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
Economic Equity Act of 1983 - Title I: Tax and Retirement Matters - Amends the Internal Revenue Code to provide that the maximum deduction for contributions to an individual retirement plan: (1) shall be computed separately for each individual who is married; and (2) in the case of a married individual who has no compensation or less compensation than that of the spouse, shall be determined as if such compensation were the same as that of the individual's spouse. Treats alimony as compensation for purposes of determining an individual's income tax deduction for retirement savings. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of a participant who dies before the annuity starting date in an amount not less than the amount that would have been made under the survivor's annuity if the participant has survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Requires a retirement plan to treat an individual who was the spouse of the participant on the annuity starting date and who survives the participant as if such individual were the spouse of the participant on the date of death of the participant whether or not divorced after the annuity starting date. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave. Entitles former spouses of civil service employees or Members of Congress, who were married to an employee or Member for at least ten years during creditable service, to an annuity based upon a portion of retired or retainer pay unless otherwise provided by a spousal agreement or a state court decree of divorce or annulment. Entitles former spouses to survivor's benefits under the civil service plan unless the former spouse remarries before becoming 60 years of age or the employee or Member and former spouse elect to waive such benefit. Requires that such waiver be jointly made in writing. Includes displaced homemakers as a targeted group for purposes of the targeted jobs tax credit. Defines "displaced homemaker" as a person who: (1) has not worked, except in the home, for a substantial number of years; (2) has been dependent on public assistance or on the income of a family member but is no longer supported by that income; and (3) is a member of an economically disadvantaged family and is experiencing difficulty obtaining or upgrading employment. Increases the zero bracket amount for heads of households from $2,300 to $3,400. Title II: Dependent Care Program - Increases the income tax credit for household and dependent care services from a maximum of 30 percent of amounts paid to a maximum of 50 percent of amounts paid. Reduces such percentage to a minimum of 20 percent based on the taxpayer's adjusted gross income. Makes such income tax credit refundable. Treats as tax-exempt organizations certain organizations which provide nonresidential dependent care to the general public. Requires the Secretary of Health and Human Services (through the Commissioner of the Administration of Children, Youth, and Families) to establish a grant program to assist nonprofit organizations in the establishment or operation of community-based child care information. Title III: Nondiscrimination in Insurance - Nondiscrimination in Insurance Act of 1983 - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Grants to State or local governments having insurance discrimination laws the primary opportunity to enforce this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer, if a State or local authority: (1) has received notice of a complaint and fails to act within 60 days; or (2) has no insurance discrimination laws. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Title IV: Regulatory Reform and Sex Neutrality - Requires the head of each Federal agency to: (1) conduct an ongoing review of the rules, regulations, programs, and policies of the agency to identify any which result in different treatment based on sex; and (2) submit annually a report to the Congress on such review. Sets forth rules of statutory construction relating to gender. Title V: Child Support Enforcement - Amends the Social Security Act to specify that the purpose of the child support enforcement program is to assure compliance with obligations to pay child support to each child in the United States living with one parent. Allows offsets of income tax refunds of an absent parent on behalf of children not receiving Aid to Families with Dependent Children (present law permits such offsets only in the case of children receiving AFDC payments). Requires States to establish a child support clearinghouse through which child support payments can be paid, recorded and forwarded. Revises State child support enforcement procedures. Allows allotments for child and spousal support to be taken from the pay of Federal employees.
United States · United States Congress · 23 March 1983
Federal Land Retention Act of 1983 - Requires Executive agencies to comply with specified inventory, public comment and review, and governmental notification procedures before offering Federal lands for sale. Requires that Federal lands included within specified public land systems be sold at fair market value only in accordance with this Act and only with congressional approval under the Federal Land Policy Management Act of 1976. Authorizes conveyances of specified Federal lands for recreational purposes to government units or nonprofit organizations at no cost or for up to 25 per cent fair market value without Congressional approval. Subjects such conveyance to specified conditions under the Recreation and Public Purposes Act of 1976.
United States · United States Congress · 23 March 1983
Expresses the sense of Congress that the family planning program under title X of the Public Health Service Act should be administered by the Health Resources and Services Administration of the Department of Health and Human Services.
