United States · United States Congress · 7 April 1983
Sexual Exploitation of Children Act of 1983 - Amends the Federal criminal code dealing with the sexual exploitation of children. Increases the penalties for the sexual exploitation of children from $10,000 to $75,000 and, on a subsequent conviction, from $15,000 to $150,000. Establishes as an affirmative defense to prosecution that the medium (upon which such prosecution is based), when taken as a whole, possesses serious literary, artistic, scientific, social or educational value.
United States · United States Congress · 24 March 1983
United States Immigration Court Act of 1983 - Amends the Immigration and Nationality Act to establish a United States Immigration Court, consisting of a 70-judge trial and a six-judge appellate division. Sets forth jurisdictional provisions and appellate review procedures. Grants jurisdiction to the Court of Appeals for the Federal Circuit to review immigration matters such as deportation, exclusion and asylum. Provides for exclusion without hearing under specified circumstances. Permits any alien physically present in the United States or at a land border or port of entry to apply for asylum unless exclusion or deportation proceedings have been instituted. Prescribes conditions under which asylum shall be considered even where exclusion or deportation proceedings have been instituted. Provides for a public asylum hearing and requires aliens to be advised of right of counsel. Sets forth effective dates and transition procedures.
United States · United States Congress · 23 March 1983
Immigration Emergency Act - Authorizes the President to declare an immigration emergency if in his judgment: (1) a substantial number of undocumented aliens from a designated country (countries) or geographic area (areas) are ready to leave for the United States, or have already done so; and (2) the normal procedures and resources of the Immigration and Naturalization Service would be inadequate to handle the influx of these aliens. Requires the President to explain such action to the Speaker of the House and the President pro tempore of the Senate within 48 hours. Terminates such emergency period after 120 days unless ended sooner or extended by the President. Authorizes the President during an immigration emergency to: (1) prevent U.S. vessels, vehicles, or aircraft from traveling to designated countries or areas; (2) prevent inadmissible aliens from arriving by requiring their return or their vessel, vehicle, or aircraft's return to a suitable country or area; (3) exempt executive instrumentalities from additional specified environmental requirements for up to one year; and (4) designate one or more Federal agencies including the military to carry out these emergency powers (once they are invoked by the President). Requires an alien to be detained pending a final determination of admissibility. Permits the Attorney General to transfer such detained aliens at any time. Limits judicial review of the Attorney General's detention and transfer authority to habeas corpus questions of whether a particular person is within the category of aliens subject to detention. Grants search and seizure and disaster authority to agencies enforcing this Act. Prohibits U.S. conveyances from traveling to, or within specified distances of, designated countries or areas during an immigration emergency without prior executive approval. Provides penalties for violations, including fines, forfeiture, and imprisonment. Provides that violations of the Immigration and Nationality Act committed during an immigration emergency may be investigated by the Federal Bureau of Investigation, the Immigration and Naturalization Service, the Coast Guard, or any component of the Department of the Treasury. Amends the Immigration and Nationality Act to increase the fine for unlawfully bringing aliens into the United States. Permits the seizure of a vessel or aircraft so involved. Authorizes up to $35,000,000 for purposes of this title.
United States · United States Congress · 23 March 1983
Amends the Internal Revenue Code to allow an individual taxpayer an income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's dependent child at an institution of higher education or a vocational school. Limits the amount of such deduction to $1,000 (adjusted for inflation) for each account per calendar year. Disallows any deduction for contributions to an account for individuals who have attained age 19. Specifies that no account may have more than one beneficiary and that no individual may be a beneficiary of more than one account. Permits the deferral of income tax on income accumulated in such education savings accounts as long as such amounts are used exclusively for educational expenses. Specifies penalties for the use of account funds for other than educational purposes. Requires that the trustee of an education savings account file reports with the Secretary of the Treasury on the maintenance of the account. Imposes penalties for not filing required reports. Extends the deduction for contributions to an education savings account to taxpayers who do not otherwise itemize deductions. Excludes from the gross income of account beneficiaries any distributions from the account made on their behalf which are used for educational expenses.
