United States · United States Congress · 22 September 1983
Comprehensive Smoking Education Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to inform the public of the health hazards of cigarettes through research, demonstration, and educational activities. Establishes an Interagency Committee on Smoking and Health to coordinate such Federal and private activities. Requires the Secretary to report to Congress biennially (with the first report due by January 1, 1984). Amends the Federal Cigarette Labeling and Advertising Act to require cigarette packages to carry one of three specified label warnings on a rotating basis. Makes it unlawful to advertise cigarettes without one of three specified warnings. Makes it unlawful to manufacture, import, or package cigarettes commercially without disclosing tar, nicotine, and carbon monoxide levels on the package. Requires the Secretary to test such levels at least once a year. Makes it unlawful to manufacture, import, or package cigarettes commercially without first filing with the Secretary a list of chemical additives (types and amounts). Requires the Secretary to report at least annually to Congress regarding cigarette additives and their health hazards. Increases the fine for violation of such Act from $10,000 to $100,000.
United States · United States Congress · 13 September 1983
States that the United States: (1) condemns the Soviet destruction of Korean Air Lines flight 7; (2) calls for an explanation from the Soviets; (3) extends its sympathies to the families who lost loved ones and supports their rights to obtain reparations from the Soviets; (4) calls on the Soviets to assist in the recovery of the remains of the victims; (5) calls for an international investigation by the International Civil Aviation Organization; (6) declares its intention to demand that the Soviets modify their air defense procedures to assure the safety of commercial airliners; (7) finds that this incident will make it difficult for the U.S. and other nations to accept the Soviets as responsible members of the international community; and (8) urges our allies and other nations to cooperate with specified demands on the Soviets.
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 · 3 August 1983
Social Security Disability Benefits Reform Act of 1983 - Title I: Standards of Disability - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that an individual who is receiving disability benefits or child, widow's, or widower's insurance benefits based on disability may be determined not to be entitled to such benefits on the grounds that the disability involved has ceased, does not exist, or is not disabling, only if: (1) there has been medical improvement in the individual's impairment so that the individual can engage in substantial gainful activity; (2) the individual can engage in substantial gainful activity as a result of medical or vocational therapy or technology; or (3) on the basis of new or improved diagnostic techniques, the individual's impairment is not considered as disabling as it was at the time of the most recent prior disability determination and the individual can engage in substantial gainful activity. Requires the Secretary of Health and Human Services to: (1) conduct a study, in conjunction with the National Academy of Sciences, on the use of subjective evidence of pain in making disability determinations; and (2) submit the study results to specified congressional committees. Requires the Secretary to consider the combined effect of all of an individual's impairments in determining whether such individual is unable to engage in substantial gainful activity. Title II: Disability Determination Process - Requires the Secretary to revise the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under part 404 of title 20 of the Code of Federal Regulations which are used to make individualized determinations of disability for purposes of determining eligibility for disability benefits under title II of the Social Security Act. Prohibits the Social Security Administration from carrying out continuing eligibility reviews with respect to individuals previously determined to be under a disability due to mental impairment until such revisions have been established by final regulation. Makes such prohibition inapplicable in any case involving fraud or where an individual is engaged in substantial gainful activity. Sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the Secretary's revisions are established by final regulation. Provides that an initial disability determination by the Secretary or by a State agency which is unfavorable to a disability benefit applicant shall remain pending until after notice and opportunity for review. Requires that such a determination contain a statement of the case which indicates the basis of the disability determination, the right to a review, and the right to submit additional medical evidence before such review. Entitles the applicant or the applicant's spouse, divorced spouse, surviving divorced spouse, surviving spouse, surviving divorced mother, child, or parent to a review of a pending disability determination upon request and upon a showing that his or her rights may be prejudiced by such determination. Sets forth procedural requirements with respect to such a review. Requires the Secretary or the State agency to affirm or modify a pending disability determination on the basis of such a review. Provides that an initial decision by the Secretary as to an individual's eligibility for disability benefits which is based upon an initial disability determination and which is unfavorable to such individual shall contain a statement of the case which indicates the basis of such decision, the individual's right to