United States · United States Congress · 28 April 1983
Amends the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works) to make such Act applicable to helpers as well as laborers and mechanics. Increases from $2,000 to $100,000 the dollar value of contracts to which such Act applies. Directs the Secretary of Labor to base the determination of the wages prevailing for the corresponding classes of laborers, mechanics, and helpers on: (1) the wage paid to 50 percent or more of such corresponding classes of workers employed on projects similar to the contract work in the urban or rural subdivision of the State; or (2) if the same wage is not paid to 50 percent or more, the weighted average of the wages paid to the corresponding classes employed on such similar projects.
United States · United States Congress · 28 April 1983
Expresses the sense of the Senate that the changes in the Federal estate tax laws which were made by the Economic Recovery Tax Act of 1981 are vital to the continuation of the family farm and small business, and that such changes should not be repealed or amended and should be allowed to run their course.
United States · United States Congress · 20 April 1983
Amends the Internal Revenue Code to provide that tax-exempt interest shall not be taken into account in determining the amount of social security benefits subject to tax.
United States · United States Congress · 20 April 1983
Amends the Internal Revenue Code to allow taxpayers to value excess inventory at its net realizable value. Defines "excess inventory" as that part of inventory which the taxpayer reasonably expects will be disposed of at less than full realization of cost. Allows taxpayers to spread over ten years any increases in inventory value due to a change from the first in, first out (FIFO) to the last in, first out (LIFO) method of accounting.
United States · United States Congress · 19 April 1983
National Outdoor Recreation Resources Review Act of 1983 - Establishes a National Outdoor Recreation Resources Review Commission to evaluate existing and potential public outdoor recreation policies, programs, and opportunities and to recommend outdoor recreation policies and activities which should be instituted at the Federal, State, and local levels and by the private sector in order to protect existing recreation resources and to meet future recreation needs. Requires the Commission to report its findings and recommendations to the President and Congress within 18 months after its establishment. Terminates the Commission six months after submission of its report. Authorizes appropriations.
United States · United States Congress · 19 April 1983
Regulatory Reform Act - Amends the Administrative Procedure Act to exempt from its applicability any rule involving public property, contracts, or general policy statements of the Tennessee Valley Authority. Repeals the current exemption provided for matters relating to loans, grants, and benefits. Requires a notice of proposed rulemaking to include: (1) a statement of need and objectives; (2) a statement that the agency seeks proposals of alternative methods from the public and from State and local governments; (3) a description of the information on which the agency plans to rely in the rulemaking; and (4) a statement specifying where copies of the rulemaking file may be obtained. Allows an agency to adopt a rule before publishing notice, providing a period for public comment, or establishing a rulemaking file, when notice or hearing is not required by another statute, if: (1) it publishes its findings that compliance with such procedures before the rule becomes effective would be impracticable and contrary to the public interest; and (2) it completes such procedures as soon as practicable after the rule is promulgated. Requires an agency to publish a notice and allow a period for comment on any final rule which is substantially different from the original rule as proposed. Directs each agency to give interested persons at least 60 days to submit written comments on a proposed rule. Permits an agency to use any appropriate procedure to elicit full and representative public comment on the significant issues of a rulemaking. Requires an agency to provide an opportunity for oral presentations at informal public hearings in a rulemaking for a "major rule," as defined by this Act. Requires agencies to publish with each final rule a notice of its effective date and a statement of its basis and purpose, including: (1) a discussion of significant issues and alternative approaches raised by public comments; and (2) an explanation of how the agency's factual determinations are substantially supported in the rulemaking file. Prohibits an agency promulgating a rule from relying on any material not placed in the rulemaking file in time to afford an adequate period for public comment. Directs each agency to give interested persons the right to petition for an interpretation of, or exemption from, a rule. Requires an agency to respond promptly and in writing to such a petition. Requires that each agency maintain a public file of the paperwork, data, and comments pertaining to