United States · United States Congress · 7 October 1983
Authorizes the President to present, on behalf of Congress, a gold medal to Lady Bird Johnson in recognition of her humanitarian efforts and contributions to the beautification of America. Directs the Secretary of the Treasury to provide for the striking of such medal and bronze duplication for sale to the public. Declares such medals to be national medals. Authorizes appropriations.
United States · United States Congress · 7 October 1983
Expresses the sense of the Senate that: (1) the President and the Secretary of State should, in formulating U.S. foreign policy, recognize and take into account the genocide of the Armenian people; and (2) the President should direct his representatives to communicate in international forums the U.S. abhorrence to the genocide of the Armenian people.
United States · United States Congress · 6 October 1983
Declares that it should be U.S. policy to: (1) support the people of Afghanistan in their struggle to be free from foreign domination; (2) provide the Afghans, upon request, with material assistance; and (3) pursue a negotiated settlement of the war in Afghanistan based on the total withdrawal of Soviet troops and the recognition of the right of the Afghans to choose their own destiny.
United States · United States Congress · 5 October 1983
Expresses the sense of the Congress that the President should appoint a special envoy to investigate and report on how the United States could assist Ireland, Great Britain, and communities in Northern Ireland to arrive at a peaceful resolution of the conflict in Northern Ireland.
United States · United States Congress · 30 September 1983
Amends the National School Lunch Act and the Child Nutrition Act of 1966 to increase Federal school meal (lunch and breakfast) reimbursement. Amends the National School Lunch Act to provide funds to the States for donated commodity storage and transportation. Eliminates the tie between eligibility for such program and for the food stamp program. Delays the requirement that local school authorities verify application information until the completion of an Omnibus Budget Reconciliation Act of 1981 pilot study. Excludes certain medical expenses from household income for program eligibility purposes. Lowers the student cost of reduced-price lunches. Increases the number of reimbursable meals and snacks under the child care food program. Amends such Acts to eliminate private school tuition eligibility limits. Amends the Child Nutrition Act of 1966 to permit all kindergarten children in nonprofit schools to participate in the special milk program. Increases reimbursement amounts for breakfast nutrition improvement. Lowers the student cost of reduced-price breakfasts. Makes the existing nutrition education authorization permanent.
United States · United States Congress · 29 September 1983
Condemns the Soviet Union's systematic disregard for human life and liberties and urges the President to: (1) proclaim May 28, 1984, as a day to commemorate the fiftieth anniversary of the introduction of the original resolution on the Ukrainian famine in the House of Representatives; (2) call the attention of the world to the Soviet policies which caused Ukrainian deaths by famine during 1932 through 1933; and (3) urge the Soviet Union to remove restrictions on the shipment of food and other necessities to Soviet citizens by private individuals and charitable organizations.
United States · United States Congress · 21 September 1983
Credit and Debit Card Counterfeiting and Fraud Act of 1983 - Amends the Federal criminal code to make it an offense to knowingly and with intent to defraud produce, buy, sell, or transfer a credit card or account which is counterfeit, forged, lost, or stolen. Makes it a Federal offense to possess with the intent to defraud five or more credit cards or fraudulent payment devices. Makes it unlawful to produce, buy, sell, transfer, or possess equipment used in the production of such fraudulent payment devices. Includes within the prohibition of the Act any individual who attempts or conspires to commit any of these offenses. Authorizes the United States Secret Service to investigate offenses under this section.
United States · United States Congress · 14 September 1983
Title I: Short Title - Declares that this Act may be cited as the National Productivity and Innovation Act of 1983. Title II: Joint Research and Development Ventures - Provides that no joint research and development program shall be deemed illegal per se in any action under the antitrust laws. Limits to actual damages, interest thereon, and the cost of suit the amount that any person or State may recover in an antitrust action based on conduct that is part of such a program and that has been disclosed to the Attorney General and the Federal Trade Commission. Authorizes any individual participating in such a program to file with the Attorney General and the Commission a notification describing the program and specifying conduct to be performed under the program. Directs the Commission to publish in the Federal Register a notice of each such notification, including a description of the participants, the program, and its objectives. Declares that material submitted as part of such notification shall be available to the public upon request, unless the Attorney General or the Commission determines that the individual who submitted the notification shows good cause for not disclosing certain material. Allows an individual to withdraw a filed notification before it is published and accompanying material is made publicly available. Exempts actions and determinations of the Attorney General or the Commission concerning such notifications or antitrust actions or investigations from judicial review. Title III: Intellectual Property Licensing Under the Antitrust Laws - Amends the Clayton Act to provide that agreements to convey rights to use, practice, or sublicense patented inventions, copyrights, trade secrets, trademarks, know-how, or other intellectual property shall not be deemed illegal per se in actions under the antitrust laws. Limits to actual damages, interest thereon, and the cost of suit the amount that any person or State may recover in an antitrust action based on such an agreement. Title IV: Patent and Copyright Misuse - Prohibits a patent or copyright owner who is entitled to relief for patent or copyright infringement from being denied relief or being deemed guilty of misuse or illegal extension of the patent right or copyright by reason of doing any of the following, unless such conduct violates the antitrust laws: (1) licensing the patent or copyright under terms that affect commerce outside the scope of its claims; (2) restricting a licensee in the sale of a patented or copyrighted product; (3) obligating a licensee to pay excessive royalties, royalties that differ from those paid by other licensees, or royalties not related to a licensee's sale of the patented or copyrighted product; (4) refusing to license a patent or copyright to any person; or (5) otherwise using the patent or copyright allegedly to suppress competition. Title V: Process Patents - Requires a process patent to grant the patentee the right to exclude others from using or selling products produced by that process. Includes as patent infringement the unauthorized use or sale of a product of a patented process. Places the burden of proving that a product was not produced by the patented process on the defendant in a patent infringement action if the court finds that: (1) a substantial likelihood exists that the product was produced by that process; and (2) the claimant has exhausted all reasonable means of determining the process used and was unable to make such determination.
United States · United States Congress · 4 August 1983
National Narcotics Act of 1983 - Establishes within the executive branch an Office of the Director of National and International Drug Operations and Policy headed by a Director and Deputy Director appointed by the President. Authorizes the Director to develop, implement, and enforce U.S. Government policy with respect to illegal drugs. Requires the Director to submit an annual report to Congress on U.S. policy with respect to illegal drugs. Authorizes appropriations.