a hearing, and the individual's right to submit additional evidence before or at such hearing. Entitles an individual who is dissatisfied with an initial decision by the Secretary to judicial review. Requires the Secretary to conduct demonstration projects in at least five States implementing the amendments made by this Act. Requires the Secretary to report to specified congressional committees on such projects. Removes certain time restrictions on the continued payment of disability benefits during the appeal process. Requires the Secretary to study and report to specified congressional committees on: (1) the effect of the continued payment of benefits during the appeal process upon the expenditures of the Federal Disability Insurance Trust Fund; and (2) the rate of appeals to administrative law judges of unfavorable disability benefit entitlement determinations. Provides that a disability determination in the case of an individual with a mental impairment shall be made only after a qualified psychiatrist or psychologist employed by the State agency or the Secretary has made the proper medical evaluation. Requires the Secretary to prescribe standards with respect to consultative examinations which must be obtained for disability determinations. Title III: Miscellaneous Provisions - Provides for the application of Federal rulemaking and administrative procedure requirements to disability determinations under title II of the Social Security Act. Specifies certain decisions by a U.S. court of appeals with which the Secretary and the Department of Health and Human Services must comply, unless there is a review by the U.S. Supreme Court. Expands the types of cases with respect to which States may be reimbursed by the Secretary for the costs of furnishing vocational rehabilitation services. Establishes in the Department of Health and Human Services an Advisory Council on the Medical Aspects of Disability, which shall advise and make recommendations to the Secretary on disability standards, policies, and procedures. Terminates the Council on December 31, 1985. Amends title VII (Administration) of the Social Security Act to require that each report by the Secretary to Congress on the administration of the Social Security Act contain a description of the current status of the disability insurance program under title II of such Act. Requires the Secretary to establish enough attorney adviser positions in the Department of Health and Human Services to insure adequate opportunity for career advancement for attorneys in the Social Security Administration. Requires that such attorneys be given qualifying experience for appointment to administrative law judge positions. Requires the Secretary to report to specified congressional committees with respect to complying with these requirements.
United States · United States Congress · 25 July 1983
Establishes the Kamehameha National Monument in Hawaii. Requires the Secretary of the Interior to provide facilities to commemorate the historical significance of the monument. Authorizes appropriations.
United States · United States Congress · 20 July 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Margaret Truman Daniel, daughter of Harry S. Truman, in recognition of the lifetime of outstanding public service he gave to the United States. Commemorates his one hundredth birthday which will be celebrated on May 8, 1984. Authorizes appropriations.
United States · United States Congress · 19 July 1983
Drug Price Competition Act of 1983 - Amends the Federal Food, Drug, and Cosmetic Act to exempt from Food and Drug Administration (FDA) clinical application requirements new drugs that are the same as previously approved new drugs (extends FDA abbreviated drug application procedures to post-1962 new generic drugs).
United States · United States Congress · 13 July 1983
Amends the Clayton Act to authorize the Assistant Attorney General or the Federal Trade Commission to extend by up to 60 days the waiting period required following notification of a person's intention to acquire the voting securities or assets of another person, if as a result of such acquisition: (1) the value of assets held in the United States by the acquiring person would exceed $5,000,000,000; and (2) the aggregate number of employees in the United States of the acquiring person and of persons in which the acquiring person holds a controlling interest would exceed 25,000. Waives such extension authority if: (1) within the two-year period ending before the proposed acquisition is scheduled to be, or is, consummated, the acquiring person divests itself of ownership or control of assets held in the United States having an aggregate value of not less than the value of the assets (held in the United States) to be acquired; and (2) such divestiture has not been relied upon to waive such authority for any other acquisition. Excludes, for such purposes, acquisitions: (1) in the ordinary course of business; (2) of voting securities that do not confer the working control of the assets of the issuer of such securities; (3) of assets held in the United States and valued at less than $100,000,000; and (4) of voting securities that confer working control of assets valued at less than $100,000,000. Prohibits the consummation of any proposed acquisition under this Act if it is unlikely that such acquisition would serve the public interest. Directs the Assistant Attorney General and the Commission to notify the parties to a proposed acquisition and to seek appropriate relief upon making such a determination. Sets forth criteria for making such determination. Prohibits any person other than the Assistant Attorney General or the Commission from bringing an action to obtain relief for a violation of this Act.
