United States · United States Congress · 27 October 1983
Missing Children's Assistance Act of 1983 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to establish and maintain a national toll-free telephone line for reporting information regarding the location of missing children. Directs the Administrator to establish a national resource center and clearinghouse to: (1) provide technical assistance to State and local governments and agencies in locating missing children; (2) coordinate public and private efforts to recover missing children; and (3) disseminate information on innovative missing childrens' programs, services, and legislation. Requires the Administrator to publish an annual summary of research on missing children and prepare a comprehensive plan for coordinating activities of all agencies and organizations responsible for missing children. Authorizes the Administrator, in consultation with the Advisory Board on Missing Children, to make grants for research or demonstration or service programs designed to: (1) educate parents and community agencies on ways to prevent the abduction of children; (2) assist in the recovery or tracking of missing children; (3) aid communities in collecting material to assist parents in the identification of their children; (4) demonstrate the psychological consequences of a child's abduction; and (5) collect data on investigative practices utilized by law enforcement agencies. Requires the Administrator to appoint an Advisory Board on Missing Children to assist the Administrator in coordinating programs and activities relating to missing children. Authorizes appropriations for FY 1984 through 1988.
United States · United States Congress · 27 October 1983
Expresses the sense of the Congress that: (1) the United States should fulfill its obligations to promote respect for human rights and freedoms in Estonia, Latvia, and Lithuania (Baltic States); and (2) the President, acting through specified officials, should take the necessary steps to bring the question of self-determination of the Baltic States before appropriate forums of the United Nations. Suggests that such forums discuss a specified list of topics, including human rights violations in the Baltic States and the withdrawal of Soviet troops.
United States · United States Congress · 25 October 1983
National Acid Deposition Reduction Act of 1983 - Title I: Acid Deposition Control Program - Amends the Clean Air Act ("the Act") to establish an acid deposition control program. Requires that a reduction in annual emissions of sulfur dioxide in an acid deposition impact region (consisting of the 31 States, and the District of Columbia, east of or bordering on the Mississippi River) of 10,000,000 tons from the total actual annual level in 1980 of such emissions. Requires that this be a phased reduction and completed no later than January 1, 1993. Prohibits, beginning January 1, 1993, the total actual annual level of emissions of sulfur dioxide from stationary sources from being allowed to exceed 16,600,000 tons per year nationwide. Directs the Administrator of the Environmental Protection Agency (EPA), to publish, by January 1, 1985, an inventory and projection of sulfur dioxide and nitrogen oxide emissions for the United States, including (in tons): (1) 1980 emissions of sulfur dioxide and nitrogen oxides from each major stationary source within the 50 States, by source and State; (2) 1980 emissions of nitrogen oxides from mobile sources for each of the 50 States, by type of mobile source; (3) 1980 emissions of sulfur dioxide or nitrogen oxides from other than major stationary or mobile sources; (4) emissions of sulfur dioxide and nitrogen oxides from major stationary sources within the United States beginning operation after December 31, 1980 and before January 1, 1987; (5) additional increments of emissions of sulfur dioxide and nitrogen oxides above 1980 emissions rates for major stationary sources in operation on or before December 31, 1980; (6) additional increments of emissions of sulfur dioxide and nitrogen oxides from mobile sources and other than major stationary sources which are projected to occur after December 31, 1980 and before January 1, 1993; (7) additional increments of sulfur dioxide and nitrogen oxides emissions which will occur at major stationary sources as a result of increasing plant utilization above 1980 levels and which are not subject to certain emissions limitations under specified provisions of this Act; and (8) an estimate of the gross tons of reductions in annual emissions of sulfur dioxide that are necessary to achieve a net reduction of 10,000,000 tons from the 1980 actual annual emissions of sulfur dioxide in the acid deposition impact region. Directs the Administrator to annually update such inventory and projection. Sets forth provision for an emissions cap and offsets. Prohibits any major stationary source which is in operation before 1987 from increasing its actual rate of emissions of sulfur dioxide over its 1980 level, unless there has been identified for such source a simultaneous net reduction in sulfur dioxide emissions at one or more sources in the same EPA administrative region in excess of the proposed increase in emission rate, and not otherwise required by a State implementation plan or under specified provisions of this Act. Requires that, for each major stationary source beginning operations after January 1, 1987, there shall be identified for such source a simultaneous net reduction in emissions of sulfur dioxide at one or more sources in the same EPA region in excess of the proposed emission rate for that source, and not otherwise required by a State implementation plan or under specified provisions of this Act. Provides that, for purposes of such emissions cap and offsets, a major stationary source beginning operation after January 1, 1987, and which commenced construction before January 1, 1984, shall be considered: (1) to be in operation before January 1, 1987; and (2) to have actual annual emissions not in excess of specified standards of performance under the Act. Provides that, for purposes of the emissions cap and offsets for major stationary sources in operation before January 1, 1987, actual annual emissions may exceed 1980 emissions if the additional increment of emissions results from increasing plant utilization above 1980 levels, but in no case may the actual annual emissions used to determine whether an emissions increase has occurred exceed the emissions rate that would result by multiplying the 1980 emissions rate by a plant utilization factor equal to the average level of production experienced by such source during the period from January 1, 1970 through December 31, 1980 (or the portion of such period during which such source was in operation), divided by the level of production experienced by such source in 1980. Requires States to assure: (1) compliance which such emissions cap and offsets requirements; and (2) the provision of emission reduction banks and brokerage institutions authorized under State implementation plan and acid deposition control provisions. Sets forth provisions for a priority list and emissions limitations. Directs the Administrator to publish, by January 1, 1986, a priority list of proposed control strategies for sulfur dioxide emissions reductions: (1) at major stationary sources which began operation prior to enactment of this Act; and (2) for