United States · United States Congress · 4 August 1983
Comprehensive Crime Control Act of 1983 - Title I: Bail - Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order detention for up to ten days: (1) if a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community; or (2) if such person is not a U.S. citizen. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Allows a defendant to file a motion for amendment of a condition of release. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Title II: Sentencing Reform - Sentencing Reform Act of 1983 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Authorizes the imposition of a term of probation in certain circumstances. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to E), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office. Title III: Forfeiture - Comprehensive Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; and (2) real and tangible and intangible personal property. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Allows the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and disposition of property. Creates a rebuttable presumption of forfeitability of certain property. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Sets forth procedures for an ancillary hearing to resolve third party claims. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to allow the Attorney General to transfer drug- related forfeited property to other Federal, State or local agencies. Establishes within the United States Treasury, the "Drug Assets Forfeiture Fund" to pay for maintenance of forfeited property, awards to informants, and valid liens and mortgages against such property. Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $5,000, or ten percent of the value of the claimed property, whichever is less. Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property and awards to informants. Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law. Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement. Increases from $50,000 to $150,000 the award of compensation given to informers for information leading to forfeiture. Grants customs officers arrest authority and the right to carry firearms. Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act. Provides that seizures of property effected by customs officers shall be governed by this Act. Title IV: Offenders with Mental Disease or Defect - Insanity Defense Reform Act of 1983 - Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution, that at the time of the commission of the acts constituting the offense, the defendant, as a result of mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title V: Drug Enforcement Amendments - Controlled Substances Penalties Amendments Act of 1983 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Amends the Controlled Substances Act to allow the Attorney General to place an uncontrolled substance under temporary controls which provide for registration, recordkeeping and criminal penalties. Provides for administrative changes in the registration of practitioners. Title VI: Justice Assistance - Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate the Law Enforcement Assistance Administration, including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance (OJA), to be headed by an Assistant Attorney General. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance. Establishes a Justice Assistance Board to: (1) advise and make recommendations to the Assistant Attorney General on research, statistics and program priorities; (2) review and evaluate demonstration programs and (3) undertake additional tasks the board deems necessary. Authorizes grants to States for programs that address critical problems of violent and serious crime and for programs which have been certified successful. Enumerates 12 criteria for the awarding of these grants. Limits the Federal share of the grant programs to a period of three years and includes a cash match requirement. Eliminates the current national priority grant programs. Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; and (3) national demonstration programs which are likely to be successful but unlikely to be funded. Establishes within the Office of Justice Assistance a Bureau of Criminal Justice Facilities. Directs the Bureau to make grants to States for the construction and modernization of correctional facilities. Provides for death benefits to the survivors of public safety officers (police and firemen). Authorizes the Director of the Federal Bureau of Investigation to train State and local criminal justice personnel. Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Authorizes appropriations for law enforcement assistance for each of FY1984 through 1987. Title VII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title VIII: Labor Racketeering Amendments - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 fines and/or five years' imprisonment. Adds intent to benefit a person not permitted to receive payments, loans, or delivery of money or other thing of value to a labor organization in payment of membership dues, to a joint labor-management trust fund, or to a plant, area, or industry-wide labor-management committee as an element of violations involving those transactions. Grants civil jurisdiction to U.S. district courts over suits brought by: (1) the United States alleging a violation involving those transactions; or (2) any person directly affected by violations by restrictions on financial transactions under such Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise prohibitions against persons guilty of criminal offenses holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases, from five years to ten years, the time during which a convicted individual is prohibited from holding such offices or positions, but permits a lesser period to be set by the sentencing court under specified circumstances. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Raises, from one year to five years, the maximum time of imprisonment for violations of such prohibitions. Provides that any salary payable but for such prohibitions shall be placed in escrow pending final disposition of any appeal. Title IX: Currency and Foreign Transactions Reporting Act Amendments - Increases penalties for currency violations and authorizes payments of rewards for information leading to the recovery of a criminal fine, civil penalty or forfeiture. Allows U.S. Customs agents to conduct border searches relating to currency offenses. Title X: Miscellaneous Violent Crime Amendments - Provides Federal jurisdiction over murder-for-hire and crimes in aid of racketeering activity. Makes it a Federal offense to solicit an individual to commit a crime of violence. Revises the felony-murder rule. Provides minimum mandatory sentences for the use of firearms during a Federal crime of violence. Allows for an additional mandatory sentence for the use of armorpiercing bullets in the course of Federal crimes. Makes it a Federal offense to kidnap or assault Federal officers or employees, in the performance of their duties or to commit a crime against any family members of Federal officials. Amends the Major Crimes Act to include the crimes of maiming and sodomy. Includes trucks in the definition of "motor vehicle" for purposes of the prohibition against destruction of motor vehicles. Makes it a federal offense to knowingly and willfully damage the property of an energy facility. Provides for criminal penalties for any individual who escapes from civil commitment. Makes changes in the procedure governing interstate rendition and extradition of foreign criminals found in the United States. Amends the Federal criminal code to include within the protected class, for purposes of the prohibition against arson, public safety officers injured within the course of their duty. Pharmacy Protection and Violent Offender Control Act of 1983 - Establishes penalties for taking or attempting to take a controlled substance from a pharmacy, both with or without dangerous weapons. Requires the Department of Justice to include data on such crimes in its annual Uniform Crime Report. Title XI: Serious Nonviolent Offenses - Amends the Federal criminal code dealing with the sexual exploitation of children. Increases the criminal fines for violation of this section by individuals from $10,000 to $75,000 (from $15,000 to $150,000 for a second or subsequent offense). Sets a fine of $250,000 for organizations. Provides for both criminal and civil forfeiture. Requires the Attorney General to report annually to Congress on the number of cases and convictions, and the dollar amount received in forfeiture, under this section. Makes it a Federal offense for any person to give warning of an impending execution of a search warrant. Establishes a Federal offense regarding fraud or bribery in programs receiving Federal funds. Makes it a Federal crime to counterfeit or forge state or corporate securities. Revises provisions relating to receipt of stolen bank property, bribery and fraud. Provides penalties for any inmate in a Federal penal or correctional institution who possesses any contraband article. Livestock Fraud Protection Act - Provides penalties for theft of livestock. Title XII: Procedural Amendments - Makes certain procedural amendments allowing certain juveniles to be prosecuted as adults. Amends the Omnibus Crime Control and Safe Streets Act to provide for emergency interception of wire or oral communications before an order authorizing such interception can be obtained. Modifies the venue statute for threat offenses, and certain tax offenses. Authorizes the Attorney General to initiate a civil proceeding in a district court to enjoin a violation of the mail fraud statutes. Authorizes a government appeal after any decision, judgment or order in a district court granting a new trial. Amends the provisions dealing with witness relocation and protection.
United States · United States Congress · 3 August 1983
Amends the Social Security Disability Amendments of 1980 to make permanent the provisions of title XVI (Supplemental Security Income) of the Social Security Act concerning benefits for individuals who perform substantial gainful activity despite a severe medical impairment.
United States · United States Congress · 3 August 1983
Urges the Secretary of Education to postpone further action on the reorganization of certain programs in the Department of Education until a study by the General Accounting Office determines that such reorganization would not reduce the ability of the Department to achieve the goals intended by Congress when it authorized the affected programs.