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 · 29 June 1983
National Economic Cooperation Act of 1983 - Amends the Employment Act of 1946 to add a new title on national economic cooperation. Establishes a National Economic Cooperation Council. Sets forth the purposes of the Council, including the requirement that the Council report annually to the President and the Congress on the state of the national economy. Requires that the general policies and administrative direction of the Council shall be controlled by a Board composed of nine members appointed by the President, by and with the advice and consent of the Senate. Sets forth the qualifications of members of the Board. Requires the principal administrative officer of the Council to be an Executive Director appointed by the Board. Requires the Council to promote the growth and vitality of the U.S. economy by: (1) collecting and analyzing relevant data concerning economic trends and market opportunities; (2) evaluating existing and alternative government and business policies in terms of their impact on the capacity of American enterprises to take advantage of those trends and opportunities; (3) recommending government and business strategies and practices which will improve that capacity; (4) developing such concensus among the branches of government, labor, and business as is necessary to implement such strategies and practices; and (5) evaluating State and local policies and practices in terms of their impact on the economy. Sets forth methods for the Council to follow in carrying out such functions. Authorizes the Council to make special reports as necessary, in addition to its annual report. Sets forth the authority of the Council to conduct hearings. Establishes within the Council a Bureau of Economic Information and a Bureau of Economic Analysis and Policy. Sets forth the duties of such Bureaus. Directs the President to designate a Special Adviser for Economic Coordination who: (1) shall be the principal official responsible for the coordination of executive branch trade and economic functions and activities; and (2) shall serve as the principal liaison official between executive branch departments and agencies and the Council. Authorizes appropriations for FY 1984 through 1989. Sets forth general administrative provisions.
United States · United States Congress · 27 June 1983
Secondary Mortgage Market Equity Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to set forth a formula for increasing the maximum mortgage limitation for a one- to four- family residence in certain areas where high prevailing housing sales prices have limited housing opportunities.
United States · United States Congress · 23 June 1983
State Justice Institute Act of 1982 - Establishes the State Justice Institute as a tax-exempt private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Permits the Institute to be incorporated in any State or the District of Columbia. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems. Prescribes uses and limitations on uses of grant and contract funds. Specifies restrictions on activities of the Institute. Authorizes appropriations for FY 1984 through 1986.
United States · United States Congress · 22 June 1983
Establishes the Commission on Capital Markets to evaluate the regulation of financial intermediaries by the Federal and State governments and the functioning of such intermediaries in the accumulation and allocation of capital within the United States economy. Sets forth the information to be included in such evaluation. Requires the Commission, within nine months after the initial meeting, to submit to Congress a report on the results of its evaluation. Terminates the Commission ninety days after the submission of its final report. Authorizes appropriations.
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
Amends the Federal Election Campaign Act of 1971 to increase permissible contributions by individuals to candidates for congressional office. Specifies the ceiling on amounts multicandidate political committees may contribute to candidates for the House of Representatives, and the Senate, respectively. Specifies the ceiling on amounts such committees may contribute to candidates in special, general and run-off elections.
United States · United States Congress · 7 June 1983
Amends the Energy Policy and Conservation Act to eliminate provisions which: (1) permit petitions to the Secretary of Energy for prescription of rules which supersede State energy efficiency standards; and (2) provide for supersedure of State energy efficiency standards prescribed after January 1, 1978.
United States · United States Congress · 24 May 1983
Hazardous Waste Reduction Act of 1983 - Title I - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to States to assist States in: (1) carrying out hazardous waste enforcement programs under the Solid Waste Disposal Act; (2) carrying out remedial actions and other response measures necessary with respect to the release, or substantial threat of release, of any pollutant or contaminant from a facility not on the 400 top priority known response targets list but which the State determines may present an imminent and substantial danger to the public health or welfare; and (3) providing technical assistance to companies engaged in the recycling of hazardous substances. Requires that at least $200,000,000 of the amounts appropriated to the Hazardous Substance Response Trust Fund shall be reserved to make such grants to States. Revises provisions for audits by each Inspector General of each department or agency delegated responsibility to obligate money in the Hazardous Substance Response Trust Fund. Directs each such Inspector General to report annually to the President and the Congress on such auditing of the Fund and to specifically identify any improper uses of the Fund. Provides for reimbursement to the Fund for any improper expenditures. Extends through FY 1995 the authorization of appropriations for the Fund. Increases the yearly amount of such authorization of appropriations for FY 1986 through 1995 (above the yearly amount currently authorized through FY 1985). Amends the hazardous waste management provision of the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to establish a hazardous waste quantity assessment program. Directs the Administrator, in cooperation with the Secretary of the Treasury and the States, to develop and implement methods to estimate the quantities of hazardous waste which are generated in each calendar year, on the basis of specified data. Directs the Administrator to report at least annually to the Congress, comparing the quantities of hazardous waste estimated to have been generated during the preceding calendar year and the quantities of waste on which the recycling incentive tax on disposal of hazardous wastes was paid. Title II - Amends the Internal Revenue Code to replace (effective October 1, 1985) the environmental taxes on petroleum and chemical feedstocks with a recycling incentive tax on disposal of hazardous wastes (effective for FY 1985 through 1995). Sets forth tables for determining the amount of such tax. Distinguishes between: (1) toxic and nontoxic hazardous waste; (2) waste disposal before and after the end of FY 1990; and (3) disposal of waste and storage of waste for more than one year. Imposes such tax on the person disposing of such waste. Sets forth requirements for records, statements, and returns relating to such tax. Authorizes the Secretary of the Treasury to prescribe any such requirements, as necessary, for persons involved in the treatment, storage, or disposal of hazardous wastes. Extends through FY 1995 the authority to collect taxes conferred by the Superfund Act.
