United States · United States Congress · 12 April 1983
Expresses the sense of the Senate that May 8 through May 14, 1983, be designated as National Product Safety Week in commemoration of the tenth anniversary of the United States Consumer Product Safety Commission.
United States · United States Congress · 7 April 1983
Permits the immediate payment of hospital benefits for disabled veterans (current law requires payment to begin on the first day of the month following hospitalization).
United States · United States Congress · 7 April 1983
Disapproves specified regulations proposed by the Federal Election Commission pertaining to contributions and activities by corporations and labor organizations which were transmitted to the Senate on March 1, 1983.
United States · United States Congress · 6 April 1983
Amends the Federal Coal Mine Health and Safety Act of 1969 to exempt from the provisions of such Act any surface mining of stone, clay, sand, or gravel.
United States · United States Congress · 24 March 1983
Water Resources Development Act of 1983 - Title I - Requires the Secretary of the Army, acting through the Chief of Engineers, to obligate no sums for the combined purpose of the "Construction General" account and the "Flood Control, Mississippi River and Tributaries" account in excess of specified sums. Title II - Declares that the following waterways improvement projects are adopted and authorized in accordance with specified reports: (1) Mobile Harbor, Alabama; (2) Kodiak Harbor, Alaska; (3) San Francisco Harbor, California, Fisherman's Wharf Area; (4) Oakland Outer Harbor, California; (5) Richmond Harbor, California; (6) Sacramento River, Deepwater Ship Channel, California; (7) New Haven Harbor, Connecticut; (8) Jacksonville Harbor, Florida; (9) Manatee Harbor, Florida; (10) Tampa Harbor, Florida; (11) Savannah Harbor, Georgia; (12) Grand Haven Harbor, Michigan; (13) Monroe Harbor, Michigan; (14) Wilmington Harbor, North Carolina; (15) Gowanus Creek, New York; (16) Kill Van Kull and Newark Bay Channels, New York and New Jersey; (17) San Juan Harbor, Puerto Rico; (18) Charleston Harbor, South Carolina; (19) Brazos Island Harbor, Texas; (20) Norfolk Harbor and Channels, Virginia; (21) Crown Bay Channel-Saint Thomas Harbor, Virgin Islands; and (22) Blair and Sitcom Waterways, Tacoma Harbor, Washington. Authorizes, in accordance with specified reports, the following inland and shallow-draft navigation projects: (1) Helena Harbor, Arkansas; (2) White River Navigation to Batesville, Arkansas; (3) Lake Pontchartrain, Louisiana; (4) Greenville Harbor, Mississippi; (5) Vicksburg Harbor, Mississippi; (6) Atlantic Intracoastal Waterway Bridges, North Carolina; (7) Olcott Harbor, New York; (8) Bonneville Lock and Dam, Oregon and Washington; (9) Memphis Harbor, Tennessee and; (10) Gallipolis Locks and Dam Replacement, Ohio and West Virginia. Authorizes, in accordance with specified reports, the following flood control projects: (1) Village Creek, Alabama; (2) Eight Mile Creek, Arkansas, (3) Fourche Bayou Basin, Arkansas; (4) Little Colorado River, Arizona; (5) Cache Creek Basin, California; (6) Redbank and Fancher Creeks, California; (7) Santa Ana River Mainstem, California; (8) Fountain Creek, Colorado; (9) Metropolitan Denver and South Platte River and Tributaries, Colorado, Wyoming, and Nebraska; (10) Oates Creek, Georgia; (11) Agana River, Guam; (12) Big Wood River and Tributaries and Little Wood River, Idaho; (13) Rock River, Illinois; (14) Halstead, Kansas; (15) Atchafalaya Basin Floodway system, Louisiana; (16) Bushley Bayou, Louisiana; (17) Louisiana State Penitentiary Levee, Mississippi River; (18) Quincy Coastal Streams, Massachusetts; (19) Redwood River, Minnesota; (20) Root River Basin, Minnesota; (21) South Fork Zumbro River Watershed, Minnesota; (22) Horn Lake Creek and Tributaries, Tennessee and Mississippi; (23) Robinson's Branch of the Rahway River, New Jersey; (24) Rahway River and Van Winkles Brook, New Jersey; (25) Green Brook Subbasin, Raritan River Basin, New Jersey; (26) Middle Rio Grande Flood Protection, New Mexico; (27) Puerco River, New Mexico; (28) Cazenovia Creek Watershed, New York; (29) Mamaroneck and Sheldrake Rivers Basin and Byram River Basin, New York and Connecticut; (30) Hocking River, Ohio; (31) Miami River and Little Miami River, Ohio; (32) Muskingum River Basin, Ohio; (33) Scioto River, Ohio; (34) Mingo Creek, Oklahoma; (35) Parker Lake, Oklahoma; (36) Harrisburg, Pennsylvania; (37) Lock Haven, Pennsylvania; (38) Saw Mill Run, Pennsylvania; (39) Big River Reservoir, Rhode Island; (40) Nonconnah Creek, Tennessee and Mississippi; (41) Buffalo Bayou, Texas; (42) Boggy Creek, Texas; (43) Lake Wichita, Holliday Creek, Texas; (44) James River Basin, Virginia; (45) Chehalis River, Washington; and (46) Yakima Union Gap, Washington. Authorizes, in accordance with specified reports, the following hydropower development projects: (1) South Central Railbelt Area, Alaska; (2) Murray Lock and Dam, Arkansas; (3) Metropolitan Atlanta Area Water Resources Management Study, Georgia; (4) Lucky Peak Dam and Lake, Idaho; (5) Libby Reregulation Dam Power Units, Montana; (6) W.D. Mayo Lock and Dam 14, Oklahoma; and (7) McNary Lock and Dam Second Powerhouse, Oregon and Washington. Authorizes, in accordance with specified reports, the following shoreline protection projects: (1) Charlotte County, Florida; (2) Indian River County, Florida; (3) Panama City Beaches, Florida; (4) Saint Johns County, Florida; (5) Jekyll Island, Georgia; (6) Atlantic Coast of Maryland and Assateague Island, Virginia; (7) Atlantic Coast of New York City, New York; (8) Presque Isle Peninsula, Pennsylvania; and (9) Folly Beach, South Carolina. Authorizes, in accordance with specified reports, the following mitigation projects: (1) Sacramento River Bank Protection Project, California; (2) Richard B. Russel Dam and Lake, Georgia and South Carolina; (3) West Kentucky Tributaries Projects, Kentucky; (4) Cape May Inlet, New Jersey; and (5) Cooper Lake and Channels Project, Texas. Authorizes, in accordance with specified reports, the following demonstration projects: (1) Cabin Creek, West Virginia; and (2) Lava Flow Control, Hawaii.
