United States · United States Congress · 17 March 1983
Amends the Internal Revenue Code to treat as long-term capital gain amounts actually paid to a taxpayer with respect to a small business participating debenture which constitute the distribution of a share of earnings of the issuer. Defines "small business participating debenture" (SBPD) as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears interest at not less than specified by the Secretary of the Treasury; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of whose outstanding SBPD's does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission. Allows an interest expense deduction for interest and share of earnings payments made on such debentures. Treats losses on small business participating debentures as ordinary losses.
United States · United States Congress · 16 March 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. 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 or 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, 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 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: Limitation of the Exclusionary Rule - Exclusionary Rule Limitation Act of 1982. Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in a reasonable good faith belied in its conformity with the Fourth Amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of good faith, absent intentional and material misrepresentation. Title IV: Criminal 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; (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 issued 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. Title V: 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 constitutiong 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 VI: Reform of Federal Intervention in State Proceedings - Reform of Federal Intervention in State Proceedings Act of 1983 - Conditions consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the Federal right violated and a showing that: (1) State action precluded assertion of the right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal or habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Title VII: 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 charges in the registration of practitioners. Title VIII: 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. 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 FY 1984 through 1987. Title IX: 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 X: Reinstitution of Capital Punishment - Establishes procedures for imposition of the death penalty in certain homicide, treason and espionage cases. Title XI: 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 XII: 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 XIII: Federal Tort Claims Act Amendments - Amends the Federal Tort Claims Act to make the United States rather than the individual Federal employee civilly liable for common law and constitutional torts involving injury to property or persons. Title XIV: 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. Title XV: Serious Nonviolent Offenses - Amends the Federal criminal code to make it a Federal offense to cause injury or death to any person by adulterating a food, drug, cosmetic or other product. Establishes separate offenses, for any person who conveys false information concerning an attempt at such adulteration. Amends the Sexual Exploitation of Children Act of 1977 to prohibit the transfer of any materials involving the sexual exploitation of minors, even if they are found not to be obscene. 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. Title XVI: 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 · 16 March 1983
Age Discrimination in Employment Amendments of 1983 - Amends the Age Discrimination in Employment Act of 1967 to remove the existing 70-year upper age limit of the class to which the discrimination prohibitions apply, thus extending coverage to all individuals who are at least 40 years of age. Allows compulsory retirement of tenured faculty of an institution of higher learning until July 1, 1998. Delays the effect of this Act for employees under a collective bargaining contract until January 1, 1987, or the termination of such contract, if earlier.
United States · United States Congress · 16 March 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to extend the authorization of appropriations to the Hazardous Substance Response Trust Fund ("Response Trust Fund") for five additional years, through FY 1990. Provides that so much of the aggregate amount authorized to be appropriated from FY 1985 through 1989 as has not been appropriated before FY 1990 shall be added to the specified amount authorized to be appropriated for FY 1990. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Response Trust Fund. Extends the authority to collect taxes conferred by such Act through FY 1990. Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum.
United States · United States Congress · 15 March 1983
Expresses the sense of the Senate that Anatoly Shcharansky should be released from prison in the Soviet Union and permitted to emigrate to Israel. Urges the President and the Secretary of State to express U.S. opposition to the imprisonment of Anatoly Shcharansky.
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 · 9 March 1983
Permits nonresident foreign nationals to collect royalties for the secondary transmission of their work in this country only if their own countries provide equivalent treatment for U.S. citizens and their work.
