United States · United States Congress · 5 April 1983
Amends the Public Health Service Act to permit the Secretary of Health and Human Services, after consultation with the Director of the National Institutes of Health, the Commissioner of the Food and Drug Administration, or the Director of the Centers for Disease Control, to expedite grant applications for research on diseases or disorders that constitute a public health emergency. Requires reports to the appropriate congressional committees (within 90 days from the end of a fiscal year) regarding any such expedited research.
United States · United States Congress · 24 March 1983
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.
United States · United States Congress · 24 March 1983
Private Pension Reform Act of 1983 - 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 had 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.
United States · United States Congress · 24 March 1983
Animal Welfare in Research Study Act of 1983 - Directs the Secretary of Health and Human Services to arrange for the National Academy of Science, if willing, to conduct a study of the use of live animals in biomedical and behavioral research. Requires certain information from the study. Directs the Secretary to transmit a report concerning the study to specified congressional committees, and to make the report available to the public.
United States · United States Congress · 24 March 1983
Victim Compensation and Pollution Liability Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act ("the Superfund Act") to revise the definition of damages under such Act to include damages for economic loss or personal injury. Revises the definition of facility to include any site or area where a pollutant or contaminant has come to be located. Deletes provisions defining a "federally permitted release" for purposes of such Act. Includes under the definition of "hazardous substance" for Superfund Act purposes any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress. Applies a specified definition of "pollutant or contaminant" to the entire Superfund Act, rather than limiting such definition's application to provisions for response authorities. Revises liability provisions of the Superfund Act to include liability for all damages for economic loss or loss due to personal injury or loss of natural resources resulting from such a discharge, release, or disposal. Replaces provisions which limit liability on the basis of degree of fault with provisions for a "no-fault" compensation system. Sets forth provisions for liability for medical expenses. Permits a court to admit as relevant to the issue of causation evidence tending to establish that the hazardous substance in question causes or contributes to injury or disease of the sort claimed to have been suffered. Sets forth provisions relating to presumption of cause. Limits certain types of recovery from the Hazardous Substance Response Fund where damages or exposure occurred wholly before specified dates. Exempts the costs of relocation of residences and provisions of alternative water supplies from such limitation. Revises recovery provisions to authorize the enforcement or other application of the liabilities and responsibility of the Superfund Act both at law and equity. Provides that payment of any claims, whether by the Fund or by a party liable under the Superfund Act, shall be limited to those filed within six years of the time of discovery by a claimant of exposure, the resulting damage, and the causal relationship between the two. Revises provisions for uses of the Fund to include: (1) costs of expert witnesses and neutral expert panels in actions to recover damages; and (2) payment of specified claims by agricultural producers or processors or by harvesters or processors of fish or seafood. Prohibits delegation of specified authorities under the Superfund Act to any officer of a Federal agency with respect to a facility or release for which such agency is or may be responsible. Doubles the amount authorized to be appropriated to the Fund for FY 1984 and 1985. Extends such authorization of appropriations through 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 Fund. Extends through FY 1990 the authority to collect taxes conferred by the Superfund Act. Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum. Raises the amount which the unobligated balance in the Fund must exceed for such tax to be terminated before a specified date.
United States · United States Congress · 24 March 1983
Expresses the sense of Congress that the President should implement, within the United States, the objectives of the United Nations Decade for Disabled Persons (1983-1992).
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
Amends the Clayton Act to authorize the Attorney General of the United States or of any State to bring suit on behalf of the United States or such State or a political subdivision or citizen thereof to secure monetary relief for injury sustained by reason of a violation of antitrust law, regardless of whether the United States, State, political subdivision, or citizen has purchased directly from the defendant. Entitles the defendant in an antitrust action to prove as a partial or complete defense, in order to avoid duplicative liability, that some or all of the plaintiff's damages have been passed on to others who have standing to bring such an action.