United States · United States Congress · 22 March 1983
National Education and Economic Development Act of 1983 - Title I: Grants to States for Planning, Program Development, and Program Improvement in Mathematics and Science Instruction - Authorizes appropriations for FY 1984 through 1988 for grants to State educational agencies for: (1) planning and program development in mathematics and science instruction in elementary and secondary schools; and (2) program improvement in such instruction. Requires the Secretary of Education to: (1) reserve up to one percent of such appropriations for payments to specified U.S. territories and possessions and one half of one percent for payments for children enrolled in Indian schools; and (2) allot the remaining funds among the States on the basis of each State's relative number of children aged five through 17. Part A: Grants for Planning and Program Development in Mathematics and Science Instruction in Elementary and Secondary Schools within State Allocation - Requires each State's funds allotted for planning and program development grants to be allocated within the State as follows: (1) 25 percent to the State educational agency for programs designed to improve the quality of science and mathematics instruction at the State level; (2) 70 percent of the remaining funds to local educational agencies on the basis of the relative number of school-age children in the school districts of such agencies; and (3) the remaining funds for distribution by the State educational agency on the basis of the relative number of school-age children from families below and families above the poverty level who attend public schools of local educational agencies in the State. Authorizes a State educational agency to use its allocated funds for: (1) the training of teachers and other personnel in the use of instructional equipment and material and in science and mathematics course content and instructional methods; (2) the dissemination of information evaluating instructional methods, equipment, and material; (3) the development of innovative methods and materials to improve instruction and interest in mathematics, science, and technology; (4) technical assistance; and (5) fiscal oversight of the programs of local educational agencies. Permits a local educational agency to use its allocated funds for: (1) determining its need for instructional materials and equipment, teacher training, guidance counseling, improvement of the curriculum and instructional methods, and programs to improve student achievement on, and access to, mathematics, science, technology, and computer use; (2) assessing local resources and developing a plan to use such resources in strengthening instruction in science and mathematics; (3) training teachers and other personnel; and (4) an independent evaluation of the effectiveness of local programs. Requires each State that desires such grants to submit to the Secretary a document which includes: (1) assurances that such assistance will only supplement funds that would otherwise be received from non-Federal sources; and (2) provisions for annual evaluations of assisted State programs. Provides that a local educational agency shall receive funds under this part if it files with the State educational agency a report which: (1) sets forth the general uses for such funds; (2) describes local resources that are available to improve programs of instruction in mathematics, science, technology and computer use; (3) assures that such funds will only supplement non-Federal funds that would otherwise be available for a program; (4) provides for recordkeeping to meet fiscal oversight requirements of the State agency; and (6) assures the establishment of procedures for an independent evaluation of assisted programs. Sets forth the increasing Federal share of the costs of programs assisted under this Act for FY 1985 through 1987. Establishes the Federal share of the amount allocated to local educational agencies at 100 percent. Directs the Secretary to withhold any payments to a State or local educational agency that fails to comply with submission of reporting requirements until the Secretary is satisfied that there is no longer any failure to comply. Part B: Grants for Program Improvement in Mathematics and Science Instruction in Elementary and Secondary Schools - Requires 95 percent of each State's funds allotted for program improvement grants to be allocated by the State educational agency as follows: (1) 60 percent to local educational agencies on the basis of the relative number of school-age children in the school districts of such agencies; and (2) 40 percent to local agencies on the basis of the relative number of school-age children from families below and families above the poverty level who attend public schools of such local agencies. Permits such grants to be used for: (1) the modernization and expansion of courses in science, mathematics, technology and computer use; (2) programs that promote student interest in, and access to, such subjects; (3) cooperative programs with local businesses and institutions involving the shared use of resources to improve instruction in such subjects; (4) the acquisition of materials and equipment to improve programs of instruction in such subjects; (5) minor construction and remodeling of facilities necessary for the effective use of instructional equipment or implementation of assisted programs; (6) programs to recruit and retain teachers of such subjects; and (7) an independent evaluation of assisted programs. Requires each State desiring assistance under this part to submit to the Secretary a document that includes assurances that such assistance will only supplement funds that otherwise would be received from non-Federal sources. Permits a local educational agency to receive funds under this part if it