United States · United States Congress · 5 May 1983
Amends the Internal Revenue Code to provide that proceeds from identical wagers shall not be aggregated for purposes of determining the withholding of tax on certain gambling winnings.
United States · United States Congress · 28 April 1983
Title I: National Inland Waterways Urgent Improvement Act of 1983 - Directs the Secretary of the Army, acting through the Chief of Engineers, to replace the Gallipolis locks, Ohio River, Ohio and West Virginia, according to specified recommendations. Directs the Secretary to mitigate fish and wildlife habitat losses resulting from such construction by purchasing, at Federal expense, specified land. Authorizes the Secretary to transfer such land to the State of West Virginia for operation and maintenance. Authorizes the Secretary, acting through the Chief of Engineers, to construct a specified multipurpose lock and dam project to replace the William Bacon Oliver lock and dam, Black Warrior River, Alabama. Amends Federal law to authorize the Secretary to construct a new lock at the Bonneville lock and dam project, Oregon and Washington, according to a certain Chief of Engineers' report. Directs the Secretary to construct: (1) a lock and dam (to be called Grays Landing) to replace lock and dam numbered 7, Monongahela River, Pennsylvania; and (2) a lock and abutment (to be called Point Marion lock) to replace the lock and abutment at lock and dam numbered 8, Monongahela River, Pennsylvania. Requires construction of such projects to be carried out according to specified recommendations. Authorizes the Secretary to replace the Winfield locks on the Kanawha River, West Virginia. Establishes procedures for the submission of final environmental impact statements to Congress for the navigation projects authorized by this title. Sets forth related judicial review procedures. Authorizes appropriations. Title II: Upper Mississippi River System Management Act - Grants congressional approval of the Comprehensive Master Plan for the Management of the Upper Mississippi River System as a guide for future water policy on such system. Defines the Upper Mississippi River System as those river reaches having commercial navigation channels on certain rivers in Illinois, Minnesota, and Wisconsin. Grants congressional consent to Illinois, Iowa, Minnesota, Missouri, and Wisconsin (or any two or more of such States) to: (1) enter into agreements for cooperative effort and mutual assistance in the planning for the use, protection, growth, and development of the System; and (2) form agencies for effecting such agreements. Authorizes officers or employees of the United States, who are responsible for management of any part of the System, to assist such agencies. Authorizes the Secretary of the Army, acting through the Chief of Engineers, to provide for the engineering, design, and construction of a second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri. Authorizes appropriations. Directs the Secretary to monitor traffic movements on the System to verify the need for future capacity expansion of the System and the future need for river rehabilitation and environmental enhancement. Authorizes appropriations. Authorizes the Secretary of the Interior, in concert with any appropriate State agency, to undertake with respect to the System: (1) a habitat rehabilitation and enhancement program; (2) the implementation of a long-term resource monitoring program; and (3) the implementation of a computerized inventory and analysis system. Authorizes appropriations. Authorizes the Secretary of the Interior to implement a program of recreational projects for the System and to assess the economic benefits generated by recreational activities in the System. Authorizes appropriations. Declares that the Master Plan for the System has reasonably complied with the provisions of the National Environmental Policy Act of 1969.
United States · United States Congress · 21 April 1983
Amends the Federal Power Act to provide that the annual charge for a license issued under such Act for the development and utilization of power created by any Government dam shall include: (1) the actual unreimbursed cost to the United States resulting from the construction, operation, and maintenance of the licensee's project works; and (2) an annual rental charge not to exceed $1.00 per kilowatt of installed capacity and one-half mill per kilowatt-hour of energy produced.
United States · United States Congress · 20 April 1983
Rail Passenger Service Act Amendments of 1983 - Amends the Rail Passenger Service Act to provide that the two members of the board of directors of the National Railroad Passenger Corporation (Amtrak) which are selected by the preferred stockholders shall serve until their successors have been appointed. Provides that the preferred stock issued by the Corporation shall be deemed to have been issued as of the date the Corporation receives the funds for such stock. Authorizes the Corporation to issue preferred stock at par value to the Federal Financing Bank to: (1) repay principal and interest owed to such bank; (2) fund obligations under leases guaranteed by the Secretary of Transportation; and (3) fund the acquisition of titles to cars and locomotives. Directs the Secretary to exercise the rights of the United States as a shareholder of the Corporation. Provides that the authority of the Secretary to guarantee obligations of the Corporation shall expire upon its satisfaction of such obligations. Repeals provisions which established and set forth the duties of the Performance Evaluation Center within the Corporation. Eliminates requirements for monthly performance reports. Requires the Corporation to report to Congress not later than February 15 of each year on its intercity rail passenger service, including data on ridership, short-term avoidable profit or loss per passenger mile, revenue-to-cost ratio, revenues, the Federal and non-Federal subsidies, and on-time performance. Provides that beginning October 1, 1983, the Corporation may continue service on routes where the Secretary recommends discontinuance if the Corporation and the affected State enter into an agreement to ensure that specified criteria are met. Revises such criteria to remove requirements to calculate passenger mile per train mile on such routes. States that trade secrets and commercial or financial information prepared by the Corporation are not subject to public disclosure requirements. Authorizes appropriations for the Corporation for FY 1984 and 1985. Grants the Comptroller General discretionary authority to make performance audits of the Corporation. (Currently the Comptroller General is required to make such audits annually.)
