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Official portrait of Sen. East, John P. [R-NC]

Sen. East, John P. [R-NC]

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679 records where Sen. East, John P. [R-NC] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 434 (98th)open

Office of Strategic Trade Act of 1983

United States · United States Congress · 3 February 1983

Office of Strategic Trade Act of 1983 - Declares the policy of the United States with respect to export controls on strategic goods and technology. Establishes an Office of Strategic Trade as an independent executive agency which shall be headed by a Director of Strategic Trade whom the President shall appoint with the advice and consent of the Senate. Requires the Director to act as chairman of the Interagency Advisory Committee for Export Policy. Establishes within the Office of the Director of the Office of Strategic Trade an Exporter Services Facility to act as liaison with the business community. Sets forth as the principal divisions of the Office of Strategic Trade the: (1) Operations Division; (2) Compliance Division; (3) CoCom Division, which shall carry out functions relating to the Coordinating Committee for Multilateral Export Controls (CoCom); (4) Licensing Division; and (5) General Counsel's office. Authorizes the Director to require any of the following types of export licenses: (1) a validated license, authorizing a specified export issued pursuant to application; (2) a qualified general license, authorizing multiple exports issued pursuant to application; (3) a general license, authorizing exports without application; and (4) such other licenses as may assist in the implementation of this Act. Requires the Director to establish a commodity control list of any goods or technology subject to export controls under this Act. Prohibits the imposition of export controls on goods or technology for foreign policy or national security reasons if the President determines that adequate evidence has been presented to show that: (1) comparable goods or technology are available from foreign sources without restriction in significant quantities; and (2) the absence of such controls would not be detrimental to the foreign policy or national security of the United States. Declares that no authority or permission to export may be required under this Act except to carry out the policies set forth in this Act. Authorizes the President to delegate the authority conferred on the President by this Act. Requires the Director to keep the public informed of changes in export control policy and procedures instituted in conformity with this Act. Authorizes the President, in order to carry out the national security export control policy, to impose export controls on any goods or technology subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction. Grants the Secretary of Defense the right to review any export application subject to national security controls. Requires the Director to publish in the Federal Register a notice of any revision with respect to any goods or technology, or with respect to the countries or destinations affected by national security export controls. Requires the Director to notify an applicant whenever the Director denies an export license for national security reasons. Requires the Director, in issuing regulations to carry out national security controls, to emphasize: (1) safeguards to prevent a country that poses a threat to U.S. security from diverting covered goods and technologies to military use; and (2) the need to prevent the reexport of such goods and technologies to countries that pose a threat to U.S. security. Declares that U.S. policy toward individual countries shall not be determined solely on the basis of a country's communist or noncommunist status. Sets forth other factors to be considered. Directs the President to review controls maintained cooperatively with other nations at least once every three years. Directs the President to review other controls annually. Requires the Director to establish and maintain a national security control list as a part of the commodity control list. Directs the Secretary of Defense and appropriate Federal agencies to identify goods and technology for inclusion on the national security control list. Requires the Director to issue regulations providing for review and revision of the national security control list. Makes the Secretary primarily responsible for including in the national security control list certain militarily critical technologies. Establishes a National Security Control Agency within the Office of the Under Secretary of Defense for Policy to assist in carrying out the national security export control policy responsibilities of the Secretary. Requires the Secretary to report annually to Congress on actions taken with respect to national security export controls. Expresses the intent of Congress to encourage the use of a qualified general license instead of a validated license. Authorizes the Director to require a qualified general license instead of a validated license for the export of goods or technology which are subject to national security controls except where: (1) the export of such goods or technology is restricted pursuant to a multilateral agreement which requires the approval of the parties to the agreement; or (2) the United States is seeking the agreement of other suppliers to apply comparable controls and a validated license is necessary in the Director's judgement until such agreement is reached. Requires the Director, in consultation with the Secretary and other appropriate agencies, to review the foreign availability to countries to which exports are controlled for national security purposes of any goods or technology the export of which requires a validated license. Prohibits the Director from requiring a validated license if the Director determines that sufficiently comparable goods or technology are available from foreign sources so that the requirement of a validated license does not achieve its intended purpose, unless the absence of export controls would prove detrimental to the national security. Requires the Director to approve any application for a validated license for the export of goods or technology to a country which meets the application requirements if the Director determines sufficiently comparable goods or technology are available from foreign sources. Requires a finding of foreign availability to be based on reliable evidence (uncorroborated representations by license applicants are not sufficient). Declares that a technology or good subject to national security export controls which is not possessed by a nation or combination of nations threatening to national security may not be deemed to be available from foreign sources until the Secretary of State verifies that negotiations with the foreign sources have been undertaken. Directs the President to negotiate with governments of countries possessing such technologies or goods to prevent them from becoming available to hostile countries. Requires the Director to establish within the Office a capability to monitor the foreign availability of goods or technology subject to export controls under this Act. Requires the National Security Control Agency and other Federal agencies responsible for export controls to share information concerning foreign availability of such goods and technology if specified conditions are met. Requires the Director to appoint technical advisory committees to advise and assist the Director, the Secretary, and other Federal agencies in carrying out the national security export control policy. Requires the Director to remove the requirement of a validated export license with respect to any goods or technology which a technical advisory committee certifies as being sufficiently available from foreign sources so that the requirement of a validated license does not achieve its purpose, unless the absence