United States · United States Congress · 24 March 1983
Amends the Internal Revenue Code to exclude from gross income interest earned on industrial development bonds if the proceeds of such bonds are used to finance railroad rehabilitation or the acquisition of land or rights-of-way in connection with such rehabilitation.
United States · United States Congress · 24 March 1983
Constitutional Amendment - Declares that nothing in the Constitution shall abridge the right of persons to participate in voluntary prayer in public schools or institutions. States that no person shall be required by the United States or by any State to participate in prayer.
United States · United States Congress · 24 March 1983
Expresses the sense of the Senate that the President should expeditiously recommend to Congress the budgetary steps necessary to build defensive weapons for deployment in space capable of destroying ballistic missiles.
United States · United States Congress · 23 March 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 manufacturers 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 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. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 23 March 1983
Directs the Secretary of Commerce to provide at least 90 days notice to affected persons of any intention to close or consolidate any weather service office. Sets forth the factors the Secretary must consider in making such a determination, including the effect of such closing or consolidation on the community and the employees of the National Weather Service. Directs the Secretary to submit any such determination to Congress. Makes a determination final unless within 90 days Congress adopts a resolution of disapproval.
United States · United States Congress · 23 March 1983
Directs the Secretaries of Agriculture for national forest lands and of the Interior for other public lands to terminate, at the purchaser's request: (1) specified quantities of estimated and cumulative timber volume as specified in such purchaser's contract bid prior to January 1, 1982; and (2) other specified contracts for estimated timber volumes. Requires purchasers to pay for the costs incurred by the appropriate Secretary in terminating such contracts and for re-offering the terminated timber for resale. Specifies the maximum amount to be paid per terminated contract. Authorizes the purchaser to transfer, retain or assign timber sale appraisal allowances according to stated guidelines. Directs the Secretaries of Agriculture and of the Interior to adjust, without penalty, certain contract termination dates for a specified period, upon the purchaser's written request. Declares that contracts with termination dates adjusted for four years or more shall require: (1) payment by the purchaser according to a specified schedule; or (2) removal of a certain percentage of estimated timber volume by a certain date. Assures specified purchasers continued eligibility to bid on the resale of timber included in a terminated contract. Establishes guidelines for termination, payment schedules, bidding, and timber resales. Directs the Secretary of Agriculture to permit the transfer of unused purchaser credit for road construction on specified contracts. Directs the Secretary to treat credit earned on specified contracts as transferable earned purchaser credit. Emergency National Forest Productivity Act of 1983 - Directs the Secretary of Agriculture to establish a special program to remove dead or diseased timber on national forest system lands. Authorizes the Secretary to enter into contracts, or conduct the work within the Department of Agriculture, under certain conditions. Authorizes appropriations. Authorizes the Secretary to use regular national forest system and construction accounts subject to approval by the congressional appropriations committees.
United States · United States Congress · 22 March 1983
Trademark Counterfeiting Act of 1984 - Amends the Federal criminal code to establish penalties of up to five years' imprisonment and/or a $250,000 fine ($1,000,000 fine for a corporation) for trafficking or attempting to traffic in counterfeit marks in the foreign or domestic commerce of the United States. Permits any injured owner of a mark registered on the principal register of the U.S. Patent and Trademark Office to sue for either treble claimant's damages or treble defendant's profits, whichever is greater, in Federal district court.
United States · United States Congress · 22 March 1983
Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from restricting the hours of operation or reducing the operating power of any AM broadcast station if: (1) such restriction or reduction would prevent the station from operating at full daytime power from two hours before sunrise until two hours after sunset; and (2) operation during such period would not interfere with the protected signal of an existing station. Prohibits the Commission from denying an application for a license to operate a new AM station or an application to expand the hours of operation of an existing station solely on the grounds that: (1) the area has adequate broadcasting service; or (2) an FM channel is available for the area. Prohibits the Commission from placing an applicant for a station license or construction permit at a disadvantage because that applicant is licensed to operate a station with restricted hours in the area if such applicant certifies that it will relinquish the restricted license if its application is approved. Exempts any application to alter the hours of operation of a standard broadcast station from public notice and comment requirements.
United States · United States Congress · 21 March 1983
Amends the Contract Work Hours and Safety Standards Act and the Walsh-Healey Act to require overtime compensation only for hours of employment in excess of 40 hours in a workweek for employees of Federal Government contractors or subcontractors.