which the Administrator intends to provide assistance by the use of funds available under the trust fund established by title II of this Act. Allows such control strategies to include specified methods or projects for net emission reduction, in addition to certain continuous emissions reductions measures, if emissions limitations under such methods or projects are enforceable by the Federal Government, States other than those in which the emissions occur, or citizens under provisions for citizen suits under the Act. Sets forth other requirements relating to such priority list. Authorizes the Administrator to limit the number of projects on the priority list which rely on fuel switching, if substantial unemployment or economic dislocation might otherwise result. Authorizes the Administrator to include on the priority list control strategies for emissions reductions by sources outside the acid deposition impact region under specified conditions relating to acid deposition or air quality improvement. Requires each State, within 12 months after publication of the priority list, to adopt enforceable measures, including emissions limitations and compliance schedules, to achieve the reductions in sulfur dioxide emissions set forth on the priority list for each source within such State. Directs each State Governor to submit such measures to the Administrator for review, and to the Governors of all States in the acid deposition impact region for comment. Directs the Administrator to approve such measures within six months, taking into consideration the comments of Governors of the other States, if specified conditions are met. Provides that such measures shall be deemed State implementation plan requirements. Requires each major stationary source identified for such a control strategy to be in compliance with such an emission limitation by January 1, 1993, but does not require any such source to implement a particular control strategy, provided that the emission limitation is achieved. Directs the Administrator to use funds available under the trust fund established under title II of this Act to pay up to 70 percent of the capital costs necessary to implement the control strategies identified in the priority list. Sets forth conditions for such assistance. Directs the Administrator to use funds available under such trust fund to pay up to 30 percent of the operation and maintenance costs necessary to implement such control strategies. Sets forth conditions for such assistance. Directs the Administrator, within 12 months after the publication of the priority list, to enter into binding agreements with the owners and operators of all sources with a control strategy included on the priority list. Sets forth requirements relating to such agreements. Limits to five percent of the funds available under such trust fund the amount which may be used to assist specified air quality improvement projects outside the acid deposition impact region. Allows up to two percent of the funds available under such trust fund to be used for the development and demonstration of sulfur dioxide emission control technologies or to conduct specified research under the Energy Security Act of 1980. Sets forth alternative reduction requirements which shall apply to all fossil-fuel-burning electric generating facilities which are major stationary sources located within: (1) the acid deposition impact region, if the Administrator fails to publish the priority list by January 1, 1986; or (2) any State, if such State fails to promulgate emissions limitations and compliance schedules as required under this Act. Title II: Acid Deposition Reduction Trust Fund - Establishes within the Treasury of the United States the Acid Deposition Reduction Trust Fund, consisting of such amounts as may be appropriated or transferred to the trust fund under this title. Appropriates to the trust fund amounts determined by the Secretary of the Treasury to be equivalent to the revenues received in the Treasury under the taxes imposed by this title. Provides that amounts in the trust fund shall be available only for expenditures relating to control strategies under title I. Imposes a tax on: (1) sulfur dioxide emissions from major stationary sources; (2) nitrogen oxides emissions from major stationary sources; and (3) nitrogen oxides emissions from motor vehicles and other mobile sources, including aircraft, railroad locomotives, and heavy construction equipment, without regard to whether it is capable of being relocated. Provides that such tax shall take effect on January 1, 1985, and terminate December 31, 1994. Directs the Secretary, after consultation with the Administrator, to establish such tax rates so that the total received during the period such tax is in effect shall be $40,000,000,000. Requires that: (1) two-thirds of such amount will be received from the tax on sulfur dioxide emissions from major stationary sources; (2) one-sixth of such amount will be received from the tax on nitrogen oxides emissions from major stationary sources; and (3) one-sixth of such amount will be received from the tax on nitrogen oxides emissions from motor vehicles and other mobile sources. Provides that the taxes on sulfur dioxide and nitrogen oxides emissions from major stationary sources be paid by the operator of each such source. Provides that the portion of the tax imposed on nitrogen oxides emissions attributable to light-duty motor vehicles shall be paid at the time of first sale by the ultimater purchaser of each such vehicle sold in the United States after December 31, 1984. Provides that the portion of the tax on nitrogen oxides emissions attributable to mobile sources other than light-duty motor vehicles shall be paid by the owner of each such mobile source on an annual basis. Authorizes the Secretary to adjust such tax rate in the light of accumulated experience. Makes such adjustments effective on January 1 of 1987, 1990, or 1993. Authorizes the Secretary to modify such tax rate with respect to the operator of a specific fossil-fuel-burning electric generating facility which will be installing a technological system of continuous emission reduction to comply with certain emission limitations during the period such tax will be in effect. Requires that such modification establish a tax of equal annual amounts during such period, based on the average of emission levels expected prior to and subsequent to the installation and operation of such technological system. Authorizes the Secretary to establish such tax rates on sulfur dioxide and nitrogen oxides emissions from major stationary sources on the basis of ranges of quantities of such pollutants emitted from a class of such sources, in lieu of a strict per-unit-of-weight rate, if it is enforceable and produces adequate revenue, without imposing monitoring costs which bear no reasonable relationship to the revenues received from such sources. Sets forth administrative provisions relating to the trust fund. Authorizes the Secretary to allow a source to make annual payments of equal amounts in those cases where a source otherwise would be required prior to installation of control technology to make payments substantially greater than payments after the installation of such technology. Allows such a source, if it is one which would receive assistance from the trust fund, to escrow its tax payments if such action would levelize electricity rate charges.