United States · United States Congress · 19 May 1983
Expresses the support of the House of Representatives for Lebanon's and Israel's agreement on arrangements for the withdrawal of Israeli forces from Lebanon. Calls upon other nations to work toward the withdrawal of all foreign forces from Lebanon. Emphasizes the need of all nations to recognize the sovereignty of Lebanon. Urges Syria and the Palestine Liberation Organization to agree to the arrangements for the withdrawal of their forces from Lebanon.
United States · United States Congress · 12 May 1983
Interstate Compact - Grants congressional approval to the Central Interstate Low-Level Radioactive Waste Compact, which provides for cooperation among the States of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, and Oklahoma in the management of low-level radioactive waste.
United States · United States Congress · 12 May 1983
Amends the Internal Revenue Code to exempt from the excise tax on sales of heavy trucks and trailers piggyback trailers or semi trailers designed for use principally in connection with trailer-on-flatcar service by rail.
United States · United States Congress · 10 May 1983
Encourages the President's efforts to achieve deep cuts in the amounts of nuclear weapons held by each nation and to establish an enduring peace. Declares that Congress would welcome an international agreement based on specified principles providing for: (1) the staged, proportional disarmament of all nations until nonthreatening force levels are reached under effective international inspection and control; and (2) concurrent agreements (in accordance with specified principles) providing methods for the peaceful settlement of international disputes, for effective compliance during the staged disarmament process, and for effective enforcement as nonthreatening force levels are approached. Urges the President to initiate: (1) renewed consideration of the "Joint Statement of agreed Principles for Disarmament Negotiations" ("Joint Statement") by appropriate U.S. agencies; and (2) joint United States and Soviet reconsideration of such "Joint Statement." Requests the President to: (1) transmit copies of this resolution to the heads of government of all nations and to invite them to participate in negotiations on such an international agreement; and (2) report to Congress on the steps taken respecting this resolution and the responses received and on the U.S. reassessment of the "Joint Statement."
