United States · United States Congress · 12 April 1983
Expresses the sense of the Senate that May 8 through May 14, 1983, be designated as National Product Safety Week in commemoration of the tenth anniversary of the United States Consumer Product Safety Commission.
United States · United States Congress · 7 April 1983
Child Abuse Prevention and Treatment and Adoption Reform Act Amendments of 1983 - Amends the Child Abuse Prevention and Treatment Act to direct the Secretary of Health and Human Services, through the National Center on Child Abuse and Neglect, to include, in a study and investigation of the national incidence of child abuse and neglect, a determination of those incidents of child abuse and neglect which involve the denial of nutrition, medically indicated treatment, general care, or appropriate social services to infants at risk with life-threatening congenital impairments. Requires that the study's findings be submitted, with recommendations for administrative and legislative changes, to the Congress within two years after the effective date of this Act. Deletes outdated plan provisions. Directs the Secretary, in consultation with the Advisory Board on Child Abuse and Neglect, to provide technical assistance and training to States for development and implementation of procedures to be followed by appropriate agencies or individuals to insure that nutrition, medically indicated treatment, general care, and appropriate social services are provided to infants at risk with life-threatening congenital impairments. Requires that such procedures be in place throughout the State within two years after enactment of this Act, in order for a State to qualify for grants for child abuse and neglect prevention and treatment programs. Requires the establishment of procedures for any interested person to report to the appropriate authorities denial of such care or services. Extends through FY 1986 the authorization of appropriations under such Act for child abuse and neglect and sexual abuse of children prevention and treatment programs. Requires that a specified amount of such funds be used for grants to States for programs for prevention, identification, and treatment of sexual abuse of children. Directs the Advisory Board on Child Abuse and Neglect to assist the Secretary in coordinating adoption related activities of the Federal Government, including services to pregnant teenaged children considering adoption as a plan for their infants, services to couples experiencing infertility, adoption referral services for infants at risk with life-threatening congenital impairments, and services for children legally free for adoption and in need of adoptive homes. Makes technical and conforming amendments. Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to include pregnancy counseling, which presents adoption as a positive alternative, among those quality standards for adoption services to be promoted by the Department of Health and Human Services. Directs the Secretary of Health and Human Services to: (1) review all model adoption legislation and procedures developed or promulgated under such Act for the purpose of making appropriate changes to facilitate adoption opportunities for infants at risk with life-threatening congenital impairments; and (2) coordinate efforts to improve State legislation with national, State, and local child and family services, including organizations representative of minorities and adoptive families. Directs the Secretary, after consultation with other appropriate Federal departments and agencies, including the Bureau of the Census, to provide for the establishment and operation of a Federal adoption and foster care data-gathering and analysis system. Includes adoptive family groups and minority groups among those nonprofit organizations which may receive Federal contracts to provide technical assistance for adoption programs. Directs the Secretary to: (1) encourage involvement of corporations and small businesses in supporting adoption as a positive family-strengthening option, including the establishment of adoption benefit programs for employees who adopt children; and (2) continue to study the nature, scope, and effects of placement of children in adoptive homes by unlicensed and unregulated persons or agencies, including the legal status of surrogate parenting. Authorizes appropriations through FY 1985.
United States · United States Congress · 23 March 1983
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufacturers or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 21 March 1983
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 · 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 · 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 · 18 March 1983
Enterprise Zone Act of 1983 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 75 nominated areas per year (one-third of which must be in rural areas). Limits the period during which such designations shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (within a population of at least 50,000) or 1,000 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamling regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on June 30, 1986 or three years after the publication of regulations pertaining to such zones, whichever is later. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions, to include qualified businesses (as defined in Title II of this Act), to include governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 17 March 1983
Authorizes and requests the President to designate Monday, April 4, 1983, as Swedish-American Friendship Day, in order to commemorate the 200th anniversary of the signing of the Treaty of Amity between Sweden and the United States.
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 · 15 March 1983
Religious Speech Protection Act of 1983 - Prohibits federally funded public secondary schools which allow students to meet during noninstructional periods from discriminating against any meeting of students on the basis of religious content. Grants Federal jurisdiction to enforce this Act.
United States · United States Congress · 10 March 1983
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
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 3 March 1983
Makes crops grown on highly erodible land (as defined by this Act) that has not been farmed during the past ten years ineligible for specified agricultural assistance programs.
