United States · United States Congress · 13 September 1983
Amends the Perishable Agricultural Commodities Act, 1930, to impress a trust on behalf of an unpaid seller or supplier on the inventories, commodities, or proceeds from the sale of such commodities held by a commission merchant, dealer, or broker. States that payment shall not be considered to have been made if the supplier, seller, or agent receives a payment instrument which is dishonored. Exempts cooperative association-member transactions from such provisions. States that an unpaid seller or supplier shall lose such trust benefits unless he or she: (1) gives written notice of intent to preserve such benefits to the commission dealer or agent; and (2) files such notice with the Secretary of Agriculture within specified times. Vests U.S. district courts with jurisdiction over actions to preserve a trust or to enforce a trust beneficiary's payment. Makes a failure to properly maintain a seller trust or violation of such Act.
United States · United States Congress · 13 September 1983
Designates the week beginning February 12, 1984, as a time to recognize the contributions of volunteers who become Big Brothers and Big Sisters to single parent youths.
United States · United States Congress · 4 August 1983
Davis-Bacon Reform Act of 1983 - Amends the Davis-Bacon Act to increase from $2,000 to $1,000,000 the threshold dollar amount subjecting certain contracts to such Act and requiring them to specify the minimum wages to be paid to laborers and mechanics. Directs the Secretary of Labor to establish as the prevailing wage for a class of laborers or mechanics the entire range of wages being paid to a corresponding class of such workers in the particular urban or rural subdivision of the State in which the work is to be performed. Excludes from the computation of wages the basic hourly rates of pay for workers on local Federal projects. Establishes a separate classification for helpers of laborers or mechanics. Amends the Copeland Anti-Kickback Act to require certain contractors or subcontractors to furnish compliance statements concerning weekly wages at the beginning and conclusion of the period covered by the contract, instead of every week as the wages are paid.
United States · United States Congress · 4 August 1983
Wine Equity Act of 1983 - Requires the President to direct the U.S. Trade Representative (USTR) to negotiate the harmonization of tariff and nontariff barriers on wine with each designated major trading country. Requires negotiations with designated major trading countries which do not export wine to the United States in order to eliminate all tariff and nontariff trade barriers of such countries to the importation of U.S. wine. Requires the President to impose tariff and nontariff trade barriers equal or substantially equivalent to the barriers applied by a designated major trading country if such country does not provide harmonization to U.S. produced-wine with 180 days of the country's designation as a designated major trading country. Provides for removing such U.S. tariff and nontariff barriers. Requires the USTR to report to specified congressional committees at the beginning and end of each negotiation. Requires the USTR to consult with such committees to identify further tariff and nontariff barriers to and potential markets for U.S. wine. Provides for assistance for the USTR from other Federal agencies.
United States · United States Congress · 4 August 1983
Amends the Internal Revenue Code to provide for the reporting of tips by large food or beverage establishments in lieu of allocation requirements if reported tips do not equal eight percent of gross receipts. Allows for a reduction of such percentage under certain circumstances.
United States · United States Congress · 2 August 1983
Provides that any legal public holiday declared by Federal statute or Executive order that would result in the number of such holidays in a calendar year exceeding ten shall be treated as a regular workday.
United States · United States Congress · 28 July 1983
Amends the Department of Defense Appropriation Act, 1983 to repeal the Boland Amendment, which is the prohibition against using the funds provided in such Act to furnish military aid for the purpose of overthrowing the Government of Nicaragua or to provoke a military exchange between Nicaragua and Honduras.
United States · United States Congress · 19 July 1983
National Debt Retirement Act of 1983 - Amends the Federal Property and Administrative Services Act of 1949 to require the cash proceeds from the transfer, lease, or disposal of surplus government property, with specified exceptions, to be deposited into the general fund of the Treasury and used solely to retire the national debt.
United States · United States Congress · 14 July 1983
Amends the Trade Act of 1974 to prohibit the President from making new agricultural products or byproducts eligible articles under the Generalized System of Preferences as of January 1, 1984. Declares that no agricultural products or byproducts which are like or directly competitive with U.S. products shall be eligible under the Generalized System of Preferences after January 1, 1985.