United States · United States Congress · 20 April 1983
Authorizes and directs the Secretary of the Treasury to pay a specified sum to the grantors of certain lands in Kentucky in full satisfaction of all claims against the United States arising out of the sale of such lands to the United States.
United States · United States Congress · 20 April 1983
Expresses the sense of the Senate that the National Oceanic and Atmospheric Administration (NOAA) shall be maintained as a scientifically sound Federal institution to safeguard the American people's interest in the oceans and atmosphere. Expresses the sense of the Senate that NOAA's institutional integrity should be preserved through comprehensive authorization legislation.
United States · United States Congress · 20 April 1983
Declares that the Senate deplores the bombing of the U.S. Embassy in Lebanon. Urges specified Federal officials to hold memorial or other commemorative ceremonies to honor the victims of the bombing.
United States · United States Congress · 19 April 1983
Amends the Interstate Commerce Act to revise the Federal rail transportation policy to allow competition among carriers to provide transportation services to establish rates. (Currently competition and the demand for services establish such rates.) Removes provisions which require the maintenance of reasonable rates where rail rates provide excessive revenues. Sets forth factors for the Interstate Commerce Commission to consider when determining the reasonableness of rail rates. Revises standards and procedures for establishing revenue levels for rail carriers. Requires the Commission to assist carriers in attaining such revenue levels, while recognizing the need to maintain reasonable rates where there is market dominance. Revises factors which determine whether or not a rail carrier establishing a challenged rate has market dominance over transportation. Directs the Commission, in determining the existence or absence of effective competition, to consider only transportation competition for the same commodity. Requires the Comptroller General to make appointments to the Railroad Accounting Principals Board within 120 days of enactment of this Act. Terminates the Board three years after its members have been appointed.
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 · 12 April 1983
Requests the President to grant posthumous citizenship to William Penn, founder of the Commonwealth of Pennsylvania, and his wife, Hannah Callowhill Penn.
United States · United States Congress · 7 April 1983
Permits the immediate payment of hospital benefits for disabled veterans (current law requires payment to begin on the first day of the month following hospitalization).
United States · United States Congress · 24 March 1983
Mathematics and Science Education Assistance Act of 1983 - Title I: Grants to States for the Improvement of Skills of Teachers of Mathematics and Science in Elementary and Secondary Schools - Authorizes the Secretary of Education to make grants to States for training of elementary and secondary school teachers who wish to earn a degree in science or mathematics. Authorizes appropriations for such grants for FY 1984 through 1986. Directs the Secretary to: (1) reserve one percent of such funds for payments to specified U.S. territories and possessions; and (2) allocate the remaining funds among the States (including the District of Columbia and the Commonwealth of Puerto Rico) on the basis of each State's relative number of children aged five through 17. Permits a State to use such grants for grants or loans to teachers wishing to study at an institution of higher education to earn a science or mathematics degree. Requires each State desiring such grants to submit to the Secretary a plan for its teacher assistance program. Lists plan requirements, including requirements that: (1) the State will make stipends to each participating teacher equal to 80 percent of the teacher's compensation for up to two years of study; (2) the State will loan each teacher up to $2,000 each year for educational expenses for not more than two years; (3) each teacher receiving assistance will agree to work as a mathematics or science teacher in an elementary or secondary school in the State for at least five years; (4) the State will cancel 20 percent of any loan to such teacher for each year of service in compliance with such agreement or will establish procedures for the prompt repayment of any loan by a teacher who fails to comply with such agreement; and (5) an annual report will be submitted to the Secretary identifying the number of teachers participating in the program and the local educational agencies at which the teachers were working prior to participating in such program. Directs the Secretary to withhold funds from any State he or she finds has failed to comply with plan requirements until he or she is satisfied that there is no longer such failure to comply. Title II: Grants to Local Education Agencies for the Acquisition of Mathematics and Science Equipment and Materials - Authorizes the Secretary to make grants to States to pay for the acquisition of instructional equipment and materials for use in providing elementary and secondary education in mathematics and science. Authorizes appropriations for such grants for FY 1984 through 1986. Sets forth fund reservation and allocation requirements which are identical to such requirements under title I. Permits a State to use such grants for grants to local educational agencies for the acquisition of such equipment and materials. Requires each State desiring such grants to submit to the Secretary a plan for its acquisition program. Lists plan requirements, including requirements that: (1) the State will distribute 95 percent of its funds among local educational agencies based on each agency's need for equipment and materials; and (2) each local educational agency will use 75 percent of the funds it receives in secondary schools and 25 percent in elementary schools. Applies provisions of the Education Consolidation and Improvement Act of 1981 that require local educational agencies to provide equal expenditures and educational services to students of private and public schools to the assistance program under this title. Title III: State Councils on Education in Mathematics and Science - Authorizes appropriations for FY 1984 through 1986 for allotments by the Secretary to States that establish a State Council on Education in Mathematics and Science. Requires that each State Council be appointed by the chief school officer of the State, subject to the approval of the State board of education. Directs each Council to: (1) examine the needs of public agencies, private nonprofit organizations, and businesses within the State for personnel who are well trained in mathematics and science; (2) assess the need for improving secondary and elementary mathematics and science programs; and (3) recommend ways to improve such programs. Requires a State to apply for assistance under this title.