United States · United States Congress · 26 July 1983
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage, when such beverage has substantial competition from other malt beverages in an area, from: (1) entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State; or (2) limiting such distributor to the sale of such beverage for ultimate resale to consumers in such area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 25 July 1983
Voting Rights for the Handicapped and the Elderly Act - Directs the Attorney General to promulgate guidelines to assure that registration and polling place facilities used for Federal elections are readily accessible to handicapped and elderly individuals. Sets forth minimum requirements for these guidelines. Requires States to make available registration and voting aids for handicapped and elderly individuals in Federal elections. Authorizes the Attorney General and aggrieved persons to bring actions in Federal court to enforce this Act.
United States · United States Congress · 20 July 1983
Veterans' Dioxin and Radiation Exposure Compensation Standards Act - Creates, upon the appropriate findings by the Administrator of Veterans Affairs, a presumption of service-connected disability for compensation purposes for any veteran who was exposed to radiation or toxic chemicals while actively serving in the armed forces under specified conditions and who is now suffering from a disability or disorder symptomatic of such exposure. Maintains such presumption even in the absence of records. Directs the Administrator of Veterans Affairs to establish guidelines and criteria for resolving claims for benefits resulting from a service-connected death or disability based on a veteran's exposure during service on active duty to: (1) herbicides containing dioxin in Vietnam during the Vietnam era; or (2) ionizing radiation from the detonation of a nuclear device, either in connection with testing or the American occupation of Hiroshima or Nagasaki, Japan, prior to July 1, 1946. Sets forth procedures for the development of such regulations, including: (1) opportunities for public hearings and comment; and (2) amendment of such regulations upon the annual reporting of the results of the epidemiological study on the effects of exposure to agent orange required by the Veterans' Health Programs Extension and Improvement Act of 1979.
United States · United States Congress · 14 July 1983
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish within 60 days a National Commission on Neurofibromatosis which shall formulate a plan to identify the research needed to develop an effective treatment and a cure for neurofibromatosis. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires the Commission to make a final report to the President and to each House of Congress within two years. Terminates the Commission three months after submission of the final report.
United States · United States Congress · 20 June 1983
Directs the Secretary of Agriculture to release to the State of Delaware certain reversionary interests in specified lands in Sussex County. Conditions such release upon certification by the Secretary of the Delaware Department of Natural Resources that specified wetlands, marsh, or shore lands have been dedicated to public purposes. Requires such certification to include: (1) a legal description of the lands; and (2) a legal opinion that title to such lands vests in the State of Delaware; and (3) that a public purpose restriction applies to such lands.
United States · United States Congress · 15 June 1983
Highway Use Tax Equalization Act of 1983 - Amends the Internal Revenue Code to repeal the highway use tax on heavy trucks. Increases the excise tax on diesel fuel from nine cents per gallon to 12 cents per gallon in 1983 and from 12 cents per gallon to 14 cents per gallon in 1984. Requires the Secretary of the Treasury to prescribe regulations exempting from such increases diesel fuel used in automobiles and light trucks.
United States · United States Congress · 8 June 1983
Fair Tax Act of 1983 - Title I: Reduction of Individual and Corporate Tax Rate - Subtitle A: Reduction of Rates - Amends the Internal Revenue Code to revise individual tax rates. Imposes a flat tax rate of 14 percent on the taxable income of individuals. Imposes a surtax of between 12 and 16 percent of the amount by which adjusted gross income exceeds specified levels. Imposes a flat tax rate of 30 percent on the taxable income of estates and trusts. Imposes a flat tax rate of 30 percent on the taxable income of corporations. Subtitle B: Increase in Personal Exemption for Taxpayer and Standard Deduction - Increases the personal exemption for an individual taxpayer and spouse to $1,600 and $1,800 for an individual who is a head of a household. Raises the standard deduction to $6,000 in the case of a joint return or a surviving spouse or $3,000 in the case of an individual, or a married individual filing a separate return. Subtitle C: Repeals Related to Reduction in Rates - Repeals provisions relating to: (1) tax tables for individuals; (2) minimum tax for tax preferences; (3) personal service corporations; (4) special averaging rules for lump-sum distributions; (5) accumulated corporate surplus; (6) personal holding companies; (7) income averaging; and (8) graduated corporate tax rates. Repeals the indexing of tax rates. Applies the trust throwback rules only to amounts distributed from foreign trusts. Title II: Base Broadening-Subtitle A: Credits - Repeals the general tax credit, the investment tax credit, the possessions tax credit and the income tax credits relating to: (1) the elderly and the permanently and totally disabled; (2) contributions to candidates for public office; (3) home purchases; (4) residential energy conservation; (5) producing fuel from a nonconventional source; (6) alcohol used as fuel; (7) increasing research activities; (8) employee stock ownership; and (9) clinical testing for certain drugs. Allows an income tax deduction for household and dependent care expenses necessary for employment. (Present law allows an income tax credit for such expenses.) Subtitle B: Exclusions - Repeals the partial income tax exclusion for interest and dividends. Repeals the exclusion for: (1) qualified transportation furnished by an employer; (2) cafeteria plans furnished by an employer; (3) dependent care assistance programs; (4) dividend reinvestment in public utilities; (5) payments to encourage mining for defense purposes; (6) earned income of citizens living abroad; (7) certain allowances; (8) income from sources within the United States; and (9) income from sources within Puerto Rico. Treats as taxable income: (1) tier two railroad retirement benefits; (2) amounts paid by an employer for group-term life insurance; (3) unemployment compensation; (4) the annual increase in the cash surrender value of life insurance policies; (5) interest on industrial development bonds and mortgage subsidy bonds; and (6) amounts contributed by an employer to accident and health plans. Provides that the transfer of a corporation's stock in satisfaction of indebtedness will be treated as having satisfied the indebtedness with money equal to the fair market value of the stock. Provides a limited exclusion from income for scholarships and fellowships. Imposes the surtax on the gain from the sale of a principal residence. Amends the Merchant Marine Act to repeal the tax exemption for deposits into, and withdrawals from, a capital construction fund. Subtitle C: Deductions - Repeals the deduction for two-earner married couples, and the deduction for adoption expenses. Limits the amount of the interest deduction for individuals. Repeals the deduction for State and local personal property and sales taxes. Restricts the charitable contribution for corporations to 50 percent of the charitable contributions during the year. Increases the floor on the deduction for medical and dental expenses from five