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 · 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
Natural Gas Policy Act Amendments of 1983 - Title I: Findings and Purpose - Sets forth: congressional findings concerning natural gas, and the purposes of this Act. Title II: Amendments to the Natural Gas Policy Act of 1978 - Amends the Natural Gas Policy Act of 1978 to add to the definition of Btu. Sets forth a method of determining the number of Btu's per unit volume of natural gas. Defines definite price provision, indefinite price provision, market-out provision, and take-or-pay provision, for purposes of the use of such terms in a contract for the first sale of natural gas. Requires the price under any contract for the first sale of natural gas in effect on November 8, 1978, to remain the price after November 8, 1978, unless the contract expressly and specifically by its plain language authorizes prices established by Congress, in which case any price not in excess of the applicable maximum lawful price may apply. Repeals the annual inflation adjustment factors. Provides that the maximum lawful price for any first sale of natural gas shall be deemed to include all costs necessary to, or associated with, the delivery of marketable natural gas to the purchaser. Authorizes an adjustment to the seller for necessary costs which deprive the seller of a just and reasonable return. Authorizes the purchaser an adjustment if the purchaser provides the seller consideration in addition to the maximum lawful prices. Establishes a transportation rate of no less than $0.05 per million Btu's and requires all revenues in excess of such amount to be credited back to the pipeline's customers. Declares null and void all indefinite price provisions in all contracts for the first sale of natural gas. Deems all contracts for the first sale of natural gas which is affected by deregulation to include a market-out provision. Deems all take-or-pay provisions in effect as of enactment to be reduced by 50 percent. Declares null and void any first sale contract which restricts the right of the purchaser to contest the contract. Requires all first sale contracts to be filed with the Federal Energy Regulatory Commission (FERC) and made available to the public. Confers jurisdiction on the FERC to resolve contract disputes, on petition by any party to a contract. Directs the FERC to promulgate a final rule establishing the interest rate at which refunds shall be paid by natural gas companies on any collections made in excess of approved rates. Directs the FERC to undertake and complete a comprehensive study of minimum bill and related provisions in interstate pipeline tariffs.
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 · 2 March 1983
Disapproves the proposed deferral of budget authority (D83-59) for the Urban Mass Transportation Administration Mass Transit Capital Fund, as transmitted by the President to Congress on February 1, 1983.
United States · United States Congress · 1 March 1983
Columbia River Gorge Act of 1983 - Establishes the Columbia River Gorge Scenic Area as a unit of the national forest system. Extends the boundaries of the Mount Hood National Forest in Oregon and of the Gifford Pinchot National Forest in Washington State to include all the lands in their respective States lying within the Area which are not within their boundaries on the enactment of this Act. Provides that national forest system lands in Oregon which are within the Area shall be treated as components of the Mount Hood National Forest and national forest system lands in Washington which are within the Area shall be treated as components of the Gifford Pinchot National Forest for purposes of providing forest system revenues to a State or local government. Requires the Secretary of Agriculture to administer the Area and to provide all interested parties with an opportunity to participate in plans and programs for the management of the Area. Establishes in the Department of Agriculture the Columbia River Gorge Scenic Area Regional Commission, which shall be composed of members from both Oregon and Washington as well as the Chief of the Forest Service. Makes the Commission responsible for: (1) assisting the Chief of the Forest Service in the establishment of a management plan for the Area; (2) facilitating communication and coordination among the Federal, State, and local governmental agencies with jurisdiction within the Area and with residents and landowners within the Area; (3) reviewing and monitoring the implementation of the management plan by such governmental agencies; (4) reviewing all land acquisition proposals submitted by the Secretary in cases involving the potential use of eminent domain; (5) reviewing all Federal development projects within the Area for consistency with the management plan; and (6) preparing an annual report for the Secretary, Congress, and the Governors of Oregon and Washington on the status and implementation of the management plan. Requires the Chief of the Forest Service to prepare a management plan for the Area. Requires the Chief of the Forest Service to consult with the Commission and with State and local government authorities within the Area during preparation of the management plan. Authorizes the Secretary to provide financial and technical assistance to such authorities to carry out land use management activities. Directs the Secretary to incorporate State and local policies, management plans, standards, and requirements into the management plan and resolve any conflicts with the State and local authorities concerned. Requires that the management plan be submitted to the Commission for approval. Authorizes the Secretary to modify and resubmit any plan disapproved by the Commission. Authorizes the Secretary to adopt a resubmitted management plan without the Commission's approval. Permits requests for amendments to or variances from the management plan to be submitted to the Secretary. Prohibits the construction or modification of any facility in the critical portions of the Area before the Secretary's adoption of interim guidelines which shall govern all land use activities within the Area until the management plan is adopted. Requires that Federal activities within the Area be consistent with the interim guidelines and the management plan. Sets forth the procedure for the Secretary's approval of any such activities. Requires the Secretary to permit hunting and fishing on lands and waters under his or her jurisdiction within the Area. Directs the Secretary to monitor all land use activities within the Area prior to the adoption of the management plan to prevent violations of the interim land use guidelines. Requires local governments which have land use planning authority under State