United States · United States Congress · 24 March 1983
National Commission on Space Act - Directs the President to establish a National Commission on Space to make a comprehensive investigation of existing and proposed space activities in the United States to assess their adequacy in meeting the present and future needs of the Nation. Requires such study to include a review of methods by which space technology might be utilized and the adequacy of current and future space policy. Directs the Commission to report to the President and the appropriate congressional committees within 12 months. Authorizes appropriations for FY 1984.
United States · United States Congress · 23 March 1983
National Archives and Records Administration Act of 1983 - Establishes the National Archives and Records Administration as an independent establishment in the executive branch. Requires the Administration to be directed by the Archivist of the United States who shall be appointed by the President for a ten-year term. Directs the Archivist to appoint a Deputy Archivist. Sets forth the administrative duties and authority of the Archivist. Requires the Archivist to submit to Congress an annual report concerning the administration of functions of the Archivist and the Administration. Transfers to the Administration and the Archivist the functions, duties, and authority of the General Services Administration (GSA) and its Administrator, respectively, concerning: (1) congressional printing and binding; (2) the Federal Register and the Code of Federal Regulations; (3) the distribution and sale of public documents; (4) archival administration; (5) presidential records; (6) the National Archives Trust Fund Board; (7) the National Historical Publications Commission; (8) records management; (9) the disposal of records; (10) official territorial papers; (11) Indian records placed with the Oklahoma Historical Society; (12) public laws, Constitutional amendments, and the United States Statutes at Large; and (13) electoral credentials and certificates. Transfers to the Administration the National Archives and Records Service and the office of Office Information Services of the Office of Information Resources Automated Data and Management (presently within GSA).
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 · 23 March 1983
Directs the Secretaries of Agriculture for national forest lands and of the Interior for other public lands to terminate, at the purchaser's request: (1) specified quantities of estimated and cumulative timber volume as specified in such purchaser's contract bid prior to January 1, 1982; and (2) other specified contracts for estimated timber volumes. Requires purchasers to pay for the costs incurred by the appropriate Secretary in terminating such contracts and for re-offering the terminated timber for resale. Specifies the maximum amount to be paid per terminated contract. Authorizes the purchaser to transfer, retain or assign timber sale appraisal allowances according to stated guidelines. Directs the Secretaries of Agriculture and of the Interior to adjust, without penalty, certain contract termination dates for a specified period, upon the purchaser's written request. Declares that contracts with termination dates adjusted for four years or more shall require: (1) payment by the purchaser according to a specified schedule; or (2) removal of a certain percentage of estimated timber volume by a certain date. Assures specified purchasers continued eligibility to bid on the resale of timber included in a terminated contract. Establishes guidelines for termination, payment schedules, bidding, and timber resales. Directs the Secretary of Agriculture to permit the transfer of unused purchaser credit for road construction on specified contracts. Directs the Secretary to treat credit earned on specified contracts as transferable earned purchaser credit. Emergency National Forest Productivity Act of 1983 - Directs the Secretary of Agriculture to establish a special program to remove dead or diseased timber on national forest system lands. Authorizes the Secretary to enter into contracts, or conduct the work within the Department of Agriculture, under certain conditions. Authorizes appropriations. Authorizes the Secretary to use regular national forest system and construction accounts subject to approval by the congressional appropriations committees.
United States · United States Congress · 22 March 1983
Authorizes the Secretary of the Interior to acquire certain lands located in Kentucky in order to establish the Alben Barkley National Historic Site. Authorizes appropriations from the Land and Water Conservation Fund for the acquisition of such lands and interests therein.