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 · 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 · 21 March 1983
Soviet-Eastern European Research and Training Act of 1983 - Establishes the Soviet-Eastern European Research and Training Fund in the Treasury. Authorizes appropriations for the Fund. Establishes the Soviet-Eastern European Studies Oversight Committee. Sets forth the membership of the Committee. Requires that interest on obligations held in the Fund be available upon approval of the Committee for payments to the National Council for Soviet and East European Research (the Council), the Woodrow Wilson International Center for Scholars of the Smithsonian Institution (the Center), the International Research and Exchanges Board (the Board), and any other organization to carry out research and training in Soviet and Eastern European studies. Sets forth specific uses for such payments. Requires the National Council, the Center, and the Board to submit an application to the Committee each fiscal year. Authorizes any other organization to submit an application to the Committee. Sets forth requirements for such applications. Requires the Committee to approve expeditiously any application which meets such requirements. Provides that it shall be the duty of the Secretary of the Treasury to invest portions of the Fund not required for current withdrawal (in the determination of the Committee). Sets forth investment requirements for the Fund. Requires the Oversight Committee to prepare and submit a specified annual report to the President and to Congress concerning the Fund. Requires that the provisions of this Act terminate ten years after enactment.
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 · 15 March 1983
Health Care Cost Control Act of 1983 - Amends the Social Security Act by adding a new title XXI entitled "Control of Health's Escalating Costs." Prohibits, as a general rule, the total inpatient revenues of a hospital for any accounting period from exceeding the total inpatient revenues from the hospital's base accounting period by a percentage which is greater than the compounded sum of the percentage limits computed under such title for that accounting period and previous accounting periods of the hospital after the base accounting period. Sets forth the method for determining the percentage limitation. Provides, upon the request (and subsequent approval of such request) of an organization owning two or more hospitals in a State, that the limits under such title on total revenues shall be computed and applied in the aggregate for the organization's hospitals with the same accounting period in the State, rather than on each hospital. Prohibits a hospital from changing its admission practices in a manner which results in: (1) a significant reduction in patients who have no third-party coverage and who are unable to pay; (2) a significant reduction in admissions for which payment is (or is likely to be) less than the anticipated charges; (3) the refusal to admit patients who would be expected to require unusually costly care; or (4) the refusal to provide emergency services if the hospital provides such services. Prohibits the charges, the amount recognized as the reasonable charge under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of such Act, and the schedule of Medicaid (title XIX of the Act) payment of a person furnishing outpatient services or of a person furnishing physicians' services to an inpatient of a hospital or other medical institution from exceeding the customary charge, the amount recognized as the reasonable charge under part B of title XVIII, or the schedule of Medicaid payments, respectively, of the person for furnishing such service as established as of January 1, 1983, by a percentage greater than the applicable percentage (computed under this title) for the calendar quarter in which the service is furnished. Prohibits the average reimbursement payable per unit of service to a hospital by a cost payer for outpatient services from exceeding the average reimbursement payable to the hospital per unit of service by the cost payer as estimated as of January 1, 1983, by a percentage greater than the applicable percentage (computed under title XXI) for the calendar quarter in which the service is furnished. Sets forth the method for determining the applicable percentage. Directs the Secretary of Health and Human Services to provide for an analysis of the feasibility and desirability of providing for control of the inpatient costs of skilled nursing facilities and of intermediate care facilities. Sets forth civil penalties for a provider who exceeds the revenue limit and fails to deposit the excess in an escrow account. Requires a provider, in order to avoid a penalty for excess revenues, to establish an escrow account. Authorizes withdrawals if the provider's revenues fall below the applicable limit. Sets forth administrative and judicial review procedures for a provider adversely affected by an assessment. Prohibits reimbursement or payment under Medicare or Medicaid for services furnished by a provider exempted from cost control limits to the extent that the reimbursement or payment exceeds the limits. Authorizes a State to apply to administer the limitations imposed under title XXI with respect to services furnished by the State. Authorizes exemptions from cost control: (1) for demonstration purposes; or (2) for a State which has a hospital reimbursement control system. Increases the Federal medical assistance percentage by two percent for a State indicating