United States · United States Congress · 16 March 1983
National Security and Violent Crime Control Act of 1983 - Title I: Narcotics Law Enforcement - National Narcotics Act of 1983 - Establishes an Office of Director of National and International Drug Operations and Policy in the executive branch to plan and coordinate drug enforcement efforts of the Federal Government. Amends the Federal Aviation Act of 1958 to require the revocation of the airman certificate of any person who violates any Federal or State law relating to the transportation or distribution of controlled substances. Provides criminal penalties for the use or sale of fraudulent certificates with the intent or knowledge that such certificates will be used to violate any such laws. Establishes criminal penalties for operating an aircraft with knowledge that such aircraft is used or intended to be used to violate any such laws. Directs the Attorney General to move expeditiously to conduct negotiations to secure the cooperation of law enforcement authorities in foreign countries in order to deprive domestic criminals of use of foreign havens for proceeds of crimes. Title II: Bail, Sentencing, and Criminal, Procedure Reform - 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 the detention for up to ten days if a person: (1) 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) is not a U.S. citizen or lawfully admitted for permanent residence. 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 and the weight of the evidence against the 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 the safety of any other person or the community and; and (2) the appeal raises a substantial question of law or fact likely to result in reversal or an order for a new trial. 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 the person released to move for amendment of the conditions of release. Allows a person to file a motion for revocation or amendment of a detention order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. 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. Imposes maximum penalties for the "Career Criminal". 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, 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. Amends the Federal criminal code to establish a mandatory term of imprisonment whenever: (1) serious bodily injury results from the defendant's participation in the offense; or (2) the offense is a felony and the defendant was previously convicted of a Federal or State felony, unless a substantial period of time has elapsed. Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Defines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense from one to ten years' imprisonment to five to ten years' imprisonment for a first offender and from two to 25 years to ten years to life imprisonment for a second or subsequent offender. Extends to first offenders the directions, currently applicable only to second offenders, that the court not suspend any sentence or grant probation and that the additional sentence not run concurrently with any term of imprisonment imposed for the offense itself. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses. Violent Juvenile Offender Act of 1983 - Amends the juvenile delinquency provisions of the criminal code to lower the age to seventeen for purposes of the section. Permits a juvenile to be proceeded against in Federal district court upon certification of the Attorney General that the offense charged is a felony and that there is substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. Revises the factors (including the age of the individual and the type of crime) to be considered in delinquency proceedings in district court. Revises procedures for the use of juvenile records. Amends the Federal Property and Administrative Service Act to authorize the donation of surplus Federal property to a State for housing violent juvenile offenders. Federal Diversion Act of 1983 - Authorizes the preparation of a diversion program for eligible individuals charged with non-violent Federal offenses. Includes in such program, among other activities: medical, educational, vocational, social, and psychological services; corrective and preventive guidance; counseling; restitution to the victim of the offense; and uncompensated community service. Includes among the criteria for eligibility that the person has not exhibited a continuing pattern of criminal behavior. Sets forth the admissions procedure for such program. Requires a person admitted to the program to waive formally all applicable statutes of limitations and his or her right to a speedy trial. Provides that upon the expiration of the diversion period the Government shall dismiss with prejudice the indictment, information, or complaint. Authorizes the Government to resume prosecution upon finding that the person is not fulfilling his or her obligations under the plan or that new facts demonstrate that the individual is unsuitable for the program. Allows the person charged to contest such a determination. States that the district planning panel established by current law, with other individuals as the group may appoint, shall constitute a diversion advisory committee to plan for implementation and review of the diversion program. Directs the Attorney General to conduct research and report to the President, Congress, and the Judicial Conference of the United States with respect to the diversion program. Title III: Organized Crime - Directs the Attorney General to submit annually to the congressional Judiciary Committees a report on how reorganization of the Drug Enforcement Administration and narcotics and organized crime control policies of the