law and wish to enforce the management plan within the Area to submit to the Secretary and the Commission a land use plan consistent with the management plan. Requires the Secretary to approve or disapprove such a local plan within six months after its submission. Authorizes the Secretary to make annual grants to local governments to assist them in establishing such land use plans. Directs the Secretary to enforce the management plan if no approved local land use plan is in effect. Imposes criminal penalties for violations of regulations or orders issued pursuant to this Act. Authorizes the Attorney General, at the Secretary's request, to institute a civil action for an injunction or other order to prevent the use of lands in the Area in violation of the management plan. Provides for administrative and judicial review of such violations. Authorizes the Secretary to acquire lands classified as critical lands under the management plan without the owner's consent, unless, as of July 1, 1981, such lands were used primarily for single family residential purposes, farming, or grazing. Requires the Secretary to consider sale offers made by Area landowners. Authorizes the Secretary to acquire non-Federal lands within the Area by exchange. Provides that State lands may be acquired only by donation or exchange. Permits the transfer of Federal property within the Area to the Secretary without consideration. Requires that property thus acquired be: (1) transferred to the jurisdiction of the National Forest Service for inclusion in the national forest system; or (2) sold on terms to assure the use of such property in a manner consistent with the management plan. Authorizes appropriations. Makes appropriations from the Land and Water Conservation Fund available for land acquisition within the Area. Establishes an acquisition fund for land acquisition within the Area. Authorizes appropriations for the initial capital of the fund. Authorizes the Secretary to accept contributions which shall be credited to the fund. Authorizes the Secretary to make payments to local governments to mitigate property tax revenue losses resulting from Federal acquisition of real property within the Area. Limits the authority under this Act to enter into contracts or to make payments to the extent and the amounts provided in advance in appropriation Acts. Makes provisions of this Act which authorize new budget authority effective only for FY 1983 and thereafter.
United States · United States Congress · 28 February 1983
Renewable Energy Employment Act - Title I: Jobs Training in Renewable Energy - Requires the Secretary of Labor to review all Federal job training or placement programs and to implement policies, procedures, and programs to develop a labor force skilled in energy conservation, weatherization of homes, and the use of renewable energy technology. Amends the Job Training Partnership Act to require the Secretary of Labor to administer employment and training programs for Native Americans to meet the specific energy conservation and renewable energy training needs peculiar to their situation. Requires that employment and training programs for veterans under such Act include renewable energy and energy conservation job training for veterans. Title II: Housing and Community Development Programs - Amends the Energy Conservation in Existing Buildings Act of 1976 to require the Secretary of Energy to maintain information on: (1) the areas to be served under the weatherization assistance program; (2) methods for providing priority assistance to elderly and severely handicapped low-income persons; (3) outreach activities with respect to such program; (4) labor plans; (5) policies to ensure that owners and renters are treated equitably; and (6) plans to ensure participation by Native Americans under such program. Requires the Secretary and the Director of the Community Services Administration to include in the annual report to the President and Congress on the weatherization program an evaluation of the effect of such program on energy conservation and employment. Authorizes appropriations for the weatherization program for FY 1984 and succeeding fiscal years. Amends the Housing and Community Development Act of 1974 to include the potential for local energy development, including energy conservation and renewable energy use, among the factors which must be taken into account by the standards issued by the Secretary of Housing and Urban Development for determining the eligibility of cities and urban counties for urban development action grants. Includes among the activities of Community Development Programs which are eligible for assistance under such Act those amounts spent for energy needs. Amends the Housing Act of 1949 to authorize the Secretary of Housing and Urban Development to make loans for energy conservation and renewable energy development or retrofit for housing in rural areas. Requires Federal agencies administering financial assistance programs for economic development or job creation to consider the development of energy conservation and renewable energy as significant criteria for the provision of such assistance. Title III: Promotion of Sustainable Agriculture - Amends the Consolidated Farm and Rural Development Act to include as non-fossil energy systems windmills, anaerobic digesters, alcohol distilleries, microhydroelectric generators, gasifiers, and solar heating systems. Requires the Secretary of Agriculture, in making loans to farmers and ranchers, to promote sustainable agriculture (a set of agricultural production practices which are designed to produce long term, sustainable yields of agricultural products, involve the use of renewable resources, and avoid the use of chemical products). Amends the Rural Development Act of 1972 to require that small farm extension programs assist small farm families in carrying out sustainable agriculture. Provides that sustainable agriculture extension programs shall consist of extension programs to provide farmers with assistance and current information with respect to sustainable agriculture. Permits all other persons in a State, in addition to universities and colleges in such State, to participate in agricultural research and extension programs. (Under current law, only universities and colleges in a State may participate in such programs.) Requires the Secretary of Agriculture, in carrying out the National Agricultural Research, Extension, and Teaching Policy Act of 1977, to ensure that adequate national support of extension, teaching, and agricultural research is provided to establish integrated multidisciplinary organic farming research projects. Requires the Secretary of Agriculture to report annually to Congress on sustainable agriculture in the United States.