an intention to submit a State health care cost control plan or administering a cost limitation program under title XXI. Authorizes a State to apply to the Secretary for the approval of a medical cost control plan for that State. Provides that in the case of any State with an approved plan: (1) the Secretary shall waive the requirements under Medicare for covered services furnished in that State; and (2) the Federal medical assistance percentage under the State's Medicaid program shall be increased by two percent. Requires a State plan to: (1) be administered in a manner that provides equitable treatment for all entities paying for covered health services, employees of hospitals, and patients receiving services; (2) provide required reports to the Secretary; and (3) permit health maintenance organizations (HMO'S) to negotiate lower rates for inpatient hospital services and other services. Authorizes a State plan to be mandatory or voluntary and to exempt hospitals and other persons from limits for demonstration purposes. Requires that the State plan apply to all payors and to at least 75 percent of all revenues or expenses for inpatient hospital services. Prohibits the amount of the total inpatient revenues from increasing at a rate greater than the permissible percentage increase based upon such amount determined for: (1) the previous year; (2) a typical year in the previous three years; or (3) the average of the previous three years. Directs the chief executive officer of a State to provide for the appointment of a panel consisting of seven members, with expertise in health care economics, to develop the methodology for establishing the permissible percentage increase. Requires the State plan to provide a procedure whereby, upon the request of a hospital, an adjustment can be made to the permissible percentage increase. Requires that the State plan: (1) provide for prospective payment of hospitals; (2) have a mechanism for providing fair hearings for hospitals aggrieved by determinations made under the plan; (3) assure that hospitals continue to meet Federal and State certification standards; and (4) provide assurances that hospital admission practices meet specified requirements. Requires the plan to provide for the development of schedules: (1) of maximum payment for outpatient services and for physicians' services furnished to inpatients; and (2) of maximum reimbursement for diagnostic laboratory and X-ray services. Requires the plan to provide for capitation payment to HMOs not in excess of the prevailing rates for comparable services of other providers. Provides that if a State does not have a State cost control plan for FY 1986, the Secretary shall publish a determination that either: (1) the cost limitation program shall apply; or (2) the Secretary shall establish and implement a cost control plan meeting the requirements of a State plan under title XXI. Requires Medicare assignment for physicians' services. Establishes an Advisory Committee on Health Care Technologies and Procedures to examine: (1) the appropriateness of the various interventions and conditions under which they are needed; (2) the safety and efficacy of alternative therapeutic and preventive regimens; and (3) the standards for availability and utilization of various technologies. Directs the Advisory Committee to report on whether or not payments should be made for such services. Sets forth definitions used in title XXI. Prohibits regulations determining reasonable cost from including any provision for specific recognition of a return on equity capital for certain proprietary facilities. Authorizes State demonstration projects which encourage the care of individuals who are chronically ill or severely disabled outside of institutions. Authorizes, in certain instances, the modification of demonstration project provisions so that a project need not maintain the rate of increase in Medicare hospital costs in a State below the national rate of increase in Medicare hospital costs.
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
Smoking Prevention Health and Education Act of 1983 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to inform the public of the health hazards of cigarettes through research, demonstration, and educational activities. Establishes an Interagency Committee on Smoking and Health to coordinate such Federal and private activities. Requires the Committee to meet at least four times a year. Directs the Secretary to report annually to Congress on the status of health and smoking in the United States. Makes it a misdemeanor (with maximum $10,000 fine) to manufacture, import, or package cigarettes without first filing a list of chemical additives (types and amounts) with the Secretary. States that such information shall be considered a trade secret. Requires the Secretary to report at least annually to Congress regarding cigarette additives and their health hazards. Amends the Federal Cigarette Labeling and Advertising Act to change existing label warning provisions to require cigarette packages to carry one of four specified warnings on a rotating basis according to Federal Trade Commission rules. Makes it unlawful to manufacture, import, or package cigarettes commercially without disclosing tar, nicotine, and carbon monoxide levels on the package.
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
Excludes from the gross income of employees of educational institutions, for income and employment tax purposes, the value of lodging provided to such employees which is located near their place of employment.