United States · United States Congress · 21 March 1983
Export-Import Bank Amendments of 1983 - Title I: Amendments to the Export-Import Bank Act of 1945 - Amends the Export-Import Bank Act of 1945 in order to direct the Bank to provide guarantees, insurance, and extensions of credit at fully competitive rates and terms as those available to foreign competitors of U.S. exporters. Declares that loans made by the Bank shall bear interest at rates determined by the Board of Directors in order to support U.S. exports at rates and on terms and conditions which are fully competitive with exports of other countries. States that the Advisory Committee, established under such Act, shall; (1) consist of 12 members (currently nine); and (2) meet at least once each quarter (currently once or more each year). Requires the Committee to submit a report to Congress concerning the extent to which the Bank is providing competitive financing to expand U.S. exports and suggestions for improvements. Authorizes members of the Committee to attend meetings of the Board of Directors on a rotating basis. Sets forth the terms of office for members of the Board of Directors. Sets forth the limits on the gross obligations for the principal amount of direct loans authorized by the Bank for FY 1984 and 1985. Extends the authorization for the Bank until September 30, 1989. Requires the Secretary of the Treasury to complete an inquiry into the existence of foreign noncompetitive financing within 60 days following the receipt of information concerning such financing. Authorizes the Secretary to issue an authorization to the Bank to provide matching financing to U.S. exporters upon a determination that the availability of such foreign noncompetitive financing is likely to be a significant factor in a proposed transaction. Requires the Bank to provide such matching financing upon receipt of the Secretary's authorization. Prohibits the Board of Directors from giving final approval for any loan, financial guarantee or combination of both which exceeds $250,000,000, unless the Bank has submitted a certain statement to Congress describing and explaining the transaction. Title II: Mixed Credit Export Subsidies - Trade and Development Enhancement Act of 1983 - Requires the President to pursue negotiations to limit and set rules for the use of mixed financing for exports. Lists the negotiating objectives of the United States in reaching agreements on the use of such financing. Requires the Chairman of the Bank to establish a program of mixed financing for U.S. exports within the Bank. Requires such program to be carried out in cooperation with the Agency for International Development and with appropriate private financial entities. Lists the types of financing the program may include. Declares that the purpose of the program shall be to offer financing for U.S. exports which is as concessional as financing offered by a foreign government to a bona fide foreign competitor of a U.S. export sale. States that U.S. exports which could reasonably be judged to have been offered at the lowest evaluated bid shall be eligible for concessional mixed financing. Authorizes the Chairman to establish a fund to carry out this program. Requires the Administrator of the Agency for International Development (AID) to establish a program of mixed financing for U.S. exports. Directs that the program be carried out in cooperation with the Bank and with private financial entities. Lists the financing authorized for such program. Authorizes the combination of AID funds with Bank or private financing to provide financing for U.S. exports which is substantially as concessional as that offered by a foreign government to a bona fide competitor for a U.S. export sale. Requires that AID funds be offered only to finance U.S. exports which will contribute to the advancement of the developing objectives of the importing country. Authorizes the Administrator to draw on Economic Support Funds and to establish a fund to carry out the mixed financing program. Requires the President to appoint an individual to coordinate and ensure the implementation of both mixed financing programs. Authorizes appropriations.
United States · United States Congress · 21 March 1983
Expresses the sense of the Senate that the President should: (1) report to Congress on his intention to begin negotiations on a new long-term agricultural trade agreement with the Soviet Union; (2) seek, in such a new agreement, higher minimum and maximum supply guarantees and a provision for the export of value-added products; (3) report to Congress, by a specified date, on the potential economic and employment impacts of such a new agreement on U.S. agriculture and related industries; and (4) take appropriate measures to assure free movement of increased quantities of U.S. agricultural products to the Soviet Union.
United States · United States Congress · 18 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 (one-third of which must be in rural areas). Limits the period during 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 (within 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 streamling 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. 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. Exempts enterprise zones from certain requirements relating to Federal environmental policy. 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), to include governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by 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 continuation of 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. 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 · 17 March 1983
Authorizes and requests the President to designate Monday, April 4, 1983, as Swedish-American Friendship Day, in order to commemorate the 200th anniversary of the signing of the Treaty of Amity between Sweden and the United States.
United States · United States Congress · 15 March 1983
Religious Speech Protection Act of 1983 - Prohibits federally funded public secondary schools which allow students to meet during noninstructional periods from discriminating against any meeting of students on the basis of religious content. Grants Federal jurisdiction to enforce this Act.
United States · United States Congress · 11 March 1983
Smoking Prevention Health and Education Act of 1983 - 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 Committee to meet at least four times a year. Directs the Secretary to report annually to Congress on the status of health and smoking in the United States. Makes it a misdemeanor (with maximum $10,000 fine) to manufacture, import, or package cigarettes without first filing a list of chemical additives (types and amounts) with the Secretary. States that such information shall be considered a trade secret. Requires the Secretary to report at least annually to Congress regarding cigarette additives and their health hazards. Amends the Federal Cigarette Labeling and Advertising Act to change existing label warning provisions to require cigarette packages to carry one of four specified warnings on a rotating basis according to Federal Trade Commission rules. Makes it unlawful to manufacture, import, or package cigarettes commercially without disclosing tar, nicotine, and carbon monoxide levels on the package.
United States · United States Congress · 10 March 1983
Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 8 March 1983
Amends the Tribally Controlled Community College Assistance Act of 1978 to revise definitions and purposes. Directs the Secretary of the Interior, subject to appropriations, to make grants for defraying, at the determination of the tribally controlled community college, expenditures for the operation and maintenance of the college (including administrative, academic, community, and student service programs, and technical assistance). Requires that grant applications include a description of recordkeeping procedures for expenditure of funds received under the Act. Directs the Secretary to establish a program of grants to tribes and tribal entities for planning and development of proposals for the establishment of tribally controlled community colleges, or for determining the need and potential for such colleges. Directs the Secretary to reserve a specified amount from appropriations for title I of the Act to make such planning grants available to as many as five approved applicants. Revises provisions relating to technical assistance contracts. Replaces requirements for "feasibility studies" with requirements for "eligibility studies". Reduces the percentage of title I funds which may be used to carry out such studies. Revises formulas for determining the amount of each grant to a tribally controlled community college on the basis of the "Indian student count" at such colleges. Prohibits the alteration of grant amounts under this Act because of funds also received under the Snyder Act. Prohibits denial of Snyder Act funds because of funds received under this Act. Provides that any Indian student who receives a student assistance grant from the Bureau of Indians Affairs (BIA) for postsecondary education shall be deemed to have received such assistance under the Pell Grants program of the Higher Education Act of 1965, for purposes of such Act. Authorizes appropriations for FY 1985 through FY 1987 to carry out provisions for: (1) technical assistance contracts; (2) grants to tribally controlled colleges; and (3) construction of new facilities. Provides for a transition to the forward funding method of timing appropriation action. Revises provisions for grant adjustment. Directs the Administrator of General Services to: (1) study facilities available for use by tribally controlled community colleges; (2) report study results to the Congress by September 30, 1985; and (3) in consultation with the BIA, conduct a program of renovation, alteration, repair, and reconstruction of BIA facilities. Directs the Secretary to provide grants for construction of new facilities for any tribally controlled community college for which the report of the Administrator of General Services identifies such a need. Sets forth requirements for eligibility and for the college's share of such construction costs. Authorizes the Secretary to waive such requirements. Directs the Secretary to establish a program of endowment grants to tribally controlled community colleges which are current recipients of specified assistance under the Act or under the Navajo Community College Act. Sets forth agreement requirements for receipt of such endowment grants. Sets forth provisions for the use and allocation of such endowment grant funds and for compliance with a matching funds requirement. Authorizes appropriations for FY 1985 through 1987 to carry out such endowment grant program.