of export controls would prove detrimental to the national security. Directs the President to enter into negotiations with the governments participating in the group known as the Coordinating Committee to reach agreements: (1) to publish a list of items controlled for export by agreement of the Committee; (2) to hold periodic meetings to discuss export control policy issues; and (3) on more effective enforcement procedures. Requires U.S. nongovernmental entities, except certain schools, which enter into a commercial agreement with the government of a foreign country to which exports are restricted for national security purposes to report the agreement to the Director. Directs the Secretary of State to negotiate with other countries regarding their cooperation in restricting the export of goods and technology. Requires the Director to deny all further exports to any party or parties responsible for the diversion of U.S. exports to unauthorized uses, regardless of whether such goods or technology are available from sources outside the United States. Authorizes the Director to take other appropriate steps to deter further unauthorized use of the previously exported goods or technology. Requires the Director to take such action when there is reliable evidence that goods or technology which were exported subject to national security controls have been diverted to an unauthorized use or consignee in violation of an export license. Authorizes the President to impose export controls on any goods, technology, or other information subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction to the extent necessary to further U.S. foreign policy or to fulfill U.S. international obligations. Terminates such controls after one year, unless extended by the President. Requires the Director to notify an applicant whenever the Director denies an export license for foreign policy reasons. Authorizes the Secretary of State to review any export license application for foreign policy reasons. Sets forth factors the President shall consider when imposing, expanding, or extending export controls for foreign policy reasons. Requires the Director to consult with affected U.S. industries before imposing foreign policy export controls. Requires the President to determine that reasonable efforts have been made to achieve the purposes of the controls through alternative means before resorting to export controls. Directs the President to consult with Congress before imposing any foreign policy export controls. Requires the President to notify Congress whenever the President imposes, expands, or extends foreign policy export controls. Declares that this Act does not authorize export controls on medicine or medical supplies. Prohibits the imposition of export controls, on food if they would cause measurable malnutrition, unless the President determines that: (1) those controls are necessary to protect national security interests; or (2) arrangements are insufficient to ensure that food will reach those in need. Requires Congress to be notified of findings concerning proposed export controls on food. Expresses the intent of Congress that the President not impose export controls on goods or technology if the effect of such exports would be to help meet basic human needs. Requires the President to try to conclude negotiations with appropriate foreign governments to secure the cooperation of such governments in controlling exports to countries to which U.S. foreign policy export controls apply. Declares that certain provisions of this Act shall not apply if foreign policy export controls are imposed to meet international obligations. Requires the Director and Secretary of State to notify the appropriate congressional committees before approving export licenses for goods or technology valued at more than $7,000,000 to countries which: (1) have repeatedly supported international terrorism; and (2) would benefit militarily or would have an enhanced ability to support international terrorism. Authorizes the Director to approve exports of crime control and detection instruments only pursuant to a validated export control license. Exempts certain countries from such requirements. Requires the Director to establish and maintain a foreign policy export control list as part of the commodity control list. Requires the list to be reviewed once every three years with respect to controls maintained cooperatively with other countries and annually with respect to other controls. Authorizes the President to impose export controls on goods subject to U.S. jurisdiction or exported by persons subject to U.S. jurisdiction where necessary to protect the domestic economy from short supplies. Requires export licenses for goods in short supply to be allocated on the basis of factors other than prior history of exportation. Requires the Director to publish notice in the Federal Register of short supply export controls and to elicit comments on the impact of such restrictions and the method of licensing used to implement them. Authorizes the imposition of export license fees. Directs the Secretary of Commerce to monitor exports and export contracts of goods when the volume of exports in relation to domestic supply contributes or may contribute to an increase in domestic prices or a domestic shortage and such price increase or shortage has or may have a serious adverse effect on the economy. Requires the results of the monitoring to be reported on a regular basis. Requires the Director to consult with the Secretary of Energy on whether monitoring or export controls are warranted with respect to energy-related materials. Authorizes any entity representative of an industry or a substantial segment of an industry which processes recyclable metallic materials with respect to which short supplies may have a significant adverse effect on the national economy to petition the Director to monitor the exports and/or impose export controls on such materials. Sets forth the procedure for making such petition. Requires the Director, in consultation with the Secretary of Commerce, to decide whether to impose monitoring or controls on such materials within 45 days of the end of the public hearings on such petition. Authorizes the Director to determine that a petition filed with respect to the same materials within six months after consideration of a prior petition does not merit complete consideration. Authorizes the Director to impose temporary monitoring or controls on such materials pending the final decision on whether to impose such monitoring or controls. Prohibits, with specified exceptions, exports of domestically produced crude oil transported by pipeline over the right-of-way granted pursuant to the Trans-Alaska Pipeline Authorization Act, unless the President: (1) makes specified findings with respect to such exports, including that the exports protect the national interest; and (2) reports such findings to Congress and Congress adopts a concurrent resolution approving such exports. Authorizes the President to export oil to any country pursuant to a bilateral international oil supply agreement entered into before June 25, 1979, or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. Prohibits the export of refined petroleum products except pursuant to an export license. Requires the Director to notify Congress within five days of receiving an application for an export license for a refined petroleum product or residual fuel oil. Prohibits granting such a license earlier than 30 days after notifying Congress, unless the President certifies to Congress that the proposed export is vital to the national interest. Exempts from such prohibition certain exports to historical trading partners and exports of small amounts of refined petroleum products. Excludes from such export controls certain petroleum products refined from foreign crude oil in U.S. Foreign Trade Zones or in Guam unless the Director finds that such products are in short