Department of Justice will accomplish specified goals, including: (1) immobilizing at least one organized crime entity each year; (2) reducing narcotic trafficking by meeting annual goals; and (3) reducing the economic incentives for drug traffickers by forfeiting assets of major narcotics traffickers. Amends the Federal criminal code to establish penalties for anyone who commits or commissions a contract murder, attempted murder, or assault. Provides that a direct or indirect contract between two or more persons involving an offer, agreement, or solicitation to commit a contract murder shall constitute prima facie evidence that the act was commissioned for "anything of value." Applies the penalties for contract murder to any person who uses actual or threatened force to coerce another to commit a murder, attempted murder, or assault in violation of State law. Directs the Attorney General to designate criteria for Federal involvement in the prosecution of contract murders. States that this Act does not preempt State law in this area. Makes it a Federal offense to kill any attorney, agent, or employee of the U.S. Government employed to investigate or prosecute violations of Federal criminal statutes or any employee of the Intelligence Community. Establishes a new offense of assaulting, kidnapping, murdering, or threatening the relative of any Federal employee covered by the current assault statute, with intent to interfere with such employee's official duties. Amends the obstruction of justice statute to expand the class of persons protected from coercion to include potential witnesses and informants (current law protects actual witnesses). Amends the Freedom of Information Act to expand the exception relating to informants to limit disclosure of information which "tends to disclose" an informant's identity. Amends the Federal Rules of Criminal Procedure to permit a court to reduce a sentence of a cooperating defendant upon application of a U.S. Attorney. Amends the wiretap statute to require a judge to review in camera any information as to previous wiretap applications which might compromise a current or pending case or investigation. Amends the Federal Rules of Criminal Procedure to permit disclosure of Federal grand jury information to a State or local law enforcement official who is assisting a U.S. Attorney in the enforcement of Federal criminal law. 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. Anti-Arson Act of 1983 - Establishes an Interagency Committee on Arson Prevention and Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection, and control of arson. Directs the Committee to report to Congress on the success of its activities within 18 months of enactment. Terminates the Committee two years from the date of enactment. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special statistical report for arson in cooperation with the National Fire Data Center. Directs the Administrator of the United States Fire Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Authorizes appropriations for the Administration for such purpose. Amends the National Housing Act to require that FAIR (fair access to insurance requirements) plans be issued only after insurers obtain information from a prospective policyholder with respect to arson. Title IV: Amendments to Omnibus Crime Control and Safe Streets Act of 1968 - Justice Assistance Act of 1983 - Eliminates 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 a Director appointed by the President. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance. Replaces the formula grant program with "national priority implementation and replication programs," under which grants are authorized for programs which address critical problems of violent and serious crime and for programs which have been certified to be successful. Enumerates 15 criteria for the awarding of these grants. Limits the amount of grants that may be awarded annually within any State. Limits the Federal share of the new priority grant programs to a period of four years and includes a cash match requirement. Eliminates the current national priority grant program. 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 a Justice Assistance Board to: (1) recommend to the Assistant Attorney General for the Office of Justice Assistance funding and program priorities; (2) review and evaluate the activities of the OJA and Federal policies and priorities in justice assistance; and (3) coordinate its activities with the other justice advisory bodies. Retains the training and manpower development programs. Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the need to avoid unnecessary Federal involvement in local concerns; and (5) alternative sources of assistance. Authorizes appropriations for law enforcement assistance. Public Safety Officers Assistance Act of 1983 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a national program of group life insurance for public safety officers of a State or local government which has applied to the Law Enforcement Assistance Administration to participate in such program and agrees to withhold a premium from such officers' pay. Creates an Advisory Council on Public Safety Officers' Group Life Insurance to advise the Administration on such program. Establishes in the Treasury a Public Safety Officers' Group Life Insurance Revolving Fund.
United States · United States Congress · 16 March 1983
Amends the Federal Rules of Criminal Procedure to require a court to impose consecutive sentences on any defendant who commits and is convicted of a felony while on bail or release on personal recognizance for another offense and was also convicted of the original offense.