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 · 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
Columbia River Gorge Act of 1983 - Establishes the Columbia River Gorge Scenic Area as a unit of the national forest system. Extends the boundaries of the Mount Hood National Forest in Oregon and of the Gifford Pinchot National Forest in Washington State to include all the lands in their respective States lying within the Area which are not within their boundaries on the enactment of this Act. Provides that national forest system lands in Oregon which are within the Area shall be treated as components of the Mount Hood National Forest and national forest system lands in Washington which are within the Area shall be treated as components of the Gifford Pinchot National Forest for purposes of providing forest system revenues to a State or local government. Requires the Secretary of Agriculture to administer the Area and to provide all interested parties with an opportunity to participate in plans and programs for the management of the Area. Establishes in the Department of Agriculture the Columbia River Gorge Scenic Area Regional Commission, which shall be composed of members from both Oregon and Washington as well as the Chief of the Forest Service. Makes the Commission responsible for: (1) assisting the Chief of the Forest Service in the establishment of a management plan for the Area; (2) facilitating communication and coordination among the Federal, State, and local governmental agencies with jurisdiction within the Area and with residents and landowners within the Area; (3) reviewing and monitoring the implementation of the management plan by such governmental agencies; (4) reviewing all land acquisition proposals submitted by the Secretary in cases involving the potential use of eminent domain; (5) reviewing all Federal development projects within the Area for consistency with the management plan; and (6) preparing an annual report for the Secretary, Congress, and the Governors of Oregon and Washington on the status and implementation of the management plan. Requires the Chief of the Forest Service to prepare a management plan for the Area. Requires the Chief of the Forest Service to consult with the Commission and with State and local government authorities within the Area during preparation of the management plan. Authorizes the Secretary to provide financial and technical assistance to such authorities to carry out land use management activities. Directs the Secretary to incorporate State and local policies, management plans, standards, and requirements into the management plan and resolve any conflicts with the State and local authorities concerned. Requires that the management plan be submitted to the Commission for approval. Authorizes the Secretary to modify and resubmit any plan disapproved by the Commission. Authorizes the Secretary to adopt a resubmitted management plan without the Commission's approval. Permits requests for amendments to or variances from the management plan to be submitted to the Secretary. Prohibits the construction or modification of any facility in the critical portions of the Area before the Secretary's adoption of interim guidelines which shall govern all land use activities within the Area until the management plan is adopted. Requires that Federal activities within the Area be consistent with the interim guidelines and the management plan. Sets forth the procedure for the Secretary's approval of any such activities. Requires the Secretary to permit hunting and fishing on lands and waters under his or her jurisdiction within the Area. Directs the Secretary to monitor all land use activities within the Area prior to the adoption of the management plan to prevent violations of the interim land use guidelines. Requires local governments which have land use planning authority under State law and wish to enforce the management plan within the Area to submit to the Secretary and the Commission a land use plan consistent with the management plan. Requires the Secretary to approve or disapprove such a local plan within six months after its submission. Authorizes the Secretary to make annual grants to local governments to assist them in establishing such land use plans. Directs the Secretary to enforce the management plan if no approved local land use plan is in effect. Imposes criminal penalties for violations of regulations or orders issued pursuant to this Act. Authorizes the Attorney General, at the Secretary's request, to institute a civil action for an injunction or other order to prevent the use of lands in the Area in violation of the management plan. Provides for administrative and judicial review of such violations. Authorizes the Secretary to acquire lands classified as critical lands under the management plan without the owner's consent, unless, as of July 1, 1981, such lands were used primarily for single family residential purposes, farming, or grazing. Requires the Secretary to consider sale offers made by Area landowners. Authorizes the Secretary to acquire non-Federal lands within the Area by exchange. Provides that State lands may be acquired only by donation or exchange. Permits the transfer of Federal property within the Area to the Secretary without consideration. Requires that property thus acquired be: (1) transferred to the jurisdiction of the National Forest Service for inclusion in the national forest system; or (2) sold on terms to assure the use of such property in a manner consistent with the management plan. Authorizes appropriations. Makes appropriations from the Land and Water Conservation Fund available for land acquisition within the Area. Establishes an acquisition fund for land acquisition within the Area. Authorizes appropriations for the initial capital of the fund. Authorizes the Secretary to accept contributions which shall be credited to the fund. Authorizes the Secretary to make payments to local governments to mitigate property tax revenue losses resulting from Federal acquisition of real property within the Area. Limits the authority under this Act to enter into contracts or to make payments to the extent and the amounts provided in advance in appropriation Acts. Makes provisions of this Act which authorize new budget authority effective only for FY 1983 and thereafter.