supply. Prohibits use of the authority to impose short supply export controls with respect to agricultural commodities without the approval of the Secretary of Agriculture. Prohibits the Secretary of Agriculture from approving such export controls if the supply of the commodity exceeds the requirements of the domestic economy except to the extent that the President determines that such exercise of authority is required to carry out national security policies or foreign policies. Authorizes, upon the approval of the Director in consultation with the Secretary of Agriculture, the storage in the United States of agricultural commodities purchased by or for use in a foreign country. Provides that such commodities shall be free from any export controls that may be imposed to carry out short supply export controls. Prohibits the Director from granting such approval unless specified conditions are met. Requires the President to report to Congress on any export controls imposed on agricultural commodities for foreign policy or short supply reasons. Terminates such controls if the Congress adopts, within 30 days, a concurrent resolution disapproving them. Authorizes the Director to exempt barter agreements from any export quotas imposed to carry out the policy on short supplies, if the Director makes certain findings. Requires a validated license for the export of unprocessed western red cedar logs harvested from State or Federal lands. Requires the Director to impose export quotas on unprocessed western red cedar logs during the three years beginning on the effective date of the Export Administration Act of 1979. Prohibits any exports of such logs at the end of the three year period. Requires the Director to allocate export licenses for such logs. Prohibits the export by sea of horses, unless the Director waives the prohibition after determining that the horses are not being exported for slaughter. Directs the President to issue regulations prohibiting any U.S. person from taking or knowingly agreeing to take certain actions with intent to comply with or support a foreign boycott against a country which is friendly to the United States and which is not the object of a U.S. boycott. Lists the actions to be prohibited by such regulations and exceptions to the prohibitions. Requires the regulations issued under the foreign policy export controls provisions to supplement other regulations issued by the President against supporting foreign boycotts. Requires such regulations to require U.S. persons who are asked to comply with a foreign boycott to report that fact, and any other necessary information, to the Director. Provides that these provisions preempt all other laws or regulations pertaining to foreign boycotts. Sets forth the procedures for obtaining hardship relief from export controls. Permits petitions to be filed with the Director by any person who has historically imported goods from the United States or who has historically exported such goods. Requires the Director to notify the petitioner of a grant or denial of such relief within 30 days of receipt of the petition. Sets forth factors to be considered in deciding whether to grant or deny such relief, including the effect of granting such relief upon the basic objectives of the short supply control program. Sets forth the procedures for processing export license applications. Requires all export license applications required under this Act to be submitted to the Director. Expresses the intent of Congress that, to the maximum extent possible, the Director shall make the determinations with respect to such applications without referring to other agencies. Requires such agencies to cooperate with the Director when the Director seeks their assistance. Requires the Director to complete initial screening of an application within ten days. Requires the Director to deny or grant a license within 90 days if there is no need to refer the application to another agency. Requires the Director to refer the application to other agencies, if necessary, within 30 days of submission. Requires the agency to review the application and submit its recommendation within 30 days of receiving it. Authorizes granting the agency an additional 30 days to review the application. Requires the Director to grant or deny a license within 90 days of receiving the recommendation of other agencies. Authorizes the Director to take more than 90 days if the application is of exceptional importance and complexity. Authorizes the Secretary of Defense, notwithstanding any other provisions of the law, to review proposed exports of goods or technology to any country to which exports are controlled for national security purposes. Authorizes the Secretary to recommend to the President that such exports be disapproved if they would militarily benefit such country to the detriment of the security of the United States. Requires the President to report to Congress whenever the President modifies or overrules a recommendation of the Secretary of Defense with respect to the export of goods controlled for national security purposes. Prohibits issuing an export license for an article subject to multilateral controls until after the multilateral review. Requires a license approved by the Director to be issued if the multilateral review is not completed within 60 days, unless the Director determines that the license would prove detrimental to U.S. national security. Requires the Director to notify Congress and the applicant of such determination, the reasons for it, the reasons the multilateral review was not concluded, and the actions planned to secure the conclusion of the multilateral review. Sets forth the procedures to be followed to appeal the denial of a license. Sets forth civil and criminal penalties for violations of this Act. Sets forth the powers of agencies to investigate possible violations of this Act. Provides for protecting the confidentiality of information submitted in compliance with this Act. Requires the Director to try to simplify regulations issued under this Act and the commodity control list. Exempts the functions exercised under this Act from certain provisions relating to administrative procedure and judicial review. Expresses the intent of the Congress that there be public participation in the formation of regulations issued under this Act. Requires the Director to submit an annual report to Congress on the administration of this Act. Sets forth information to be detailed in such report, including a report on the need to impose export controls other than those subject to multilateral controls or more stringent than the multilateral controls. Transfers to the Office of Strategic Trade the functions and authorities of the State Department's Office of East-West Trade with respect to the munitions list and such other functions and authorities as the Director, in consultation with the Director of the Office of Management and Budget, determine to be appropriate. Requires the President to coordinate the authority granted to the President under this Act with the authority provided for the control of arms exports under the Arms Export Control Act. Makes certain civil aircraft equipment which is to be exported to a country other than a controlled country subject to export controls exclusively under this Act. Requires export license applications which are ordinarily referred to the Subgroup on Nuclear Export Coordination or some other interagency group to be governed by the provisions relating to foreign boycotts only to the extent that the foreign boycott provisions are consistent with the procedure published pursuant to the Nuclear Non-Proliferation Act of 1978. Supersedes the Mutual Defense Assistance Control Act on October 1, 1979. Requires authorizing legislation before any appropriation can be made to the Commerce Department for expenses to carry out this Act. Authorizes appropriations to the Defense Department to carry out this Act for FY 1984 through 1987.