United States · United States Congress · 11 March 1983
Ocean and Coastal Development Impact Assistance Block Grant Act - Establishes the Ocean and Coastal Development Impact Assistance Fund in the Treasury. States that five percent of Outer Continental Shelf gas and oil lease revenues shall be used for such Fund. Provides block grants from such Fund to coastal States and territories for: (1) living marine resources; (2) coastal management planning and implementation; (3) energy impact assistance; (4) research, education, and natural resource management; and (5) capital infrastructure. Sets forth an allocation formula based upon oil or gas production, coastal population, shoreline, and bonus revenues. Establishes minimum and maximum grant amounts, with excess funds to be shared among those States eligible for additional amounts. Requires a State to give at least 40 percent of its grant money to local coastal communities. Directs the Secretary to establish by contract a National Coastal Resources Research and Development Institute to be administered in affiliation with the Oregon Institute of Marine Science. Provides monies for the Institute from the Ocean and Coastal Development Impact Assistance Fund. Requires: (1) the Secretary to conduct an ongoing evaluation of the Institute's activities; and (2) the Institute to report to the Secretary within two years, including recommendations for specified regional centers. States that employees of such Institute shall not be considered Federal employees. Provides for block grant audit and assessment.
United States · United States Congress · 11 March 1983
Relieves any Federal employee killed or injured in the collapse of a Government-leased building in Florida (or any person acting on his or her behalf) from liability to refund to the United States any compensation benefit paid to such person in connection with any suit or settlement arising out of such death or injury.
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 · 9 March 1983
Amends the Small Business Act to increase from $350,000,000 to $400,000,000 for FY 1983 and from $350,000,000 to $500,000,000 for FY 1984 the amount of loans which the Small Business Administration is authorized to make to state and local development companies.
United States · United States Congress · 9 March 1983
Small Business Administration State Development Company Program Amendments of 1983 - Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA) to purchase or guarantee any debenture issued by a qualified State development company unless such debenture is collateralized by industrial development bonds. Requires debentures so purchased or guaranteed to be treated on an equal basis in repayment and liquidation with those funds borrowed by the qualified State development company unless the SBA determines that such debentures may be subordinate to the company's other debts and obligations.
United States · United States Congress · 9 March 1983
Amends the Small Business Act to increase from $160,000,000 to $250,000,000 the amount in guarantees of small business investment company debentures which the Small Business administration is authorized to make in FY 1983 and 1984.
United States · United States Congress · 9 March 1983
Amends the Small Business Act to increase from $35,000,000 to $45,000,000 the amount in direct purchases of debentures and preferred securities which the Small Business Administration is authorized to make with respect to small business investment companies in FY 1983 and 1984.
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
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
Authorizes and requests the President to designate the week of April 10 to 16, 1983, as A Week of Remembrance for the Fortieth Anniversary of the Warsaw Ghetto Uprising.
United States · United States Congress · 1 March 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternative claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 28 February 1983
Prohibits federally assisted rental housing projects for the elderly and handicapped from forbidding tenants to have pets or discriminating against persons having pets. Permits a project authority to require the removal of a pet that constitutes a threat to the health or safety of project occupants or other persons in the community.
United States · United States Congress · 24 February 1983
Radio Broadcasting to Cuba Act - Amends the Board for International Broadcasting Act of 1973 in order to authorize the Board to provide for radio broadcasting to Cuba. Authorizes the Board to carry out such broadcasting by means of grants, leases, contracts, or other necessary means. Requires such broadcasting to serve as an authoritative source of accurate, objective, and comprehensive news. Sets forth frequency requirements. Authorizes any U.S. agency or instrumentality to sell, lease, or grant property, and to provide administrative and technical support and services on a reimbursable basis at the request of the Board. Prohibits any grant under this Act to Radio Broadcasting to Cuba, Inc., unless such corporation's board of directors and the board of directors of the Board for International Broadcasting consist of the same persons making all major policy decisions for such corporation.