each rulemaking which shall constitute the rulemaking record for purposes of judicial review. Allows an agency to exclude from the file material exempted from disclosure under the Freedom of Information Act, if the agency includes a summary of such material or a notice of the existence of such material. Prohibits an agency rule from substantially changing the requirement of any existing contract, agreement, or grant between a Federal agency and a State or local government for one year after the rule takes effect, unless the agency publishes a finding that delaying the rule's effect would be contrary to the public interest. Provides for the judicial review of agency compliance with rulemaking requirements under this Act. Requires each agency: (1) prior to publishing a rulemaking notice, to determine whether a proposed rule is a "major rule" and (2) to include an explanation of such determination in the notice. Authorizes the President or a selected officer to determine that a rule is a major rule within 30 days after publication of the rulemaking notice and to designate not more than 75 rules as major rules during any fiscal year. Requires an agency to issue, to enter into the rulemaking file, and to publish in summary form a preliminary rulemaking analysis of each proposed major rule, with specified exceptions. Provides 60 days for public comment on such analysis. Lists the contents of such analysis, including: (1) a description of quantifiable and nonquantifiable costs and benefits; (2) a description of reasonable alternatives; (3) a statement identifying the source of Federal funds, if any, to pay costs imposed on State and local governments; (4) a description of agency action to verify data; and (5) an explanation of why the rule chosen is more cost effective than the alternatives. Directs the agency to issue a final regulatory analysis upon publishing a final major rule, to place such analysis in the rulemaking file, and to summarize such analysis in the statement of the basis and purpose of the rule. Establishes guidelines for the evaluation and description of benefits and costs in the preparation of such analysis. Limits judicial review over: (1) the designation of a major rule; or (2) any regulatory analysis. Authorizes the President to establish procedures for agency compliance with the regulatory analysis and sunset review requirements under this Act and to monitor and enforce agency implementation of such procedures, except for rules issued by the Nuclear Regulatory Commission. Directs the President to report to Congress annually on agency compliance with regulatory analysis requirements. Requires each agency to publish for public comment a proposed schedule for the review of its existing major rules and other rules selected for review by the agency or the President. Directs each agency to publish a final schedule with its responses to public comments within one year of enactment of this Act. Requires each agency to review major rules within ten years after enactment of this Act, or within ten years after such a rule is promulgated, amended, or renewed, whichever is later. Directs each agency to publish a notice of its proposed action regarding a reviewed rule. Requires that the notice: (1) assess the costs and benefits of the rule; and (2) invite public proposals for modifications or alternatives. Requires an agency to follow normal rulemaking procedures when amending or rescinding a rule. Specifies procedures for renewing a rule without amendment. Provides for: (1) extension of the review period to not to exceed 15 years; (2) revision of the review schedule; and (3) expedited agency action if a review deadline is not met. Requires each agency to publish in the Federal Register, semiannually, an agenda of the rules the agency expects to propose, promulgate, renew, or repeal within the next twelve months, including a schedule of the agency actions pertaining to each rule. Directs the President to publish, semiannually, a Calendar of Federal Regulations, listing each of the major rules included in such agenda. Allows an agency to promulgate a major rule not listed in such agenda only if it publishes an explanation of why the rule was omitted. Requires each agency to include in the notice of a proposed rulemaking the date by which it intends to complete action or each major portion of action on the rule. Directs an agency that fails to complete action by such date and that expects a delay of more than 30 days to announce a new deadline for action. Directs the President to report to Congress annually on the regulatory activities of the Government. Requires that the report include estimates of the costs and benefits to each major sector of the economy of all major rules promulgated during the preceding year, included in the regulatory agenda for the preceding year, or scheduled for review. Directs a court reviewing an agency action to: (1) determine the authority or jurisdiction of the agency on the basis of the language of the authorizing statute or other evidence of legislative intent; (2) accord no presumption in favor of or against agency action, but to give an agency's interpretation of a statutory provision such weight as it warrants; and (3) determine whether the factual basis of an agency rule has substantial support in the rulemaking file. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within five days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action until after such selection is made. Amends the Federal Advisory Committee Act to exclude from the definition of "advisory committee" for purposes of such Act any committee which is composed wholly of elected State or local officials or their representatives. Grants Federal district courts original jurisdiction of any civil action or proceeding to resolve a controversy between two or more regulatory agencies not of the same State concerning jurisdiction to regulate a public utility, unless the courts of appeals have exclusive original jurisdiction to review actions of one of the regulatory agencies involved. States that a declaratory judgment in such a proceeding shall not be withheld: (1) on the ground that a controversy over matters other than jurisdiction to regulate may exist between the parties; (2) because of failure to exhaust administrative remedies; or (3) because of inconsistent provisions of other statutes providing for judicial review of agency action. Declares that any Federal or State agency may join or be joined as a party to such action and the district court may issue its processes without regard to territorial limitations. Establishes venue for such a proceeding. Prohibits the use of appropriated funds to pay the expenses of persons participating or intervening in agency proceedings, except as expressly authorized by statute. Authorizes each Federal agency to adopt as a Federal rule with respect to a State or locality any State or local rule which duplicates or is substantially equivalent to or more stringent than such Federal rule. Declares that any final agency rule, with specified exceptions including an emergency rule, shall be considered to be a recommendation to Congress and shall have no effect unless it is reviewed and not disapproved by Congress. Directs each agency to transmit each final rule to Congress on the day the rule is transmitted for publication to the Federal Register. Prohibits the rule from becoming effective if: (1) within 45 days of continuous session of Congress after the rule is received by Congress, either committee of the House or the Senate having primary legislative jurisdiction over it reports or is discharged from consideration of a resolution disapproving it; (2) within 30 days after such resolution is reported or discharged, either House adopts it; and (3) within 30 days after the adopted resolution is transmitted to the other House, such other House agrees to it. Permits a final rule to become effective at any time after either House rejects a resolution of disapproval. Authorizes an agency to issue and submit to Congress for review a recommended final rule relating to the same acts or practices as a disapproved rule. Sets forth expedited congressional procedures for the consideration of resolutions of disapproval. Declares that the provisions of this Act supercede any other provision of law requiring action by both Houses of Congress for congressional review and disapproval of agency rules, but not any other provisions requiring action by only one House. Amends the Government in the Sunshine Act to include the Chrysler Corporation Loan Guarantee Board as an agency subject to such Act.
United States · United States Congress · 15 April 1983
Equal Access Act - Prohibits public schools that allow students to participate in extracurricular activities from denying equal access or opportunity for students and faculty to engage in voluntary prayer or religious discussion on school premises during noninstructional periods. Grants Federal court jurisdiction to hear actions for damages or injunctive relief arising out of this Act.
United States · United States Congress · 14 April 1983
Mortgage Retirement Account Act of 1983 - Amends the Internal Revenue Code to allow taxpayers an election to treat home mortgage prepayments as a tax deductible contribution to an individual retirement account. Allows amounts to be withdrawn from an individual retirement account for the purchase of a principal residence.
United States · United States Congress · 7 April 1983
Disapproves specified regulations proposed by the Federal Election Commission pertaining to contributions and activities by corporations and labor organizations which were transmitted to the Senate on March 1, 1983.
United States · United States Congress · 6 April 1983
Amends the Federal Coal Mine Health and Safety Act of 1969 to exempt from the provisions of such Act any surface mining of stone, clay, sand, or gravel.
United States · United States Congress · 5 April 1983
Provides for the recomputation of the military pensions of certain veterans who were called or ordered to active duty between October 1, 1963 and September 30, 1971.
United States · United States Congress · 24 March 1983
Marihuana Cultivation on Federal Lands Crime Act of 1983 - 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.