United States · United States Congress · 28 February 1983
Expresses the sense of the Senate that the future of Taiwan should be settled in a manner acceptable to the people of Taiwan and consistent with the laws enacted by Congress and communiques entered into between the United States and the People's Republic of China.
United States · United States Congress · 24 February 1983
Radio Broadcasting to Cuba Act - Amends the Board for International Broadcasting Act of 1973 in order to authorize the Board to provide for radio broadcasting to Cuba. Authorizes the Board to carry out such broadcasting by means of grants, leases, contracts, or other necessary means. Requires such broadcasting to serve as an authoritative source of accurate, objective, and comprehensive news. Sets forth frequency requirements. Authorizes any U.S. agency or instrumentality to sell, lease, or grant property, and to provide administrative and technical support and services on a reimbursable basis at the request of the Board. Prohibits any grant under this Act to Radio Broadcasting to Cuba, Inc., unless such corporation's board of directors and the board of directors of the Board for International Broadcasting consist of the same persons making all major policy decisions for such corporation.
United States · United States Congress · 24 February 1983
Federal Meat and Poultry Products Inspection Act of 1982 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit distribution in interstate commerce of certain State-inspected meat and poultry products. Requires States to use official marks on meat and poultry products inspected under State law. Authorizes meat and poultry processing establishments to transfer from State to Federal inspection or vice versa on October 1 of each year upon the approval of the Secretary of Agriculture. Requires State-inspected products which are distributed in interstate commerce to meet Federal marking, labeling, packaging, and ingredient requirements.
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.
United States · United States Congress · 22 February 1983
National Institute of Arthritis and Musculoskeletal and Skin Diseases Act of 1983 - Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute (Institute) of Arthritis and Musculoskeletal and Skin Diseases in the National Institutes of Health (NIH). Redesignates the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases as the National Institute of Diabetes and Digestive and Kidney Diseases. States that the Institute shall conduct research and related activities concerning arthritis and musculoskeletal diseases, including sports-related disorders and skin diseases. Requires the Director of the Institute, with the advice of the National Arthritis and Musculoskeletal and Skin Diseases Advisory Council, to establish within 180 days a national plan to coordinate such activities. Requires an annual evaluation of the skin diseases programs. Establishes within the Institute: (1) the National Arthritis and Musculoskeletal and Skin Diseases Data System; and (2) the National Arthritis and Musculoskeletal and Skin Diseases Information Clearinghouse. Authorizes appropriations through FY 1986. Establishes within the Institute: (1) an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee; and (2) a Skin Diseases Interagency Coordinating Committee. Requires annual reports to the Secretary of Health and Human Services and to the Director of NIH. Establishes within the Institute a National Arthritis and Musculoskeletal and Skin Diseases Advisory Council. Authorizes appropriations through FY 1986 for arthritis and musculoskeletal demonstration projects and multipurpose disease centers. Requires the Institute to submit a biennial report. Transfers arthritis-related functions (including data system, advisory functions, coordinating functions, demonstration project, and multipurpose center), funds, personnel, and assets to the Institute from the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases. Requires the Secretary to report to the appropriate congressional committees and to the Comptroller General within 60 days regarding such transfers. Requires the Comptroller General to report to the appropriate congressional committees within 80 days regarding such transfers. Terminates the National Arthritis Advisory Board. Makes conforming amendments. Requires the Secretary, through NIH, to conduct a study of the existing combinations of disease research programs within the institutes and of the standards to be followed in establishing new or realigning existing institutes. Requires a report to the appropriate congressional committees within 18 months. Prohibits the establishment of any new institutes within six months of such report's submission. Directs the Secretary to conduct and complete within 60 days a review of the disease research programs of the National Institute of Diabetes and Digestive and Kidney Diseases (as redesignated by this Act) to determine if any of these programs could be more effectively managed by other national research institutions.