United States · United States Congress · 24 February 1983
Immigration Emergency Powers and Procedures Act of 1983 - Amends the Immigration and Nationality Act to authorize the President to declare an immigration emergency if in his judgment: (1) a substantial number of undocumented aliens from a designated country (countries) or geographic area (areas) are ready to leave for the United States, or have already done so; and (2) the normal resources of the Immigration and Naturalization Service and the procedures under such Act would be inadequate to handle the influx of these aliens. Requires the President to explain such action to the Speaker of the House and the President pro tempore of the Senate within 48 hours. Terminates such emergency period after 120 days unless ended sooner or extended by the President. Authorizes the President during an immigration emergency to: (1) prevent or intercept U.S. vessels, vehicles, or aircraft from travelling to designated countries or areas; (2) prevent inadmissible aliens from arriving by requiring their return or their vessel, vehicle, or aircraft's return to a suitable country or area; (3) exempt executive instrumentalities from additional specified environmental requirements for up to one year; (4) close harbors, ports, roads, and airports; (4) designate one or more Federal agencies including the military to carry out these emergency powers (once they are invoked by the President); and (5) enforce the admissibility and asylum determination provisions of this Act beyond the territorial limits of the United States, including on the high seas. Authorizes the Attorney General to establish admissions and asylum procedures for such aliens. Eliminates judicial review of such determinations. Permits the Attorney General to: (1) deport an alien to a country other than the one he came from when necessary; and (2) permit an alien to post a surety bond to ensure admissions compliance. Requires an alien to be detained pending a final determination of admissibility unless he or she is clearly admissible. Permits the Attorney General to transfer such detained aliens at any time. Limits judicial review of the Attorney General's detention and transfer authority to habeas corpus questions of whether a particular person is within the category of aliens subject to detention. Sets forth enforcement, departure, and judicial review provisions for ports, airports, and roads closed under authority of this Act. Grants search and seizure and disaster authority to agencies enforcing this Act. Prohibits U.S. conveyances to travel to, or within specified distances of, designated countries or areas during an immigration emergency without prior executive approval. Provides penalties for violations, including fines, forfeiture, and imprisonment. Provides that violations of the Immigration and Nationality Act committed during an immigration emergency may be investigated by the Federal Bureau of Investigation, the Immigration and Naturalization Service, the Coast Guard, or any component of the Department of the Treasury. Amends the Immigration and Nationality Act to increase the fine for unlawfully bringing aliens into the United States. Permits the seizure of a vessel or aircraft so involved. Authorizes appropriations.
United States · United States Congress · 24 February 1983
Amends the Immigration and Nationality Act to revise provisions regarding the bringing in and harboring of illegal aliens. Establishes criminal penalties for bringing an alien (regardless of status)into the country at other than a designated port of entry. Allows seizure of any vessel, vehicle, or aircraft without a warrant if there is probable cause to believe it has been, is being, or is intended to be used in violation of this Act. Authorizes Federal, State, and local law enforcement officers to make arrests for violation of this Act.
United States · United States Congress · 24 February 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of the Treasury to implement procedures for identifying social security benefit checks issued under title II which have not been negotiated within 12 months and to credit the appropriate social security trust fund, on a monthly basis, for the amount of all unnegotiated benefit checks drawn on such trust fund. Requires the Secretary to pay a benefit check presented for payment after they have been credited to one of the trust funds, and to recharge such trust fund, if such check is otherwise proper. Requires the reimbursement of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from the Treasury for the total amount of unnegotiated benefit checks.