United States · United States Congress · 19 October 1983
Retirement Equity Act of 1983 - Title I: Amendments Relating to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to lower the age requirement for participation in a tax- deferred retirement plan from 25 to 21. Lowers the minimum age at which years of employment begin to be credited for retirement plan vesting purposes from 22 to 18. Provides that nonvested participants in a retirement plan with a break in service of up to five years will not lose credit for pre-break periods of service. Permits limited breaks in service for paternity or maternity leave without loss of vesting credits. Requires tax-deferred retirement plans to offer survivor benefits to plan participants who have attained age 45 and have ten years of creditable service. Requires spousal consent in order for a retirement plan participant to elect not to take a joint and survivor annuity. Requires that such consent must be in writing and must be witnessed by either a plan representative or a notary public. Allows the assignment of the benefits of a retirement plan in the case of a judgment, decree or order relating to child support, alimony payments, or marital property rights pursuant to a State's domestic relations law. Sets forth rules for the tax treatment of retirement plan distributions pursuant to a divorce decree. Increases the amount of allowable mandatory distributions from a retirement plan from $1,750 to $3,500. Requires that a plan participant must be notified that benefits under the plan may be forfeited if the participant dies before a certain date. Title II: Amendments Relating to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to incorporate into such Act the changes made by Title I of this Act.
United States · United States Congress · 19 October 1983
Criminal Fine Collection Act of 1983 - Amends the Federal criminal code with respect to the imposition, payment, and collection of fines. Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant. States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Permits a sentence to pay a fine to be stayed while an appeal is taken. Makes a fine delinquent if any portion of such fine is not paid within 30 days of when it is due. Provides that a fine is in default if it is more than 90 days delinquent. Allows for the modification or remission of a sentence to pay a fine. Requires the clerk to forward each fine payment to the U.S. Treasury and notify the Attorney General of its receipt. Requires the court to certify to the Attorney General when a fine exceeding $100 is imposed, modified, or remitted. Makes the Attorney General responsible for the collection of any unpaid fine for which certification has been issued. Allows the court to impose interest and monetary penalties for any willful nonpayment. Establishes civil remedies for the satisfication of an unpaid fine. Provides that a judgment imposing a fine may be enforced by execution against the property of the person fined as are judgments in civil cases. Allows the court to resentence a person upon willful failure to pay a fine to any sentence which might originally have been imposed. Provides for a statute of limitations on the liability to pay a fine of 20 years or upon death of the person fined. Provides penalties for criminal default of a fine. Makes payment of a fine a condition of probation or parole in certain circumstances. Requires the Attorney General to include in the annual crime report steps taken to implement this Act and any progress achieved in criminal fine collection.