United States · United States Congress · 28 February 1983
Renewable Energy Consumer Incentives Act of 1983 - Amends the Solar Energy and Energy Conservation Act of 1980 to extend the life of the Solar Energy and Energy Conservation Bank until September 30, 1990. (Under current law, the Bank will not exist after September 30, 1987.) Requires that a portion of the payments by the Bank to financial institutions to provide financial assistance for the installation of solar energy systems in residential, commercial, and agricultural buildings be allocated for active solar energy. Provides that there shall be no Federal preference with respect to financial assistance between single-family and multifamily residences. Permits all financial institutions to apply directly to the Bank for financial assistance. Authorizes appropriations for FY 1985 through 1990 for the financial assistance program under the Solar Energy and Energy Conservation Act of 1980 for the purchase and installation of residential and commercial energy conserving improvements and solar energy systems. Amends the Internal Revenue Code to make the residential energy credit applicable to expenditures for items which serve a purpose in addition to increasing energy efficiency in a dwelling (such as thermal draperies). Includes passive solar energy property which uses convective, conductive, or radiant energy transfer and which has significant impact on home energy savings as "renewable energy source property" which is eligible for the residential energy credit. Makes the residential energy credit inapplicable to energy conservation and renewable energy source expenditures made after December 31, 1990. (Under current law, such credit is inapplicable to expenditures made after December 31, 1985.) Amends the Low-Income Home Energy Assistance Act of 1981 to permit a State to transfer up to ten percent of its allotment under the low-income home energy assistance program for States to block grants for support of energy related information systems. Requires the Secretary of Energy to develop a formalized information exchange on the Federal, State, and local levels with respect to conservation and renewable energy. Authorizes appropriations to provide financial assistance to States and local governments to coordinate such program. Amends the Solar Energy Research, Development, and Demonstration Act of 1974 to require the Secretary of Energy to maintain a renewable energy and energy conservation information program. (This program replaces the solar energy information program required to be established under current law.) Requires the Secretary to establish a National Appropriate Technology Assistance Service to provide individualized technical assistance to anyone interested in renewable energy and energy efficient technologies. Amends the Motor Vehicle Information and Cost Savings Act to require the Secretary of Transportation to consider the use or integration of renewable fuels and any approaches which maximize conservation and renewable energy applications in determining maximum feasible average fuel economy. Amends the Energy Policy and Conservation Act to require the Federal Trade Commission to prescribe labeling requirements for consumer goods particularly in cases where there is a direct consumer benefit to save energy or utilize renewable energy. Amends the Small Business Act to authorize the Small Business Administration to provide reduced-rate loans to small businesses for acquisition of system performance ratings from testing laboratories for energy conservation and renewable energy systems and technologies. Requires State regulatory authorities to implement standardized contracts for renewable energy systems generating less than 100 kilowatts for: (1) the sale of electric energy from utilities to small power production facilities; and (2) the purchase of electric energy produced by small power production facilities by such utilities. Requires the Secretary of Energy to include renewable energy as a discrete energy sector in all publications of "The Monthly Energy Review". Requires Federal agencies with renewable energy programs to submit annual reports on such programs to Congress. Sets forth reporting requirements which apply to specified Federal agencies.