files with the State educational agency a report which: (1) sets forth the general uses of such funds; (2) limits the funds used for the acquisition and use of instructional equipment and materials, facility remodeling and construction, and programs to promote student interest in, and access to, science, mathematics, technology, and computer use; (3) assures that such funds will only supplement funds that otherwise would be received from non-Federal sources; (4) provides for recordkeeping to meet fiscal oversight requirements of the State agency; and (5) assures establishment of procedures for an independent evaluation of assisted programs. Directs the Secretary to withhold payment of funds under this part to any State if the State or local educational agency has failed to comply with submission and reporting requirements until the Secretary is satisfied that there is no longer any failure to comply. Title II: Grants to Institutions of Higher Education for Mathematics and Science Centers and for Research in the Fields of Mathematics and Science Instruction - Authorizes the Secretary to make grants to institutions of higher education for the improvement of mathematics and science instruction, including technology and computer use for students and teachers in elementary and secondary schools. Authorizes appropriations for such grants for FY 1984 through 1988. Allots two-thirds of such appropriations for grants for the establishment and support of mathematics and science centers. Requires each center to conduct: (1) educational programs in mathematics, science, technology, and computer use for elementary and secondary school teachers and students; (2) programs to identify, encourage, and instruct gifted students in such fields; (3) programs to provide instruction to students from populations traditionally underrepresented in such fields; (4) teacher training programs; (5) programs to disseminate information evaluating methods, resources, and activities relating to instruction in such fields; (6) programs to share resources with local educational agencies; and community businesses and organizations. Requires educational institutions desiring such grants to submit an application that contains assurances that the science and mathematics centers will: (1) be independent; (2) be operated in cooperation with local educational agencies; and (3) coordinate their activities with the appropriate State educational agency. Allots the remaining appropriations for grants to institutions of higher education to: (1) establish and support four national research institutes and regional centers for program evaluation; and (2) conduct pilot programs to demonstrate innovative equipment, methods, or materials that will improve instruction in mathematics, science, and technology. Directs each research institute receiving assistance to: (1) develop innovative methods and materials to improve instruction in mathematics, science, technology, and computer use and to increase student interest in, and access to, such instruction; (2) apply technological advances to improve instruction in such fields; and (3) disseminate information on assisted programs. Requires each regional center receiving assistance to: (1) develop and disseminate information on methods to evaluate programs established under this Act; and (2) offer evaluation services to States, local educational agencies, and institutions of higher education. Establishes an Office of Mathematics, Science, Technology, and Computer Use within the Department of Education. Requires the Secretary to submit annual reports to the President and Congress on progress in improving the quality of, and access to, programs of instruction in mathematics, science, and technology, including computer use, at the elementary, secondary, and postsecondary levels. Title III: National Science Foundation Grants, Fellowships, and Awards - Authorizes appropriations through FY 1988 for grants from the Director of the National Science Foundation to institutions of higher education for: (1) undergraduate instruction in mathematics, science, technology and computer competence; (2) equipment relating to such instruction; and (3) training programs for participants in such fields. Authorizes appropriations through FY 1988 for: (1) the Secretary to carry out the National Science Foundation Graduate Fellowship Program; (2) awards from the Director to faculty members of institutions of higher education in the fields of mathematics, science, technology, and engineering to permit such individuals to establish a first research project; and (3) grants from the Director to faculty members of such institutions in such fields for improving teaching skills, providing experience in new research techniques and advance research discoveries, and familiarizing themselves with new instructional methods and materials. Sets forth application requirements for, and restrictions and limitations on such awards and grants.
United States · United States Congress · 22 March 1983
Acid Deposition Reporting Act of 1983 - Directs the National Weather Service of the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce to issue periodic reports describing the acid content in both precipitation and dry deposition throughout the United States. Sets deadlines and priorities for such reports. Authorizes the Administrator of NOAA to reimburse other public or private entities for costs of data collection for such reports in areas where the NOAA does not presently collect such data. Directs the Administrator to report annually to the Congress on the implementation of this Act, within 90 days of the previous calendar year, beginning in 1985. Directs the Administrator to promulgate rules and regulations to carry out this Act. Authorizes appropriations for FY 1984 through 1987 to carry out specified provisions of this Act.