United States · United States Congress · 8 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 · 3 March 1983
Makes crops grown on highly erodible land (as defined by this Act) that has not been farmed during the past ten years ineligible for specified agricultural assistance programs.
United States · United States Congress · 3 March 1983
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. 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 F), 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 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. 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. 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. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office.
United States · United States Congress · 3 March 1983
Water Resources Research Act of 1983 - Authorizes the Secretary of the Interior to assist the work of any water resources research and technology institute, center, or equivalent agency established in the States in accordance with this Act. States that each such institute shall: (1) have responsibility for planning, conducting, and/or arranging for competent research in relation to water resources; and (2) cooperate with other colleges and universities in the State in order to develop a statewide program designed to resolve State and regional water and related land problems. Requires each institute, prior to the receipt of funds each fiscal year, to submit to the Secretary a water research program. Permits the Secretary to make grants to each designed institute to be matched at specified rates by non-Federal dollars. Authorizes appropriations for such grants through FY 1988. Permits the Secretary to make additional grants to other qualified institutions and agencies of local or State government for research concerning any aspect of a water-related problem which the Secretary may deem to be in the national interest. Repeals the Water Research and Development Act of 1978. Authorizes appropriations for such additional grants and for administration of grants through FY 1988.
United States · United States Congress · 3 March 1983
Constitutional Amendment - Requires the Congress to assure that the total outlays of the Government during any fiscal year (except for the repayment of debt) do not exceed an amount equal to the greater of: (1) the difference between: (a) an amount which bears the same ratio to the gross national product at the close of such fiscal year as outlays for the preceding fiscal year bear to the gross national product at the close of such preceding fiscal year; and (b) an amount equal to one percent of gross national product for such fiscal year; and (2) 20 percent of the gross national product for such fiscal year. Permits a waiver of such limitations in case of national emergency or war, but all expenditures in excess of such limitations must be approved by three-fourths of Congress.
United States · United States Congress · 1 March 1983
Columbia River Gorge Act of 1983 - Establishes the Columbia River Gorge Scenic Area as a unit of the national forest system. Extends the boundaries of the Mount Hood National Forest in Oregon and of the Gifford Pinchot National Forest in Washington State to include all the lands in their respective States lying within the Area which are not within their boundaries on the enactment of this Act. Provides that national forest system lands in Oregon which are within the Area shall be treated as components of the Mount Hood National Forest and national forest system lands in Washington which are within the Area shall be treated as components of the Gifford Pinchot National Forest for purposes of providing forest system revenues to a State or local government. Requires the Secretary of Agriculture to administer the Area and to provide all interested parties with an opportunity to participate in plans and programs for the management of the Area. Establishes in the Department of Agriculture the Columbia River Gorge Scenic Area Regional Commission, which shall be composed of members from both Oregon and Washington as well as the Chief of the Forest Service. Makes the Commission responsible for: (1) assisting the Chief of the Forest Service in the establishment of a management plan for the Area; (2) facilitating communication and coordination among the Federal, State, and local governmental agencies with jurisdiction within the Area and with residents and landowners within the Area; (3) reviewing and monitoring the implementation of the management plan by such governmental agencies; (4) reviewing all land acquisition proposals submitted by the Secretary in cases involving the potential use of eminent domain; (5) reviewing all Federal development projects within the Area for consistency with the management plan; and (6) preparing an annual report for the Secretary, Congress, and the Governors of Oregon and Washington on the status and implementation of the management plan. Requires the Chief of the Forest Service to prepare a management plan for the Area. Requires the Chief of the Forest Service to consult with the Commission and with State and local government authorities within the Area during preparation of the management plan. Authorizes the Secretary to provide financial and technical assistance to such authorities to carry out land use management activities. Directs the Secretary to incorporate State and local policies, management plans, standards, and requirements into the management plan and resolve any conflicts with the State and local authorities concerned. Requires that the management plan be submitted to the Commission for approval. Authorizes the Secretary to modify and resubmit any plan disapproved by the Commission. Authorizes the Secretary to adopt a resubmitted management plan without the Commission's approval. Permits requests for amendments to or variances from the management plan to be submitted to the Secretary. Prohibits the construction or modification of any facility in the critical portions of the Area before the Secretary's adoption of interim guidelines which shall govern all land use activities within the Area until the management plan is adopted. Requires that Federal activities within the Area be consistent with the interim guidelines and the management plan. Sets forth the procedure for the Secretary's approval of any such activities. Requires the Secretary to permit hunting and fishing on lands and waters under his or her jurisdiction within the Area. Directs the Secretary to monitor all land use activities within the Area prior to the adoption of the management plan to prevent violations of the interim land use guidelines. Requires local governments which have land use planning authority under State law and wish to enforce the management plan within the Area to submit to the Secretary and the Commission a land use plan consistent with the management plan. Requires the Secretary to approve or disapprove such a local plan within six months after its submission. Authorizes the Secretary to make annual grants to local governments to assist them in establishing such land use plans. Directs the Secretary to enforce the management plan if no approved local land use plan is in effect. Imposes criminal penalties for violations of regulations or orders issued pursuant to this Act. Authorizes the Attorney General, at the Secretary's request, to institute a civil action for an injunction or other order to prevent the use of lands in the Area in violation of the management plan. Provides for administrative and judicial review of such violations. Authorizes the Secretary to acquire lands classified as critical lands under the management plan without the owner's consent, unless, as of July 1, 1981, such lands were used primarily for single family residential purposes, farming, or grazing. Requires the Secretary to consider sale offers made by Area landowners. Authorizes the Secretary to acquire non-Federal lands within the Area by exchange. Provides that State lands may be acquired only by donation or exchange. Permits the transfer of Federal property within the Area to the Secretary without consideration. Requires that property thus acquired be: (1) transferred to the jurisdiction of the National Forest Service for inclusion in the national forest system; or (2) sold on terms to assure the use of such property in a manner consistent with the management plan. Authorizes appropriations. Makes appropriations from the Land and Water Conservation Fund available for land acquisition within the Area. Establishes an acquisition fund for land acquisition within the Area. Authorizes appropriations for the initial capital of the fund. Authorizes the Secretary to accept contributions which shall be credited to the fund. Authorizes the Secretary to make payments to local governments to mitigate property tax revenue losses resulting from Federal acquisition of real property within the Area. Limits the authority under this Act to enter into contracts or to make payments to the extent and the amounts provided in advance in appropriation Acts. Makes provisions of this Act which authorize new budget authority effective only for FY 1983 and thereafter.