United States · United States Congress · 28 February 1983
Renewable Energy Small Business Development Act of 1983 - Amends the Internal Revenue Code to extend the investment tax credit for renewable energy property from 1985 to 1990. Increases such credit for solar, wind, and geothermal property. Amends the Export-Import Bank Act of 1945 to require that not less than 12 percent of the loan authority of the Export-Import Bank shall be made available only to businesses with $25,000,000 or less in previous-year sales. Requires that a portion of such loan authority be made available for transactions involving renewable energy. Amends the Public Utility Regulatory Policies Act of 1978 to specify rules for the rates for purchase by electric utilities of electric energy from any qualifying cogeneration facility or qualifying small power production facility. Amends a specified reorganization plan to require the Department of Commerce to provide export assistance to businesses involving renewable energy. Amends the Small Business Innovation Act of 1982 to require that renewable energy and energy conservation businesses receive a reasonable portion of the Department of Energy's small business research and development funds.
United States · United States Congress · 28 February 1983
Renewable Energy National Security Act of 1983 - Requires the Secretary of a military department, when procuring energy systems, to procure systems that include energy-conserving equipment. Includes biofuels as a renewable form of energy for purposes of energy systems procurement by a military department. Requires the Secretary of Defense to provide for the use of biofuels in meeting Department of Defense energy needs to the extent feasible and consistent with overall defense needs. Requires the Secretary of Defense to encourage the use of energy-conserving devices and equipment in military construction projects, including family housing projects, where practical and economically feasible. Amends the Agricultural Act of 1949 to include spoiled and contaminated grains among the accumulated stocks of agricultural commodities which the Commodity Credit Corporation may process into liquid fuels. Authorizes the Corporation to provide for the storage of liquid fuels so processed for use by the agricultural sector during periods of fuel shortages. Requires the Corporation to provide for the processing of spoiled and contaminated commodities into liquid fuels before the processing of stocks of usable feedstock. Amends the Energy Policy and Conservation Act to require the Secretary of Energy to maintain a data base on the location of all stockpiles of renewable energy supplies and biofuels and of all renewable energy production facilities in the United States. Requires that such data be made available to Government departments and agencies upon request. Requires the Secretary of Defense to assess and report to the Armed Services Committees of the House of Representatives and the Senate on the feasibility of using mobile energy systems that use renewable energy as emergency backup energy systems at military installations.
United States · United States Congress · 24 February 1983
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
Neighborhood Development Demonstration Act of 1983 - Directs the Secretary of Housing and Urban Development to conduct a three-year demonstration program to determine the feasibility of supporting neighborhood development activities by providing Federal matching funds to certain nonprofit neighborhood development organizations on the basis of monetary support from the private sector. Limits the amount of grants that may be multiyear awards. Directs the Secretary to use a competitive process in selecting program participants. Requires that a selected participant: (1) demonstrate measurable achievements in certain neighborhood development activities; (2) specify a plan for accomplishing one or more of such activities; and (3) specify a strategy for achieving long term private sector support. Directs the Secretary to establish a Neighborhood Development Advisory Council to evaluate the applicants and recommend selections. Requires the Secretary to: (1) assign each participating organization a program year during which time voluntary private contributions shall be eligible for matching funds; and (2) establish a ratio of between two and ten Federal dollars matched for each dollar privately contributed, which the Secretary shall pay to each organization at the end of each three-month period of the organization's program year. Limits the maximum amount the Secretary may pay to any organization for a year to $50,000. Requires the Secretary to insure that: (1) assistance may be provided under this Act only if the local government of the neighborhood to be assisted certifies that such assistance is consistent with such government's objectives; and (2) eligible neighborhood development activities comply with the Civil Rights Act of 1964. Directs the Secretary to report to Congress on the activities carried out under this Act and any findings or recommendations concerning the demonstration program. Authorizes appropriations.