United States · United States Congress · 24 March 1983
Constitutional Amendment - Declares that nothing in the Constitution shall abridge the right of persons to participate in voluntary prayer in public schools or institutions. States that no person shall be required by the United States or by any State to participate in prayer.
United States · United States Congress · 24 March 1983
Expresses the sense of the Senate that the President should expeditiously recommend to Congress the budgetary steps necessary to build defensive weapons for deployment in space capable of destroying ballistic missiles.
United States · United States Congress · 23 March 1983
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufacturers or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 21 March 1983
Expresses the sense of the Senate that the President should: (1) report to Congress on his intention to begin negotiations on a new long-term agricultural trade agreement with the Soviet Union; (2) seek, in such a new agreement, higher minimum and maximum supply guarantees and a provision for the export of value-added products; (3) report to Congress, by a specified date, on the potential economic and employment impacts of such a new agreement on U.S. agriculture and related industries; and (4) take appropriate measures to assure free movement of increased quantities of U.S. agricultural products to the Soviet Union.
United States · United States Congress · 17 March 1983
Amends Federal law to require that candidates for President and Congress and those for State and local offices be listed separately on a ballot or voting machine.
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
Amends the Federal Rules of Criminal Procedure to require a court to impose consecutive sentences on any defendant who commits and is convicted of a felony while on bail or release on personal recognizance for another offense and was also convicted of the original offense.
United States · United States Congress · 16 March 1983
Requires nationals of Communist countries to register with the Attorney General before engaging in certain activities involving Members of Congress and congressional employees. Requires the Attorney General to: (1) make these registration statements open to the public; and (2) deport persons violating this Act. States that such deportations shall not be subject to judicial review or other related provisions under the Immigration and Nationality Act.
United States · United States Congress · 16 March 1983
Federal Recordkeeping and Civil Action Limitation Act of 1983 - Prohibits any Federal agency, except as otherwise provided by the Internal Revenue Code, from: (1) requiring any person to maintain, prepare, or produce records of an event more than three years after the event has occurred; (2) commencing an action against a person for a violation of a regulation more than three years after such violation has occurred; or (3) penalizing any person for an action which violates a rule if the rule was not in effect at the time of such action. Declares that such prohibitions shall not apply in any case involving dangerous material, fraud, a willful violation, or a misleading statement of material fact.
United States · United States Congress · 15 March 1983
Religious Speech Protection Act of 1983 - Prohibits federally funded public secondary schools which allow students to meet during noninstructional periods from discriminating against any meeting of students on the basis of religious content. Grants Federal jurisdiction to enforce this Act.
United States · United States Congress · 10 March 1983
Authorizes and requests the President to designate the year of 1984 as a year of National Observance of the Four Hundredth Anniversary of the Founding of the First English Settlement in the New World on Roanoke Island, North Carolina.
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
Authorizes and requests the President to designate the week of April 10 to 16, 1983, as A Week of Remembrance for the Fortieth Anniversary of the Warsaw Ghetto Uprising.
United States · United States Congress · 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
Alien Social Security Benefits Equalization and Limitation Act of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude from the definitions of "wages" and "self-employment income" for purposes of determining OASDI eligibility those wages paid to and the self-employment earnings of an individual who, during the time period in which he or she receives such wages or earnings, is not a U.S. citizen or national or a permanent resident. Limits the amount of benefits to be paid in the case of: (1) individuals who are not U.S. citizens or nationals and who have been outside the United States for more than six consecutive months while entitled to benefits; and (2) their dependents and survivors. Provides that the amount of benefits to be paid to such an individual shall be limited to: (1) the total amount of social security taxes paid on the wages and self-employment income on which such benefits are based if the individual is the only person entitled to such benefits; or (2) a portion of the social security taxes paid on the wages and self- employment income on which such benefits are based if the individual is one of several persons entitled to such benefits. Provides that the limitation on benefits under this Act shall not preclude an individual from receiving benefits on the basis of wages and self-employment income other than the wages and self-employment income on which his or her entitlement was based while he or she was outside the United States for more than six consecutive months. Makes such limitation on benefits inapplicable in any case where its application would contravene a U.S. treaty obligation or an international social security agreement between the United States and another country. Eliminates the cost of living adjustment in OASDI benefits in the case of individuals who are not U.S. citizens or nationals and who have been outside the United States for more than six consecutive months while entitled to such benefits.