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
Food Safety Modernization Act of 1983 - Title I: Amendments to the Federal Food, Drug and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act to define "safe", as applied to food additives, color additives, pesticide residues, and other specified substances, to mean a reasonable certainty that the risks of a substance under the intended conditions of use are negligible. Authorizes the Food and Drug Administration (FDA) to permit, under specified conditions, the gradual elimination or phase-out of substances from the food supply if the FDA determines that there will be no unreasonable risk to the public health from continued use of a substance while it is phased out and there is no practicable substitute. Permits an extension for up to an additional five years. Provides that certain cancer-causing substances shall not be banned (and may be approved) if the proponent of use demonstrates on the basis of credible experimental evidence that the risks to humans under the intended conditions of use are negligible. Authorizes the FDA to consider the benefits to human health from a long-used additive with no practicable substitute before prohibiting its use on the basis of risks to human health. Permits continued use of an additive if the risks to human health are acceptable on account of the benefits to human health, such as the effects of its use on the nutritional value and availability of food and uses for dietary management and other health-related purposes. Directs the FDA to establish an independent scientific peer review committee to study and give advice on substantial scientific issues related to food safety. Requires the FDA, within two years of enactment of this Act, to establish by regulations standards to determine under what circumstances the use of a substance in a food contact situation (i.e., an indirect additive) meets the food additive definition of the Federal Food, Drug, and Cosmetic Act. Directs the FDA, in issuing regulations, to consider the extent of human exposure to a substance under its intended conditions of use and the toxicological characteristics of the substance. Title II - Amendments to the Poultry Products Inspection Act, the Federal Meat Inspection Act, and the Egg Products Inspection Act - Amends the Poultry Products Inspection Act, the Federal Meat Inspection Act and the Egg Products Inspection Act to provide that a meat, poultry or egg product is adulterated because it contains an added poisonous or added deleterious substance when the presence of the substance renders the food unsafe within the meaning of the Food, Drug, and Cosmetic Act. Authorizes the Secretary of Agriculture to issue regulations for added poisonous or added deleterious substances in meat, poultry and egg products but only if the FDA has not already done so. Authorizes the Secretary to phaseout the use of substances in meat, poultry, and egg products for which the Department of Agriculture has primary responsibility. Directs the Secretary to establish an independent scientific peer review system. Title III - Effective Date - Provides that the Act shall become effective upon enactment.
United States · United States Congress · 6 October 1983
Dairy Farmer Protection Act of 1983 - Amends the Agricultural Act of 1949 to reduce milk price support levels from $13.10 per hundredweight to $11.85 per hundredweight. Repeals the two 50-cent milk producer assessments. Amends the Agricultural Adjustment Act, as amended and reenacted by the Agricultural Marketing Agreement Act of 1937, to set the minimum price for class I (fluid) milk under milk marketing orders at $12.56 per hundredweight.
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
Allows the President an item veto of appropriations bills except any item of appropriation for the legislative branch or the judicial branch. Requires the President, in signing such a bill, to designate the provisions disapproved and return the bill to the house in which it originated. Subjects such bills to the same proceedings as other bills disapproved by the President.
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 · 27 September 1983
Prohibits furnishing foreign assistance to any country which is a member of the United Nations and fails to vote in favor of a U.N. resolution deploring the Soviet attack on Korean Air Lines flight 7.
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 · 20 September 1983
Amends the Internal Revenue Code to allow income tax deductions for contributions to private foundations on the same basis as contributions to public charities (deductible up to 50 percent of the taxpayer's adjusted gross income). Redefines "lineal descendants" to include only children and grandchildren, for purposes of private foundation penalty tax rules dealing with substantial contributors. Provides that private foundation gifts to public charities do not forfeit their tax deductibility due to the disqualification of the charity's tax exemption if: (1) the gift is made before the Secretary of the Treasury publishes a notice of disqualification or before the foundation receives actual notice of disqualification; (2) and the foundation was not responsible or aware of the charity's change in status. Exempts a private foundation from expenditure responsibility requirements if such foundation and all related foundations contribute no more than $25,000 in grants during a taxable year. Permits the Secretary to abate first tier penalty taxes on private foundations if it is determined that a violation of private foundation rules was due to a reasonable cause and not to intentional disregard to rules and regulations, and was corrected within the statutory correction period.
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 · 14 September 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to extend by three months the cutoff date for disability determinations which will be subject to provisions allowing the continued payment of disability benefits during an administrative appeal.
United States · United States Congress · 13 September 1983
Local Prosecutor's and Sheriff's Relief Act of 1983 - Authorizes the Attorney General to: (1) make grants to State or local governments to help them meet specified expenses when the Federal interest is served by the vigorous prosecution of specified defendants; and (2) prescribe rules for the disposition and accounting of grant moneys. Authorizes appropriations for FY 1984 through 1986.
United States · United States Congress · 13 September 1983
Fresh Vegetable and Potato Trade Act of 1983 - Provides for the establishment of a surtax on imported vegetables considered to be economically injurious or threatening to U.S. vegetable producers. Designates certain vegetables and potatoes listed in the Tariff Schedules as a "vegetable category". Allows the Secretary of Agriculture, upon petition, to designate, for the market season, any other vegetable in the Tariff Schedules as a "vegetable category" if the Secretary concludes that economic injury is being caused or threatened to U.S. producers of such vegetable. Requires the Secretary to monitor, weekly, the market prices paid for any vegetable in a "vegetable category". Provides that if the Secretary determines that the average market price paid for such a vegetable does not equal 90 percent of the average price paid for such a vegetable for such week in the immediately preceding three years, then the Secretary, within five working days, must publish notice in the Federal Register that such a vegetable is to be included in a "depressed" vegetable category. Directs the Secretary with respect to such "depressed" vegetable category to monitor daily, the prices paid for such a vegetable and, weekly, the volume of imported vegetables in such category that are sold in terminal markets. Authorizes the Secretary to presume that an imported vegetable is causing or threatening economic injury to U.S. producers of a like vegetable if the Secretary makes a determination that: (1) the average market price of a vegetable included in the "depressed" vegetable category is below the benchmark price for such vegetable; and (2) the volume of such vegetable exceeds five percent the volume of the same imported vegetable sold in a terminal market during an equivalent week in calendar year 1978. Establishes a surtax for such an imported vegetable. Provides that such surtax shall be in effect for 180 days and can be extended for another 90 days if the Secretary determines that the same conditions exist. Requires the Secretary to notify the exporting countries of the imposition of such surtax or such an imported vegetable. Provides for the calculation and administration of such surtax.