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
Fair Deposit Availability Act of 1983 - Requires a depository institution, before opening a deposit account, to give a customer written disclosure of its general policy on withdrawal of funds deposited by check or similar instruments into such account. Requires a depository institution to: (1) furnish its customers preprinted deposit slips, or envelopes for automatic teller machine deposits bearing a summary statement of such withdrawal policy; or (2) in the case of a particular deposit by check or similar instrument for which funds may not be immediately available for withdrawal, provide specific notice of the time the customer may withdraw such funds. Requires a depository institution to begin to compute interest on funds so deposited on the date on which such institution receives provisional credit for check or similar instrument. Requires depository institutions to comply with certain endorsement standards. Provides for expedited notice of nonpayment of a check or similar instrument. Requires the Board of Governors of the Federal Reserve System to publish model disclosure forms and regulations to carry out this Act. Provides for administrative enforcement of compliance with this Act. Sets forth civil penalties for any depository institutions which fails to comply with the requirements of this Act.
United States · United States Congress · 23 February 1983
Emergency Services Improvement Act of 1983 - Amends the Federal Property and Administrative Services Act of 1949 to require the Secretary of Defense to allocate surplus personal property of the Department of Defense, which is usable and necessary for civil defense or educational purposes, to the Administrator of General Services for transfer to appropriate State agencies. Requires the Secretary to confer with the Director of the Federal Emergency Management Agency when determining which property is usable for civil defense or educational purposes. Requires the Director to review the available property continuously and to notify the Secretary upon identifying property appropriate for civil defense. Directs the Director to notify Congress whenever the Secretary has refused to accept the Director's recommendation concerning the allocation of such property. Amends the Federal Civil Defense Act of 1950 to require the Administrator to: (1) notify the Director whenever an agency other than the Department of Defense informs the Administrator that it has excess property; (2) consult with the Director concerning the suitability of such property for civil defense purposes; and (3) transfer suitable property to the appropriate State agency for distribution to the civil defense organizations identified by the Director. Requires the Director to notify Congress whenever the Administrator has refused to accept the Director's recommendations to transfer any such property.
United States · United States Congress · 22 February 1983
National Institute of Arthritis and Musculoskeletal and Skin Diseases Act of 1983 - Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute (Institute) of Arthritis and Musculoskeletal and Skin Diseases in the National Institutes of Health (NIH). Redesignates the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases as the National Institute of Diabetes and Digestive and Kidney Diseases. States that the Institute shall conduct research and related activities concerning arthritis and musculoskeletal diseases, including sports-related disorders and skin diseases. Requires the Director of the Institute, with the advice of the National Arthritis and Musculoskeletal and Skin Diseases Advisory Council, to establish within 180 days a national plan to coordinate such activities. Requires an annual evaluation of the skin diseases programs. Establishes within the Institute: (1) the National Arthritis and Musculoskeletal and Skin Diseases Data System; and (2) the National Arthritis and Musculoskeletal and Skin Diseases Information Clearinghouse. Authorizes appropriations through FY 1986. Establishes within the Institute: (1) an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee; and (2) a Skin Diseases Interagency Coordinating Committee. Requires annual reports to the Secretary of Health and Human Services and to the Director of NIH. Establishes within the Institute a National Arthritis and Musculoskeletal and Skin Diseases Advisory Council. Authorizes appropriations through FY 1986 for arthritis and musculoskeletal demonstration projects and multipurpose disease centers. Requires the Institute to submit a biennial report. Transfers arthritis-related functions (including data system, advisory functions, coordinating functions, demonstration project, and multipurpose center), funds, personnel, and assets to the Institute from the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases. Requires the Secretary to report to the appropriate congressional committees and to the Comptroller General within 60 days regarding such transfers. Requires the Comptroller General to report to the appropriate congressional committees within 80 days regarding such transfers. Terminates the National Arthritis Advisory Board. Makes conforming amendments. Requires the Secretary, through NIH, to conduct a study of the existing combinations of disease research programs within the institutes and of the standards to be followed in establishing new or realigning existing institutes. Requires a report to the appropriate congressional committees within 18 months. Prohibits the establishment of any new institutes within six months of such report's submission. Directs the Secretary to conduct and complete within 60 days a review of the disease research programs of the National Institute of Diabetes and Digestive and Kidney Diseases (as redesignated by this Act) to determine if any of these programs could be more effectively managed by other national research institutions.