United States · United States Congress · 17 February 1983
Dairy Surplus Reduction Act of 1983 - Amends the Agricultural Act of 1949 to extend the present milk support price of $13.10 per hundredweight through September 30, 1985. Eliminates the additional April 1983 50-cent milk producer assessment (retains the October 1, 1982 assessment). Establishes a voluntary incentive program of payments of $10 per hundredweight to dairy farmers who reduce the quantity of milk marketed by between five and 30 percent of 1982 levels. Requires that one-half of the payments be made within 30 days after a reduction contract is entered and the remaining amount within 30 days after compliance with the contract has been determined. Requires a participant to return the initial payment plus 12 percent interest for contract noncompliance. Authorizes the Secretary to modify: (1) individual contracts to prevent overall excess reductions; and (2) individual 1982 bases if they were abnormally low as a result of natural or man-made disasters. Makes contracts assignable. Subjects a participant to a civil penalty (after a hearing of record) of up to $10,000 for specified contract violations (unauthorized transfer of dairy cattle and milk facilities). Provides for review of such penalty assessment in U.S. district courts. Terminates such program as of October 1, 1985.
United States · United States Congress · 17 February 1983
Payment In Kind Tax Clarification Act of 1983 - Amends the Internal Revenue Code to provide that for taxpayers who receive agricultural commodities under a Federal payment-in-kind program: (1) no income shall be treated as realized by receipt of such commodities; but; (2) any gain realized from the sale or exchange of such commodities shall be included in gross income and shall be treated as ordinary income. Sets forth rules for the tax treatment of commodities received under such a program involving repayment of Commodity Credit Corporation loans. Specifies that farmers participating in a payment- in-kind program do not forfeit eligibility for the special use valuation provisions for farm property. Specifies that tax-exempt farmers' cooperatives shall not forfeit tax-exempt status if such a cooperative markets any commodity received by, or on behalf of, a member participating in a payment-in-kind program.
United States · United States Congress · 16 February 1983
Directs that proceedings in the Senate Chamber be broadcast by radio and television: (1) in accordance with provisions of this resolution; (2) continuously when the Senate is in session (except when a closed door meeting is ordered); and (3) subject to certain provisions of the Standing Rules of the Senate pertaining to the Senate gallery. Requires that broadcasts be supervised and operated by the Senate and made available on a live basis and free of charge to specified entities. Requires the television broadcasts to follow the Presiding Officer and Senators who are recognized to speak. Directs the Architect of the Capitol to provide for the construction and acquisition of broadcasting facilities and equipment. Sets forth duties of the Sergeant at Arms and Doorkeeper of the Senate with respect to the operation and maintenance of such equipment and the disposition of audio and video tape recordings. Directs the Librarian of Congress and the Archivist of the United States to receive, store, and make such recordings available to the public at no cost for viewing or listening on the premises. Authorizes the charging of a fee equal to the cost involved through distribution of taped copies. Provides for a test period of Senate broadcasting equipment. Prohibits the use of tape duplications of broadcast coverage for political or commercial purposes. Requires that changes in regulations made by this resolution be made only by Senate resolution. Authorizes expenditures, limited to a specified amount, to carry out this resolution.