United States · United States Congress · 28 February 1983
Renewable Energy Small Business Development Act of 1983 - Amends the Internal Revenue Code to extend the investment tax credit for renewable energy property from 1985 to 1990. Increases such credit for solar, wind, and geothermal property. Amends the Export-Import Bank Act of 1945 to require that not less than 12 percent of the loan authority of the Export-Import Bank shall be made available only to businesses with $25,000,000 or less in previous-year sales. Requires that a portion of such loan authority be made available for transactions involving renewable energy. Amends the Public Utility Regulatory Policies Act of 1978 to specify rules for the rates for purchase by electric utilities of electric energy from any qualifying cogeneration facility or qualifying small power production facility. Amends a specified reorganization plan to require the Department of Commerce to provide export assistance to businesses involving renewable energy. Amends the Small Business Innovation Act of 1982 to require that renewable energy and energy conservation businesses receive a reasonable portion of the Department of Energy's small business research and development funds.
United States · United States Congress · 28 February 1983
Renewable Energy National Security Act of 1983 - Requires the Secretary of a military department, when procuring energy systems, to procure systems that include energy-conserving equipment. Includes biofuels as a renewable form of energy for purposes of energy systems procurement by a military department. Requires the Secretary of Defense to provide for the use of biofuels in meeting Department of Defense energy needs to the extent feasible and consistent with overall defense needs. Requires the Secretary of Defense to encourage the use of energy-conserving devices and equipment in military construction projects, including family housing projects, where practical and economically feasible. Amends the Agricultural Act of 1949 to include spoiled and contaminated grains among the accumulated stocks of agricultural commodities which the Commodity Credit Corporation may process into liquid fuels. Authorizes the Corporation to provide for the storage of liquid fuels so processed for use by the agricultural sector during periods of fuel shortages. Requires the Corporation to provide for the processing of spoiled and contaminated commodities into liquid fuels before the processing of stocks of usable feedstock. Amends the Energy Policy and Conservation Act to require the Secretary of Energy to maintain a data base on the location of all stockpiles of renewable energy supplies and biofuels and of all renewable energy production facilities in the United States. Requires that such data be made available to Government departments and agencies upon request. Requires the Secretary of Defense to assess and report to the Armed Services Committees of the House of Representatives and the Senate on the feasibility of using mobile energy systems that use renewable energy as emergency backup energy systems at military installations.
United States · United States Congress · 24 February 1983
Federal Meat and Poultry Products Inspection Act of 1982 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit distribution in interstate commerce of certain State-inspected meat and poultry products. Requires States to use official marks on meat and poultry products inspected under State law. Authorizes meat and poultry processing establishments to transfer from State to Federal inspection or vice versa on October 1 of each year upon the approval of the Secretary of Agriculture. Requires State-inspected products which are distributed in interstate commerce to meet Federal marking, labeling, packaging, and ingredient requirements.
United States · United States Congress · 23 February 1983
Youth Employment Opportunity Act of 1983 - Amends the Fair Labor Standards Act of 1938 to permit employers, without prior or special certification by the Secretary of Labor, to pay 85 percent of the minimum wage (or the applicable wage in Puerto Rico or the Virgin Islands) for a 180-day period to youths under the age of 20. Requires compliance with applicable child labor laws. Prohibits such special wage rate if: (1) the youth has been employed at a wage rate which is at least the minimum wage; or (2) the employer has employed the youth for at least 180 days. Authorizes the Secretary to assure compliance with requirements relating to such special wage provisions. Prohibits employers from engaging in a pattern and practice of: (1) substituting younger workers employed at less than the minimum wage for older workers employed at or above the minimum wage; or (2) terminating the employment of some youths and employing other youths in order to gain continual advantage from the youth opportunity wage. Establishes rates of compensation and fines for such violations. Repeals the amendments made by this Act, effective three years after the date of enactment of this Act. Directs the Secretary to report biannually to the Congress on the effect of the amendments made by this Act, including the effect on adult and youth employment rates.
United States · United States Congress · 17 February 1983
Amends the Federal Land Policy and Management Act of 1976 to exempt entities which have received financial assistance under the Rural Electrification Act of 1936 from paying annual fees for rights-of-way with respect to public lands.
United States · United States Congress · 16 February 1983
Title I: Armed Forces, Soldiers' Home, Coast Guard, Lighthouse Service, and Merchant Marine - Amends Federal laws dealing with the Army, the Navy, the Air Force, and the Coast Guard to eliminate gender-based distinctions. Title II: Elimination of Gender-Based Distinctions Under the Old Age, Survivors, and Disability Insurance Program, Railroad Retirement and the Work Incentive Program - Eliminates gender-based distinctions in the social security and railroad retirement programs. Title III: Amendments to United States Code - Amends the Immigration and Nationality Act, the Walsh-Healey Act, the Child Nutrition Act of 1966, the Federal Criminal Code and other Acts dealing with Indian affairs, transportation, public lands and provisions relating to Saint Elizabeth Hospital and contract law to eliminate gender-based distinctions. Title IV: Effective Date - Sets forth the effective date for the provisions of this Act.
United States · United States Congress · 15 February 1983
Prohibits the Secretary of Commerce from transferring the ownership or management of any civil land remote sensing space satellite system until a comprehensive plan for such a transfer is approved by Congress.