United States · United States Congress · 12 September 1983
States that the United States: (1) condemns the Soviet destruction of Korean Air Lines Flight 7 and calls for an explanation from the Soviets; (2) extends its sympathies to the families who lost loved ones and supports their rights to obtain compensation from the Soviets; (3) calls on the Soviets to assist in the recovery of the remains of the victims; (4) reaffirms the actions against Aeroflot and calls for an international investigation by the International Civil Aviation Organization; (5) urges the international community to demand that the Soviets modify its air defense procedures to assure the safety of commercial airliners; (6) urges other nations to join the United States in applying sanctions against Soviet civil aviation; (7) notes that Soviet refusal of responsibility raises doubts among the world community over the Soviet's willingness to behave as a responsible member of the international community; and (8) urges our allies to cooperate with the United States in implementing additional sanctions against the Soviet's until certain conditions are met.
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 · 4 August 1983
Textile Fiber and Wool Product Identification Improvement Act - Amends the Textile Fiber Products Identification Act and the Wool Products Labeling Act of 1939 to require a textile fiber or wool product to be so labeled if it has been processed or manufactured in the United States. Requires the product, as well as the package in which it is contained, to be labeled as to country of origin. Requires catalog sales descriptions and other advertisements for textile and wool products to contain country of origin information. Requires that the identification label on imported textile fiber or wool products be affixed to the most conspicuous place on the inner side of the product.
United States · United States Congress · 4 August 1983
Requires an executive agency to which the Federal Property and Administrative Services Act of 1949 applies to determine before procuring supplies or services from a multiple-award schedule of the Federal Supply Schedule whether the supplies or services are available from a local private commercial source. Requires the agency to purchase the commercial product if the product is of the same quality as the product available under a multiple-award schedule and has the same or lower price. Directs the Administrator of General Services to report to Congress on actions taken, including promulgation of regulations, to carry out the above requirements. Prohibits a contractor from being awarded a contract (unless there are extraordinary or extenuating circumstances) during the two-year period beginning on the date on which the latest multiple-award schedule contract with such contractor terminates, if there are no purchases of supplies or services from such contractor under a multiple-award schedule contract during any three-year period. Prohibits an executive agency from using sums in any imprest fund to make small purchases in an amount (subject to increase or decrease according to the Producer Price Increase) exceeding, for one transaction: (1) $500; or (2) under emergency conditions, $650.
United States · United States Congress · 4 August 1983
Expresses the sense of the Senate that the United States should seek to: (1) urge other governments to conduct their own investigations of suspected chemical warfare; (2) help the United Nations gain access for U.N. investigators to areas where chemical and toxin weapons use is suspected; and (3) negotiate with the Soviet Union on strengthening existing agreements on chemical, biological, and toxin weapons.
United States · United States Congress · 4 August 1983
Expresses the sense of the Senate that the Internal Revenue Code should be amended to establish a flat-rate individual income tax based on the following principles: (1) the tax system should be simple, understandable, and evenhanded; (2) no income should be taxed more than once; (3) all income should be subject to the same rate, which should be as low as possible; (4) the tax base should be as broad as possible, with very few credits, deductions, or exclusions; (5) personal tax exemptions should be large enough to exempt the poorest households from tax liability; and (6) the amount of overall tax revenue should be no greater than under the current tax system.
United States · United States Congress · 4 August 1983
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should develop and present to Congress a plan to correct the benefit disparity caused by the 1977 changes in the social security retirement benefit formula.
United States · United States Congress · 3 August 1983
Freedom from Government Competition Act of 1983 - Requires Government agencies to obtain all goods and services from private sources unless the goods or services are required by law to be provided by such an agency, or the head of such an agency certifies to Congress his or her determination that: (1) Government production or provision of such goods or services is necessary for the national defense or for the agency to maintain the capability necessary to effectively manage goods and services provided by private sources; (2) there is no private source capable of providing the goods and services at a competitive price; or (3) the services involve the administration of public funds. Requires the Director of the Office of Management and Budget to conduct a study and submit a report to Congress identifying all current agency activities not in compliance with this Act. Requires that such report contain a schedule for transferring all such activities to the private sector within five years after the date such report is submitted.