United States · United States Congress · 4 May 1983
Corporation Act Amendments of 1983 - Amends the Legal Services Corporation Act to increase from nine to ten the number of members on state advisory councils, at least two of whom must be eligible clients and another two members of the general public. Directs the Legal Services Corporation (the Corporation) to: (1) publicize within a specified time-frame any contemplated grants, projects or contracts; and (2) notify the relevant State advisory council if legal assistance will be provided as a result of such grants, projects, or contracts. Establishes procedural guidelines for notification, comment, and review of such grants, projects, or contracts. Deems the Corporation's Board of Directors (the Board) to be Federal officers and employees in order to prohibit payment of members appointed during a recess of the Senate. Provides compensation to Board members only for attendance at Board meetings and necessary related travel expenses. Prohibits: (1) reimbursement to recipients and specified Board personnel for membership in private clubs; and (2) severance pay exceeding the amounts paid Federal employees for comparable service. Requires the project director of a recipient of Corporation funding to approve any allowable use of funds for communications with governmental entities. Allows class action suits against government entities if the practice in question is unlikely to change otherwise and will continue to affect eligible clients adversely. Revises conditions under which reasonable costs and legal fees shall be awarded to a defendant prevailing against the Corporation or the Corporation's recipient. Allows such an award of fees where the action had no reasonable basis in law or fact. (Currently, such fees may be awarded only if the action is a malicious abuse of legal process.) States that any such costs shall be paid directly by the Corporation. Authorizes the Corporation to recover such costs from a recipient adjudged to have commenced legal action without a reasonable basis in law or fact. Directs the Corporation to: (1) require recipients to attempt out-of-court resolution of disputes; (2) provide funds each fiscal year with which to compensate private attorneys who render legal services to eligible clients; and (3) develop criteria to determine reasonable legal costs and reduced fee schedules. Prohibits the use of Corporation funds for: (1) legal proceedings or legal assistance by any attorney relating to an abortion unless it is necessary to save the mother's life; or (2) legal assistance to aliens known to be in violation of Federal laws or treaties relating to immigration, exclusion, deportation, or expulsion if aliens. Directs the Corporation to: (1) require recipients to maintain documentation of their clients' eligibility for legal advice and assistance; and (2) periodically review such documentation and include findings in annual reports to the President and the Congress. Grants the Comptroller General and the General Accounting Office the same authority: (1) to conduct audits of the Corporation as they have with respect to all other Federal departments and agencies; and (2) to settle and adjust Corporation accounts. Authorizes appropriations for FY 1984 through 1986. Requires annual funding of current grantees and contractors to remain uninterrupted at previous fiscal year levels whenever less than six members of the Board have been appointed and are qualified under the Legal Service Corporation Act. Authorizes the Corporation to bring an action in Federal district court to: (1) compel specific performance of any agreement between the Corporation and any recipient for the provision of legal services; and (2) compel compliance by a recipient with this title. Prohibits the interruption of legal services to clients who have actions pending on the date of such court orders. Specifies exceptions.
United States · United States Congress · 20 April 1983
Increases the number of judicial divisions in the Northern District of Ohio. Changes the location of the district courts for such divisions. Sets guidelines for the assignment of active, full-time district court judges sitting in Akron and Youngstown.
United States · United States Congress · 14 April 1983
Amends the Federal Reserve Act to direct the President in selecting the members of the Board of Governors of the Federal Reserve System to appoint one member each to represent the respective interests of small businesses and agriculture.
United States · United States Congress · 12 April 1983
Global Resources, Environment, and Population Act of 1983 - Declares it to be the public policy to: (1) promote national population stabilization; (2) encourage other nations to achieve population stabilization; and (3) coordinate research and national planning concerning global trends in population characteristics, the availability of natural resources, and environmental change. Directs all Federal agencies to: (1) use reliable demographic research in planning and decisionmaking which affect national and global population characteristics; and (2) develop procedures to insure the consideration of population characteristics, population stabilization, and environmental, economic, and natural resource aspects in agency planning and decisionmaking. Directs each agency head to: (1) review the agency's statutory authority, policies, and regulations to determine whether there are any impediments to complying with this Act; and (2) recommend the necessary administrative or legislative actions to eliminate such impediments. Establishes an Interagency Council on Global Resources, the Environment, and Population to: (1) coordinate research, conduct studies, and report to the President and Congress on trends in population characteristics; (2) assess the impact of such trends on population stabilization, the environment, and the availability of natural resources; (3) recommend legislative and administrative actions to modify or eliminate Federal programs, laws, and regulations which limit the achievement of the policies of this Act; and (4) recommend to Congress and the President a national population policy and policies to encourage global population stabilization at a level which maintains the highest possible standard of living and does not deplete the world's natural resources or degrade the global environment. Requires the President to submit to Congress, annually, a national population change and planning report which includes: (1) an evaluation of the impact that national and global trends in population characteristics, the availability of natural resources, and environmental change will have on the nation's economy and national security; and (2) recommendations for necessary legislative actions.
United States · United States Congress · 12 April 1983
Expresses the sense of the Congress that the President should convey U.S. concern for the welfare of Ethiopian Jews and seek ways to assist Ethiopian Jews to emigrate freely.
United States · United States Congress · 7 April 1983
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition, "engaged in the business," with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufactures or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant to be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires (instead of permits) the Secretary to grant release unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
![Official portrait of Rep. Synar, Mike [D-OK-2]](https://www.congress.gov/img/member/s001139_200.jpg)