United States · United States Congress · 15 February 1983
Disability Amendments of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the termination of disability benefits on the grounds that the physical or mental impairment on which such benefits were based has ceased, did not exist, or is no longer disabling, unless the Secretary of Health and Human Services finds that the individual is significantly more able to engage in substantial gainful activity than at the time of the most recent decision that the individual was disabled. Exempts certain cases from the prohibition against termination of benefits, including cases where there is a finding of fraud. Directs the Secretary, in determining whether a person is disabled, to consider all evidence available in the person's case record and to develop a complete medical history of at least the preceding year. Requires that a preliminary disability decision by a State agency, or the Secretary, which is unfavorable to the disability benefit applicant contain a statement of the case with a discussion of the evidence, the basis for such decision, the right of the applicant to a review of the decision, and the right to submit additional medical evidence prior to such review. Requires the statement to be sent to the individual. Entitles the applicant or the applicant's spouse, former spouse, surviving spouse, surviving divorced mother, child or parent to a review of the preliminary decision (including the right to make a personal appearance and submit additional medical evidence), upon a showing that his or her rights may be prejudiced by such decision and upon timely request. Sets forth the procedural requirements for a review of a preliminary disability decision. Provides that a preliminary disability decision may be affirmed, modified, or reversed on the basis of the review. Authorizes the State agency which made the initial disability determination to make any new disability determination required during review of the case after notification to the Secretary and in accordance with the rules governing such determinations. Requires that a decision by the Secretary after review which is unfavorable to the individual requesting the review contain a statement of the case which shall be sent to the individual. Requires the statement to contain a discussion of the evidence, the reasons for the decision, the right of the individual to a hearing, and the right to submit additional medical evidence before the hearing. Requires that individuals requesting a review be informed of the requirements under this Act and of their right to representation at the review. Provides for reasonable notice and opportunity for a hearing for disability benefit applicants who show that their rights may be prejudiced by a decision after review. Provides that the hearing decision may affirm, modify, or reverse the Secretary's findings of fact and the decision after review. Requires the Secretary to prescribe a period of time after hearing decisions during which the Secretary, upon his or her own motion or at the request of the individual who requested the hearing, may review the hearing decision and affirm, modify, or reverse it. Makes such a review the final review of the decision. Provides that the decision shall be considered final if it is not so reviewed. Requires the Secretary to notify the individual involved with respect to a case where the Secretary initiates a review. Provides that an application for disability benefits filed before the first month in which the applicant satisfies the requirements for such benefits shall be considered valid only if: (1) the applicant satisfies such requirements before the Secretary makes a final decision on the application and no request for review has been made; or (2) the applicant satisfies such requirements before a decision on review is made in any case where review is requested. Requires that hearings on disability decisions after review be conducted on the record. Subjects such hearings to Federal law governing administrative hearings. Requires the Secretary to appoint administrative law judges to conduct such hearings. Entitles any individual who is dissatisfied with the final hearing decision to judicial review of that decision. Entitles an individual who shows that his or her rights may be prejudiced by a determination with respect to his or her continuing eligibility for disability benefits to the same type of review and hearing as is permitted in the case of an initial disability determination. Repeals the provision of title II covering suspension of benefits based on disability. Repeals the current provision covering reconsiderations of terminations of disability benefits. Specifies the cases with respect to which State agencies may make new disability determinations for purposes of review under this Act. Permits an individual who has been found to be no longer eligible for disability benefits, and who has requested a hearing on such determination, to elect to have the payment of such benefits continued during the period of appeal. Provides that if the decision upon appeal affirms the determination that the individual is not entitled to such benefits, any benefits paid pursuant to such election shall be considered overpayments. Requires the Secretary to provide uniform standards which shall be applied at all levels of disability determinations. Provides that except in certain cases, if an individual has been found to be no longer eligible for disability benefits, the termination month for such benefits shall be the month in which: (1) a decision affirming such benefit termination has been made after review of the preliminary decision to this Act; or (2) the time for requesting such a review has expired. Sets forth evidentiary requirements with respect to disability determinations. Requires the Secretary, if a U.S. Court of Appeals issues an opinion requiring the Department of Health and Human Services to apply a provision of the Social Security Act in a manner different from the manner in which such provision is generally carried out, to request review of the decision by the Supreme Court or to acquiesce in such decision with respect to all beneficiaries.
United States · United States Congress · 3 February 1983
Amends the Federal criminal code to establish penalties for taking or attempting to take property by force, violence, or intimidation from either a pharmacy or a person registered with the Drug Enforcement Administration. Increases the penalties if any person's life is endangered by use of a dangerous weapon or if any person is assaulted or killed during the commission of such offense. Directs the Attorney General to report to Congress on the enforcement of this Act.
United States · United States Congress · 3 February 1983
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 · 3 February 1983
Equal Access to Voting Rights Act - Directs the Attorney General to promulgate guidelines to assure that registration and polling place facilities used for Federal elections are readily accessible to handicapped and elderly individuals. Sets forth minimum requirements for these guidelines. Requires States to make available registration and voting aids for handicapped and elderly individuals in Federal elections. Authorizes the Attorney General and aggrieved persons to bring actions in Federal court to enforce this Act.