United States · United States Congress · 3 February 1983
Amends the Hobbs Act to redefine "extortion" to mean obtaining property from another with consent by use of actual or threatened force, violence, or fear thereof, or wrongful use of fear not involving force or violence, or under color of official right. Expresses congressional intent: (1) not to exclude Federal jurisdiction on the ground that conduct involving force, violence, or fear thereof, takes place in the course of a legitimate business or labor dispute, or on the ground that the conduct violates State or local law; or (2) not to chill legitimate labor activity by authorizing Federal prosecution for offenses occurring during a labor dispute not involving extortion. Makes it an affirmative defense to a prosecution under this section that the defendant's conduct: (1) was incidental to peaceful picketing in the course of a legitimate labor dispute; (2) consisted solely of minor bodily injury or property damage; or (3) was not intended to extort property.
United States · United States Congress · 3 February 1983
Modifies the Belle Fourche irrigation project, South Dakota, to include construction, betterment of works, water conservation, recreation, and fish and wildlife conservation and development. Redesignates such projects as the "Belle Fourche Unit" of the Pick-Sloan Missouri Basin program. Authorizes the Secretary of the Interior to negotiate and execute an amendatory repayment contract with the Belle Fourche Irrigation District covering all lands of the existing Belle Fourche project. Limits the period for repayment of the construction and rehabilitation and betterment costs by irrigation water users to not more than 40 years. Permits costs incurred under the provisions of this Act to be covered by appropriations for the Water and Power Resources Service. Authorizes the Secretary to amend existing contracts and enter into additional contracts in order to implement and facilitate future agreements between the Belle Fourche Irrigation District and non-Federal entities involving the sale of project water by non-Federal interest for non-irrigation purposes. States conditions for such sales of project water. Authorizes appropriations.
United States · United States Congress · 3 February 1983
Office of Strategic Trade Act of 1983 - Declares the policy of the United States with respect to export controls on strategic goods and technology. Establishes an Office of Strategic Trade as an independent executive agency which shall be headed by a Director of Strategic Trade whom the President shall appoint with the advice and consent of the Senate. Requires the Director to act as chairman of the Interagency Advisory Committee for Export Policy. Establishes within the Office of the Director of the Office of Strategic Trade an Exporter Services Facility to act as liaison with the business community. Sets forth as the principal divisions of the Office of Strategic Trade the: (1) Operations Division; (2) Compliance Division; (3) CoCom Division, which shall carry out functions relating to the Coordinating Committee for Multilateral Export Controls (CoCom); (4) Licensing Division; and (5) General Counsel's office. Authorizes the Director to require any of the following types of export licenses: (1) a validated license, authorizing a specified export issued pursuant to application; (2) a qualified general license, authorizing multiple exports issued pursuant to application; (3) a general license, authorizing exports without application; and (4) such other licenses as may assist in the implementation of this Act. Requires the Director to establish a commodity control list of any goods or technology subject to export controls under this Act. Prohibits the imposition of export controls on goods or technology for foreign policy or national security reasons if the President determines that adequate evidence has been presented to show that: (1) comparable goods or technology are available from foreign sources without restriction in significant quantities; and (2) the absence of such controls would not be detrimental to the foreign policy or national security of the United States. Declares that no authority or permission to export may be required under this Act except to carry out the policies set forth in this Act. Authorizes the President to delegate the authority conferred on the President by this Act. Requires the Director to keep the public informed of changes in export control policy and procedures instituted in conformity with this Act. Authorizes the President, in order to carry out the national security export control policy, to impose export controls on any goods or technology subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction. Grants the Secretary of Defense the right to review any export application subject to national security controls. Requires the Director to publish in the Federal Register a notice of any revision with respect to any goods or technology, or with respect to the countries or destinations affected by national security export controls. Requires the Director to notify an applicant whenever the Director denies an export license for national security reasons. Requires the Director, in issuing regulations to carry out national security controls, to emphasize: (1) safeguards to prevent a country that poses a threat to U.S. security from diverting covered goods and technologies to military use; and (2) the need to prevent the reexport of such goods and technologies to countries that pose a threat to U.S. security. Declares that U.S. policy toward individual countries shall not be determined solely on the basis of a country's communist or noncommunist status. Sets forth other factors to be considered. Directs the President to review controls maintained cooperatively with other nations at least once every three years. Directs the President to review other controls annually. Requires the Director to establish and maintain a national security control list as a part of the commodity control list. Directs the Secretary of Defense and appropriate Federal agencies to identify goods and technology for inclusion on the national security control list. Requires the Director to issue regulations providing for review and revision of the national security control list. Makes the Secretary primarily responsible for including in the national security control list certain militarily critical technologies. Establishes a National Security Control Agency within the Office of the Under Secretary of Defense for Policy to assist in carrying out the national security export control policy responsibilities of the Secretary. Requires the Secretary to report annually to Congress on actions taken with respect to national security export controls. Expresses the intent of Congress to encourage the use of a qualified general license instead of a validated license. Authorizes the Director to require a qualified general license instead of a validated license for the export of goods or technology which are subject to national security controls except where: (1) the export of such goods or technology is restricted pursuant to a multilateral agreement which requires the approval of the parties to the agreement; or (2) the United States is seeking the agreement of other suppliers to apply comparable controls and a validated license is necessary in the Director's judgement until such agreement is reached. Requires the Director, in consultation with the Secretary and other appropriate agencies, to review the foreign availability to countries to which exports are controlled for national security purposes of any goods or technology the export of which requires a validated license. Prohibits the Director from requiring a validated license if the Director determines that sufficiently comparable goods or technology are available from foreign sources so that the requirement of a validated license does not achieve its intended purpose, unless the absence of export controls would prove detrimental to the national security. Requires the Director to approve any application for a validated license for the export of goods or technology to a country which meets the application requirements if the Director determines sufficiently comparable goods or technology are available from foreign sources. Requires a finding of foreign availability to be based on reliable evidence (uncorroborated representations by license applicants are not sufficient). Declares that a technology or good subject to national security export controls which is not possessed by a nation or combination of nations threatening to national security may not be deemed to be available from foreign sources until the Secretary of State verifies that negotiations with the foreign sources have been undertaken. Directs the President to