United States · United States Congress · 23 February 1983
Requires the Secretary of the Interior to enter into an agreement with North Carolina under which the Secretary shall pay the costs of repair and maintenance of the portion of North Carolina Highway 12 located within the Cape Hatteras National Seashore Recreational Area.
United States · United States Congress · 22 February 1983
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold, aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in death of the victim; (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Authorizes the death penalty for the crime of attempting to kill the President of the United States if the attempt results in bodily injury to the President or otherwise comes dangerously close to causing his death. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 22 February 1983
Shopping Center Tenant Bankruptcy Protections Improvements Act of 1983 - Amends the Bankruptcy Code to require a trustee in bankruptcy to perform all of the obligations of a tenant arising from an order for bankruptcy relief under an unexpired shopping center lease (including payment of the rent and other charges specified in the lease) until such lease is assumed or rejected. Permits the court to extend the time for performance of any obligation of rent or other charges due upon an unexpired lease. Declares that acceptance of such performance shall not constitute a waiver or relinquishment of the lessor's rights under the lease or under this Act. Imposes a 60 day limit (with additional time, if the court so orders) on a trustee's acceptance or rejection of an unexpired lease in all bankruptcy cases, after which time the lease will be deemed rejected. Requires the trustee to assure that an assignee of such a lease has a financial standing similar to the original tenant's at the time of execution of the lease. Revises the condition that assignment or assumption of the lease not cause a substantial disruption of any tenant mix in the center by deleting the qualifier "substantial". Permits the lessor, if an unexpired lease is assigned pursuant to this Act, to require a deposit or other security for the performance of the obligations under the lease. Declares that the property of the estate does not include any property subject to a lease which has expired by virtue of its own terms without regard to the bankruptcy proceedings.
United States · United States Congress · 16 February 1983
Imitation Controlled Substances Act of 1983 - Amends the Federal Food, Drug, and Cosmetic Act to make it unlawful to manufacture, advertise, distribute, or possess a drug which is an imitation of a controlled substance. Excludes professional or research uses from such prohibition. Establishes criminal penalties for violation of this Act.
United States · United States Congress · 16 February 1983
Prohibits the delivery by mail of: (1) drug abuse oriented advertisements; or (2) imitation controlled substances shipped in response to such advertisements. Provides an exemption from such prohibition with respect to such a substance: (1) used under the Federal Food, Drug, and Cosmetic Act for research or as a placebo in the professional practice of a registered practitioner; or (2) mailed in connection with an application for approval under such Act.
United States · United States Congress · 3 February 1983
Amends the Hobbs Act to redefine "extortion" to mean obtaining property from another with consent by use of actual or threatened force, violence, or fear thereof, or wrongful use of fear not involving force or violence, or under color of official right. Expresses congressional intent: (1) not to exclude Federal jurisdiction on the ground that conduct involving force, violence, or fear thereof, takes place in the course of a legitimate business or labor dispute, or on the ground that the conduct violates State or local law; or (2) not to chill legitimate labor activity by authorizing Federal prosecution for offenses occurring during a labor dispute not involving extortion. Makes it an affirmative defense to a prosecution under this section that the defendant's conduct: (1) was incidental to peaceful picketing in the course of a legitimate labor dispute; (2) consisted solely of minor bodily injury or property damage; or (3) was not intended to extort property.
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. East, John P. [R-NC]](https://www.congress.gov/img/member/e000017_200.jpg)