United States · United States Congress · 24 February 1983
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 24 February 1983
Expresses the sense of the Congress that: (1) the Soviet Union should fulfill obligations undertaken in certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet fulfillment of internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 23 February 1983
United States Academy of Peace Act - Establishes the United States Academy of Peace as an independent nonprofit corporation. Permits the Academy to use "United States" or "U.S." or any other reference to the United States Government or Nation in its title, corporate seal, emblem, or other mark of recognition in any fiscal year only if there is an authorization of appropriations for the Academy for such fiscal year provided by law. Sets forth the powers and the duties of the Academy, including establishment of an Endowment of the United States Academy of Peace. Authorizes the Academy to establish: (1) a Center for International Peace; and (2) a United States Medal of Peace and other medals or honors. Authorizes the Academy to refuse research requests of Federal agencies for reason of cost or of inappropriateness to the Agency's purpose or independence. Prohibits the Academy from undertaking to influence the passage or defeat of any Federal, State, local, or United Nations legislation, but permits Academy personnel to testify or make other appropriate communication when formally requested to do so by a legislative body, committee, or member thereof. Provides for appointment of members of the Academy's Board of Directors. Sets forth grounds for removal of Board members. Permits Board meetings to be closed only in exceptional circumstances. Sets forth provisions for Academy officers, employees, procedures, and records. Provides that, with certain exceptions, the Academy shall not be considered a department, agency, or instrumentality of the Government. Prohibits the use of any political test or political qualification with respect to personnel actions of the Academy or financial assistance by the Academy. Authorizes appropriations in a specified amount for an Academy principal office capitalization fund. Authorizes appropriations in specified amounts for FY 1984 and 1985 for Academy programs and administration. Requires that Academy expenses in connection with the United States Medal of Peace or the accompanying cash award be paid out of the private funds of the Endowment. Restricts contract-making authority under this Act to the extent and amounts provided in appropriation Acts. Directs the Chairman of the Board of Directors of the Academy to report to the Congress and the President, beginning two years after the enactment of this Act and at two-year intervals thereafter. Directs the President to transmit to the Congress the recommendations of the appropriate Federal agencies with respect to such report and to any legislation concerning the Academy. Requires the appropriate congressional committees to hold hearings to review such report and recommendations.
United States · United States Congress · 23 February 1983
Former Presidents Facilities and Services Reform Act of 1983 - Title I: Presidential Libraries - Directs the Administrator of General Services, in consultation with the Archivist of the United States and the Commissioner of the Public Buildings Service, to promulgate architectural and design standards for Presidential archival depositories. Authorizes the Administrator to accept, as private gifts or pursuant to agreements with State or local governments, institutes, or foundations, only such land, buildings, and equipment as are necessary to establish one depository in one building of a specified size for each President or former President. Requires the Administrator to submit a prospectus for each proposed depository to specified congressional committees. Prohibits the Administrator from accepting a gift or entering into an agreement to establish a depository if: (1) such committees adopt a resolution disapproving such prospectus within a specified period; or (2) the land, buildings, and equipment do not meet the architectural and design standards, unless Congress adopts a concurrent resolution approving the establishment of such depository regardless of noncompliance with such standards. Establishes similar restrictions governing changes to a depository. Requires the President, while holding office, to dispose of his or her Presidential records which have no administrative, historical, informational, or evidentiary value after obtaining the views of the Archivist of the United States concerning such disposal, unless the Archivist notifies the President that the Archivist intends to request advice from certain congressional committees. Title II: Former Presidents - Changes the amount of the annual allowance to which the spouse of a deceased former President is entitled from $20,000 to two-thirds of the allowance to which a former President is entitled. Repeals the requirement that the spouse must waive the right to any other Government annuity or pension to qualify for such allowance. Terminates the allowance when the spouse remarries, at any age. Authorizes the Administrator to provide to each former President, upon request: (1) one office; (2) compensation, without an aggregate ceiling, for members of an office staff who shall be subject to certain provisions of civil service laws; (3) payment for the travel and subsistence allowances for specified office employees; (4) communications services; and (5) printing and binding expenses. Allows any Federal employee to be detailed to the office staff of a former President with the consent of the employee's agency head. Authorizes the Administrator to provide a former Vice President with necessary services and facilities for concluding his or her office affairs which are similar to the services and facilities provided to a former President under this title. Prohibits the use of funds provided for necessary services and facilities of a former President or Vice President for partisan political activities or income generating activities. Permits a former President to use such funds to prepare his or her memoirs if the former President signs an agreement providing that the Public Printer will print and distribute such memoirs. Prohibits the expenditure of such funds for a former President any time beyond 90 days after the former President dies. Requires each former President to submit to Congress an annual report concerning activities carried out with the assistance of such funds. Authorizes appropriations to carry out the provisions of this title concerning the services and facilities to be provided for former Presidents and Vice Presidents. Repeals specified provisions of the Presidential Transition Act of 1963. Title III: Protection of Former Presidents, Former Vice Presidents, and Their Families - Prohibits the United States Secret Service from protecting a former President, former Vice President, or the spouse, widow, widower, or minor child of a former President, except as authorized under this title. Authorizes the Secret Service to protect: (1) a former President for eight years after the individual becomes a former President; (2) the spouse or minor child of a former President to the extent that such protection is incidental to the protection of the former President; and (3) the widow or widower of a former President for six months after the former President dies. Permits the Secretary of the Treasury to reinstate the Secret Service protection of a former President for one year and of a spouse or minor child for six months after the original protection has been terminated upon finding that a serious threat warranting such protection exists. Authorizes additional extensions of such periods of protection upon the individual's written request and with the approval of an existing advisory committee established to determine whether protection should be furnished to certain presidential or vice presidential candidates. Establishes the Advisory Panel on Secret Service Protection to review requests for extended protection and to make recommendations on such requests to such advisory committee. Permits the Secretary to authorize Secret Service protection for a former Vice President for a period beginning on the last day of the individual's term and ending on the last day of the fiscal year in which the term expires, upon the former Vice President's written request, and upon finding that a threat exists which warrants such protection.