United States · United States Congress · 3 February 1983
National Heritage Resource Act of 1983 - Amends the Internal Revenue Code to allow creators of artistic properties an income tax deduction for the current fair market value of literary, musical, or artistic compositions which they contribute to charitable organizations. Requires: (1) that the artistic property be created by the taxpayer at least one year prior to the time of such contribution; (2) that the fair market value of such property be appraised within one year of the date of contribution; and (3) that the donee of such property show that the use of the property will be related to the charitable purpose or function of his organization. Denies a fair market value deduction for contributions of any letter, memorandum or similar property produced by a Federal or State employee which arose out of the performance of such employee's official duties. Exempts such fair market value deduction from the application of the minimum tax.
United States · United States Congress · 3 February 1983
Expresses the sense of the Senate that the President should propose to the Soviet Union immediate adherence by both countries to the principle of a guaranteed strategic build-down of nuclear forces, subject to agreed upon procedures of verification and compliance.
United States · United States Congress · 1 February 1983
Heavy Vehicle Use Tax Adjustment Act of 1983 - Amends the Internal Revenue Code to revise the highway use tax on highway motor vehicles with a taxable gross weight of 33,000 pounds or more. Sets forth tax rates based on gross weight to be phased in over three years from 1984 to 1986 and thereafter. Reduces the maximum possible tax from $1,900 per year to $1,200 per year. Provides for the refundability of any use tax in cases where a motor vehicle on which such tax has been paid is sold, traded, or otherwise disposed of before the close of the taxable period.
United States · United States Congress · 27 January 1983
Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community, or for deportation or exclusion purposes. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated; or (5) upon motion that a serious risk of flight or obstruction of justice exists. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Directs the Attorney General to promulgate regulations governing custody of persons detained pending trial. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions.
United States · United States Congress · 27 January 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury, fear of injury or death results, or if a governmental or commercial recall occurs.
United States · United States Congress · 27 January 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions which require the withholding of tax on interest and dividends. Requires taxpayers to file information returns and statements on the interest, dividends, and patronage dividends they receive.
United States · United States Congress · 26 January 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code to permit the continued issuance of mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 26 January 1983
Acid Deposition Control Act - Amends title I of the Clean Air Act (Air Pollution Prevention and Control) to establish a new program (Interstate Transport and Acid Precursor Reduction) to: (1) regulate the long-range transport of pollutants and their transformation products; and (2) reduce acid compounds, and their precursors, in the atmosphere. Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Directs the Administrator of the Environmental Protection Agency to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results to Congress within two years. Prohibits the increase of emissions of sulfur dioxide and of oxides of nitrogen from stationary sources in the acid deposition impact region over such total actual emissions there as of January 1, 1981. Prohibits any major stationary source in the region from significantly increasing such emissions, unless a not otherwise required net reduction of such regional pollution, in excess of the proposed increase, has been identified. Requires a ten-year phased reduction in annual emissions of sulfur dioxide in the region of 10,000,000 tons from the total 1980 level. Requires each State to achieve reductions in annual sulfur dioxide emissions according to a formula based on each State's share of utility emissions in the region. Permits State Governors to agree to reallot the required reductions. Requires each State in the region to adopt, within two years, enforcement measures to achieve such reduction. Directs the Administrator to approve such measures within four months if specified criteria are met. Sets forth a uniform sulfur dioxide emission limit for fossil-fuel-burning electric generating facilities (which are major stationary sources not subject to new performance standards) in any State that has not adopted, or has not had approved, such enforcement measures by such deadlines. Requires that owners or operators of such sources: (1) submit an approvable reduction plan and schedule within three years of enactment of this Act; (2) comply with such plan and schedule; and (3) achieve the required emission reduction at the earliest practicable date, but no later than ten years after enactment of this Act. Specifies methods or programs for enforceable net emission reduction that may be used by a State or the owner or operator of a source. Permits a State or owner or operator to substitute reduction in emissions of oxides of nitrogen for required sulfur dioxide emissions reductions, at a specified rate. Adds to State implementation plan requirements a prohibition of stationary source air pollutant emissions in amounts that will contribute to atmospheric loadings of pollutants or their transformation products so as to adversely affect public health or welfare or the environment in any other State or foreign country.