United States · United States Congress · 3 August 1983
Peace-Time Veterans' Educational Assistance Act - Establishes a new educational assistance program for the peace-time force. Excludes graduates of service academies from eligibility for such assistance. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least three years to basic educational assistance. Entitles veterans of the Selected Reserve who are graduates of secondary schools and who have served at least two years of continuous active duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $300 for a full-time approved program of education. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Entitles veterans who have served three or more consecutive years of active duty in addition to those required for basic educational assistance to supplemental educational assistance. Entitles such veterans to a monthly supplemental assistance allowance of $300 a month. Permits the provision of basic or supplemental assistance at a higher rate to any individual entitled to supplemental educational assistance who has a skill or specialty in which there is a critical shortage of personnel. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharges and time spent physically or mentally disabled. Excludes time an individual was in an alcohol or drug dependence or drug abuse condition if recognized treatment has been sought and the condition is under control. Directs the Administrator to suspend payment of an educational assistance allowance for any reservist failing to fullfill Reserve obligations. Prohibits participation in more than one program of educational assistance. Allocates the administration and costs of such programs to the Veterans Administration, the Department of Transportation, and the Department of Defense. Requires the Secretary of Defense and the Administrator to submit to Congress an annual report on the operations of such programs. Establishes a Career Members' Contributory Educational Assistance Program for members of the armed forces serving on active duty who have completed ten years of service. Allows such members to enroll in such educational benefits program by contributing a monthly deduction to the Career Member Education Account. Limits such contributions to not less than $25 but not more than $100. Authorizes the Secretary to match such contributions at a two for one rate after 24 months of participation by any member and to contribute additional amounts he deems necessary to encourage persons to remain in the armed forces. Provides procedures for refunds of contributions due to: (1) disenrollment from such program; (2) death of a participant; and (3) discharge of release under conditions which would bar the use of educational benefits. Sets forth the formula for determining the amount of entitlement and the methods of payments of benefits to eligible members who pursue a program of education. Authorizes eligible veterans to transfer their educational benefits to their spouses or children in accordance with regulations prescribed by the Secretary. Limits educational assistance under such program to the date ten years beyond an eligible veteran's discharge or release date. Directs the Secretary of Defense to submit a report to the Administrator each month on deductions made from the military pay of program participants. Requires the Secretaries of Defense and Transportation to transfer funds for administrative costs to the Administrator. Authorizes the Secretary of Defense to prescribe regulations to grant leaves of absence (not to exceed 24 months) to eligible members of the armed forces to pursue a program of education. Requires members granted such leave to agree in writing to extend their active duty service for a period of two months for each month of leave of absence. Allows payment to such members of basic allowance for quarters and subsistence while on such leave. Sets forth the circumstances under which the Secretary may cancel such leaves of absence. Requires the Secretary concerned to provide individual predischarge counseling which includes a discussion of educational benefit entitlements. Makes persons who enter the military service after December 31, 1980, ineligible for participation in the Post-Vietnam Era Veterans' Educational Assistance Program. Eliminates the delimiting period for the Veterans' educational assistance program for veterans who enlisted or served before January 1, 1977. Requires the Secretaries of Defense, Health and Human Services, and Transportation to transfer payment and administrative funds to the Administrator for such program. Sets forth effective dates.
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
Small Business Competition in Contracting Act of 1983 - Amends the Small Business Act to prohibit Government procurement officers from using qualified bidders or similar lists to preclude small businesses from being awarded contracts without referring the matter for final disposition to the Small Business Administration (SBA). Requires the SBA to certify small businesses as eligible to perform specific Government subcontracts if the contract involved exceeds $100,000 or the approved limits of a contractor's procurement system, whichever is greater. Provides that a Government procurement officer may not refuse to include a product of a small business concern or group of small business concerns on a qualified products list without referring the matter for final disposition to the SBA. Prohibits the SBA from: (1) establishing an exemption from the requirements that Government procurement officers refer questions as to a small business' eligibility as a Government contractor to the SBA for disposition; or (2) refusing to accept such a referral. Requires prime contractors on Government procurement contracts (in excess of $500,000 or $1,000,000 for construction) to develop and submit a plan to Government agencies for placing subcontracts in designated areas of high unemployment. Declares it to be the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the award of Government prime contracts and subcontracts for appropriate portions of component systems, spare parts, and services for major weapon systems. Provides that during the planning for contracts for the procurement and performance of services or for the production or assembly of goods for major weapon systems, the head of each Federal agency shall maximize competition for such components or services so as to insure to the maximum extent practicable that small and small disadvantaged businesses are not precluded from performing as prime contractors and subcontractors on such contracts. Requires Federal agencies to publicly post and make available to small businesses information concerning the agencies' solicitations, unless such disclosure of information would be a breach of security or would disclose the Government's cost estimate for the procurement. Directs the Department of Defense to use funds appropriated for the development or production of any major weapon system to acquire manufacturing data relating to such system. Requires contracts entered into by any military department for the development or production of any major weapons system to contain provisions insuring the Government's acquisition of such manufacturing data, including conditions under which the contractor waives proprietary rights with respect to data necessary for the performance of such contracts. Provides waiver authority upon notification to specified congressional committees in instances where the military department determines that manufacturing technical data is not necessary. Directs each military department, within a specified time, to complete an inventory of the manufacturing technical data which the Government has in its possession or to which it has access. Directs the Comptroller General of the United States to transmit to Congress, within three years after enactment of this Act, a report evaluating each military department's efforts to compile an inventory of the manufacturing data in its possession or to which it has access. Provides that the exclusive remedy for the violation of protected information by the Government is a suit in the United States Claims Court for damages. States that Federal procurement rulemaking is to be covered under the Administrative Procedure Act.