United States · United States Congress · 17 February 1983
Juvenile Detention Employees Clearance Act of 1983 - Prohibits the employment of any person at a facility maintained for the detention, correction, care, or treatment of juveniles unless a nationwide criminal record check has ascertained whether such person poses a significant danger of abuse or mistreatment of the juveniles. Directs the Attorney General to assist State governments in their investigations.
United States · United States Congress · 17 February 1983
Educational Opportunity and Equity Act of 1983 - Amends the Internal Revenue Code to allow an income tax credit for 50 percent of the tuition paid to an elementary or secondary educational institution for any dependents who have not attained the age of 20. Limits such credit to: (1) $100 in 1983; (2) $200 in 1984; and (3) $300 in 1985 and thereafter. Phases out such credit for families with adjusted gross income between $40,000 and $60,000 per year. Makes ineligible for such credit families with an adjusted gross income in excess of $60,000 per year. Disallows such credit for tuition paid to schools found to maintain racially discriminatory policies. Requires all educational institutions which receive tuition payments for which such credit is taken to file with the Secretary of the Treasury a statement, subject to the penalties for perjury, declaring that the institution does not follow a racially discriminatory policy. Requires a taxpayer claiming such credit to attach a copy of such statement to the income tax return. Authorizes the Attorney General, upon the filing of a petition alleging racial discrimination, to bring an action for declaratory judgment against an educational institution to determine whether the institution has followed a racially discriminatory policy.
United States · United States Congress · 16 February 1983
Title I: Armed Forces, Soldiers' Home, Coast Guard, Lighthouse Service, and Merchant Marine - Amends Federal laws dealing with the Army, the Navy, the Air Force, and the Coast Guard to eliminate gender-based distinctions. Title II: Elimination of Gender-Based Distinctions Under the Old Age, Survivors, and Disability Insurance Program, Railroad Retirement and the Work Incentive Program - Eliminates gender-based distinctions in the social security and railroad retirement programs. Title III: Amendments to United States Code - Amends the Immigration and Nationality Act, the Walsh-Healey Act, the Child Nutrition Act of 1966, the Federal Criminal Code and other Acts dealing with Indian affairs, transportation, public lands and provisions relating to Saint Elizabeth Hospital and contract law to eliminate gender-based distinctions. Title IV: Effective Date - Sets forth the effective date for the provisions of this Act.
United States · United States Congress · 16 February 1983
Christopher Columbus Quincentenary Jubilee Act - Establishes the Christopher Columbus Quincentenary Jubilee Commission to plan, encourage, coordinate, and conduct the commemoration of the voyages of Christopher Columbus. Directs the Commission to submit recommendations to Congress not later than October 1, 1985. Directs the President to recommend appropriate legislative and administrative actions. Requires the Commission to report annually to Congress on its activities, including an accounting of funds received and expended. Provides for cooperative efforts from Federal agencies and departments. Authorizes appropriations to remain available until November 15, 1992. Requires the Commission to make a final report to Congress no later than November 15, 1992, and terminates the Commission on such date.
United States · United States Congress · 16 February 1983
Amends the Small Business Investment Company Act of 1958 to prohibit the Small Business Administration (SBA) from declining to guarantee State and local development company debentures issued to finance small business expansion projects on the grounds that such projects are also being financed by industrial development bonds. Permits loans made with the proceeds of any such debentures to be subordinated to other obligations. Prohibits the SBA and other Federal agencies from restricting the use of guaranteed debentures for projects financed by industrial development bonds if such projects otherwise comply with SBA regulations and procedures.
United States · United States Congress · 16 February 1983
Amends the Agricultural Act of 1949, as amended by the Omnibus Budget Reconciliation Act of 1982, to repeal the 50-cent milk producer assessment provisions.
