or employee for at least ten years during periods of creditable service. Provides for the calculation of the amount of either such annuity of a former spouse on the basis of the portion of the employee's or Member's creditable service during which the former spouse was married to the employee or Member. Disqualifies any former spouse who remarries before becoming 60 years of age from eligibility for either such an annuity calculated as a regular retirement annuity based on the employee's or Member's creditable service. Authorizes an employee or Member providing a survivor annuity benefit for a former spouse to elect, or to be ordered by a court, to provide for an additional survivor annuity for any other former or current spouse if the employee or Member passes a physical examination prescribed by the Office of Personnel Management (OPM). Limits the maximum survivor annuity or combination of survivor annuities to 55 percent of the employee's or Member's annuity. Authorizes the employee or Member to provide for survivor annuities either by a reduction in his or her retirement annuity or pay, or by a lump sum payment, or by a combination of both. Provides for the recomputation of an employee's or Member's retirement annuity and the refund of certain amounts deposited in the Civil Service Retirement and Disability Fund if a former spouse for which a survivor annuity benefit is provided dies or remarries before the age of 60. Declares that provisions regarding cost of living increases in civil service annuities shall not apply to such annuities for former spouses unless authorized by OPM. Entitles an eligible former spouse: (1) to an annuity under this Act only if such former spouse elects to receive it instead of any other annuity provided to a Federal employee's spouse; (2) to an annuity if the employee or Member died in service (in the same amount as if the employee or Member had died after becoming eligible for an annuity); and (3) to a portion of any lump sum credit payable to an employee or Member who transfers or is separated from service prior to the commencement of either such annuity. Authorizes a Member or employee, a spouse, or former spouse to jointly elect to waive or reduce a survivor annuity for that spouse. Eliminates the current authority of the employee or Member to elect not to provide for a survivor annuity without the spouse's agreement, except when the employee or Member satisfies OPM that the spouse cannot be located. Requires both the employee or Member and the spouse, rather than just the employee or Member, to elect not to increase a survivor annuity upon the employee's or Member's reemployment. Declares that, except when determined by OPM to be inconsistent with this Act, the right of a former spouse to an annuity, survivor annuity, or lump sum credit shall be determined in accordance with an applicable court order or spousal agreement covering such former spouse, with certain limitations. Sets forth provisions governing civil service survivor benefits in cases of divorces occurring prior to the effective date of this Act.
United States · United States Congress · 23 March 1983
Amends the Bretton Woods Agreements Act to require the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund to present proposals to the Fund's Executive Board to ensure that member countries eliminate import restrictions which restrict U.S. exports. Requires the U.S. Executive Director to vote against the use of Fund resources by a member country which fails to agree to such proposals. Requires the U.S. Trade Representative, the Secretary of Labor, and the Secretary of Commerce to inform the U.S. Executive Director of all such import restrictions and export subsidies having a serious adverse impact on U.S. exports or employment.
United States · United States Congress · 23 March 1983
Expresses the sense of Congress that the family planning program under title X of the Public Health Service Act should be administered in the Health Resources and Services Administration of the Department of Health and Human Services.
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
Motor Vehicle Theft Law Enforcement Act of 1983 - Title I: Improved Identification for Motor Vehicle Parts and Components - Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct the Secretary of Transportation to promulgate a Federal motor vehicle security standard applicable to parts used in the manufacture of motor vehicles, other than motorcycles, after the effective date of such standard, or manufactured as new replacement parts after such date. Directs the Secretary to conduct a cost-benefit analysis before promulgating such standard, which includes the effect on domestic motor vehicle production and sales. Stipulates that the standard shall not: (1) impose additional costs upon manufacturers in excess of $10 per motor vehicle; or (2) require the identification of more than 14 parts for any motor vehicle, nine parts for any truck, or four parts for any trailer. Declares that a Federal motor vehicle standard supercedes any State or local standard. Authorizes the Secretary to conduct studies on the development of security devices and systems. Directs the Secretary to report to Congress on such devices and systems within one year of enactment. Provides for repeal of this title on a specified date. Title II: Antifencing Measures - Amends the Federal criminal code to establish penalties for removing or altering any identification number of any motor vehicle or motor vehicle part required by regulation. Requires the forfeiture of any vehicle or part which has had such number removed, with specified exceptions. Applies to the seizure and forfeiture of motor vehicles and parts those provisions of law relating to the seizure and forfeiture of vessels and merchandise under the customs laws. Establishes penalties for anyone who buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, any motor vehicle or motor vehicle part knowing that such identification number has been removed or altered. Designates as nonmailable matter any manipulative type device which is designed or adapted to operate, circumvent, remove, or render inoperative the ignition switch or lock, or door or trunk lock of two or more motor vehicles, or any advertisement for the sale of such device. Title III: Importation and Exportation Measures - Establishes criminal and civil penalties for anyone who imports, exports, or attempts to import or export any motor vehicle, off-highway vehicle or vehicle part knowing that it has been stolen or that its identification number has been altered. Amends the Tariff Act of 1930 to require persons who export or attempt to export a used motor vehicle or off-highway mobile equipment to present to the appropriate customs officers the vehicle and a document describing that vehicle. Title IV: Reporting Requirements - Directs the Secretary of Transportation to establish a task force to study problems relating to motor vehicle titling and controls over motor vehicle salvage which may affect the motor vehicle theft problem. Directs the Attorney General, in consultation with the Secretaries of the Treasury and Transportation and the Postmaster General, to report to Congress on the implementation of this Act.