percent to 10 percent. Subtitle D: Repeal of Special Capital Gains Treatment - Repeals the alternative tax on capital gains for corporations, and the deduction for individuals for capital gains. Limits the amount of the capital loss deduction without regard to distinctions between short term and long term capital losses. Eliminates the distinction between short-term and long-term gains and losses. Title III: Capital Cost Recovery-Subtitle A: Simplified Cost Recovery Systems - Allows individuals and corporations a deduction from gross income for a percentage of the balance in a recovery account for each year. Includes in the recovery account the cost of recovery property which is depreciable property used in a trade or business or held for the production of income which is placed in service after December 31, 1984. Establishes six classes of recovery property and specifies a class life for each. Assigns property to each class according to the class life of the property. Sets forth rules for the calculation of the recovery percentage on the basis of the class life of the property. Allows individuals and corporations a deduction for depletable property determined as a percentage of the balance in a recovery account for each year. Establishes six classes of depletable property and assigns a class life to each. Assigns a ten year class life for oil, gas, and geothermal wells. Subtitle B: Other Changes - Repeals the income tax deductions for: (1) intangible drilling and development costs for oil, gas, and geothermal wells; (2) depreciation; (3) amortization of pollution control facilities; (4) improvements made by a leasee on a lessor's property; (5) certain depreciable assets; (6) amortization of reforestation expenditures; (7) percentage depletion; (8) development expenditures; and (9) mining and exploration expenditures. Allows a ten year period for the amortization of construction period interest and taxes. Allows a deduction of circulation expenses for a newspaper, magazine, or other periodical ratably over a ten-year period. Excludes amounts chargeable to a capital account from such treatment. Provides for the deduction of 50 percent of tertiary injectant expenses in the taxable year and 50 percent of such expenses in the succeeding taxable year. Title IV: Miscellaneous Provisions - Subtitle A: Foreign Income - Requires an individual who owns stock in a corporation which is a controlled foreign corporation to include in income a pro rata share of the corporations's earnings and profits for such year. Reduces such amount by any amount required to be included in in income by reason of the amount being foreign personal holding company income. Repeals the domestic international sales corporations (DISC) provisions for taxable years beginning after December 31, 1984. Subtitle B: Other Miscellaneous Provisions - Repeals the tax exemption for credit unions. Reduces the limit on benefits which may be paid to a participant under defined benefit plans and defined contribution plans. Repeals the cost-of-living adjustment for defined benefit plans. Continues the cost-of-living adjustment for purposes of calculating a participant's average compensation for his high three years. Requires farmers to compute their taxable income using the accrual method of accounting with the capitalization of preproduction expenses. Exempts taxpayers who do not have gross receipts exceeding $1,000,000. Requires farming syndicates to use the accrual method of accounting without regard to gross receipts. Provides that farmers who must use the accrual method cannot expense the following: (1) soil and water conservation expenditures; (2) fertilizer; and (3) expenses for clearing land. Requires that the deferral of income or loss must be taken into account in determining tax liability under completed contract method of accounting. Requires that the taxpayer with adjusted gross income in excess of $100,000 must make estimated payments equal to 90 percent of current year tax. Requires the recognition of the gain or loss on distributions of property by corporations. Eliminates the special bad debt reserves of financial institutions. Title V: Effective Dates - Sets forth the effective dates of the provisions of this Act.
United States · United States Congress · 6 June 1983
Expresses the sense of the Congress that the continuing possibility that the provisions of the Internal Revenue Code relating to withholding of tax from interest and dividends will be repealed is creating, for all payors, an undue hardship within the meaning of the Tax Equity and Fiscal Responsibility Act of 1982, and that the Secretary of the Treasury should exercise his authority under such Act to delay the effective date of such provision until December 31, 1983.
United States · United States Congress · 19 May 1983
Freedom of Information Protection Act of 1983 - Amends the classified information exemption under the Freedom of Information Act to require that matters withheld from disclosure: (1) be reasonably expected to cause "identifiable damage" to national security; and (2) satisfy a balancing test so that "the need to protect the information outweighs the public interest in disclosure." Limits Federal court review of an agency's decision to withhold classified information based on the balancing test.
United States · United States Congress · 17 May 1983
Rural Electrification and Telephone Revolving Fund Self-Sufficiency Act of 1983 - Amends the Rural Electrification Act of 1936 (REA) to eliminate the requirement for a State certificate of convenience and necessity before the Administrator may make loans to provide rural telephone service. Revises the liabilities and uses of the Rural Electrification and Telephone Revolving Fund established under the REA to provide that notes of the Administrator to the Secretary of the Treasury to obtain funds for loans shall be equity capital of the Fund. States that assets of the Fund shall be available only for: (1) payment of interest and principal on loans to the Administrator from the Secretary; and (2) for certificates of beneficial ownership issued to the Secretary or in the private market. Requires the Administrator to maintain two separate accounts within the Fund: (1) the Electrification Account; and (2) the Telephone Account. Lists the items that shall be accounted for in each Account respectively, and restricts the purposes for which the assets of each Account shall be available. Authorizes the Administrator to repurchase specified certificates of beneficial ownership under certain conditions affecting their interest rates. Establishes guidelines for interest-bearing insured loans made by the Administrator to electric and telephone borrowers. Requires the Secretary of Agriculture to request in each annual supplemental budgets estimate the amount needed to replenish the Fund for anticipated and actual costs resulting from loans made at less than a specified rate during the preceding fiscal year. Directs the Administrator to guarantee loans to specified borrowers or to accommodate or subordinate liens or mortgages held in the Fund, according to prescribed rules and regulations. Directs the Administrator to promulgate such rules and regulations within ninety days after the effective date of this Act. Prescribes guidelines under which certain lenders are authorized to adjust interest rates on loans guaranteed by the Administrator. Requires rural electrification borrowers to obtain concurrent supplemental financing according to prescribed guidelines in any fiscal year in which the minimum loan level for insured rural electrification loans is less than $1,000,000,000. Repeals certain provisos governing the loan-making authority of the Governor of the Rural Telephone Bank which require approval by the Secretary of Agriculture of facilities or lines to be acquired with such loans. Eliminates loan restrictions placed upon potential borrowers whose net worth exceeds their assets by twenty percent.