negotiate with governments of countries possessing such technologies or goods to prevent them from becoming available to hostile countries. Requires the Director to establish within the Office a capability to monitor the foreign availability of goods or technology subject to export controls under this Act. Requires the National Security Control Agency and other Federal agencies responsible for export controls to share information concerning foreign availability of such goods and technology if specified conditions are met. Requires the Director to appoint technical advisory committees to advise and assist the Director, the Secretary, and other Federal agencies in carrying out the national security export control policy. Requires the Director to remove the requirement of a validated export license with respect to any goods or technology which a technical advisory committee certifies as being sufficiently available from foreign sources so that the requirement of a validated license does not achieve its purpose, unless the absence of export controls would prove detrimental to the national security. Directs the President to enter into negotiations with the governments participating in the group known as the Coordinating Committee to reach agreements: (1) to publish a list of items controlled for export by agreement of the Committee; (2) to hold periodic meetings to discuss export control policy issues; and (3) on more effective enforcement procedures. Requires U.S. nongovernmental entities, except certain schools, which enter into a commercial agreement with the government of a foreign country to which exports are restricted for national security purposes to report the agreement to the Director. Directs the Secretary of State to negotiate with other countries regarding their cooperation in restricting the export of goods and technology. Requires the Director to deny all further exports to any party or parties responsible for the diversion of U.S. exports to unauthorized uses, regardless of whether such goods or technology are available from sources outside the United States. Authorizes the Director to take other appropriate steps to deter further unauthorized use of the previously exported goods or technology. Requires the Director to take such action when there is reliable evidence that goods or technology which were exported subject to national security controls have been diverted to an unauthorized use or consignee in violation of an export license. Authorizes the President to impose export controls on any goods, technology, or other information subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction to the extent necessary to further U.S. foreign policy or to fulfill U.S. international obligations. Terminates such controls after one year, unless extended by the President. Requires the Director to notify an applicant whenever the Director denies an export license for foreign policy reasons. Authorizes the Secretary of State to review any export license application for foreign policy reasons. Sets forth factors the President shall consider when imposing, expanding, or extending export controls for foreign policy reasons. Requires the Director to consult with affected U.S. industries before imposing foreign policy export controls. Requires the President to determine that reasonable efforts have been made to achieve the purposes of the controls through alternative means before resorting to export controls. Directs the President to consult with Congress before imposing any foreign policy export controls. Requires the President to notify Congress whenever the President imposes, expands, or extends foreign policy export controls. Declares that this Act does not authorize export controls on medicine or medical supplies. Prohibits the imposition of export controls, on food if they would cause measurable malnutrition, unless the President determines that: (1) those controls are necessary to protect national security interests; or (2) arrangements are insufficient to ensure that food will reach those in need. Requires Congress to be notified of findings concerning proposed export controls on food. Expresses the intent of Congress that the President not impose export controls on goods or technology if the effect of such exports would be to help meet basic human needs. Requires the President to try to conclude negotiations with appropriate foreign governments to secure the cooperation of such governments in controlling exports to countries to which U.S. foreign policy export controls apply. Declares that certain provisions of this Act shall not apply if foreign policy export controls are imposed to meet international obligations. Requires the Director and Secretary of State to notify the appropriate congressional committees before approving export licenses for goods or technology valued at more than $7,000,000 to countries which: (1) have repeatedly supported international terrorism; and (2) would benefit militarily or would have an enhanced ability to support international terrorism. Authorizes the Director to approve exports of crime control and detection instruments only pursuant to a validated export control license. Exempts certain countries from such requirements. Requires the Director to establish and maintain a foreign policy export control list as part of the commodity control list. Requires the list to be reviewed once every three years with respect to controls maintained cooperatively with other countries and annually with respect to other controls. Authorizes the President to impose export controls on goods subject to U.S. jurisdiction or exported by persons subject to U.S. jurisdiction where necessary to protect the domestic economy from short supplies. Requires export licenses for goods in short supply to be allocated on the basis of factors other than prior history of exportation. Requires the Director to publish notice in the Federal Register of short supply export controls and to elicit comments on the impact of such restrictions and the method of licensing used to implement them. Authorizes the imposition of export license fees. Directs the Secretary of Commerce to monitor exports and export contracts of goods when the volume of exports in relation to domestic supply contributes or may contribute to an increase in domestic prices or a domestic shortage and such price increase or shortage has or may have a serious adverse effect on the economy. Requires the results of the monitoring to be reported on a regular basis. Requires the Director to consult with the Secretary of Energy on whether monitoring or export controls are warranted with respect to energy-related materials. Authorizes any entity representative of an industry or a substantial segment of an industry which processes recyclable metallic materials with respect to which short supplies may have a significant adverse effect on the national economy to petition the Director to monitor the exports and/or impose export controls on such materials. Sets forth the procedure for making such petition. Requires the Director, in consultation with the Secretary of Commerce, to decide whether to impose monitoring or controls on such materials within 45 days of the end of the public hearings on such petition. Authorizes the Director to determine that a petition filed with respect to the same materials within six months after consideration of a prior petition does not merit complete consideration. Authorizes the Director to impose temporary monitoring or controls on such materials pending the final decision on whether to impose such monitoring or controls. Prohibits, with specified exceptions, exports of domestically produced crude oil transported by pipeline over the right-of-way granted pursuant to the Trans-Alaska Pipeline Authorization Act, unless the President: (1) makes specified findings with respect to such exports, including that the exports protect the national interest; and (2) reports such findings to Congress and Congress adopts a concurrent resolution approving such exports. Authorizes the President to export oil to any country pursuant to a bilateral international oil supply agreement entered into before June 25, 1979, or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. Prohibits the export of refined petroleum products except pursuant to an export license. Requires the Director to notify Congress within five days of receiving an application for an export license for a refined petroleum product or residual fuel oil. Prohibits granting such a license earlier than 30 days after notifying Congress, unless the President certifies to Congress that the proposed export is vital to the national interest. Exempts from such prohibition certain exports to historical trading partners and exports of small amounts of refined petroleum products. Excludes from