United States · United States Congress · 17 March 1983
Title I: Amendments to Omnibus Crime Control and Safe Streets Act of 1968 - Justice Assistance Act of 1983 - Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate the Law Enforcement Assistance Administration 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. Revises the formula grant program to make the following changes. Eliminates the authority for local governments to receive formula grants. Decreases from 23 to 15 the purposes for which formula grants may be made. Includes categories for programs addressing the problems of serious crimes committed by juveniles and juveniles with a history of criminal conduct. Authorizes the Director of the Office of Justice Assistance to certify new categories of programs having a record of proven success. Requires States to provide a 50 percent match to receive Federal funding, or 25 percent match for innovative programs addressing critical problems of crime. Requires grant recipients to assume program costs after a four-year period. Applies the State match requirement on an aggregate rather than per project basis. Revises the application requirements for a State to receive formula grant assistance. Requires States to include assurances that not more than ten percent of assistance will be spent on innovative programs addressing critical crime problems. Requires submission of the formula grant application for approval to the State legislature which shall act on the application as it would for State budget requests. Retains the current requirement that 80 percent of total funding be allocated for formula grants. Bases the distribution of funds among States on population and the extent of the crime problem as determined by the number of Part I offenses in the Uniform Crime Reports reported to the FBI. Requires a State to distribute formula grants among local governments in the same proportion as State funds for law enforcement purposes. Eliminates the national priority grant program. Retains the discretionary grant program. Revises the general purposes for which such grants may be made. Requires that private nonprofit organizations be the primary recipients of such grants for providing educational, training, and technical assistance and undertaking national projects. Permits discretionary grants to be used to provide technical assistance to States not participating in the formula grant program. Revises the training and manpower development program to eliminate the training programs for prosecuting attorneys and State and local criminal justice personnel by the Law Enforcement Assistance Administration. Retains the Federal Bureau of Investigation training of State and local criminal justice personnel and the criminal justice education program. Permits "construction" under such Act to include renovation, repairs, or remodeling. Authorizes appropriations for each of FY 1983 and 1984 for the Office of Justice Assistance, the Bureau of Justice Statistics, and the National Institute of Justice. Eliminates the current authorization of appropriations for the Office of Community Anti-Crime Programs and the requirement that at least 19.15 percent of total appropriations be maintained for juvenile delinquency programs. Prohibits the reprogramming of funds, including those authorized for civil dispute resolution, previously appropriated for the purposes of criminal justice assistance. Title II: Emergency Federal Law Enforcement Assistance - Authorizes a State or local government to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the cost of increased Federal presence; and (5) the need to avoid unnecessary Federal involvement in local concerns. Authorizes appropriations for such purpose.
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
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 · 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.
United States · United States Congress · 10 March 1983
Amends the John F. Kennedy Center Act to authorize and direct the General Accounting Office (GAO) to biennially review and audit the accounts of the Kennedy Center. Requires GAO to transmit a detailed report to Congress on the results of such reviews and audits.
United States · United States Congress · 9 March 1983
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.
United States · United States Congress · 9 March 1983
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 8 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year over three years (one third of which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986, or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified businesses (as defined in Title II of this Act), governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon the request of a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuing the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations remain in effect. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis, and expedite the processing of, applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 3 March 1983
World War I Veterans Service Pension Act - Directs the Administrator of Veterans Affairs to pay (in addition to any pension already paid) a monthly pension of $150 to each veteran of World War I who meets specified service requirements and to certain surviving spouses.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Sakharov Day.
United States · United States Congress · 2 March 1983
Title I: Consumer Credit - Consumer Debtor Bankruptcy Amendments Act of 1983 - Amends the Bankruptcy Code to permit a bankruptcy court to dismiss a case or suspend all proceedings if it determines that a debtor whose debts are primarily consumer debts does not need the provisions of the chapter under which relief has been sought and the granting of relief under such chapter would be a substantial abuse of its provisions. Requires the Clerk of each Federal judicial district to compile statistics regarding debtors where debts are primarily consumer debts. Requires the bankruptcy judge to convene, and permits such judge to preside at, any meeting of creditors and to perform such additional judicial duties as may be required. Declares that the value of the creditor's interest in the estate's interest in consumer goods property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan effecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Permits the court to utilize other methods of valuation if no such market exists or if the court determines that resale value is inappropriate in light of the property's proposed use or disposition. Requires the debtor in bankruptcy cases to file a statement of estimated income and expenses for the year following filing of his petition. Requires the debtor, if the schedule of assets and liabilities include consumer debts secured by property of the estate, to file and serve upon each creditor holding such security and upon the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Requires that the notice of meeting of the creditors be accompanied by a copy of the statement of estimated income and expenses and that the debtor supply the clerk of the court, upon the filing of the petition, with enough copies of such statement to accommodate the listed creditors. Requires individuals filing for bankruptcy in joint or