United States · United States Congress · 17 May 1983
Patent Term Restoration Act of 1983 - Amends the patent law to extend the terms of patents which encompass specified products or methods for using or producing 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 · 17 May 1983
Expresses the support of the Senate 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 · 16 May 1983
Education for Economic Security Act - Title I: National Science Foundation Mathematics and Science Programs - Part A: Teacher Institutes - Authorizes the National Science Foundation (the Foundation) to make grants to local educational agencies (LEAs) and institutions of higher education, applying jointly, for teacher institutes to enhance the subject matter skills of public and private elementary and secondary school teachers of mathematics and physical and life sciences. Sets forth application requirements for such grants. Directs the Director of the Foundation: (1) to assure an equitable distribution of such institutes among and within States; and (2) award at least one institute in each State. Limits any such grant to a single applicant to $200,000 in any fiscal year. Permits such institutes to involve the cooperation of advance technology and other businesses able to assist in mathematics and science teaching. Directs the Foundation to ensure that consideration is given to applications designed to meet the needs of underrepresented and underserved populations. Part B: Mathematics and Science Education Development Programs - Authorizes the Foundation to enter into agreements with institutions of higher education or LEAs for programs and materials for: (1) training, retraining, and inservice training of elementary and secondary school teachers in the fields of mathematics and science, including physical and life sciences; and (2) elementary and secondary school courses of study in such fields. Sets forth application requirements for grants and cooperative agreements under this part. Directs the Foundation to ensure that consideration is given to applications designed to meet the needs of underrepresented and underserved populations. Part C: Science and Mathematics Excellence in Teaching Awards - Authorizes the Foundation to make excellence in teaching mathematics and science awards of $5,000 each to elementary and secondary school teachers. Directs the Foundation to adopt selection procedures designed to assure that such awards will be equitably distributed among the States. Sets forth application requirements for such awards. Part D: Congressional Merit Scholarships - Congressional Merit Scholarships in Mathematics, Science, and Engineering Education - Authorizes the Foundation to award scholarships to individuals enrolled at institutions of higher education who demonstrate outstanding potential for, and who plan to pursue, careers in teaching mathematics or science in elementary or secondary schools. Limits the period of such a scholarship to: (1) four academic years at any institution of higher education offering educational activities designed to prepare individuals for such careers; and (2) periods of study commencing not sooner than the third undergraduate year. Requires such individuals to concentrate, at the undergraduate level, in: (1) mathematics or science, and indicate a serious intent to teach such subject at the elementary or secondary school level; or (2) engineering, and indicate a serious intent to teach such subject at the postsecondary level, in an engineering discipline which the Foundation has determined a shortage of qualified teachers. Authorizes the Foundation to establish criteria for the selection of merit scholars. Limits the number of scholars selected to two times the number of Members of Congress from each State (and ten individuals in the case of the District of Columbia and the Commonwealth of Puerto Rico). Requires each merit scholarship recipient to agree to pursue such a teaching career for at least two years for each academic year in which the scholarship is received. Sets each merit scholarship award at $5,000 for each academic year of study. Conditions scholarship payment upon the student's maintaining satisfactory progress and full-time study. Authorizes the Foundation to require reports on student progress. Part E: Discretionary Funds of the Director - Authorizes the Director of the Foundation, from funds available for this part, to make grants to, and enter into contracts with, any public agency or any private organization to carry out any activity authorized by this title. Authorizes the Director to conduct directly or by grant or contract: (1) a faculty exchange program between institutions of higher education (particularly institutions having established and nationally recognized research facilities) and eligible institutions; and (2) programs of national significance promoting the improvement of instruction in the fields of mathematics, science, and engineering. (Defines "eligible institutions," for such purposes, as institutions of higher education which demonstrate a commitment to meet the special educational needs of students who are members of a minority group or who are economically or educationally disadvantaged and which: (1) have an enrollment which includes a substantial percentage of such students; or (2) are located in a community that is not within commuting distance of a major institution of higher education.) Part F: General Provisions - Sets forth administrative provisions granting the Foundation specified powers to carry out this title. Directs the Foundation to report annually to the President and the Congress on its operations under this title. Makes specified provisions under title II of this Act relating to participation of children and teachers from private schools applicable to payments under this title. Applies to programs under this part specified provisions of the General Education Provisions Act prohibiting Federal control of education. Authorizes appropriations to carry out: (1) part A for FY 1984 and 1985; (2) part B for FY 1985; (3) part D for FY 1984 and 1985; (4) parts C and E for FY 1985; and (5) the graduate fellowship program under the National Science Foundation Act of 1950 for FY 1984 and 1985. Title II: Education for Economic Security - Authorizes the Secretary of Education to make grants to States and discretionary grants to strengthen teacher skills and instruction in mathematics, science, computer learning, and foreign languages. Authorizes appropriations for FY 1984 and 1985 to carry out this title. Directs the Secretary to reserve ten percent of such appropriations for discretionary grants of national significance. Directs the Secretary to allot to each State from 90 percent of such appropriations for each fiscal year an amount based on the relative number of children aged five through 17 in such State. Provides that no State shall receive less than one-half of one percent of the funds appropriated for any fiscal year. Provides for reallotments, based on the Secretary's estimates, of sums exceeding a State's needs. Authorizes additional appropriations for allotment to: (1) Guam, American Samoa, and the Virgin Islands; and (2) the Secretary of the Interior for programs in schools operated for Indian children. Apportions 70 percent of each State's allotment to elementary and secondary education programs and 30 percent to higher education programs. Sets forth requirements for the State education agency (SEA) distribution of such funds for elementary and secondary education programs to local education agencies (LEAs) based on public and private school enrollment and on public school enrollment of children from families below the poverty level. Sets forth the uses for which specified portions of such elementary funds are to be put, including: (1) inservice training of teachers, including vocational educational teachers, and other appropriate school personnel in the fields of mathematics and science; (2) computer learning and instruction, foreign language instruction, and instructional materials and equipment related to mathematics and science instruction; (3) purchase of computer and computer-related instructional equipment; (4) strengthening instruction in foreign languages; (5) SEA demonstration and exemplary programs, including special projects for historically underrepresented and underserved populations (females, minorities, handicapped individuals, individuals with limited English proficiency, and migrant students) and for gifted and talented students (including magnet schools for such students); (6) SEA technical assistance to LEAs, institutions of higher education, and nonprofit organizations, including museums, libraries, and educational television stations in conducting programs for mathematics, science, languages, and computer learning; and (7) State assessment and administrative costs. Sets forth requirements for distribution of funds for higher education programs by State agencies for higher education. Requires that at least 75 percent of such funds be used for grants to private and public institutions of higher education for: (1) traineeship programs for new teachers who will specialize in teaching secondary school mathematics and science; (2) retraining secondary school teachers with other specialties to specialize in