such export controls certain petroleum products refined from foreign crude oil in U.S. Foreign Trade Zones or in Guam unless the Director finds that such products are in short supply. Prohibits use of the authority to impose short supply export controls with respect to agricultural commodities without the approval of the Secretary of Agriculture. Prohibits the Secretary of Agriculture from approving such export controls if the supply of the commodity exceeds the requirements of the domestic economy except to the extent that the President determines that such exercise of authority is required to carry out national security policies or foreign policies. Authorizes, upon the approval of the Director in consultation with the Secretary of Agriculture, the storage in the United States of agricultural commodities purchased by or for use in a foreign country. Provides that such commodities shall be free from any export controls that may be imposed to carry out short supply export controls. Prohibits the Director from granting such approval unless specified conditions are met. Requires the President to report to Congress on any export controls imposed on agricultural commodities for foreign policy or short supply reasons. Terminates such controls if the Congress adopts, within 30 days, a concurrent resolution disapproving them. Authorizes the Director to exempt barter agreements from any export quotas imposed to carry out the policy on short supplies, if the Director makes certain findings. Requires a validated license for the export of unprocessed western red cedar logs harvested from State or Federal lands. Requires the Director to impose export quotas on unprocessed western red cedar logs during the three years beginning on the effective date of the Export Administration Act of 1979. Prohibits any exports of such logs at the end of the three year period. Requires the Director to allocate export licenses for such logs. Prohibits the export by sea of horses, unless the Director waives the prohibition after determining that the horses are not being exported for slaughter. Directs the President to issue regulations prohibiting any U.S. person from taking or knowingly agreeing to take certain actions with intent to comply with or support a foreign boycott against a country which is friendly to the United States and which is not the object of a U.S. boycott. Lists the actions to be prohibited by such regulations and exceptions to the prohibitions. Requires the regulations issued under the foreign policy export controls provisions to supplement other regulations issued by the President against supporting foreign boycotts. Requires such regulations to require U.S. persons who are asked to comply with a foreign boycott to report that fact, and any other necessary information, to the Director. Provides that these provisions preempt all other laws or regulations pertaining to foreign boycotts. Sets forth the procedures for obtaining hardship relief from export controls. Permits petitions to be filed with the Director by any person who has historically imported goods from the United States or who has historically exported such goods. Requires the Director to notify the petitioner of a grant or denial of such relief within 30 days of receipt of the petition. Sets forth factors to be considered in deciding whether to grant or deny such relief, including the effect of granting such relief upon the basic objectives of the short supply control program. Sets forth the procedures for processing export license applications. Requires all export license applications required under this Act to be submitted to the Director. Expresses the intent of Congress that, to the maximum extent possible, the Director shall make the determinations with respect to such applications without referring to other agencies. Requires such agencies to cooperate with the Director when the Director seeks their assistance. Requires the Director to complete initial screening of an application within ten days. Requires the Director to deny or grant a license within 90 days if there is no need to refer the application to another agency. Requires the Director to refer the application to other agencies, if necessary, within 30 days of submission. Requires the agency to review the application and submit its recommendation within 30 days of receiving it. Authorizes granting the agency an additional 30 days to review the application. Requires the Director to grant or deny a license within 90 days of receiving the recommendation of other agencies. Authorizes the Director to take more than 90 days if the application is of exceptional importance and complexity. Authorizes the Secretary of Defense, notwithstanding any other provisions of the law, to review proposed exports of goods or technology to any country to which exports are controlled for national security purposes. Authorizes the Secretary to recommend to the President that such exports be disapproved if they would militarily benefit such country to the detriment of the security of the United States. Requires the President to report to Congress whenever the President modifies or overrules a recommendation of the Secretary of Defense with respect to the export of goods controlled for national security purposes. Prohibits issuing an export license for an article subject to multilateral controls until after the multilateral review. Requires a license approved by the Director to be issued if the multilateral review is not completed within 60 days, unless the Director determines that the license would prove detrimental to U.S. national security. Requires the Director to notify Congress and the applicant of such determination, the reasons for it, the reasons the multilateral review was not concluded, and the actions planned to secure the conclusion of the multilateral review. Sets forth the procedures to be followed to appeal the denial of a license. Sets forth civil and criminal penalties for violations of this Act. Sets forth the powers of agencies to investigate possible violations of this Act. Provides for protecting the confidentiality of information submitted in compliance with this Act. Requires the Director to try to simplify regulations issued under this Act and the commodity control list. Exempts the functions exercised under this Act from certain provisions relating to administrative procedure and judicial review. Expresses the intent of the Congress that there be public participation in the formation of regulations issued under this Act. Requires the Director to submit an annual report to Congress on the administration of this Act. Sets forth information to be detailed in such report, including a report on the need to impose export controls other than those subject to multilateral controls or more stringent than the multilateral controls. Transfers to the Office of Strategic Trade the functions and authorities of the State Department's Office of East-West Trade with respect to the munitions list and such other functions and authorities as the Director, in consultation with the Director of the Office of Management and Budget, determine to be appropriate. Requires the President to coordinate the authority granted to the President under this Act with the authority provided for the control of arms exports under the Arms Export Control Act. Makes certain civil aircraft equipment which is to be exported to a country other than a controlled country subject to export controls exclusively under this Act. Requires export license applications which are ordinarily referred to the Subgroup on Nuclear Export Coordination or some other interagency group to be governed by the provisions relating to foreign boycotts only to the extent that the foreign boycott provisions are consistent with the procedure published pursuant to the Nuclear Non-Proliferation Act of 1978. Supersedes the Mutual Defense Assistance Control Act on October 1, 1979. Requires authorizing legislation before any appropriation can be made to the Commerce Department for expenses to carry out this Act. Authorizes appropriations to the Defense Department to carry out this Act for FY 1984 through 1987.
United States · United States Congress · 3 February 1983
Amends the Internal Revenue Code to provide that for taxpayers who receive agricultural commodities under a Federal payment-in-kind program: (1) no income shall be treated as realized by receipt of such commodities; but, (2) any gain realized from the sale or exchange of such commodities shall be included in gross income and shall be treated as ordinary income. Treates such commodities as commodities produced on acreage divested from agricultural use for purposes of the estate tax valuation of farm property.
![Official portrait of Sen. Abdnor, James [R-SD]](https://www.congress.gov/img/member/a000009_200.jpg)