United States · United States Congress · 21 March 1983
Deep-Draft Navigation Act of 1983 - Title I: Findings and Purposes; Definitions - Declares the findings of Congress and the purposes of this Act. Title II: Creation of Trust Fund to Administer Accounts for Operations and Maintenance, Improvement Projects, and Local-Share Credits - Establishes the Deep-Draft Navigation Trust Fund in the Treasury, consisting of: (1) the Operations and Maintenance Account; (2) the Navigation Improvement Account; and (3) the Special Credit Account. Requires the Secretary of the Army to be the trustee of the Trust Fund and to make an annual report to Congress on the operation and status of the Fund. Sets forth contents and the authorized uses for each Fund account. Title III: Tax on Deep-Draft Commercial Vessels Using Deep-Draft Commercial Channels, Harbors, and Navigational Facilities; Saint Lawrence Seaway Development Corporation - Amends the Internal Revenue Code to impose a tax on the use of any deep-draft commercial channel or harbor within the United States by a deep-draft commercial vessel (vessel). States the rate of such tax. Declares that such tax shall not apply to intraport transfers. Imposes a tax on the use by any vessel of any Great Lakes navigation improvement operated or maintained by the United States. States the rate of such tax. Imposes a tax on the use of any deep-draft commercial channel or harbor within the United States for a purpose other than the loading or unloading of commercial cargo (including convenience, bunkering, refitting, or repair). States the rate (including the maximum rate) of such tax. Requires any person or agent of such person who causes qualified commercial cargo to be transported by means of a vessel to provide to the Master of such vessel a sworn declaration of the value of such cargo prior to the loading of such cargo. Requires the master of a vessel to report the declared value of all qualified commercial cargo loaded onto, unloaded from, or contained in such vessel to the U.S. Customs Service upon the loading or unloading of any such cargo or upon passage through any Great Lakes navigation improvement operated or maintained by the United States. Entitles the Master and owner of a vessel to rely upon the accuracy of any sworn declaration of value for purposes of rendering the tax imposed on such vessels under this Act. Declares that the owner of such vessel shall not be liable for the payment of any additional vessel tax unless such owner knew or had reason to know of the inaccuracy of such declaration of value. States the powers of the Secretary of the Treasury, with regard to making investigations and requiring recordkeeping, for determining whether any person is in violation of this Act. Authorizes the Secretary, acting through the U.S. Customs Service or any other designated agency, to assess and collect the taxes imposed under this title. Requires that the liability for the payment of such taxes shall be imposed on the owner of such vessel and shall constitute a valid lien against said vessel in favor of the United States until paid. Sets forth provisions concerning violations and enforcement of this title, including: (1) findings of violations by the Secretary; (2) actions by the Attorney General; (3) jurisdiction and venue of actions under this title; (4) unlawful departure of vessels without paying all taxes; and (5) the unlawful diversion of taxable cargo for tax avoidance purposes. Defines "deep-draft commercial vessel" (vessel) and "deep-draft commercial channel or harbor" for purposes of this title. Amends the Act establishing the Saint Lawrence Seaway Development Corporation to authorize the Corporation to accept certain amounts for the operation and maintenance of authorized deep-water navigation works in the Saint Lawrence Seaway. Waives that portion of the toll levied on a vessel for use of the Seaway to the extent that such toll exceeds the deep-draft commercial vessel tax imposed under this Act. Requires the Corporation to remit to the Treasury all revenues derived from charges for providing services to vessels using the Seaway and from toll bridge charges. Requires the Secretary of State, in consultation with the Secretary of Transportation, to initiate discussions with the Government of Canada concerning the reduction or elimination of all tolls on the international Great Lakes and/or the Saint Lawrence Seaway. Requires the Secretary of Transportation to report to Congress on the progress of such discussions and on the economic effects to U.S. waterborne commerce of any proposed reduction or elimination in tolls. Title IV: Establishment of Federal/Local Partnership for Deep-Draft Navigation Improvement Projects - Requires the Secretary of the Army to enter into a memorandum of agreement with the port authority sponsoring any deep-draft navigation project, prior to submitting recommendations to Congress for the authorization or reauthorization of such projects. Requires the memorandum to establish the responsibilities of each party with respect to the construction and operation of the project, including a formula (determined in a specified manner) for the allocation of project costs. Declares that navigation improvement projects previously authorized by Congress need not be reauthorized and are eligible for appropriations under this Act. Authorizes port authorities to construct and operate a deep-draft navigation project upon entering into a memorandum of agreement with the Secretary. Sets forth certain provisions to be contained in such memoranda. Requires the Secretary to order persons or port authorities in violation of any provision of the memorandum to comply with such memorandum within 90 days. Authorizes the Attorney General to bring a civil action as may be necessary to bring such persons or port authorities into compliance with the memorandum. Title V: Expedited Procedure for Authorization and Review of Deep-Draft Navigation Improvement Projects - Authorizes port authorities to submit to the Secretary of the Army proposals for the construction of deep-draft navigation improvement projects. States the required contents of such proposals. Requires the Secretary to direct the Corps of Engineers to prepare and submit, on an expedited basis, certain reports and an environmental impact assessment of the proposed project. States procedures to be followed for the consolidated environmental review of proposed projects. Requires the Corps of Engineers to be the lead agency in the consolidated environmental review process. Requires the Secretary to evaluate such reports and assessments and to submit recommendations for the construction of such projects (together with a list of all proposals submitted) to the appropriate congressional committees. Requires such recommendation to be cost effective, to reflect a mix of differing depths and scope, and to be from each of the standard coastal and Great Lakes ranges. Prohibits