Bill· SS. 425 (98th)open

Equal Access Act

United States · United States Congress · 3 February 1983

Equal Access Act - Prohibits public schools that allow students to participate in extracurricular activities from receiving Federal funds if they deny equal access or opportunity for students and faculty to engage in voluntary prayer or religious discussion on school premises during noninstructional periods.

Bill· SS. 467 (98th)referred

Respect Human Life Act of 1983

United States · United States Congress · 3 February 1983

Respect Human Life Act of 1983 - Prohibits Federal involvement in the performance of abortions, except when the life of the mother would be endangered if the child were carried to term. Includes the following activities within the scope of this prohibition: (1) performance of an abortion by a Federal agency; (2) use of appropriated funds to perform or reimburse or refer for abortions; (3) promotion or assistance in the performance of abortions abroad; (4) contracting for insurance which pays or reimburses for abortions; (5) discrimination against an individual on the basis of that person's opposition to abortions; and (6) the withholding from a handicapped infant of nutritional sustenance, medical or surgical treatment by an institution receiving Federal assistance. Provides for expedited Supreme Court review of State laws restricting abortions or infanticide whenever such laws have been invalidated by a lower court.

Bill· SS. 336 (98th)referred

Labor Management Racketeering Act of 1983

United States · United States Congress · 1 February 1983

Labor Management Racketeering Act of 1983 - 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 of 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. Sets forth the responsibility of the Secretary of Labor to detect and investigate violations of ERISA and other provisions for protecting employee benefit rights, without precluding such detection and investigation by other appropriate Federal agencies. Makes any conviction entered prior to the enactment of this Act effective on the date of such conviction if a right of appeal from such conviction is pending on the date of enactment of this Act.

Bill· SS. 343 (98th)open

Heavy Vehicle Use Tax Adjustment Act of 1983

United States · United States Congress · 1 February 1983

Heavy Vehicle Use Tax Adjustment Act of 1983 - Amends the Internal Revenue Code to revise the highway use tax on highway motor vehicles with a taxable gross weight of 33,000 pounds or more. Sets forth tax rates based on gross weight to be phased in over three years from 1984 to 1986 and thereafter. Reduces the maximum possible tax from $1,900 per year to $1,200 per year. Provides for the refundability of any use tax in cases where a motor vehicle on which such tax has been paid is sold, traded, or otherwise disposed of before the close of the taxable period.

Bill· SS. 215 (98th)open

Bail Reform Act of 1984

United States · United States Congress · 27 January 1983

Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of 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 for deportation or exclusion purposes. 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) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated; or (5) upon motion that a serious risk of flight or obstruction of justice exists. 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. Creates certain rebuttable presumptions with regard to absence of such conditions. 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. Directs the Attorney General to promulgate regulations governing custody of persons detained pending trial. 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 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.

Law· SS. 216 (98th)enacted

An act to amend title 18 of the United States Code to prohibit certain tampering with consumer products, and for other purposes.

United States · United States Congress · 27 January 1983

Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury, fear of injury or death results, or if a governmental or commercial recall occurs.

Law· SS. 272 (98th)enacted

A bill to improve small business access to Federal procurement information.

United States · United States Congress · 27 January 1983

Amends the Small Business Act to eliminate from the exceptions to the requirement that notice of Government procurement actions be published in the Commerce Business Daily those procurement actions which: (1) involve perishable subsistence supplies; (2) are of such emergency that the Government would be seriously injured if bids were made more than 15 days after the invitation to bid was issued; (3) are made by an order placed under an existing contract; (4) are for personal or professional services; or (5) are for services from educational institutions. Prohibits procuring activities, when required to publish notice of procurement actions, from: (1) issuing a solicitation for a procurement action until 15 days after publication of such a notice; (2) foreclosing competition under a procurement order until 30 days after the issuance of the solicitation or, in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, after publication of intent to place the order; or (3) commencing negotiations for the award of a sole source contract until 30 days after the publication of a notice of intent to contract. Exempts from compliance with such time periods procurement actions which: (1) are made by an order placed under an existing contract; (2) are of such emergency that the Government would be seriously injured if such time periods were complied with; or (3) involve perishable subsistence supplies. Prohibits a procuring activity from entering into negotiations for the award of a sole source contract for more than $100,000 unless: (1) the head of the activity has approved the proposal for such negotiation; and (2) the activity has considered all responses to the notice of the procurement action. Provides for the application of this Act to the Tennessee Valley Authority only to the extent it deems practicable.

Bill· SS. 213 (98th)open

A bill to amend title II of the Social Security Act to provide generally that benefits thereunder may be paid to aliens only after they have been lawfully admitted to the United States for permanent residence, and to improve further restrictions on the right of any alien in a foreign country to receive such benefits.

United States · United States Congress · 27 January 1983

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a .U.S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U.S. citizen or national; (2) a permanent resident of the United States; or (3) a U.S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.

Bill· SS. 222 (98th)open

A bill to repeal the withholding of tax from interest and dividends and to require statements to be filed by the taxpayer with respect to interest, dividends, and patronage dividends.

United States · United States Congress · 27 January 1983

Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions which require the withholding of tax on interest and dividends. Requires taxpayers to file information returns and statements on the interest, dividends, and patronage dividends they receive.

Law· SS. 126 (98th)enacted

Alcohol and Drug Abuse Amendments of 1983

United States · United States Congress · 26 January 1983

Alcohol and Drug Abuse Amendments of 1983 - Redesignates existing title V (Miscellaneous) of the Public Health Service Act as title XXI. Establishes a new title V entitled Administration and Coordination of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse. Directs the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (Administration) to disseminate current information about the health hazards of alcohol and drug abuse. Establishes in the Administration an Associate Administrator for Prevention to promote and coordinate prevention research programs of the National Institutes of Mental Health, Drug Abuse, and Alcohol Abuse and Alcoholism. Requires an annual report to Congress. Requires the Administrator to establish procedures for information-collecting and action on scientific fraud and violations of the rights of human research subjects. Transfers to the Public Health Service Act statutory authority establishing the National Institute on Alcohol Abuse and Alcoholism (Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970) and the National Institute on Drug Abuse (Drug Abuse Prevention, Treatment, and Rehabilitation Act), and other provisions of such Acts. Consolidates specified reporting requirements. Directs the Secretary of Health and Human Services to provide for technical and scientific peer review of grants and cooperative agreements, and research, administered through the National Institutes of Mental Health, Drug Abuse, and Alcohol Abuse and Alcoholism. Authorizes appropriations for FY 1983 and 1984 for alcohol and drug abuse research. Abolishes the Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism. Repeals title V (Marihuana and Health Reporting Act) of the Medical Facilities Construction and Modernization Amendments of 1970. Requires the Secretary to submit alcohol, drug abuse, and mental health reports to Congress by January 15, 1984. Requires the President to submit to Congress a biennial drug abuse strategy report. Includes Native Hawaiians and Native American Pacific Islanders within alcohol and drug abuse grant priority groups.