United States · United States Congress · 22 March 1983
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the use of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide information, materials, training, technical assistance, and evaluations. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1984 through 1987.
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 · 21 March 1983
Authorizes appropriations for FY 1984 through 1988 to the General Services Administration for: (1) the National Historical Publications and Records Commission; and (2) funds to Federal, State, and local agencies and to nonprofit organizations for the collection, preservation, and publication of historically significant documents.
United States · United States Congress · 21 March 1983
Amends the Elementary and Secondary Education Act of 1965 (ESEA) to reestablish the Emergency School Aid Act as title VI of ESEA. Makes the emergency school aid program a categorical grant program to assist public school desegregation. Authorizes appropriations for the emergency school aid program for FY 1984 through 1987. Amends the Education Consolidation and Improvement Act of 1981 to delete references to the emergency school aid program under the block grant provisions of such Act.
United States · United States Congress · 21 March 1983
Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Redefines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "unlawfully". Increases the additional penalty imposed for such offense to not less than five years' imprisonment for a first offense (currently, one to ten years) and ten years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses.
United States · United States Congress · 17 March 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to knowingly cause or attempt to cause injury or death to any person by tampering with any article, product, or commodity which is produced or distributed for human use or consumption. Provides for a prison term of up to ten years and a fine of up to $25,000 for an attempt, or if serious bodily injury or death results, a prison term of up to 20 years or life, respectively; and a fine of up to $100,000. Establishes separate penalties for any person who either knowingly, or willfully and maliciously conveys false information concerning an attempt at such adulteration. Grants the Food and Drug Administration and the Department of Agriculture authority to investigate violations of this Act.
United States · United States Congress · 16 March 1983
Follow Through Amendments of 1983 - Amends the Economic Opportunity Act of 1964 to reenact Follow Through programs (as the Follow Through Act) with certain technical amendments. Authorizes appropriations for such programs for FY 1984 and 1985. Requires (currently authorizes) the Secretary of Education to: (1) provide financial assistance for research, demonstration, or pilot projects designed to develop new methods of overcoming the special problems of primarily low-income children in continuing to develop to their full potential in kindergarten and the primary grades; and (2) provide technical assistance for Follow Through programs and training for program personnel. Directs the Secretary to: (1) provide for an analysis of all previous evaluations of Follow Through programs; (2) include in the next evaluative report of such programs an analysis of their impact on preschool-elementary school linkage efforts and their effectiveness in narrowing the gap in successful educational performance between children from low-income families and other children; and (3) submit such report to the President and Congress by April 30, 1985. Establishes a National Commission on Follow Through Education. Directs the Council to: (1) review all research, demonstration, and pilot projects conducted under Follow Through programs; (2) determine the most effective approaches developed through such programs that are conducive to replication on a national basis; (3) recommend Federal, State, and local actions necessary to facilitate the replication of such approaches; and (4) report to the President and Congress by April 30, 1985, on its activities and recommendations. Terminates the Commission on September 30, 1985. Authorizes appropriations. Repeals provisions of the Omnibus Budget Reconciliation Act of 1981 relating to the Follow Through program.
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
Declares the findings of the Congress that States should: (1) evaluate teacher training and performance requirements; (2) compare teacher recruitment, selection, training, certification, and licensing in other States; (3) establish commissions on teacher excellence; and (4) recommend to the President and the Congress ways in which public school instruction could be assisted by research, evaluation, new policy initiatives, and changes in existing Federal laws.
United States · United States Congress · 15 March 1983
Child Protection Act of 1983 - Amends the Federal criminal code to prohibit the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene."
United States · United States Congress · 15 March 1983
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
Amends the Internal Revenue Code to allow married individuals to compute the amount of their income tax deduction for contributions to retirement savings accounts on the basis of the earned income of their spouses. Treats alimony payments as compensation for purposes of this deduction.
![Official portrait of Rep. Porter, John Edward [R-IL-10]](https://www.congress.gov/img/member/p000444_200.jpg)