United States · United States Congress · 26 January 1983
Product Liability Act - Preempts State product liability laws. States that this Act governs any civil action for harm caused by a product which would have been based on: (1) strict or absolute liability in tort; (2) negligence or gross negligence; (3) breach of express or implied warranty and; (4) failure to discharge a duty to warn or instruct. Makes a manufacturer liable if the claimant establishes by a preponderance of the evidence that a product was unreasonably dangerous: (1) in construction or design; (2) because the manufacturer failed to provide adequate warnings of danger; or (3) because the product did not conform to an express warranty. Specifies the requisite findings which must be made for such proof of unreasonable danger to be determined. Subjects a product seller to liability if the claimant proves by a preponderance of the evidence that the claimant's harm was proximately caused by such seller's failure to use reasonable care with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including misuse, alteration or modification of a product. Specifies the manner in which damages are to be apportioned. Requires that damages in any product liability claim be reduced by an amount paid as workers' compensation benefits. Precribes a statute of limitation for recovery. Allows punitive damages to be awarded if the claimant proves by clear and convincing evidence that the harm suffered was the result of the product manufacturer's or sellers's reckless disregard for the safety of product users, consumers, or others who might be harmed by the product. Provides that evidence of corrective measures taken by a product seller after a harm has occurred would not be admissible in court to prove liability.
United States · United States Congress · 26 January 1983
Shipping Act of 1983 - Makes this Act applicable to agreements by or among ocean common carriers to: (1) discuss, fix, and regulate rates, accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, net losses, or net profits; (3) allot ports or regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or marine terminal operators or non- vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) consult and confer with shippers and shippers' councils regarding general rate levels, charges, classifications, rules, practices, or services. Makes this Act applicable to agreements among marine terminal operators, and among such operators and ocean common carriers to: (1) discuss, fix, and regulate rates and other conditions of service; (2) pool or apportion earnings, losses, or traffic; and (3) engage in exclusive, preferential, or cooperative working arrangements. Allows shippers to establish shippers' councils to: (1) mutually consult and exchange information or views regarding rates, charges, classifications, rules, practices, or services; (2) agree upon common positions; (3) consult and confer with ocean common carriers or conferences regarding rate levels, charges, classifications, rules, practices, or services; and (4) consolidate cargo and negotiate time/volume and service contracts with ocean common carriers. Requires that a copy of every applicable agreement be filed with the Federal Maritime Commission, except transportation performance agreements within or between foreign countries. Sets forth requirements for contents of conference agreements (including conferences utilizing loyalty contracts), interconference agreements, shippers' council agreements, and assessment agreements. Describes criteria by which the Commission shall suspend, cancel, or modify such agreements. Authorizes ocean common carriers or conferences engaged in foreign commerce to use loyalty contracts according to specified requirements. Exempts certain agreements, contracts, and activities from the antitrust laws. Directs ocean common carriers and conferences to file with the Commission, and keep open to public inspection, tariffs showing all rates between all points on each carrier's routes. Sets forth procedures for rate changes and refunds of rate charges. Authorizes the use of time/volume rates. Authorizes ocean common carriers or conferences to enter into service contracts with individual shippers or with a shippers council. Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards against which such rates shall be disapproved. Provides for Presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier. Exempts specified types of foreign carriers from the provisions of this Act. Requires that ocean freight forwarders be licensed by the Commission. Sets forth circumstances under which ocean freight forwarders may be compensated by common carriers. Sets forth prohibited acts for common carriers, conferences, ocean freight forwarders, and marine terminal operators. Prohibits specified concerted actions. Describes procedures for the investigation and adjudication of complaints alleging a violation of this Act. Sets forth civil penalties for such violations. Declares that orders of the Commission relating to any violation of this Act shall remain in effect for the period of time specified in such order unless suspended, modified, or set aside by the Commission or a court of competent jurisdiction. Authorizes the Commission or the injured party to seek injunctive relief in the appropriate United States district court for the enforcement of Commission orders. Authorizes the Commission to require reports and certificates from persons or entities governed by provisions of this Act. Permits the Commission to exempt any specified activity or class of agreements from provisions of this Act.