United States · United States Congress · 13 July 1983
Arizona Strip Wilderness Act of 1983 - Designates the following lands as components of the National Wilderness Preservation System: (1) the Cottonwood Point Wilderness in the Arizona Strip District of the Bureau of Land Management in Arizona; (2) the Grand Wash Cliffs Wilderness in the Arizona Strip District; (3) the Kanab Creek Wilderness in the Kaibab National Forest and in the Arizona Strip District; (4) the Mt. Logan Wilderness in the Arizona Strip District; (5) the Mt. Trumbull Wilderness in the Arizona Strip District; (6) the Paiute Wilderness in the Arizona Strip District; (7) the Paria Canyon-Vermilion Cliffs Wilderness in the Arizona Strip District and in the Cedar City District in Utah; (8) the Saddle Mountain Wilderness in the Kaibab National Forest; and (9) the Beaver Dam Mountains Wilderness in the Arizona Strip District and in the Cedar City District. Releases from management as wilderness areas those lands in the Arizona Strip District of the Bureau of Land Management in Arizona and those portions of the Starvation Point Wilderness Study Area and of the Paria Canyon Instant Study Area plus contiguous units in the Cedar City District of the Bureau of Land Management in Utah which are not designated as wilderness by this Act. Releases lands in the Kaibab National Forest which have been reviewed in the RARE II (second roadless area review and evaluation) program from further review by the Department of Agriculture and from management as wilderness areas pending the revision of initial national forest management plans.
United States · United States Congress · 30 June 1983
Patent Term Restoration Act of 1983 - Amends the patent laws to extend the terms of patents which encompass specified products or a method for using a product, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products).
United States · United States Congress · 30 June 1983
Disapproves the President's recommendation to extend the President's authority to waive the freedom of emigration requirements under the Trade Act of 1974 in order to extend the most-favored nation status of Romania.
United States · United States Congress · 28 June 1983
Amends the National Security Act of 1947 to redefine "covert agent" for purposes of protecting the identities of certain U.S. undercover intelligence officers, agents or sources.
United States · United States Congress · 14 June 1983
Government Printing Office Pay Reform Act of 1983 - Requires the pay of Government Printing Office employees to be administered under the prevailing rate system and the General Schedule. Provides that employees who, upon enactment of this Act, hold positions for which the pay rates are determined by conference with the Public Printer or by appeal to the Joint Committee on Printing, shall, with specified exceptions, continue to receive basic pay at a rate not below the rate in effect immediately before enactment of this Act, plus any increase payable under the prevailing rate system or the General Schedule. Repeals the limitation on the number of apprentices that the Public Printer may employ at one time.
United States · United States Congress · 14 June 1983
Expresses the sense of the House of Representatives that: (1) State regulatory commissions should carefully review requests for telephone rate increases; (2) the Federal Communications Commission should ascertain the impact on telephone rates of regulatory changes and judicial decisions and should furnish the House with an estimate of the number of people who would suffer an economic hardship or be forced to discontinue telephone service as a result of such changes and decisions; and (3) specified House committees should consider legislation that will assure affordable telephone service for all the people of the United States.
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 · 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 · 25 May 1983
Title I: Federal Tort Claims Amendments - Amends the Federal Tort Claims Act to make remedies provided by the Act exclusive of any other action arising out of the same tortious conduct. Substitutes the United States as the party defendant after: (1) the Attorney General has certified that a defendant Federal employee acted within the scope of employment; and (2) an action has been instituted in Federal district court. Declares such certification binding and conclusive. Provides guidelines for limitations of actions. Specifies the Federal agencies to which the Act applies. Title II: Constitutional Torts - Grants district courts exclusive jurisdiction over civil actions for money damages based on constitutional torts. Establishes judicial procedure for the resolution of claims based on constitutional torts. Specifies the Federal agencies amenable to suit for such torts. Authorizes Federal agency administrators to settle claims for money damages based on constitutional torts after obtaining written approval of the Attorney General. Declares such settlements final and conclusive. Establishes guidelines for administrative adjustment of claims. Provides formulae for recovery of damages and sets a maximum damages award for tortious conduct involving either: (1) reckless disregard for constitutional rights; or (2) malicious intent to violate constitutional rights. Specifies defenses to claims based on a constitutional tort. Requires disposition by the appropriate Federal agency before actions may be initiated against the United States for money damages. Allows either party to request a jury trial in actions for money damages. Permits the Attorney General to settle or arbitrate claims after an action has been instituted. Awards attorney's fees to successful claimants. Directs the Attorney General to defend any civil action against any Federal employee for money damages based on constitutional torts. Makes any such action the claimant's exclusive remedy for such a constitutional tort. Directs the Attorney General to remove from State court into district court under specified conditions. Authorizes disciplinary actions against defendant employees under specified circumstances. Exempts specified Federal agencies from tort claims under the Act. Establishes a limitations period. Title III: Amendments to Other Laws; Applicability of Act - Makes conforming amendments relative to medical malpractice provisions concerning Federal health professionals. Makes additional technical amendments.