United States · United States Congress · 21 March 1983
Ocean and Coastal Resources Management Act - Establishes in the Treasury an Ocean and Coastal Resources Management Fund to provide States and territories with ocean and coastal management block grants through FY 1989. Provides money for such Fund from a percentage of Outer Continental Shelf oil and gas revenues. Requires an applicant State to report to the Secretary of Commerce, specifying projects and allocations. Requires public review of such report. Sets minimum State and territory grant amounts, with additional allocations based on: (1) coastal population; (2) shoreline; (3) oil or gas production; (4) energy facilities; and (5) bonus revenues. Requires grants to be used for: (1) carrying out the Coastal Zone Management Act of 1972; (2) coastal energy impact projects; (3) projects under the Anadromous Fish Conservation Act and the Commercial Fisheries Research and Development Act; (4) local jurisdictions; and (5) research, marine resources, and interstate programs. Requires an annual grant assessment and audit.
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 the Internal Revenue Code to treat as long-term capital gain amounts actually paid to a taxpayer with respect to a small business participating debenture which constitute the distribution of a share of earnings of the issuer. Defines "small business participating debenture" (SBPD) as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears interest at not less than specified by the Secretary of the Treasury; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of whose outstanding SBPD's does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission. Allows an interest expense deduction for interest and share of earnings payments made on such debentures. Treats losses on small business participating debentures as ordinary losses.
United States · United States Congress · 17 March 1983
Declares that Congress: (1) condemns the violence in Northern Ireland; (2) urges U.S. citizens to refrain from any action which contributes to the violence there; (3) urges an early political settlement there that secures the rights of both sides and that achieves Irish unity; (4) believes that a reconciliation can be found between the two Irish political traditions and between Britain and Ireland; and (5) requests the President to convey to Britain and to Ireland the desire of Americans for lasting peace in Northern Ireland.
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 · 16 March 1983
Age Discrimination in Employment Amendments of 1983 - Amends the Age Discrimination in Employment Act of 1967 to remove the existing 70-year upper age limit of the class to which the discrimination prohibitions apply, thus extending coverage to all individuals who are at least 40 years of age. Allows compulsory retirement of tenured faculty of an institution of higher learning until July 1, 1998. Delays the effect of this Act for employees under a collective bargaining contract until January 1, 1987, or the termination of such contract, if earlier.
United States · United States Congress · 16 March 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to extend the authorization of appropriations to the Hazardous Substance Response Trust Fund ("Response Trust Fund") for five additional years, through FY 1990. Provides that so much of the aggregate amount authorized to be appropriated from FY 1985 through 1989 as has not been appropriated before FY 1990 shall be added to the specified amount authorized to be appropriated for FY 1990. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Response Trust Fund. Extends the authority to collect taxes conferred by such Act through FY 1990. Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum.
United States · United States Congress · 15 March 1983
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 · 15 March 1983
Expresses the sense of the Senate that Anatoly Shcharansky should be released from prison in the Soviet Union and permitted to emigrate to Israel. Urges the President and the Secretary of State to express U.S. opposition to the imprisonment of Anatoly Shcharansky.
United States · United States Congress · 14 March 1983
Skilled Enlisted Reserve Training Act - Directs the Secretary of each military department to establish a skilled enlisted reserve training program to obtain adequate numbers of enlisted members with critical technical skills. Permits each Secretary to enter into agreements with a qualified person under which the Secretary agrees to provide educational assistance in a technical field in exchange for that person's agreement to perform either three or more years of active or six or more years of reserve service in the armed forces. Permits the Secretary to pay up to 100 percent of educational expenses and a monthly stipend. Sets forth eligibility requirements. Requires accepted members to complete basic training before beginning technical training. Sets forth the penalties for noncompletion of training, including possible reimbursement of educational assistance. Requires the Secretary concerned to approve the courses and educational institution before entering an agreement with a member. Permits the Secretary to provide assistance to educational institutions providing courses of training. Permits the Secretary to detail members for instructional and administrative duties at such institutions. Directs the President to make an annual report to Congress concerning such program. Authorizes appropriations.