Bill· SS. 210 (98th)referred

A bill to provide legal protection for unborn human beings and for other purposes.

United States · United States Congress · 26 January 1983

Declares that for the purposes of the due process clause of the fourteenth amendment of the Constitution, each human life exists from conception without regard to race, sex, age, health, defect, or conditions of dependency, and that "person" includes all human beings. Recognizes the compelling interest of each State to protect the lives of those whom the State regards as human beings, independent of the status of unborn children under the fourteenth amendment. Eliminates inferior Federal court jurisdiction to issue any order in any case involving a State or local law that: (1) protects the rights of persons between conception and birth; or (2) limits or regulates abortion or provides funding or other assistance for abortions. Declares that this shall not deprive the Supreme Court of the authority to render appropriate relief in any case.

Law· SS. 38 (98th)enacted

Longshore and Harbor Workers' Compensation Act of 1984

United States · United States Congress · 26 January 1983

Longshoremen's and Harbor Workers' Compensation Act Amendments of 1983 - Amends the Longshoremen's and Harbor Workers' Compensation Act (the Act) to revise the definition of "employee" to exclude persons who at the time of injury were: (1) engaged by specified employers; (2) employees exclusively performing office clerical, secretarial, security, or data processing work; (3) club, camp, restaurant, museum, retail outlet, and marina personnel; (4) personnel of suppliers, transporters, or vendors temporarily doing business on the premises of specified employers; (5) aquaculture workers; (6) engaged in operating an independently or cooperatively owned grain elevator and not engaged in loading or unloading a vessel; or (7) employed to build or repair any recreational vessel under 65 feet long. (Retains the current exclusion from coverage of a master or member of a crew of any vessel or any person engaged by the master to load or unload or repair any small vessel under 18 tons net.) Excludes such employees only if they are subject to coverage under a State workers' compensation law. Revises the definition of "employer" to exclude: (1) clubs, camps, restaurants, museums, retail outlets, or marinas; (2) aquaculture farms; (3) operations of employers which do not receive Federal maritime subsidies and which involve building, repairing, or dismantling certain types of commercial barges, small vessels, or recreational vessels. Revises the definition of "wages" to exclude fringe benefits. Makes conforming amendments. Provides that recoveries under other workers' compensation laws or under specified Federal law relating to recovery for injury to or death of seamen shall be credited against any liability imposed by the Act. Provides that liability under the Act shall be exclusive and in place of all other liability, including any liability imposed by or arising out of such other laws. Provides that no person covered under the Act who is employed to provide shipbuilding, repairing, or breaking services may bring a negligence action against the employer in any capacity including as the vessel's owner, owner for this occasion, agent, operator, or charterer or against the employees of the employer. Permits employers engaged in operations on the Outer Continental Shelf to enter into valid indemnity agreements with third parties engaged in those same operations. Provides that compensation for disability or death shall not exceed 200 percent of the applicable national average weekly wage. Authorizes the Secretary of Labor to order a change of physicians or hospitals where the charges exceed those prevailing within the community for similar services. Directs the Secretary to identify those physicians ineligible to provide care and receive payments under the Act. Revises provisions for employee recovery of expenditures for medical or other treatment or services. Requires the treating physician to furnish to the employer and the appropriate deputy commissioner an injury and treatment report within 21 days of first treatment. Authorizes an administrative law judge (as well as the Secretary) to suspend payment of compensation benefits to employees who unreasonably refuse to accept medical or surgical treatment or to submit to an examination by a consulting physician selected by the employer. Sets forth provisions relating to the barring of certain providers of services, appliances, or supplies under this Act. Allows an injured or disabled employee to obtain treatment by prayer or spiritual means alone by an accredited practitioner of, and in accordance with the tenets of, a recognized church or religious denomination. Prohibits such an employee from losing any benefits under this Act because of such treatment. Requires such employee to take all required physical examinations. Provides that an employee shall not be considered to have unreasonably refused medical treatment or vocational rehabilitation if such refusal is in adherence to the tenets of a recognized church or religious denomination. Requires that compensation paid to the injured employee under the Act be reduced by 50 percent of the amount of old age insurance benefits to which the employee is entitled under title II of the Social Security Act. Makes an employer liable to the employee only for loss of hearing attributable to employment by that employer. Makes an audiogram conclusive evidence of the amount of hearing loss sustained. Directs the Secretary to promulgate regulations defining "loss of hearing" in accordance with American Medical Association guidelines. Increases the maximum amount awardable for serious disfigurement from $3,500 to $7,500. Repeals provisions for reconsideration of the degree of impairment by the deputy commissioner, for purposes of compensation of permanent partial disability. Repeals provisions for death benefits for survivors of employees receiving compensation for permanent partial disability who die from causes other than the compensable injury. Lengthens the minimum period of the employer's payment responsibility from 104 weeks to 208 weeks. Requires that any request for second injury Fund apportionment be presented to the deputy commissioner and the Conservator prior to consideration by an administrative law judge. Repeals provisions for additional compensation for maintenance during vocational rehabilitation. Provides that employees in vocational rehabilitation shall receive continued temporary total or partial compensation, but prohibits entering an award for permanent disability until vocational rehabilitation has been determined unnecessary or has been completed. Makes an employee ineligible for compensation if the employee unreasonably refuses to undergo vocational rehabilitation or to participate in a reasonable plan offered and financed by the employer to return the injured employee to work. Repeals provisions which include consideration of the effect of disability as it may naturally extend into the future for purposes of