consolidated cases to elect either the Federal or State exemptions. Places an aggregate limit of $3,000 on the value of the exemption with regard to household goods and personal effects. Prohibits the debtor from utilizing the unused dollar value of the homestead exemption to exempt additional property not explicitly provided for by such Act. Repeals the provisions of such Act which currently authorize the debtor to avoid nonpurchase money security interest in property. Presumes nondischargeable any debt incurred on or within 40 days before the date of the filing of a petition under such title. Allows for rebuttal of such presumption. Allows creditors to enforce liens which have not been avoided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge and of any reaffirmation of debt. Prohibits the custodian from being an assignee under a general assignment for the benefit of the debtor's creditors that was appointed or took possession more than 120 days before the date of the filing of the petition. Permits the trustee or the court, however, to require such an assignee to file an accounting. Limits the trustee's power to avoid liens or recover payments made within 90 days of the filing of the petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified household goods and tools of the debtor's trade. Permits the court, upon notice and hearing, to avoid any lien in whole or in part, if the court finds;: (1) that the debtor has no reasonable ability to pay the redemption value of such property out of anticipated future income; and (2) the enforcement of such lien would impose undue hardship on the debtor. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence within thirty days after the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of codebtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where a reasonable portion of unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan, but was prevented from so doing by unforeseen circumstances. Title II: Agricultural Produce - Agricultural Produce Bailment Bankruptcy Amendments Act of 1983 - Requires bankruptcy courts to give priority to allowed unsecured claims of farmers arising from the sale or conversion of farm produce to or by a debtor who operates a farm produce storage facility. Specifies that such sale or conversion must have occurred within 180 days before the filing of the petition or before the cessation of the debtor's business, whichever occurs first. Limits the payment of any such claim to $2,000 per individual. Permits a bankruptcy court to expedite the procedures for determining interests in and the disposition of grain and proceeds held by debtors who own or operate grain storage facilities. Requires the court to expedite such procedures if requested by a trustee or a claimant. Sets forth factors for the court to consider before deciding whether to shorten the time periods for procedures. Lists the procedures which may be expedited. Specifies administration details. Title III: Miscellaneous - Declares that if any provision of this Act or the application thereof to any person or circumstances is held invalid the provisions of every other part and their application shall not be affected thereby. Makes the provisions of this Act effective 90 days after enactment. Declares that the amendments made by this Act shall not apply to cases pending before the date of enactment.
United States · United States Congress · 24 February 1983
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan to identify the research needed to develop an effective treatment and a cure for neurofibromatosis. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires the Commission to make a final report to the President and to each House of Congress within two years. Terminates the Commission three months after submission of the final report.
United States · United States Congress · 22 February 1983
Expresses the sense of the Congress that: (1) the Soviet Union should comply with certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet compliance with internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 8 February 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause bodily 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 five years and a fine of up to $20,000 for an attempt, or if serious bodily injury or death results, a prison term of life and a fine of up to $100,000.
United States · United States Congress · 8 February 1983
Requires the Administrator of Veterans Affairs to consider the current and projected number of veterans residing in each State when deciding where medical facilities should be constructed or acquired. Directs the Chief Medical Director to determine, at the end of each fiscal year, the current and projected number of veterans residing in each State. Requires the Director to report such information to the appropriate committees and to consider it when making recommendations for the apportionment of funds.
United States · United States Congress · 8 February 1983
Directs the United States Postal Service to provide and sell a postage stamp to honor all American servicemen and civilians still unaccounted for as a result of the conflict in Indochina. Provides that such postage stamp shall be of such denomination, and shall be sold for such a time, as the United States Postal Service shall determine.
United States · United States Congress · 8 February 1983
Expresses the sense of the House of Representatives that Anatoly Shcharansky should be released from prison and permitted to emigrate. Urges continued expression of U.S. opposition to the imprisonment of Anatoly Shcharansky.
United States · United States Congress · 8 February 1983
States that the Administrator of Veterans Affairs should implement as quickly as possible the recommendations of "A Thirty Year Study of the Needs of Veterans in Florida" concerning the health needs of veterans.
United States · United States Congress · 3 February 1983
Federal Capital Investment Budget Act of 1983 - Amends the Budget and Accounting Act, 1921 to require the President to include with each Budget submitted on or after January 1, 1984, a special analysis for the ensuing fiscal year which shall identify and summarize for each function, category, agency, and program in the Budget the amount of appropriations and expenditures which may be classified as public infrastructure investments. Sets forth other information to be included in such analysis. Requires the President also to include with each Budget, on or after January 1, 1985, a capital investment budget which shall identify by State the amount of appropriations and expenditures classifiable as public infrastructure investments. Declares that any appropriation or expenditure shall be classified as a public infrastructure investment to the extent that it will be used for the construction, rehabilitation, or repair of any civilian public facility in the United States. Amends the Public Works and Economic Development Act of 1965 to require the Economic Development Administration to prepare an inventory of civilian public facilities in the United States and an assessment of their physical condition. Requires the Secretary to make a report of such inventory and assessment to Congress not later than January 1, 1985, and to update such report annually.