United States · United States Congress · 26 January 1983
Reciprocal Trade and Investment Act of 1982 - Amends the Trade Act of 1974 to set forth provisions dealing with foreign trade barriers. Directs the United States Trade Representative (USTR), through the interagency trade organization established pursuant to the Trade Expansion Act of 1962, to identify, analyze, and estimate the impact of practices that constitute significant barriers to or distortions of: (1) U.S. export of goods or services; and (2) foreign direct investment by U.S. persons, especially if it has implications for trade in goods or services. Sets forth factors to be considered by the USTR in such analysis. Directs the USTR to update the analysis annually. Directs the USTR to submit the analysis to the appropriate congressional committees. Requires the report to include any action taken to eliminate such trade barriers. Directs the USTR to consult with Congress on trade policy priorities. Directs Federal agencies to furnish information and other assistance to prepare such analysis. Authorizes the President to respond to a foreign entity's unfair trade practices by taking action with respect to any goods or sector of such entity without regard to whether the goods or sector were involved in the unfair trade practice. (Current law provides that the President may take action against the products or services of the foreign entity.) Authorizes the President to propose legislation to protect U.S. trade rights or to eliminate unfair trade practices. Requires such legislative proposals to be given priority treatment. Requires a summary of a petition for a trade investigation by the USTR to be published in the Federal Register (currently, the entire petition must be published) if the USTR decides to begin an investigation with respect to the issues raised by the petition. Authorizes the USTR to initiate an investigation in order to advise the President concerning the exercise of the President's authority to take action against unfair trade practices. Directs the USTR to consult with the appropriate congressional committees before beginning such an investigation. Authorizes the USTR to delay for up to 90 days any request for consultation by a foreign entity concerning a petition for investigation into unfair trade practices. Directs the USTR to publish notice of the delay in the Federal Register and to report to Congress the reasons for the delay. Changes the definition of "commerce" for purposes of foreign trade investigations to include: (1) services associated with international trade, whether or not related to specific goods (currently products); and (2) foreign direct investment by U.S. persons with implications for trade in goods or services. Defines "unreasonable", "unjustifiable", and "discriminatory" for purposes of such investigations. Prohibits making information which the USTR has received in a trade investigation available to the public, if: (1) the person who provided the information makes a specified certification; (2) the USTR determines that such certification is well-founded; and (3) the person providing the information provides an adequate nonconfidential summary. Authorizes the USTR to use the information in trade investigations or to make it available to the public in a form which cannot identify the person providing the information. Sets forth the principal U.S. negotiating objectives with respect to trade in services, foreign direct investment, and high technology products. Directs the USTR to develop and coordinate the implementation of U.S. policies concerning trade in services. Requires Federal agencies responsible for regulating any service sector industry to advise and work with the USTR concerning: (1) the treatment afforded U.S. services sector interest in foreign markets; or (2) allegations of unfair practices by foreign governments or companies in a service sector. Authorizes the Secretary of Commerce to establish a service industries development program. Sets forth the goals of the program. Expresses the policy of the Congress that the President shall: (1) consult with State governments on trade policy issues affecting the regulatory authority on non-Federal governments or their procurement of goods and services; and (2) establish one or more intergovernmental policy advisory committees on trade. Authorizes the President to establish policy advisory committees representing non-Federal governmental interests to provide policy advice on trade negotiating objectives, bargaining positions, and the implementation of trade agreements. Authorizes the President to negotiate to reduce trade barriers in foreign direct investment by U.S. persons, especially if such investment has implications for trade in goods and services. Authorizes the President to enter into agreements concerning high technology industries. Authorizes the President to proclaim the modification, elimination or continuance of any existing duty, duty-free, excise treatment, or other additional duties with respect to specified high technology products listed in the U.S. Tariff Schedules. Provides for the termination of this authority five years after the enactment of this Act.
United States · United States Congress · 26 January 1983
Retirement Equity Act of 1983 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to lower the age limitation for participation in a qualified retirement plan from 25 to 21. Allows a limited amount of maternity or paternity leave to be taken by an individual without being treated as a break in service for purposes of computing creditable service towards retirement benefits. Requires spousal consent in order for a retirement plan participant to elect not to take a joint and survivor annuity. Requires that such consent must be in writing and must be witnessed by either a plan representative or a notary public. 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's domestic relations law. Requires the continuation of benefits to a surviving former spouse in cases where payments of joint and survivor benefits began prior to a divorce. Sets forth requirements relating to the method of distribution of divorce distributions. Sets forth rules for the tax treatment of divorce distributions. Increases the allowable mandatory distributions from a retirement plan from $1,750 to $3,500. Requires that a plan participant must be notified that benefits may be forfeitable if the participant dies before a certain date.
![Official portrait of Sen. Kasten, Robert W., Jr. [R-WI]](https://www.congress.gov/img/member/k000019_200.jpg)