teaching mathematics, science, or computer learning (including providing stipends for participation in institutes under title I); and (3) inservice training for elementary, secondary, and vocational school teachers, and other appropriate school personnel to improve teaching skills in mathematics, science, and computer learning (including providing stipends for participation in institutes under title I). Requires each grant recipient to: (1) consider the needs of historically underrepresented and underserved groups and the gifted and talented; and (2) enter into an agreement with an LEA or LEA consortium to provide inservice training and retraining for elementary and secondary school teachers in the public and private schools of the LEA school district. Requires that the State agency for higher education use at least 20 percent of such funds for cooperative programs among institutions of higher education, LEAs, SEAs, private industry, and private nonprofit organizations, including museums, libraries, educational television stations, and professional mathematics, science, and engineering societies, for projects to improve student understanding and performance in science, mathematics, and critical foreign languages. Permits the State agency for higher education to use up to five percent of such funds for State assessment and administrative costs. Requires each State desiring to receive grants under this title to submit to the Secretary, within the first year for which such funds are available, an assessment of the status of mathematics, science, foreign language, and computer learning within the State. Sets forth requirements relating to such assessments. Sets forth requirements for State applications for funds under this title. Sets forth requirements for assessments by LEAs. Sets forth provisions for participation of children and teachers from private schools in programs under this title. Sets forth requirements for the use of the ten percent of appropriations for this title reserved in the Secretary's discretionary fund for programs of national significance. Directs the Secretary, from 75 percent of such funds, to make to SEAs and LEAs, institutions of higher education, and private nonprofit organizations for programs of national significance in mathematics and science instruction, computer learning, and foreign language instruction in critical languages. Directs the Secretary to give special consideration to assistance for: (1) magnet schools for gifted and talented students; and (2) special services to historically underserved and underrepresented populations in the fields of mathematics and science. Directs the Secretary to reserve a specified amount from such grant funds for the Director of the National Institute of Education to conduct evaluation and research. Directs the Secretary, from 25 percent of such funds, to make grants to institutions of higher education for instruction in critical foreign languages. Directs the Secretary to: (1) consult with the Secretaries of State, Defense, and Health and Human Services, and the Director of the National Science Foundation in determining which languages are critical to national security, economic, and scientific needs; and (2) publish a list of such languages in the Federal Register. Sets forth provisions for payments for programs under this title. Title III: National Science Foundation Program for Partnerships in Education for Mathematics, Science, and Engineering - Partnerships in Education for Mathematics, Science, and Engineering Act - Authorizes the National Science Foundation to make grants to States to pay the Federal share of the costs of specified higher education programs and activities. Authorizes appropriations for FY 1984 and 1985 to carry out this title. Sets forth authorized activities for which States may use partnership in education program grants. Includes among authorized higher education partnership programs: (1) improvement of postsecondary instruction in mathematics, science, computer science, and engineering; (2) scholarships for students in such fields; (3) faculty exchange programs by institutions of higher education and businesses within the State; (4) research in such fields; (5) instructional equipment for such fields; and (6) promotion of public understanding of science, mathematics, and computer science. Includes among authorized elementary and secondary school partnership programs (to be carried out by LEAs): (1) exchange programs between teachers of mathematics, science, or computer science and personnel of local businesses; (2) training and retraining of teachers in such fields under cooperative arrangements between State or LEAs and appropriate businesses; and (3) secondary school student observation, participation, and work in local businesses. Permits both higher education and elementary and secondary school partnerships to include institutions of higher education, businesses, nonprofit private organizations, local educational agencies, professional mathematics and scientific associations, museums, libraries, educational television stations, and States. Sets forth requirements for State applications for grants under this title. Permits two or more States or a regional consortium of States to file a joint application. Sets forth requirements for applications by institutions of higher education and local educational agencies. Directs the Foundations to adopt approval procedures designed to assure equitable distribution of grants among the States. Makes specified provisions of title II of this Act relating to participation of children and teachers in private schools applicable to payments under this title. Sets the Federal share of the cost of programs under this title at 50 percent. Permits the non-Federal share of such costs to be in cash or inkind. Limits to 15 percent that portion of funds appropriated under this title in any fiscal year which may be paid to any single State. Title IV: Presidential Awards for Teaching Excellence in Mathematics and Science - Authorizes the President to make Presidential Awards for Teaching Excellence in Mathematics and Science to secondary school teachers. Authorizes the making of 100 such awards annually. Directs the President to: (1) select for such awards at least one secondary school teacher from each of the several States, the District of Columbia and the Commonwealth of Puerto Rico; and (2) carry out this title, including the establishment of selection procedures, after consultation with the Secretary of Education, the Director of the National Science Foundation, and other appropriate officials of Federal agencies.
United States · United States Congress · 11 May 1983
Disapproves the proposal of the Study Group on Senate Practices and Procedures to abolish the Committee on Veterans' Affairs by merging it with the Committee on Armed Services.
United States · United States Congress · 6 May 1983
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial. Authorizes appropriations for site acquisition and preparation in the event nonpublic land is selected for the memorial.
United States · United States Congress · 5 May 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act". Amends the Fair Housing Act to expand the definition of "discriminatory housing practice" to include any violation under such Act (thus codifying case law which holds that the obligation of Federal agencies to administer programs affirmatively to further the purposes of fair housing and the prohibition against interference with rights under the Act are separately actionable). Adds new definitions of "handicap", "aggrieved person" and "familial status." Excludes from the meaning of "handicap" any impairment consisting of alcohol or drug abuse or which would be a direct threat to the property or safety of others. Defines "familial status" as one or more minors being domiciled with their parent or guardian. Retains the two current exemptions from the prohibition against the discriminatory sale or rental of housing which are given to: (1) an owner of three or less single-family houses; and (2) the owner of a dwelling consisting of four or fewer family units who also resides in such dwelling (the "Mrs. Murphy" exemption). Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; and (2) discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons equal enjoyment of the premises. States that such discrimination shall not include a refusal to: (1) make alterations at the expense of sellers, landlords, owners, or persons acting on their behalf; (2) make modifications which would unreasonably inconvenience others; and (3) allow architectural modifications which materially decrease the value of a building or alter its intended use. Prohibits discrimination against families with children. Makes it unlawful for an insurer to discriminate in the provision or terms of insurance against hazards to a dwelling because of the race, color, religion, sex, handicap, national origin or familial status of persons owning or residing in or near the dwelling. Adds handicapped persons as a protected class under other existing prohibitions on discriminatory activities. Modifies the housing financing discrimination provision to prescribe all conduct which denies or "otherwise makes unavailable" financial assistance because of race, color, religion, handicap, national origin, or familial status. Includes with such prohibition persons in the business of selling, brokering, or appraising real property. States that nothing in this Act is to be construed to defeat any reasonable local, State or Federal restrictions on the maximum number of persons permitted to occupy a dwelling unit. Provides that familial status does not apply to any State or Federal programs aimed at assisting elderly persons. Establishes the Fair Housing Review Commission, composed of three members appointed by the President for staggered six-year terms. Stipulates that no more than two members may be of the same political party. Directs the Commission to: (1) appoint administrative law judges and other employees as necessary to carry out its functions; (2) promulgate a code of ethics to assure the independence of such judges; (3) promulgate rules of discovery for its proceedings consistent insofar as practicable with the Federal Rules of Civil Procedure; and (4) consider appeals from the proposed orders of the administrative law judges upon application of a party. Includes Federal agencies having regulatory authority over financial institutions within the executive departments and agencies which are currently required to administer their housing programs in an affirmative manner. Authorizes the Department of Housing and Urban Development to provide financial as well as technical assistance to public and private organizations seeking to remedy housing discrimination. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development in addition to the current enforcement provisions of title VIII (allowing civil actions by private parties and the Attorney General). Directs the Secretary to make an investigation of all alleged discriminatory housing practice on his or her own initiative or upon the filing of a charge by an aggrieved person within one year of the alleged discrimination. Requires the Secretary to attempt to correct the discriminatory practice by informal methods of conciliation. Requires the Secretary, if the aggrieved person and respondent consent to binding arbitration, to refer the charge to an arbitrator made available by the Community Relations Service of the Department of Justice. Continues the current authority of the Secretary to utilize discovery measures. Retains the current penalty for failing to produce information (up to a $1,000 fine and/or one year's imprisonment). Makes certain changes in the current requirements for referring charges to State or local agencies for investigation and enforcement. Specifies, with respect to the rights and remedies provided by such agencies, the elements of "substantial equivalency which permit certification and referrals of discrimination charges. Eliminates the Secretary's authority to recall referrals in the interest of justice or to protect the rights of the parties. Prohibits further action by the Secretary unless the agency fails to act in a timely fashion (current law gives the agency 30 days to commence proceedings). Requires the Secretary and other Federal agencies to cooperate to avoid duplication of their housing discrimination authority. Authorizes the Secretary to enter into agreements to permit other agencies to carry out such responsibilities within their jurisdictions. Directs the Secretary to enter into agreements with specified Federal agencies for such purpose with respect to depository institutions. Permits an action for temporary or preliminary relief to be brought on behalf of the Secretary in accordance with rule 65 of the Federal Rules of Civil Procedure when the Secretary establishes that voluntary compliance is unobtainable and prompt judicial action is necessary. Permits the Secretary to file an administrative complaint or refer the matter to the Attorney General for civil action if the investigation supports a finding of reasonable cause, except with respect to matters involving land use controls, which must be referred. Specifies the hearing procedures to be utilized if an administrative complaint is issued. Permits the administrative law judge to award appropriate relief and a civil penalty of up to $10,000. Permits the filing of a position for judicial review of a final order in an appropriate court of appeals within 60 days after entry of such order. Provides that the findings of fact shall be conclusive if supported by substantial evidence in the record considered as a whole. Authorizes the administrative law judge to assess civil penalties for noncompliance with a final administrative order. Makes certain revisions in the private right of action for aggrieved persons under the Fair Housing Act. Extends the statute of limitations from 180 days to two years. Disallows simultaneous administrative and judicial proceedings involving the same charge. Permits the Attorney General to intervene upon certification that the civil action is of general public importance. Continues the current provision permitting the appointment of counsel. Removes the existing $1,000 limit on punitive damages for willful violations. Continues the authority of the Attorney General to initiate civil actions where there is reasonable cause to believe that a pattern or practice of resistance to title VIII rights has occurred. Permits the intervention of aggrieved persons in such actions. Permits the award of costs, including reasonable attorney's fees, to prevailing parties in court and administrative proceedings (current law permits an award of attorney's fees only to prevailing parties who are financially unable to assume them). Authorizes appropriations for this Act, effective October 1, 1983.
United States · United States Congress · 2 May 1983
Amends the judicial code to detail general authorizations to the Department of Justice for specified purposes. Requires the Attorney General to make periodic evaluations of Department of Justice programs. Authorizes expenditures by the Foreign Claims Settlement Commission for personnel assigned abroad. Details purposes for the use of appropriations earmarked for U.S. marshals and U.S. attorneys. Directs the Attorney General to prescribe regulations for the collection of different fees by U.S. marshals. Establishes guidelines for commissions collected by such marshals for property seizures pursuant to judicially ordered sales and execution sales. Specifies circumstances (as in seamen's suits and suits in forma pauperis) where parties other than the United States may request service of process by a U.S. marshal. Sets guidelines for temporary appointments to fill vacancies in the offices of U.S. attorney and U.S. marshal. Details general appropriations for the support of Federal prisoners in non-Federal institutions . Details general authorizations for the Federal Bureau of Investigation (FBI). Permits the FBI to charge fees for the processing of noncriminal employment and licensing fingerprint cards. Details general authorizations for the Immigration and Naturalization Service (INS). Permits the Commissioner of INS to accept unconditional gifts, donations, and bequests of property for use in the Service's operations. Details general authorizations for the Drug Enforcement Administration (DEA). Allocates portions of assets seized in forfeitures to pay informants and helpers. Details general authorizations for the Bureau of Prisons. Authorizes the FBI and the DEA to purchase property, lease space, and establish or acquire proprietary corporations for use in certain undercover operations. Requires audits of such transactions. Provides for disposal of such property and corporations upon completion of an undercover operation.
United States · United States Congress · 2 May 1983
Department of Justice Appropriation Authorization Act, Fiscal Year 1984 - Authorizes appropriations for FY 1984 to the Department of Justice for: (1) general administration; (2) the United States Parole Commission; (3) general legal activities; (4) the Foreign Claims Settlement Commission; (5) the Antitrust Division; (6) United States Attorneys and Marshals; (7) support of U.S. prisoners in non-Federal institutions; (8) fees and expenses of witnesses; (9) the Community Relations Service; (10) the Federal Bureau of Investigation; (11) the Immigration and Naturalization Service; (12) the Drug Enforcement Administration, including activities under the Controlled Substances Act; (13) the Federal Prison System; and (14) Organized Crime Drug Enforcement. Provides funds for Cuban and Haitian entrants. Eliminates funding for the Juvenile Justice program in 1984.
United States · United States Congress · 19 April 1983
National Outdoor Recreation Resources Review Act of 1983 - Establishes a National Outdoor Recreation Resources Review Commission to evaluate existing and potential public outdoor recreation policies, programs, and opportunities and to recommend outdoor recreation policies and activities which should be instituted at the Federal, State, and local levels and by the private sector in order to protect existing recreation resources and to meet future recreation needs. Requires the Commission to report its findings and recommendations to the President and Congress within 18 months after its establishment. Terminates the Commission six months after submission of its report. Authorizes appropriations.