United States · United States Congress · 2 February 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code of 1954 to permit the continued issuance of tax-exempt (interest excluded from gross income) mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 31 January 1983
Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. 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. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the discretionary release conditions to require 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) forfeit designated property upon failure to appear; and (8) return to custody at specified hours. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, if no conditions will assure his appearance and the safety of the community and any other person. Provides for the detention of an alien whose presence in the United States is not under color of law. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. 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; or (4) any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Permits the government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice. 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. Provides additional penalties for failing to appear before the court or surrender for service of sentence as required. 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. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions.
United States · United States Congress · 27 January 1983
Coal Pipeline Act of 1983 - Amends the Mineral Leasing Act of 1920 to authorize the Secretary of the Interior to grant or renew rights-of-way over, under, upon, or through any Federal lands for the construction, operation, maintenance, or extension of coal pipelines, if the person seeking the right-of-way has been issued a certification that it is in the national interest to construct, operate, and maintain the pipeline (or extend the pipeline). Prohibits granting a right-of-way over, under, upon, or through an historic site unless there is no feasible alternative and planning is made to minimize damage to the site. Requires a right-of-way granted or renewed under this Act to be granted or renewed in accordance with the requirements of the Federal Land Policy and Management Act. Prohibits the provisions of this act from affecting an existing or pending right-of-way except that if a certification has been made any renewal or extension may only be made pursuant to this Act. Authorizes the Secretary to issue regulations necessary to carry out this Act. Prohibits the United States or its agents from reserving, using, or claiming water in any State for a pipeline for which a certification has been issued unless such action takes place pursuant to State law. Authorizes acquisition of private lands by eminent domain if a certification has been issued, except with respect to historic sites or wildlife refuges. Requires the Secretary, if he or she determines that it is in the national interest, to approve an application for certification. Authorizes the Secretary to modify such application before its approval. Requires the Secretary in making such application determination to consider the extent to which a pipeline would: (1) help meet national needs; (2) enhance competition and provide new market outlets and opportunities; (3) contribute to national security; and (4) affect the environment. Directs the Secretary to notify the Attorney General of any pending application prior to making certification so as to permit the Attorney General to conduct an antitrust review. Requires every coal pipeline carrier issued a certification to provide service on reasonable request. Permits the use of eminent domain to acquire any portion of a right-of-way acquired under this Act if the use of such right-of-way is consistent with the operation and maintenance of the pipeline. Requires pipelines to be underground to the maximum extent possible. Directs the Secretary to issue regulations establishing uniform Federal standards for the safe design, installation, inspection, and maintenance of coal pipeline facilities. Exempts facilities under construction. Sets forth civil and criminal penalties for violations of such regulations. Authorizes the Attorney General to institute a civil action for a restraining order or injunction to enforce any provision of this Act. Sets forth civil and criminal penalties for violations of this Act.
United States · United States Congress · 27 January 1983
Amends the Bail Reform Act of 1966 to authorize a judicial officer, when making a pretrial release determination, to consider whether a person charged with possession or transfer of a controlled substance will pose a danger to any other person or the community. Requires the judicial officer to hold a hearing for such persons to determine whether surety resources have been obtained by noncriminal means.
United States · United States Congress · 26 January 1983
Law Enforcement Officers Protection Act of 1982 - Establishes criminal penalties applicable to licensees under the Gun Control Act of 1968 who import, manufacture, or sell a "restricted handgun bullet," except as authorized by the Secretary of the Treasury. Establishes additional criminal penalties, including a mandatory minimum sentence of one year's imprisonment, for: (1) using a restricted handgun bullet to commit a Federal felony; or (2) carrying a restricted handgun bullet unlawfully during commission of a Federal felony.
United States · United States Congress · 26 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U. S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U. S. citizen or national; (2) a permanent resident of the United States; or (3) a U. S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.
United States · United States Congress · 25 January 1983
Amends the Internal Revenue Code to increase to $2,500 the maximum deduction for contributions to retirement savings plans. Allows certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses, without regard to any community property laws.