United States · United States Congress · 14 March 1983
Undercover Operations Act of 1983 - Amends the Federal criminal code to authorize the Attorney General to allow law enforcement components of the Department of Justice to conduct undercover operations. Requires the Attorney General to issue, maintain and enforce guidelines governing undercover operations. States that such guidelines shall include: (1) the procedures to be followed to initiate, extend or terminate undercover operations; (2) the standards to be employed in such operations; and (3) the functions, powers and composition of the Undercover Operations Review Committee. Prescribes limitations on undercover operations. Creates standards for establishing the targets of investigations. Shifts the tort liability for negligent acts committed by government agents during the course of an undercover operation from the agent to the Federal government. Requires the Attorney General to report annually to the Judiciary Committees of the House and of the Senate on all undercover operations. Establishes a statutory entrapment defense.
United States · United States Congress · 11 March 1983
Health Promotion and Disease Prevention Amendments of 1983 - Amends the Public Health Service Act to replace the existing Office of Health Information, Health Promotion, and Physical Fitness and Sports Medicine (within the Office of the Assistant Secretary for Health of the Department of Health and Human Services) with an Office of Health Promotion, to be headed by a Director. Directs such Office to: (1) coordinate Department and private health information, promotion, and prevention services; (2) establish a national information clearinghouse; and (3) support projects, conduct research, and disseminate information relating to preventive medicine, health promotion, physical fitness and sports medicine. Authorizes appropriations through FY 1986. Repeals specified provisions regarding: (1) program models; (2) physical fitness grants; and (3) sports medicine (transferred under this Act). Directs the Secretary of Health and Human Services to make grants to academic health centers to establish Centers for Research and Demonstration of Health Promotion and Disease Prevention. Sets forth related operating provisions. Requires three such centers to be established in FY 1984, and five centers in each of the subsequent two fiscal years. Authorizes appropriations through FY 1986. Requires an annual health promotion and preventive medicine report to the appropriate congressional committees, with the first report due by January 1, 1984. Establishes an Assistant Director for Prevention position in the National Institutes of Health (NIH), to coordinate and promote NIH health promotion and disease prevention programs. Revises full-time student enrollment requirements for schools of public health seeking capitation grants to require that enrollment equal (presently must exceed) 1976 levels.
United States · United States Congress · 11 March 1983
Ocean and Coastal Development Impact Assistance Block Grant Act - Establishes the Ocean and Coastal Development Impact Assistance Fund in the Treasury. States that five percent of Outer Continental Shelf gas and oil lease revenues shall be used for such Fund. Provides block grants from such Fund to coastal States and territories for: (1) living marine resources; (2) coastal management planning and implementation; (3) energy impact assistance; (4) research, education, and natural resource management; and (5) capital infrastructure. Sets forth an allocation formula based upon oil or gas production, coastal population, shoreline, and bonus revenues. Establishes minimum and maximum grant amounts, with excess funds to be shared among those States eligible for additional amounts. Requires a State to give at least 40 percent of its grant money to local coastal communities. Directs the Secretary to establish by contract a National Coastal Resources Research and Development Institute to be administered in affiliation with the Oregon Institute of Marine Science. Provides monies for the Institute from the Ocean and Coastal Development Impact Assistance Fund. Requires: (1) the Secretary to conduct an ongoing evaluation of the Institute's activities; and (2) the Institute to report to the Secretary within two years, including recommendations for specified regional centers. States that employees of such Institute shall not be considered Federal employees. Provides for block grant audit and assessment.
United States · United States Congress · 11 March 1983
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to maintain a biological pesticide testing facility. Requires such facility to verify pesticide application data and conduct periodic compliance tests.
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 · 10 March 1983
Prohibits the Secretary of the Interior, with respect to specified submerged areas located in the Pacific Ocean off the California coastline and in the Atlantic Ocean off the Massachusetts coastline, from: (1) issuing any oil and gas lease; (2) granting any license or permit for any activity which both affects the areas and involves drilling for oil and gas; and (3) approving any exploration plan or any development and production plan which provides for such activities. Terminates the provisions of this Act of January 1, 2000.
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 Uniformed Services Survivor Benefits Amendments of 1980 to entitle to an annuity certain individuals who were widowed on or before September 21, 1972, and who are not covered by the Survivor Benefit Plan.