determining the wage-earning capacity of an injured employee. Directs the deputy commissioner or administrative law judge to approve a settlement agreement within 30 days, unless it is found inadequate or procured under duress. Directs the deputy commissioner to issue a written statement within 30 days containing reasons for disapproval of any application for a settlement. Permits any party to the settlement to request a hearing before an administrative law judge to appeal such disapproval. Provides that approved settlements: (1) shall discharge the liability of the employer, carrier, or both; (2) may include future medical benefits; and (3) may be agreed upon at any stage of the proceeding including after entry of a final compensation order. Authorizes employers to notify claimants of their obligation to report their earnings. Provides that employees forfeit their right to compensation if the deputy commissioner determines that they have failed to report or have omitted or understated earnings. Repeals provisions for compensation for any death resulting from causes other than compensable injury. Increases the maximum funeral expense reimbursement from $1,000 to $3,000. Revises provisions for computation of death benefits. Limits to five percent per year annual increases in amounts payable as adjustments for permanent total disability and death caused by a compensable injury. Revises provisions for notice of injury or death. Requires such notice within 30 days after the employee or beneficiary is aware, or by reason of medical advice should have been aware, of the relationship between the injury or death and the employment. Requires employers to designate those agents or other responsible officials to receive such notice and to notify their employees of such designation in a manner prescribed by the Secretary in regulations. Makes conforming amendments. Repeals provisions authorizing the discharge of all or part of the employer's liability for compensation by payment of a lump-sum computed at a four percent discount rate. Revises provisions relating to presumptions in proceedings under the Act. Permits temporary expansion of the Benefits Review Board. Removes time limitations on requests for modification of awards and review of compensation cases. Provides that a claim for legal services or for any other services relating to a claim for or award of compensation under the Act is not valid unless approved by the deputy commissioner, an administrative law judge, the Benefits Review Board, or a court which is reviewing an order of an administrative law judge. Revises provisions for penalties for unapproved receipt of consideration or solicitation of employment with respect to claims or awards under the Act. Requires employers to report only those injuries which would cause loss of one or more shifts of work, but to keep a record of each and every injury. Requires that failure or refusal to send a required report by any employer, insurance carrier, or self-insured employer be willful before civil penalties may be imposed. Raises the maximum limit on such penalties from $500 to $25,000 for each such failure or refusal. Increases the criminal penalties for willful false statements or representations to obtain benefits or payments. Makes such false statements or representations felonies punishable by up to a $25,000 fine and/or up to three years imprisonment. Removes such penalties for misleading statements or representations. Directs the U.S. attorney for the district in which the injury is alleged to have occurred to make every reasonable effort to promptly investigate each complaint of such false statements or representations. Lists those persons who may or may not prosecute or defend claims under this Act. Makes false statements or representations for the purpose of denying or terminating benefits to an injured employee or the dead employee's dependents punishable by a fine of up to $25,000 and/or up to three years imprisonment. Authorizes the Secretary to take into account the employer's financial condition and previous record of payments and other relevant factors in establishing collateral requirements for employers seeking authorization to make direct payment of compensation. Revises provisions for compensation for injuries where third parties are liable. Defines "award" with respect to such compensation orders as a formal award issued by the deputy commissioner, an administrative law judge, or the Benefits Review Board. Provides that the right to bring an action against the third person shall revert to the person entitled to the compensation if the employer fails to commence such action within a reasonable time after the cause of action is assigned. Establishes procedures for the distribution of proceeds from third-party actions brought by persons entitled to compensation or other benefits. Provides that all amounts paid and determined payable by the employer shall be a first lien on any proceeds obtained by judgment or settlement. Requires that all rights to compensation or medical benefits be terminated if a third-party action is settled without the employer's formal written approval. Provides that all payments made by a special fund to or on behalf of a person entitled to compensation or other benefits shall be a lien on the proceeds of any third-party action subordinate only to the lien of the employer or carrier. Directs the Secretary to report to Congress, at the beginning of each regular session, on the administration of the Act for the preceding fiscal year. Establishes the Special Fund Conservation Committee. Directs the Committee to appoint a Fund Conservator. Authorizes the Conservator to participate as fully as any other party in all proceedings involving claims to any amounts from the special fund. Provides that all administrative expenses incurred by the Committee and the Conservator shall be paid from the special fund. Repeals outdated provisions of the Act. Declares that the discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of prohibitions against discrimination against employees who bring proceedings under the Act. Raises the minimum penalty for a violation of such prohibitions from $100 to $1,000, and the maximum penalty from $1,000 to $5,000. Sets forth the effective date for specified provisions of this Act. Provides that amendments made by this Act relating to the modification of awards shall not apply to compensation payments under the Black Lung Benefits Act.

Bill· SS. 49 (98th)open

A bill to reopen hunting and trapping lands in Alaska.

United States · United States Congress · 26 January 1983

Amends the Alaska National Interest Lands Conservation Act to increase the acreage of the following preserves in Alaska (thereby easing restrictions on hunting on certain lands): (1) the Katmai National Preserve; (2) the Gates of the Arctic National Preserve; (3) the Noatak National Preserve; (4) the Lake Clark National Preserve; (5) the Wrangell-Saint Elias National Preserve; (6) the Denali National Preserve; (7) the Kenai Fjords National Preserve; (8) the Glacier Bay National Preserve; and (9) the Aniakchak National Preserve.