United States · United States Congress · 15 February 1983
Disability Amendments of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the termination of disability benefits on the grounds that the physical or mental impairment on which such benefits were based has ceased, did not exist, or is no longer disabling, unless the Secretary of Health and Human Services finds that the individual is significantly more able to engage in substantial gainful activity than at the time of the most recent decision that the individual was disabled. Exempts certain cases from the prohibition against termination of benefits, including cases where there is a finding of fraud. Directs the Secretary, in determining whether a person is disabled, to consider all evidence available in the person's case record and to develop a complete medical history of at least the preceding year. Requires that a preliminary disability decision by a State agency, or the Secretary, which is unfavorable to the disability benefit applicant contain a statement of the case with a discussion of the evidence, the basis for such decision, the right of the applicant to a review of the decision, and the right to submit additional medical evidence prior to such review. Requires the statement to be sent to the individual. Entitles the applicant or the applicant's spouse, former spouse, surviving spouse, surviving divorced mother, child or parent to a review of the preliminary decision (including the right to make a personal appearance and submit additional medical evidence), upon a showing that his or her rights may be prejudiced by such decision and upon timely request. Sets forth the procedural requirements for a review of a preliminary disability decision. Provides that a preliminary disability decision may be affirmed, modified, or reversed on the basis of the review. Authorizes the State agency which made the initial disability determination to make any new disability determination required during review of the case after notification to the Secretary and in accordance with the rules governing such determinations. Requires that a decision by the Secretary after review which is unfavorable to the individual requesting the review contain a statement of the case which shall be sent to the individual. Requires the statement to contain a discussion of the evidence, the reasons for the decision, the right of the individual to a hearing, and the right to submit additional medical evidence before the hearing. Requires that individuals requesting a review be informed of the requirements under this Act and of their right to representation at the review. Provides for reasonable notice and opportunity for a hearing for disability benefit applicants who show that their rights may be prejudiced by a decision after review. Provides that the hearing decision may affirm, modify, or reverse the Secretary's findings of fact and the decision after review. Requires the Secretary to prescribe a period of time after hearing decisions during which the Secretary, upon his or her own motion or at the request of the individual who requested the hearing, may review the hearing decision and affirm, modify, or reverse it. Makes such a review the final review of the decision. Provides that the decision shall be considered final if it is not so reviewed. Requires the Secretary to notify the individual involved with respect to a case where the Secretary initiates a review. Provides that an application for disability benefits filed before the first month in which the applicant satisfies the requirements for such benefits shall be considered valid only if: (1) the applicant satisfies such requirements before the Secretary makes a final decision on the application and no request for review has been made; or (2) the applicant satisfies such requirements before a decision on review is made in any case where review is requested. Requires that hearings on disability decisions after review be conducted on the record. Subjects such hearings to Federal law governing administrative hearings. Requires the Secretary to appoint administrative law judges to conduct such hearings. Entitles any individual who is dissatisfied with the final hearing decision to judicial review of that decision. Entitles an individual who shows that his or her rights may be prejudiced by a determination with respect to his or her continuing eligibility for disability benefits to the same type of review and hearing as is permitted in the case of an initial disability determination. Repeals the provision of title II covering suspension of benefits based on disability. Repeals the current provision covering reconsiderations of terminations of disability benefits. Specifies the cases with respect to which State agencies may make new disability determinations for purposes of review under this Act. Permits an individual who has been found to be no longer eligible for disability benefits, and who has requested a hearing on such determination, to elect to have the payment of such benefits continued during the period of appeal. Provides that if the decision upon appeal affirms the determination that the individual is not entitled to such benefits, any benefits paid pursuant to such election shall be considered overpayments. Requires the Secretary to provide uniform standards which shall be applied at all levels of disability determinations. Provides that except in certain cases, if an individual has been found to be no longer eligible for disability benefits, the termination month for such benefits shall be the month in which: (1) a decision affirming such benefit termination has been made after review of the preliminary decision to this Act; or (2) the time for requesting such a review has expired. Sets forth evidentiary requirements with respect to disability determinations. Requires the Secretary, if a U.S. Court of Appeals issues an opinion requiring the Department of Health and Human Services to apply a provision of the Social Security Act in a manner different from the manner in which such provision is generally carried out, to request review of the decision by the Supreme Court or to acquiesce in such decision with respect to all beneficiaries.
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
Amends the Tariff Schedules of the United States to impose a one-tenth of one cent per gallon duty on apple and pear juice. (Currently, imports of such juice are duty-free.)
![Official portrait of Sen. D'Amato, Alfonse [R-NY]](https://www.congress.gov/img/member/d000018_200.jpg)