United States · United States Congress · 8 March 1983
Eliminates the social security offset against annuities provided under the Survivor Benefit Plan of the armed service when the benefits received are based on the annuitant's own employment.
United States · United States Congress · 8 March 1983
Expresses U.S. appreciation of Simon Bolivar and proclaims July 24, 1983 through July 23, 1984, the Bicentennial Year of the Birth of Simon Bolivar. Declares the intention of Congress to send a congressional delegation to Venezuela in July 1983 to observe such bicentennial and calls upon the Congressional Research Service in the Library of Congress to conduct a study on the impact of Simon Bolivar in the United States.
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 · 7 March 1983
Veterans' Educational Assistance Act of 1983 - Establishes a peacetime veterans' educational assistance program. Excludes graduates of service academies from eligibility for such assistance. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least two years to basic educational assistance. Entitles veterans of the Selected Reserve who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $300 for a full-time approved program of education. Permits the Secretary concerned to establish a higher rate of assistance, but not more than $600 a month, for individuals possessing a skill or specialty designated as being in critical shortage. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharge and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance. Requires that the Administrator receive a certificate of attendance from both the individual and the educational institution before paying the educational assistance allowance for any period. Allocates the administration and costs of such programs to the Veterans Administration, the Department of Transportation, and the Department of Defense. Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs. Establishes a Career Members' Supplemental Educational Assistance Program for veterans who have served on active duty for a period of more than ten years. Requires enrollees to participate in such program for at least 12 consecutive months except as specified by this Act. Requires participants to agree to a monthly deduction from their military pay as a contribution to such program for deposit in the Career Member's Dependents Education Account established in the Treasury. Provides for a refund of such contributions upon disenrollment, discharge, release, or death. Authorizes the Secretary to contribute to the fund account, in addition to matching funds, any amounts necessary to encourage persons to remain in the armed forces. Entitles each participant to 36 monthly benefit payments. Sets forth the formula for computing the amount of such payments. Permits eligible veterans to transfer any educational benefits to such veterans' spouse or children. Establishes a delimiting period of ten years after discharge or release for educational assistance benefits. Requires the Administrator of Veterans Affairs and the Secretary of Defense, within 90 days of enactment of this Act, to submit a joint report to the Congress on their respective plans for implementation of programs provided by this Act. Directs them to make annual reports on the operation of such programs thereafter. Directs the Administrator to deposit military pay deductions in the Fund and maintain accounts showing contributions by participants and the Secretary as well as disbursements. States that appropriations to carry out this program shall be considered as part of the Department of Defense budget. Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981. Directs the Secretary to report to Congress annually on the educational assistance program, including the number of participants from the Selected Reserve. Permits the Secretary concerned to grant an eligible member a leave of absence of not more than two years for such member to pursue a program of education. Sets forth the terms and conditions for such leave. Requires the Secretary concerned to provide individual predischarge counseling which includes a discussion of educational benefit entitlements. States that there shall be no increase in pay for members in pay grade E-1 in FY 1984 and 1985.
United States · United States Congress · 3 March 1983
Designates May 21, 1983, as National Andrei Sakharov Day. Authorizes and requests the President to: (1) call upon all nations to designate May 21, 1983, as National Andrei Sakharov Day; (2) urge the Soviet Union to permit the Sakharovs to freely choose their place of residence; and (3) direct the American delegation to the United Nations to introduce a resolution in the General Assembly calling upon that body to designate May 21, 1983, as International Andrei Sakharov Day.
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 · 2 March 1983
Amends the National Sea Grant College Program Act to authorize appropriations for FY 1984 through 1986. Extends authorizations of appropriations through FY 1986 for the sea grant international cooperative program.
United States · United States Congress · 2 March 1983
Provides that no charges shall be made under the Federal Power Act for the use of any interests in specified Federal lands within the Santee-Cooper hydroelectric project conveyed to the South Carolina Public Service Authority, if the head of the Federal agency conveying such lands advises the Federal Energy Regulatory Commission that it has received adequate consideration in lieu of annual charges.
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.
![Official portrait of Sen. Hollings, Ernest F. [D-SC]](https://www.congress.gov/img/member/h000725_200.jpg)