the Secretary from recommending to Congress any projects (or combination of projects) for which the total Federal share of projected annual outlays will exceed the amounts available for Deep-Draft Navigation Trust Fund's Navigation Improvement Account for each fiscal year. Requires the congressional committee to which the recommendations were submitted to report a joint resolution approving or disapproving such recommendations, in whole or in part, within 90 days of their submission. Requires the Secretary to establish and publish in the Federal Register a schedule (the permit schedule) for the issuance or nonissuance of all necessary Federal permits for the construction of such projects. States the procedures to be followed for the permit schedule. Requires the Secretary to monitor compliance with the permit schedule by all agencies subject to such schedule. Provides a procedure to be followed in the event of any threatened delay or failure to meet any deadline imposed under the schedule. Declares that nothing in this title shall be construed to relieve any agency of any legal requirements or to affect the application of any law or regulation to a deep-draft navigation improvement project or related landslide facilities. Describes procedures concerning judicial review of final agency decisions concerning deep-draft navigation improvement projects authorized under this Act. Declares that if any part of this Act is held invalid then all of this Act shall be invalid.
United States · United States Congress · 18 March 1983
Consumer Product Safety Commission Authorization Act of 1983 - Amends the Consumer Product Safety Act to allow for the disclosure of certain information to Commission contractors. Provides that the Product Safety Commission may assess civil penalties administratively. Restricts certain conflict of interest prohibitions for members of the Chronic Hazard Advisory Panel to prohibit participation for someone with substantial financial interest in any consumer product which may be subject to investigation (currently prohibits participation by anyone with a substantial financial interest in any consumer product). Authorizes appropriations for FY 1984 and 1985. Removes the requirement that the Commission retain certificates of compliance for sellers of products within the jurisdiction of the Flammable Fabrics Act.
United States · United States Congress · 17 March 1983
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the spread of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide for evaluation, information, materials, training, and technical assistance. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1983 through 1986.
United States · United States Congress · 16 March 1983
National Security and Violent Crime Control Act of 1983 - Title I: Narcotics Law Enforcement - National Narcotics Act of 1983 - Establishes an Office of Director of National and International Drug Operations and Policy in the executive branch to plan and coordinate drug enforcement efforts of the Federal Government. Amends the Federal Aviation Act of 1958 to require the revocation of the airman certificate of any person who violates any Federal or State law relating to the transportation or distribution of controlled substances. Provides criminal penalties for the use or sale of fraudulent certificates with the intent or knowledge that such certificates will be used to violate any such laws. Establishes criminal penalties for operating an aircraft with knowledge that such aircraft is used or intended to be used to violate any such laws. Directs the Attorney General to move expeditiously to conduct negotiations to secure the cooperation of law enforcement authorities in foreign countries in order to deprive domestic criminals of use of foreign havens for proceeds of crimes. Title II: Bail, Sentencing, and Criminal, Procedure Reform - Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days if a person: (1) who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community; or (2) is not a U.S. citizen or lawfully admitted for permanent residence. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person and the weight of the evidence against the person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to the safety of any other person or the community and; and (2) the appeal raises a substantial question of law or fact likely to result in reversal or an order for a new trial. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Allows the person released to move for amendment of the conditions of release. Allows a person to file a motion for revocation or amendment of a detention order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Sentencing Reform Act of 1983 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Imposes maximum penalties for the "Career Criminal". Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office. Amends the Federal criminal code to establish a mandatory term of imprisonment whenever: (1) serious bodily injury results from the defendant's participation in the offense; or (2) the offense is a felony and the defendant was previously convicted of a Federal or State felony, unless a substantial period of time has elapsed. Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Defines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense from one to ten years' imprisonment to five to ten years' imprisonment for a first offender and from two to 25 years to ten years to life imprisonment for a second or subsequent offender. Extends to first offenders the directions, currently applicable only to second offenders, that the court not suspend any sentence or grant probation and that the additional sentence not run concurrently with any term of imprisonment imposed for the offense itself. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses. Violent Juvenile Offender Act of 1983 - Amends the juvenile delinquency provisions of the criminal code to lower the age to seventeen for purposes of the section. Permits a juvenile to be proceeded against in Federal district court upon certification of the Attorney General that the offense charged is a felony and that there is substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. Revises the factors (including the age of the individual and the type of crime) to be considered in delinquency proceedings in district court. Revises procedures for the use of juvenile records. Amends the Federal Property and Administrative Service Act to authorize the donation of surplus Federal property to a State for housing violent juvenile offenders. Federal Diversion Act of 1983 - Authorizes the preparation of a diversion program for eligible individuals charged with non-violent Federal offenses. Includes in such program, among other activities: medical, educational, vocational, social, and psychological services; corrective and preventive guidance; counseling; restitution to the victim of the offense; and uncompensated community