Bill· SS. 26 (98th)open

A bill to provide legal protection for unborn human beings and for other purposes.

United States · United States Congress · 26 January 1983

Declares that for the purposes of the due process clause of the fourteenth amendment of the Constitution, each human life exists from conception without regard to race, sex, age, health, defect, or conditions of dependency, and that "person" includes all human beings. Recognizes the compelling interest of each State to protect the lives of those whom the State regards as human beings, independent of the status of unborn children under the fourteenth amendment. Eliminates inferior Federal court jurisdiction to issue any order in any case involving a State or local law that: (1) protects the rights of persons between conception and birth; or (2) limits or regulates abortion or provides funding or other assistance for abortions. Declares that this shall not deprive the Supreme Court of the authority to render appropriate relief in any case.

Bill· SS. 105 (98th)open

A bill to define the affirmative defense of insanity and to provide a procedure for the commitment of offenders suffering from a mental disease or defect, and for other purposes.

United States · United States Congress · 26 January 1983

Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Adopts the current notice provisions for a defense of insanity for the new plea of guilty but insane. Provides for determination of a defendant's mental competency to stand trial. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release, who are found to suffer from mental disease or defect.

Bill· SS. 29 (98th)referred

Child Protection Act of 1983

United States · United States Congress · 26 January 1983

Child Protection Act of 1983 - Amends the Federal criminal code to prohibit the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene."

Bill· SJRESS.J.Res. 5 (98th)open

A joint resolution proposing an amendment to the Constitution relating to Federal budget procedures.

United States · United States Congress · 26 January 1983

Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.

Bill· SJRESS.J.Res. 14 (98th)referred

A joint resolution to amend the Constitution of the United States to protect the right to life.

United States · United States Congress · 26 January 1983

Constitutional Amendment - Declares that the right to life is the paramount and most fundamental right of a person. States that for the purposes of the fifth and fourteenth amendments to the Constitution, the word "person" applies to all human beings without regard to age, health, function, or condition of dependency. Declares that no unborn person shall be deprived of life by any person, but permits a law allowing justification to be shown for medical procedures required to prevent the death of the pregnant woman or her unborn offspring, if this law requires every reasonable effort to be made to preserve the life of each.

Bill· SJRESS.J.Res. 9 (98th)open

A joint resolution to amend the Constitution of the United States to protect the right to life.

United States · United States Congress · 26 January 1983

Constitutional Amendment - Declares that the right to life is the paramount and most fundamental right of a person. States that for the purposes of the fifth and fourteenth amendments to the Constitution, the word "person" applies to all human beings without regard to age, health, function, or condition of dependency. Declares that no unborn person shall be deprived of life by any person, but permits a law allowing justification to be shown for medical procedures required to prevent the death of the pregnant woman or her unborn offspring, if this law requires every reasonable effort to be made to preserve the life of each.

Bill· SS. 3048 (97th)referred

Federal Anti-Tampering Act

United States · United States Congress · 30 November 1982

Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury or death results.

Bill· SS. 3018 (97th)referred

Judicial Reform Act of 1982

United States · United States Congress · 1 October 1982

Judicial Reform Act of 1982 - Title I: Court Procedures - Part A: Incorporation Doctrine - Amends the Federal judicial code to prohibit the Supreme Court from reviewing, by appeal, writ or certiorari, or otherwise, any case in which any party claims the abridgement by a State, or by any political subdivision of a State, of any right secured by the first eight amendments to the Constitution. Prohibits district court jurisdiction of any case of which the Supreme Court does not have jurisdiction under the preceding sentence. Part B: Exclusionary Rule - Provides that evidence otherwise admissible in a Federal criminal proceeding shall not be excluded on the grounds that such evidence was obtained in violation of the fourth amendment to the Constitution. Provides a court of the United States with power to punish by fine or imprisonment, at its discretion, such contempt of the Constitution of the United States and none other, as any search or seizure in violation of the fourth amendment to the Constitution of the United States, if such search or seizure involves the subject of a criminal proceeding before such court. Part C: Habeas Corpus - Requires the Supreme Court, a circuit judge, or district court to entertain an application for a writ of habeas corpus on behalf of a person in custody pursuant to a State court judgment only on a ground which presents a substantial Federal constitutional question, and then only if: (1) it was not previously raised and determined; (2) there has been no fair and adequate opportunity to raise it and have it determined; and (3) it cannot thereafter be raised and determined in a State court proceeding, by an order or judgment subject to review by the Supreme Court on a writ of certiorari. Part D: Federal Civil Rights Litigation - Makes any individual who, under color of any statute, ordinance, regulation, custom, or usage, of any State, subjects any other individual to the deprivation of any rights, privileges, or immunities secured by the Constitution or any Act of Congress providing equal rights, liable to the party injured, if State law does not provide an adequate remedy. Part E: Attorneys Fees - Eliminates provisions under the civil rights laws which authorized (under the Civil Rights Attorney's Fees Awards Act of 1976) a reasonable attorney's fee as part of the prevailing party's costs. Part F: General Federal Question Jurisdiction - Repeals provisions giving district courts original jurisdiction in all civil matters arising under the Constitution, laws, or treaties of the United States. Part G: Implied Causes of Action - Prohibits any Act of Congress from being construed to grant to any party any cause of action at law or in equity unless that Act expressly grants such a cause of action. Part H: Injunctions Against States - Prohibits an interlocutory or permanent injunction directed against a State or any officer or any agency of a State from being granted by any district judge or district court, unless the application is heard and determined by a district court of three judges. Part I: Class Actions - Amends the Federal Rules of Civil Procedure to require that a class action, in addition to the present requirements, may be maintained if the prosecution of separate actions by or against individual members of the class would create a risk of: (1) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (2) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests. Title II: Judgeships - Part A: Oversight of Judiciary - Creates a Joint Committee of Judicial Conduct consisting of five members from the Senate and five from the House of Representatives. Directs the Committee to review the official conduct including the decisions of Federal judges and to report the results to Congress, including recommended articles of impeachment if the Committee determines that the conduct of a judge fails to meet the standard of good behavior. Requires the conduct of each judge to be reviewed every ten years. Directs the Judicial Conference of the United States to make a comprehensive survey of the condition of business in U.S. courts, prepare plans for the assignment of judges to or from circuits or districts where necessary, and submit suggestions to various courts, in the interest of uniformity and expedition of business. Directs the chief of each circuit to call, at least twice a year, a council of the circuit judges for the circuit (currently such council includes district judges). Repeals present provisions authorizing the investigation of any judge or magistrate upon the filing of a complaint with the court of appeals for a circuit. Part B: Territorial Distribution of Supreme Court Members - Expresses the sense of the Senate that, except with respect to the Chief Justice, when a vacancy arises in the Supreme Court the President should appoint an individual to fill such vacancy who has resided for at least the preceding five years either in the circuit to which his or her predecessor was allotted, or should the predecessor have been allotted to more than one circuit, in one of the circuits to which the predecessor was allotted. Part C: Presidential Appointment of United States Magistrates - Directs the President, with the advice and consent of the Senate, to appoint U.S. magistrates.