United States · United States Congress · 3 August 1983
Prohibits the Secretary of Agriculture from implementing before November 1, 1983, the second scheduled 50-cent milk producer assessment (otherwise effective September 1, 1983, under the Agricultural Act of 1949, as amended by the Omnibus Budget Reconciliation Act of 1982).
United States · United States Congress · 28 July 1983
Fire Island National Seashore Amendments Act of 1983 - Requires the Secretary of the Interior to sell any property within the boundaries of the Fire Island National Seashore in New York which is acquired by condemnation under this Act (except for certain undeveloped tracts within the Dune District, certain beach areas, property within a specified eight-mile park area, and any property acquired before October 1, 1982, which the Secretary determines should be retained to further the purposes of this Act). Requires that the Secretary sell the property: (1) to the highest bidder; (2) at not less than fair market value; and (3) subject to covenants or restrictions to ensure that the use of the property conforms to standards protecting the national seashore and to any approved zoning ordinance to which the property is subject. Provides that money from such sales shall be available to the Secretary only for purposes of acquiring property within the seashore. Authorizes the Secretary, upon or after the commencement of any condemnation action, to apply for a temporary restraining order or injunction to prevent any use of, or construction upon, the property involved that would fail to conform to the standards protecting the seashore or that would result in undeveloped tracts in the Dune District not being maintained in their natural state. Provides for the termination of the suspension of the Secretary's authority to acquire property within the seashore boundaries by condemnation because of nonconforming variances and uses with respect to any property, including improved property but excluding undeveloped property in the Dune District, which becomes subject to such a variance or use after the enactment of this Act. (Currently, the suspension of the Secretary's authority to acquire property by condemnation because of non-conforming variances and uses is terminated with respect to any improved property which becomes subject to such a variance or use.)
United States · United States Congress · 28 July 1983
Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of hepatitis B vaccination and its administration for end stage renal disease patients.
United States · United States Congress · 28 July 1983
Establishes a Commission on the Eleanor Roosevelt Centennial to encourage and coordinate Federal observance of October 11, 1984, the centennial of Eleanor Roosevelt's birth. Directs the Secretary of the Interior, acting through the Director of the National Park Service, to complete the renovation of the Eleanor Roosevelt National Historic Site at Val-Kill in Hyde Park, New York in FY 1984, sufficiently to open it to full public visitation. Authorizes appropriations.
United States · United States Congress · 26 July 1983
Expresses the sense of the Congress that gratitude and commendation be extended to community arson prevention organizations and that the U.S. Fire Administration is to be encouraged to work to reduce the crime of arson and develop national fire prevention policy.
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 · 21 July 1983
Capital Formation Tax Act of 1983 - Amends the Internal Revenue Code to increase the income tax deduction for net capital gains to 80 percent on the sale of stock if the following requirements are met: (1) the stock must be purchased through an initial stock offering; (2) the stock must be purchased from the initial offeror, underwriter, broker, or agent; (3) the stock must represent contributions to capital or paid-in surplus; and (4) the stock must have been held for at least five years at the time of the sale or exchange.
United States · United States Congress · 21 July 1983
Authorizes the Attorney General to make contracts retaining private counsel to furnish collection services in the case of any claim of indebtedness owed the United States. Permits the head of an executive or legislative agency to refer to a private counsel so retained any claims of indebtedness owed the United States arising out of such agency's activities. Declares that for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Requires the Attorney General to transmit to Congress a quarterly report on the activities of the Department of Justice to recover such indebtedness. Requires the Attorney General to transmit to Congress a report on the actions taken under this Act within 60 days after the date of enactment.