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 · 3 February 1983
Mail Order Consumer Protection Amendments of 1983 - Authorizes the United States Postal Service to issue an order requiring any person to cease and desist from conducting a lottery or scheme for obtaining money or property by false representations through the mail. Authorizes the Postmaster General, in conducting an investigation to determine whether a person is engaged in such prohibited activity, to tender the price requested for an article or service offered through the mail. Declares that failure to provide an article or service after the price is tendered by the Postal Service may be considered in a hearing to determine if there is probable cause to believe that a prohibited activity has occurred. Sets forth provisions governing the conduct of a person tendering an offer on behalf of the Postal Service. Declares that mailing an advertisement promoting the sale of a publication or a solicitation to purchase, or a purchase order for, such a publication is not prohibited if: (1) the advertisement is not false or misleading and contains no material misrepresentations of fact; (2) the advertisement discloses the source of any statements derived from or about the publication; and (3) neither the advertisement nor the publication is designed to promote the sale of another product as part of a commercial scheme. Establishes a civil penalty to be assessed against any person who: (1) attempts to evade an order directing a postmaster to return mail addressed to such person or prohibiting a postmaster from paying a money order from, or to, such person; (2) fails to comply with a cease and desist order; or (3) assists any person to evade or not to comply with any such order. Authorizes the Postal Service to commence a civil action in the appropriate U.S. district court to enforce such a penalty. Requires the Postmaster General to submit semiannual reports on the investigative activities of the Postal Service to the Board of Governors of the Postal Service. Directs the Board to transmit such reports, upon approval, to Congress. Directs the Postmaster General to conduct and report to Congress on a program to educate consumers concerning schemes involving false representations through the mail.
United States · United States Congress · 3 February 1983
Florida Wilderness Act of 1983 - Designates the following lands in Florida as components of the National Wilderness Preservation System: (1) the Bradwell Bay Wilderness Addition in the Apalachicola National Forest; (2) the Mud Swamp/New River Wilderness in the Apalachicola National Forest; (3) the Big Gum Swamp Wilderness in the Osceola National Forest; (4) the Alexander Springs Wilderness in the Ocala National Forest; (5) the Juniper Prairie Wilderness in the Ocala National Forest; (6) the Little Lake George Wilderness in the Ocala National Forest; and (7) the Billies Bay Wilderness in the Ocala National Forest. Prohibits the Department of the Interior from issuing phosphate leases in the Osceola National Forest until the President recommends to Congress that such leases be permitted in a specified area of the forest, based upon a national need for phosphate. Requires the President to also submit the basis for such recommendation, a statement of conditions governing the activity, and the required environmental impact statements. Makes a Presidential recommendation effective only upon enactment of a joint resolution of Congress approving it. Provides for compensation of phosphate lease applicants whose lease applications have been denied on the grounds that they have not made discoveries of valuable deposits if the lease denials have been challenged in court and the court has found that a discovery of a valuable deposit has been established. Requires the Secretary of the Interior to determine the present fair market value of any leases denied, on such grounds or because of the leasing prohibitions under this Act, for those applicants for which the court has found that a discovery of a valuable deposit has been established. Requires, upon surrender of the rights to the lease which has been denied, that monetary credits, based upon the fair market value of such base, be extended to such lease applicant, within one year of any final judicial determination, for that portion of bonus payments, rents, or royalties paid to the government on mineral, oil, or gas leases held by such applicants. Provides that the designation of the Big Gum Swamp Wilderness will not alter phosphate lease rights applicable to lands within the wilderness. Allows waivers of the time deadlines under this Act. Authorizes appropriations.