Law· SJRESS.J.Res. 260 (97th)enacted

A joint resolution to designate the period commencing January 1, 1983, and ending December 31, 1983, as the "Tricentennial Anniversary Year of German Settlement in America".

United States · United States Congress · 1 October 1982

Designates 1983 as the "Tricentennial Anniversary Year of German Settlement in America". Expresses congressional support for the President's Youth Exchange Initiative, and especially the concept of a United States-German teenage exchange sponsored by the Congress and the West German Bundestag.

Resolution· SCONRESS.Con.Res. 126 (97th)open

A concurrent resolution calling upon the United States Government to support the people of Afghanistan with material assistance in their struggle to be free from foreign domination.

United States · United States Congress · 30 September 1982

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.

Bill· SS. 2934 (97th)referred

Marihuana Cultivation on Federal Lands Crime Act of 1982

United States · United States Congress · 21 September 1982

Marihuana Cultivation on Federal Lands Crime Act of 1982 - Amends the Federal criminal code to make it unlawful for any person to knowingly plant, grow, or cultivate marihuana on Federal land unless authorized by Federal law. Provides a sentence of not less than one year and not more than fifteen years, and a fine of not less than $10,000 and not more than $15,000,000 for a first offense. Provides additional penalties for subsequent offenses.

Bill· SS. 2929 (97th)open

A bill to amend the Davis-Bacon Act.

United States · United States Congress · 17 September 1982

Amends the Davis-Bacon Act to direct the Secretary of Labor to base the determination of the wages prevailing for the classes of laborers, mechanics, and helpers corresponding to workers under a Federal contract upon: (1) the wage paid to 50 percent or more of such corresponding classes of laborers, mechanics, and helpers employed doing work similar to the Federal contract work in the urban or rural civil subdivision of the State in which the contract work is to be performed; or (2) the weighted average of wages paid such classes of workers, if the same wage is not paid to 50 percent or more of such workers. Raises the minimum amount of any Federal contract to which such Act applies from $2,000 to $100,000. Adds "helpers" to the list of workers to whom such Act applies.

Bill· SS. 2902 (97th)open

A bill to define the affirmative defense of insanity and to provide a procedure for the commitment of offenders suffering from a mental disease or defect, and for other purposes.

United States · United States Congress · 14 September 1982

Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that at the time of the offense the defendant, as a result of mental disease or defect, lacked entirely the ability to understand the nature and the quality of his acts and to distinguish right from wrong. Places the burden of proving insanity on the defendant. Requires the court to hold a hearing to determine the present mental condition of the defendant. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect, rendering him mentally incompetent. Directs the Attorney General to hospitalize such person in a suitable facility. Provides that when the defendant has recovered and is able to understand the nature and consequences of the proceedings against him, the court will order his release and set a date for trial. 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 provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides for the hospitalization of persons found not guilty only by reason of insanity, convicted persons, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect. Allows for discharge when such person is found to have recovered. Requires reimprisonment of any such person for whom a term of prison sentence has not yet expired.

Bill· SS. 2859 (97th)open

A bill to amend the tariff schedules of the United States to correct an anomaly in the rate of duty applicable to textile fabrics, articles and materials coated, filled or laminated with rubber or plastics.

United States · United States Congress · 19 August 1982

Amends the Tariff Schedules of the United States (TSUS) to provide that the provisions applicable to rubber and plastic products do not cover textile fabrics or articles coated, filled, or laminated with rubber or plastics which are covered by the provisions dealing with fabrics of special construction. Requires the nontextile coating or filling and nontextile laminating substances to be disregarded in determining whether fabrics, articles, and materials are "of textile materials" for purposes of the subject of the TSUS dealing with coated or filled fabrics.

Bill· SS. 2866 (97th)referred

A bill to require the Secretary of the Interior to enter into an agreement with the State of North Carolina with respect to the repair and maintenance of a certain highway of such State located within Cape Hatteras National Seashore Recreational Area.

United States · United States Congress · 19 August 1982

Requires the Secretary of the Interior to enter into an agreement with North Carolina under which the Secretary shall pay for the repair and maintenance costs for the portion of North Carolina Highway 12 located within the Cape Hatteras National Seashore Recreational Area.