United States · United States Congress · 15 April 1983
Construction Work in Progress Policy Act of 1983 - Amends the Federal Power Act to authorize the Federal Energy Regulatory Commission to approve, upon application by a public utility, the inclusion in the rate base of such utility of the costs of construction work in progress (defined as construction of a facility used to generate electric energy) with respect to: (1) any pollution control facility; and (2) the conversion of oil or natural gas-fired facilities to the use of other fuels. Authorizes the Commission to approve by final order the costs of construction work in progress for other types of facilities, subject to the requirements under this Act. Requires the Commission to hold an evidentiary hearing upon application by a public utility for approval of such a rate increase. Sets forth the items required in any such application. Requires the Commission to approve the rate increase applied for or to order a lesser rate increase if, after the hearing, the Commission finds that: (1) the utility will be in severe financial difficulty unless construction work in progress costs are included in the rate base; (2) the utility has initiated programs to acquire alternative energy resources; (3) the facility being constructed is reasonably necessary to meet energy demands; (4) any mismanagement involved will not affect the utility's future financial situation; (5) the long-term benefits justify short-run rate increases in the case of customers purchasing electric energy for resale; (6) innovative financing is insufficient to alleviate or prevent severe financial difficulty; and (7) the applicant utility will discontinue the capitalization of allowance for funds used during construction for those construction work in progress costs included in the rate base. Provides that no rate increase approved or ordered under this Act may: (1) be charged for electric energy sold before the date of such approval or order; (2) exceed the amount needed to alleviate the utility's financial difficulties; (3) have an anticompetitive effect; (4) be charged to recover any costs imprudently incurred; or (5) be unduly discriminatory or preferential or exceed a just and reasonable amount.
United States · United States Congress · 14 April 1983
National Security and Arms Export Review Act of 1983 - Amends the Arms Export Control Act to express the sense of the Congress that the President should begin discussions to limit the transfer by member countries of the North Atlantic Treaty Organization to developing countries of conventional arms. Requires the President to provide as an addendum to the quarterly report to Congress on military exports the text of all defense requirement surveys completed during the preceding quarter. Requires that the Presidential certification that is sent to Congress before the issuance of a letter of offer to sell defense articles must contain an item stating whether the proposed recipient country or organization has agreed not to transfer the defense article or related training without the consent of the President. Requires that Congress be notified and given an opportunity to disapprove letters of offer to sell and applications for export licenses for: (1) defense articles or services if the price of the defense articles or services is between $50,000,000 and $200,000,000; and (2) defense equipment if the price of the equipment is between $14,000,000 and $200,000,000. Prohibits the issuance of a letter of offer to sell or of an export license for defense articles or services, design, and construction services, or defense equipment if their price is $200,000,000 or more unless: (1) the Congress, within 30 days after receiving certification of the letter of offer or export license application approves of the proposed sale or export; or (2) the President states in the certification that an emergency exists which requires such sale or export in the interests of national security. Prohibits splitting up letters of offer for the sale of defense articles, services, equipment or design and construction service in order to circumvent reporting or review requirements. Requires such letters of offer to include as part of their proposed sales price the sales price of related equipment.
United States · United States Congress · 7 April 1983
Natural Gas Consumer Relief Act - Title I: Contracting and Marketing Practices - Amends the Natural Gas Policy Act of 1978 to declare a take-or-pay clause of a pipeline contract to be against public policy and unenforceable for a three-year period: (1) to the extent that it requires a pipeline to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the pipeline has contracted to take; or (2) if such clause does not entitle a pipeline which makes a payment under such clause to take delivery of the gas during the one-year period beginning on the date of payments. Defines "take-or-pay clause" to mean any contract provision which requires payment for the minimum quantity of natural gas contracted for under the contract in the event the pipeline fails to take delivery. Permits a pipeline, in the case of a contract for the first sale of natural gas, to: (1) request the seller to renegotiate the contract; and (2) indicate that, if there is no renegotiation within 30 days of the request, the pipeline will exercise its market-out-option. Permits a pipeline exercising its market-out-option to refuse delivery without incurring an obligation to pay for any amount of natural gas contracted for if the pipeline in its sole discretion determines that it could not market the gas. Declares any indefinite price escalator clause applicable to the first sale of natural gas to be against public policy and unenforceable. Defines "indefinite price escalator clause" as any provision of any contract which provides for the establishment or adjustment of the price for natural gas delivered by reference to prices for natural gas, crude oil, or any other commodity. Prohibits a pipeline from passing through its costs if the Federal Energy Regulatory Commission (FERC) determines that the amount the pipeline paid was excessive due to imprudence. Declares any minimum commodity bill requirement applicable to any sale of natural gas by any interstate or intrastate pipeline to be against public policy and unenforceable: (1) to the extent that it requires the purchaser to make any payment with respect to natural gas in excess of 50 percent of the maximum annual volume the purchaser has contracted to take; or (2) if such requirement does not entitle a purchaser who makes a payment under such requirement to take delivery of the natural gas involved subsequent to the date of payment provided under the requirement. Directs FERC to order an interstate pipeline, upon application by a producer of natural gas or by a purchaser of natural gas from a producer, to carry natural gas, for a just and reasonable consideration, between the producer and purchaser if FERC finds that: (1) the pipeline has available capacity; (2) no undue burden would be placed upon such pipeline by reason of the order; (3) construction of new facilities would not be required; and (4) the order would not impair the ability of the pipeline to render adequate service to its other customers. Directs FERC to complete a rulemaking proceeding to issue standards for interstate pipeline tariffs. Directs FERC to require, by rule, a first-sale purchaser of natural gas to file a copy of the contract with FERC. Title II: Wellhead Price Provisions - Revises ceiling price provisions for natural gas. Provides that the ceiling price for categories other than high-cost gas shall be the August 1982 ceiling price multiplied by the monthly equivalent of the modified price adjustment factor. Defines the "modified price adjustment factor" for any month as the lower of: (1) 75 percent of the quarterly percent change in the GNP implicit price deflator (as defined in the Natural Gas Policy Act of 1978); or (2) the percent change in the energy index, computed and published as an annual rate by the Department of Labor, for the most recent month for which such percent change has been so published at least eight days before the beginning of the month for which the modified price adjustment factor is being calculated. Provides that for high-cost gas the maximum lawful price shall be prescribed by FERC at a rate which provides reasonable incentives for production, but may not exceed 150 percent of the maximum lawful price for categories of gas other than high-cost gas. Authorizes a higher price for high-cost gas in the case of wells the surface drilling of which commenced on or after April 7, 1983, if necessary to allow a reasonable return. Provides for an adjusted ceiling price for wells drilled on or after August 1, 1982, and before enactment. Repeals provisions permitting increases in the ceiling price of certain categories of natural gas if just and reasonable. Provides, as a general rule, that the maximum lawful price applies with respect to the recovery of all costs and profits associated with production and first-sale delivery of marketable natural gas. Prohibits the importation of natural gas if the first sale price in the United States of the gas exceeds 150 percent of the maximum lawful price for domestically produced gas. Directs the President to submit to Congress a report on the status of negotiations with Canada regarding modification of the border price for natural gas imported from Canada. Extends price controls and standby authority for two years beyond their present expiration dates.
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 · 24 March 1983
Comprehensive Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents.
![Official portrait of Sen. Biden, Joseph R., Jr. [D-DE]](https://www.congress.gov/img/member/b000444_200.jpg)