service. Includes among the criteria for eligibility that the person has not exhibited a continuing pattern of criminal behavior. Sets forth the admissions procedure for such program. Requires a person admitted to the program to waive formally all applicable statutes of limitations and his or her right to a speedy trial. Provides that upon the expiration of the diversion period the Government shall dismiss with prejudice the indictment, information, or complaint. Authorizes the Government to resume prosecution upon finding that the person is not fulfilling his or her obligations under the plan or that new facts demonstrate that the individual is unsuitable for the program. Allows the person charged to contest such a determination. States that the district planning panel established by current law, with other individuals as the group may appoint, shall constitute a diversion advisory committee to plan for implementation and review of the diversion program. Directs the Attorney General to conduct research and report to the President, Congress, and the Judicial Conference of the United States with respect to the diversion program. Title III: Organized Crime - Directs the Attorney General to submit annually to the congressional Judiciary Committees a report on how reorganization of the Drug Enforcement Administration and narcotics and organized crime control policies of the Department of Justice will accomplish specified goals, including: (1) immobilizing at least one organized crime entity each year; (2) reducing narcotic trafficking by meeting annual goals; and (3) reducing the economic incentives for drug traffickers by forfeiting assets of major narcotics traffickers. Amends the Federal criminal code to establish penalties for anyone who commits or commissions a contract murder, attempted murder, or assault. Provides that a direct or indirect contract between two or more persons involving an offer, agreement, or solicitation to commit a contract murder shall constitute prima facie evidence that the act was commissioned for "anything of value." Applies the penalties for contract murder to any person who uses actual or threatened force to coerce another to commit a murder, attempted murder, or assault in violation of State law. Directs the Attorney General to designate criteria for Federal involvement in the prosecution of contract murders. States that this Act does not preempt State law in this area. Makes it a Federal offense to kill any attorney, agent, or employee of the U.S. Government employed to investigate or prosecute violations of Federal criminal statutes or any employee of the Intelligence Community. Establishes a new offense of assaulting, kidnapping, murdering, or threatening the relative of any Federal employee covered by the current assault statute, with intent to interfere with such employee's official duties. Amends the obstruction of justice statute to expand the class of persons protected from coercion to include potential witnesses and informants (current law protects actual witnesses). Amends the Freedom of Information Act to expand the exception relating to informants to limit disclosure of information which "tends to disclose" an informant's identity. Amends the Federal Rules of Criminal Procedure to permit a court to reduce a sentence of a cooperating defendant upon application of a U.S. Attorney. Amends the wiretap statute to require a judge to review in camera any information as to previous wiretap applications which might compromise a current or pending case or investigation. Amends the Federal Rules of Criminal Procedure to permit disclosure of Federal grand jury information to a State or local law enforcement official who is assisting a U.S. Attorney in the enforcement of Federal criminal law. Comprehensive Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents. Anti-Arson Act of 1983 - Establishes an Interagency Committee on Arson Prevention and Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection, and control of arson. Directs the Committee to report to Congress on the success of its activities within 18 months of enactment. Terminates the Committee two years from the date of enactment. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special statistical report for arson in cooperation with the National Fire Data Center. Directs the Administrator of the United States Fire Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Authorizes appropriations for the Administration for such purpose. Amends the National Housing Act to require that FAIR (fair access to insurance requirements) plans be issued only after insurers obtain information from a prospective policyholder with respect to arson. Title IV: Amendments to Omnibus Crime Control and Safe Streets Act of 1968 - Justice Assistance Act of 1983 - Eliminates the Law Enforcement Assistance Administration including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance (OJA), to be headed by a Director appointed by the President. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance. Replaces the formula grant program with "national priority implementation and replication programs," under which grants are authorized for programs which address critical problems of violent and serious crime and for programs which have been certified to be successful. Enumerates 15 criteria for the awarding of these grants. Limits the amount of grants that may be awarded annually within any State. Limits the Federal share of the new priority grant programs to a period of four years and includes a cash match requirement. Eliminates the current national priority grant program. Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; and (3) national demonstration programs which are likely to be successful but unlikely to be funded. Establishes a Justice Assistance Board to: (1) recommend to the Assistant Attorney General for the Office of Justice Assistance funding and program priorities; (2) review and evaluate the activities of the OJA and Federal policies and priorities in justice assistance; and (3) coordinate its activities with the other justice advisory bodies. Retains the training and manpower development programs. Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the need to avoid unnecessary Federal involvement in local concerns; and (5) alternative sources of assistance. Authorizes appropriations for law enforcement assistance. Public Safety Officers Assistance Act of 1983 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a national program of group life insurance for public safety officers of a State or local government which has applied to the Law Enforcement Assistance Administration to participate in such program and agrees to withhold a premium from such officers' pay. Creates an Advisory Council on Public Safety Officers' Group Life Insurance to advise the Administration on such program. Establishes in the Treasury a Public Safety Officers' Group Life Insurance Revolving Fund.