United States · United States Congress · 20 July 1983
Elderly and Handicapped Housing Act of 1983 - Amends the Housing Act of 1959 to revise the authority of the Secretary of Housing and Urban Development to make loans for the provision of housing and related facilities for elderly or handicapped families. Authorizes the Secretary to provide assistance in the form of a deferred payment advance in lieu of such a loan to any corporation, consumer cooperative, or public agency or body for the provision of such housing. Conditions such assistance only on the Secretary's finding that: (1) the construction will be undertaken in an economical manner with no extravagant design or materials; and (2) the housing will be affordable for elderly or handicapped families who have no affordable housing alternatives. Limits the amount of such assistance to the total development cost of a project. Authorizes the Secretary to provide additional assistance to such an entity in an amount not exceeding 75 percent of the total development cost of a project if part of the financing is to be provided by a public housing agency. Requires repayment of such assistance, with deferred interest, after 20 years. Permits the Secretary to forgive a portion of an advance for each year after 20 years that a project continues to serve elderly and handicapped families, and the entire advance and interest thereon after 40 years of continued service. Directs the Secretary to require that at least 75 percent of the units of a project receiving an advance be made available to lower income families during the initial 20-year period of such advance. Authorizes appropriations. Requires the rents for lower income families occupying such projects to be determined in accordance with provisions governing the determination of rents for lower income occupants of units assisted under the United States Housing Act of 1937, with certain exceptions. Directs the Secretary to enter into contracts with owners of assisted projects to make payments to cover the costs of units occupied by lower income families that are not met from project income. Limits: (1) the annual contract amount per project; (2) the aggregate contracting authority of the Secretary per year; and (3) the aggregate amount that may be obligated over the duration of the contracts.
United States · United States Congress · 13 July 1983
Health Care Coordination Act of 1983 - Amends title XIX (Medicaid) of the Social Security Act to authorize any State, subject to a waiver being granted, to establish as a component of its State plan a comprehensive program under which individuals who are eligible for benefits under Medicaid and under title XVIII (Medicare) of the Act (other than an individual having end stage renal disease) shall be furnished health care and other services as described by such program. Requires any such program to provide at least the following services: (1) all services for which payment would be made under title XVIII; (2) all medical assistance for which an individual would otherwise be eligible under the State Medicaid plan; (3) case management, including assessments and periodic reassessments; and (4) to the extent the State determines such services to be required by an individual enrolled in the program homemaker and home health aid services, and adult day health care services. Authorizes a State to provide, in addition, any other community-based services necessary to maintain an enrolled individual in the community who would otherwise be institutionalized. Provides that: (1) a program established under this Act need not be in effect statewide; and (2) in any case in which more than one program is in effect in a State, each program shall be considered independently for purposes of meeting program requirements. Requires all services provided under the program to be provided by providers qualified under title XVIII or XIX. Makes any individual eligible for coverage under the program who is eligible for both Medicaid and Medicare (excluding those with end stage renal disease). Makes enrollment optional with the individual. Prohibits enrollment of any individual who is an inpatient in a skilled nursing or intermediate care facility if more than 25 percent of the individuals enrolled in the program already are inpatients in such facilities. Requires the percentage of individuals enrolled in a program who are disabled or frail elderly individuals to be approximately equal to or greater than the percentage of the population of such individuals eligible under Medicare and Medicaid in the area served by the program. Provides that the amounts and methods of payment under the program may be any one of several specified methods used under titles XVIII and XIX. Authorizes the Secretary of Health and Human Services to grant a waiver of Medicaid and Medicare requirements to any State as may be necessary to establish a program or programs if such State provides satisfactory assurances that: (1) the total cost to State and Federal Governments will not exceed the total cost which would have been incurred if the program were not in effect; (2) quality of and access to health care under the program will be maintained; and (3) the program meets the requirements of this paragraph. Permits a waiver of: (1) the skilled care, intermittent care, and homebound requirements for the provision of home health services under Medicare; (2) the skilled care and post hospital requirement for extended care under Medicare; (3) Medicaid requirements relating to state coverage, comparability of services, and freedom of choice of providers; (4) any Medicaid or Medicare provision relating to methods and amounts of reimbursement; and (5) specified other Medicare and Medicaid requirements relating to amount and duration of covered services, enrollment fees, premiums, deductions, cost sharing, and similar charges. Requires a State to provide for quality assurance review of any program established under this Act. Directs the Secretary to make payments to a State on a per capita basis with respect to each individual enrolled in a program. Provides that the amount of such payment shall be 95 percent of the adjusted average per capita cost of institutionalized individuals as determined for purposes of Medicare health maintenance organization reimbursments in the case of any individual who is an inpatient in a skilled nursing facility or intermediate care facility, or who: (1) has been determined to require the level of care provided in a skilled nursing facility or intermediate care facility, but for the provision of home or community-based services under this program; and (2) is dependent on personal assistance on a daily basis for at least two of the following activities eating, bathing, use of the toilet, transferring to and from bed, or dressing. Requires the State to pay the premium under part B (Supplementary Medical Insurance) of title XVIII for each individual enrolled in the program. Requires: (1) each State with a program under this Act to report to the Secretary at least annually; and (2) the Secretary to report to Congress one year after enactment, and then again three years after enactment.
![Official portrait of Sen. D'Amato, Alfonse [R-NY]](https://www.congress.gov/img/member/d000018_200.jpg)