United States · United States Congress · 3 February 1983
Requires the Administrator of Veterans Affairs to consider the current and projected number of veterans residing in each State when deciding where medical facilities should be constructed or acquired. Directs the Chief Medical Director at the end of each fiscal year to determine the current and projected number of veterans residing in each State. Requires the Director to report such information to the appropriate congressional committees and to consider it when making recommendations for the apportionment of funds.
United States · United States Congress · 3 February 1983
Expresses the sense of the Senate that the President should propose to the Soviet Union immediate adherence by both countries to the principle of a guaranteed strategic build-down of nuclear forces, subject to agreed upon procedures of verification and compliance.
United States · United States Congress · 2 February 1983
Export Administration Enforcement Act of 1983 - Amends the Export Administration Act of 1979 to make the possession, or the attempted possession, of anything contrary to any provision of that Act, with an intent to export such things, a criminal violation of that Act. Makes the Commissioner of the United States Customs Service (and officers or employees of the Service specifically designated by the Commissioner) responsible for the enforcement of the Act. Authorizes such officers and certain other persons, with reasonable cause to suspect that any goods or technology have been or will be exported in violation of this Act, to: (1) stop, search, and examine a vehicle, vessel, or a person; (2) search any package or container; (3) seize and secure for trial any such goods or technology from such vehicle, vessel, person, or in such package or container; and (4) make arrests without warrants while in the performance of and in connection with official duties. Requires such officers to refer matters, involving a reasonable cause to suspect the violation of this Act, to the Secretary of the Treasury, his designee, or the Attorney General for civil or criminal action. Requires departments or agencies which obtain information which is relevant to the enforcement of this Act to furnish such information to the U.S. Custom Service and to specifically designated officers or employees of the Service. Authorizes the Commissioner and specifically designated officers and employees to impose civil penalties for violations of the Act. Requires the Commissioner and the Secretary of Commerce to consult with each other in order to effect an orderly transfer of the enforcement responsibility of the Act. Requires the Department of Commerce to monitor the performance of contracts between U.S. persons and communist countries to assure compliance with the Act.
United States · United States Congress · 2 February 1983
Citizens Information Act of 1983 - Amends the Freedom of Information Act to define "person" for purposes of the Act. Limits such definition to U.S. citizens or permanent residents, domestic corporations, and unincorporated associations substantially made up of U.S. citizens or permanent residents. Excludes from such definition any corporation or association that is a foreign power as defined in the Foreign Intelligence Surveillance Act of 1978.
United States · United States Congress · 2 February 1983
Technology Security Enforcement Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations statute (RICO) to include within its offenses those involved with the control of arms exports and imports, technology exports, and the export of technical data. Amends the Federal criminal code to permit court-authorized surveillance where there is probable cause to believe that a violation of the Export Administration Act, the Arms Export Control Act or this Act exists. Amends the Arms Export Control Act to increase the penalties for violations of such Act to: (1) a fine of $1,000,000 or five times the value of the exports, whichever is greater for entities; and (2) a fine of up to $250,000, or imprisonment for up to ten years, for individuals. Urges the President to negotiate with foreign countries to promote cooperation in the enforcement of export laws. Urges the President to develop an improved system of export regulations for high technology items. Makes it a Federal offense to steal, receive or purchase technology with an intent to export it unlawfully. Prohibits any person from engaging in bribery to secure technology with the intent to export it unlawfully.
![Official portrait of Sen. Chiles, Lawton [D-FL]](https://www.congress.gov/img/member/c000356_200.jpg)