United States · United States Congress · 10 March 1983
Amends the Federal Aviation Act of 1958 to declare congressional policy with respect to the marketing and sale of passenger air transportation. Directs the Civil Aeronautics Board to vacate Order 82-12-85, adopted on December 16, 1982, and to adopt as its final decision in docket numbered 36595 the recommended order of an administrative law judge dated June 1, 1982.
United States · United States Congress · 8 March 1983
Fair Practices in Automotive Products Act - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 100,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Establishes penalties for a vehicle manufacturer who fails to meet the minimum domestic content ratio. Directs the Secretary of Transportation and the Federal Trade Commission to investigate and prepare a written report regarding policies and practices of vehicle manufacturers used to persuade U.S. motor vehicle dealers to favor foreign made parts rather than domestically produced parts.
United States · United States Congress · 8 March 1983
Amends the Foreign Trade Zones Act to provide that bicycle component parts shall not be exempt under the customs exemption provided by such Act unless the parts are re-exported from the United States.
United States · United States Congress · 3 March 1983
Amends title 31 of the United States Code to add a new Chapter 74 - Capital Assistance to State and Local Governments. Requires the Secretary of the Treasury, for each entitlement period, to pay out of the State and Local Government Capital Fiscal Assistance Trust Fund (as established by this Act): (1) to each State government a total amount equal to its entitlement for such period; and (2) to each unit of local government a total amount equal to its entitlement. Requires such payments to be made in quarterly installments paid no later than five days after the close of the quarter. Limits the use of such funds by State and local governments to capital expenditures. Establishes the State and Local Government Capital Fiscal Assistance Trust Fund. Makes appropriations for such Trust Fund. Sets forth the procedure for determining the amounts which are to be allocated to each State for each entitlement period. Declares that the State government shall be entitled to receive 33 1/3 percent of the amount allocated to a State for each entitlement period and that the remaining portion shall be allocated among the units of local government of that State. Makes all units of local government eligible to receive such payments except: (1) any municipality, township, Indian tribe, or Alaskan Native Village which has a population of less than 35,000; (2) any county government with a population of less than 10,000; and (3) any unit of local government which is allocated less than $10,000 for such entitlement period. Establishes the Discretionary Capital Assistance Trust Fund for payments to local governments which are not eligible to receive a payment out of the State and Local Government Capital Fiscal Assistance Trust Fund. Requires reports to the Secretary on the use of funds by each State and local government which receives funds under this Act after the close of each entitlement period. Sets forth miscellaneous provisions concerning qualifications of State and local governments to receive funds. Terminates all authorities granted under this Act on September 30, 1985.
United States · United States Congress · 2 March 1983
Improved Standards for Laboratory Animals Act - Amends the Animal Welfare Act to revise the humane standards for animals transported in commerce. Requires each research facility to establish an institutional animal studies committee with sufficient expertise to assess the appropriateness of animal care and treatment in experimental research. Requires the committee at each facility to: (1) meet regularly, with a quorum needed for all formal actions; (2) make inspections at least semiannually of animal study areas and facilities; (3) review and evaluate the research methods involving direct use of conscious animals and the condition of research animals in order to ensure compliance with humane standards and to minimize pain and distress; and (4) file with the Secretary of Agriculture and the appropriate Federal agency a certification that such inspections have occurred (includes in such certification a report of any violations of standards). Requires the committee to notify, in writing, the Animal and Plant Health Inspection Service of the Department of Agriculture and any appropriate Federal agency of unacceptable conditions of animal care, treatment, or methodology not included in the certification. Directs the committee to provide for annual sessions for scientists, animal technicians, and other qualified personnel to provide instruction or training in humane standards for laboratory animals. Prohibits discrimination against research facility employees for reporting violations of this Act. Authorizes the Secretary to waive certain standards under exceptional circumstances. Directs the Secretary to establish an information service at the National Agricultural Library to provide information on improved methods of animal experimentation, including: (1) reducing or replacing animal use; (2) minimizing pain and distress; and (3) preventing unnecessary duplication of animal experimentation. Requires a research facility to provide a statement of assurance of compliance with humane standards to the Secretary and the appropriate Federal agency before requesting a Federal award for animal research, experimentation, or testing. Sets forth terms and conditions under which the agency may approve or suspend such award.