United States · United States Congress · 23 May 1983
Federal Election Campaign Act Amendments of 1983 - Amends the Federal Election Campaign Act of 1971 to include in the definition of "contribution" donations made to draft clearly identified individuals to become candidates for Federal office. Exempts from the definition of "contributions" any donations to political parties or committees designated to defray establishment, administration, or solicitation costs of the Committee. Requires that these donations be reported on a semiannual basis. Extends to the national committee of a political party certain exemptions that are given to State committees. Allows a political committee of a party to utilize the expedited procedure for advisory opinion requests during the 60-day period before an election. Requires the Commission to establish time limits for investigations. Revises the investigatory procedures of the Commission. Deletes the requirement that the Court of Appeals sit en banc when hearing cases involving the constitutionality of the Act. Increases the contribution limitations for certain offices. Permits political committees of political parties to engage in bona fide commercial transactions in order to defray establishment, administration, and solicitation costs. Amends the Internal Revenue Code to provide the opportunity for a presidential general election candidate to request a hearing before the Commission if a demand for repayment of funds is made available.
United States · United States Congress · 18 May 1983
Amends the Internal Revenue Code to allow income tax deductions for contributions to private foundations on the same basis as contributions to public charities (deductible up to 50 percent of the taxpayer's adjusted gross income). Redefines "lineal descendants" to include only children and grandchildren, for purposes of private foundation penalty tax rules dealing with substantial contributors. Provides that private foundation gifts to public charities do not forfeit their tax deductibility due to the disqualification of the charity's tax exemption if: (1) the gift is made before the Secretary of the Treasury publishes a notice of disqualification or before the foundation receives actual notice of disqualification; (2) and the foundation was not responsible for or aware of the charity's change in status. Exempts a private foundation from expenditure responsibility requirements if such foundation and all related foundations contribute no more than $15,000 in grants during a taxable year. Permits the Secretary to abate first tier penalty taxes on private foundations if it is determined that a violation of private foundation rules was due to a good faith error or omission and was corrected within the statutory correction period.
United States · United States Congress · 17 May 1983
Amends the Internal Revenue Code to provide that tax-exempt interest shall not be taken into account in determining the amount of social security benefits subject to tax.
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 · 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 · 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 · 4 May 1983
Permits the use of fees collected from visitors to Grand Canyon National Park in Arizona to reimburse school districts for educational expenses for pupils living on tax-exempt Federal property at or near the park. Requires the Secretary of the Treasury to maintain in a special fund park revenues equal to the amount necessary to bring federally owned school facilities and property used by such pupils into compliance with Federal, State, and local fire, health, life safety, and building codes.
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 · 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 · 25 April 1983
Product Liability Act of 1983 - Sets forth uniform national standards for products liability cases. Preempts inconsistent Federal and State laws. Permits actions under this Act to be brought in State court or Federal court if the United States is a party or diversity jurisdiction exists. Prohibits recovery for other than commercial loss or damage to the product itself, except as otherwise provided in this Act. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers including wholesalers, distributors, retailers, lessors, packagers, and repairers. Establishes rules relating to proof in products liability cases with respect to Federal Government standards and contract specifications. Prohibits admission of postmanufacturing improvements except for the purpose of impeaching a witness for the product seller who denies the feasibility of such improvements. Allows a manufacturer to introduce certain precautionary measures. Provides that all product liability actions shall be governed by the principles of comparative responsibility. Specifies the manner in which damages are to be apportioned. Provides that comparative damages apply only to compensatory damages. Requires the reduction of any damage award by the amount of workers' compensation benefits which are paid. Makes a product seller who acted with flagrant indifference to consumer safety, where the act was an extreme departure from accepted practice, liable for punitive damages. Establishes a two-year statute of limitations and a ten-year statute of repose.
United States · United States Congress · 21 April 1983
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to extend medical benefits to a former spouse who was married at least 20 years to a member with at least 20 years of service when a minimum of ten years rather than 20 years of such marriage and service coincide. Repeals the requirements that the former spouse be unmarried and have no medical coverage under an employee-sponsored health plan. Grants medical benefits to a former spouse who has a disease or disability attributable to the nature or location of a member's or former member's military service. Limits the health care available to such former spouses to that necessary for the treatment of such a disease or disability. Applies this Act to all eligible former spouses, regardless of the date of divorce.
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 · 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
Directs the Secretary of the Treasury to study and report to specified congressional committees on the advisability of replacing only the Federal individual income tax or replacing both the Federal individual income tax and the Federal corporate income tax with a simplified income tax on gross income.
United States · United States Congress · 7 April 1983
Trademark Counterfeiting Act of 1983 - Amends the Federal criminal code to establish penalties of up to five years' imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation) for trafficking or attempting to traffic in counterfeit marks in the foreign or domestic commerce of the United States. Permits any injured owner of a mark registered on the principal register of the U.S. Patent and Trademark Office to sue for either treble claimant's damages or treble defendant's profits, whichever is greater, in Federal district court.
![Official portrait of Rep. Rudd, Eldon D. [R-AZ-4]](https://www.congress.gov/img/member/r000495_200.jpg)