United States · United States Congress · 2 March 1983
Fair Trade Act of 1983 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to submit a report to the President on certain trade practices of countries designated as major trading countries. Requires the report to be completed within six months after enactment of this Act. Requires the report to contain a study on any major practice of each major trading country that: (1) is inconsistent with a trade agreement; (2) is unjustifiable and restricts U.S. commerce; or (3) denies to competitive U.S. products commercial opportunities that are substantially equivalent to those offered by the United States. Directs the President to publish and submit to the appropriate congressional committees: (1) such study; (2) an estimate of the trade distorting impact of the practices identified in the study; (3) all feasible courses of action which would redress imbalances caused by such practices if efforts to obtain their elimination fail; and (4) a proposed joint resolution which requires the President to take a specific course of action which the President has determined to be the most appropriate. Authorizes other Federal agencies to help the USTR to carry out this Act. Authorizes appropriations. Provides for expedited consideration of the proposed joint resolution which the President is required to submit to the appropriate congressional committees. Directs the President, upon enactment of such resolution, to inform the countries involved that the President will undertake the course of action specified in the joint resolution unless the countries eliminate the offensive practices within 60 days. Adds to the list of unfair trade practices that require Presidential action under the Trade Act of 1974 those foreign trade practices that deny to the United States commercial opportunities substantially equivalent to those offered by the United States. Directs the President to take appropriate action to redress any imbalance resulting from such foreign trade practices. Provides that such action need not be limited to the equivalent product or service sector or the offending act, policy, or practice.
United States · United States Congress · 1 March 1983
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the maximum size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; and (2) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreement with respect to a material issue in a veteran's appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternative claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to Congress on such studies. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) the definition of final decision; (2) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. States that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. States that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 1 March 1983
Federal Correctional Education Assistance Act - Declares the purpose of this Act to be to provide financial assistance to the States to carry out educational programs for criminal offenders in juvenile and adult correctional institutions. Authorizes appropriations for FY 1984 through 1986 to enable the Secretary of Education to make grants to States under this Act. Allows such appropriations to remain available until expended. Authorizes the Secretary to make grants to State educational agencies and grants for programs of national significance. Sets forth formulas for the allocation of funds under this Act. Prohibits the use of funds for purposes inconsistent with the Juvenile Justice and Delinquency Prevention Act of 1974. Sets forth permissible uses of grants made to States under this Act, including: (1) academic programs for basic education, special education, bilingual or bicultural study, secondary school credit, postsecondary study, fine arts, recreation and health, and curriculum development; (2) vocational training; (3) library development and services; (4) teacher training; (5) educational release programs; (6) guidance; (7) supportive services; and (8) job training. Sets forth requirements for State applications for assistance under this Act. Authorizes the Secretary to make, from specified reserved funds, grants to State and local educational agencies, institutions of higher education, State correctional agencies, and other public and nonprofit organizations and institutions to meet the costs of programs of national significance which the Secretary determines give promise of improving the education of criminal offenders. Sets forth provisions for payment and withholding of funds under this Act.
United States · United States Congress · 28 February 1983
Prohibits federally assisted rental housing projects for the elderly and handicapped from forbidding tenants to have pets or discriminating against persons having pets. Permits a project authority to require the removal of a pet that constitutes a threat to the health or safety of project occupants or other persons in the community.
United States · United States Congress · 24 February 1983
Grain Storage Compensation Act of 1983 - Permits farmers who have suffered a loss as a result of a grain warehouse insolvency (from December 1, 1979 through the date of enactment of this Act) to receive surplus commodities as compensation. Requires the Secretary of Agriculture to publish notice of this program in the Federal Register within 60 days. Requires a farmer to provide evidence of loss before such compensation may be given. Authorizes appropriations.
United States · United States Congress · 24 February 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of the Treasury to implement procedures for identifying social security benefit checks issued under title II which have not been negotiated within 12 months and to credit the appropriate social security trust fund, on a monthly basis, for the amount of all unnegotiated benefit checks drawn on such trust fund. Requires the Secretary to pay a benefit check presented for payment after they have been credited to one of the trust funds, and to recharge such trust fund, if such check is otherwise proper. Requires the reimbursement of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from the Treasury for the total amount of unnegotiated benefit checks.
United States · United States Congress · 24 February 1983
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.