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 · 7 March 1983
Domestic Violence Prevention and Services Act - Authorizes the Secretary of Health and Human Services to make grants to States, local public agencies, and nonprofit organizations for projects designed to prevent domestic violence and to provide immediate shelter and other assistance for victims and dependents of victims of domestic violence. Sets forth conditions for receiving the formula grants, including that the State: (1) distribute funds to local public agencies and private nonprofit organizations for domestic violence programs and services; (2) distribute at least 70 percent of such funds to private nonprofit organizations and give special emphasis to supporting community-based projects; (3) set forth procedures to assure an equitable distribution of grants within the State; (4) designate a State agency to administer the domestic violence program and coordinate all such programs within the State; (5) set forth procedures to assure active citizen participation within the State; (6) provide assurances that any project funded will coordinate its activities with other State programs and be administered by appropriately trained personnel; and (7) comply with reporting requirements. Declares that the Secretary shall not disapprove any application except after notice of and opportunity for a hearing. Authorizes the Secretary to make grants to Indian tribes and intertribal organizations. Provides that such funds may not be used for direct payment to any victim of domestic violence or to a dependent of such victim, and that no income eligibility standard may be imposed for anyone seeking services under this Act. Limits the total amount of grants to any local program to $150,000 for not more than a three-year period. Limits the grant for any fiscal year to $50,000. Requires local public agencies and private organizations to provide the following shares of Federal funding: (1) 25 percent in the first year; (2) 33.33 percent the second year; and (3) 50 percent the third year. Requires that at least 75 percent of grants be distributed to entities providing immediate shelter and related assistance to victims. Authorizes the Secretary to make supplemental grants to States for: (1) administrative costs; (2) developing and implementing programs; (3) assuring active citizen participation; and (4) developing a media campaign. Provides that each State will be allotted at least $45,000 in formula grants and $7,500 in supplemental grants. Requires each State receiving assistance to submit detailed annual reports to the Secretary on the implementation of programs. Directs the Secretary to: (1) designate a director of programs carried out under this title; (2) establish a national information clearinghouse on domestic violence, in coordination with the child abuse clearinghouse; (3) make recommendations to Congress regarding domestic violence programs; and (4) obtain information on research relating to domestic violence. Directs the Secretary to make annual reports to Congress and to evaluate and report on the effectiveness of the programs no later than two years after funds are obligated. Sets forth confidentiality requirements with respect to records of persons assisted under this title. Establishes the Federal Interagency Council on Domestic Violence to assist the Secretary in coordinating Federal programs. Authorizes appropriations. Directs the Secretary to report to the President and Congress within 18 months of enactment on the nature and incidence of abuse of elderly individuals.
United States · United States Congress · 3 March 1983
Amends the Foreign Assistance Act of 1961 to provide that American military assistance may not be provided to El Salvador unless the President, after consulting with Congress, transmits to Congress a report stating that: (1) El Salvador has engaged in negotiations with all concerned parties to end the conflict there; or (2) El Salvador cannot proceed with such negotiations because specified parties are not willing to participate in the negotiation process. Provides that any unobligated funds allocated pursuant to this Act shall be: (1) used for development assistance projects in El Salvador; (2) used for aid for persons displaced by the strife; or (3) deposited in the U.S. Treasury. Permits the introduction of U.S. forces into EL Salvador to evacuate U.S. citizens or if there is a clear and present danger of attack upon the United States.
United States · United States Congress · 3 March 1983
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. 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, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office.
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
Authorizes the establishment of the Foundation for the Advancement of Military Medicine, a nonprofit corporation to promote teaching, research, academic activities, and medical care for the advancement of military medicine through cooperative efforts of the Foundation, the medical community, and the public. Requires the Foundation to report annually to the President and the Board of Regents of the Uniformed Services University of Health Sciences (University). Authorizes the University to contract with the Foundation for cooperative enterprises in medical research, consultation, and education. States that the Foundation shall not for any purpose be an agency or instrumentality of the U.S. Government.
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
Renewable Energy Employment Act - Title I: Jobs Training in Renewable Energy - Requires the Secretary of Labor to review all Federal job training or placement programs and to implement policies, procedures, and programs to develop a labor force skilled in energy conservation, weatherization of homes, and the use of renewable energy technology. Amends the Job Training Partnership Act to require the Secretary of Labor to administer employment and training programs for Native Americans to meet the specific energy conservation and renewable energy training needs peculiar to their situation. Requires that employment and training programs for veterans under such Act include renewable energy and energy conservation job training for veterans. Title II: Housing and Community Development Programs - Amends the Energy Conservation in Existing Buildings Act of 1976 to require the Secretary of Energy to maintain information on: (1) the areas to be served under the weatherization assistance program; (2) methods for providing priority assistance to elderly and severely handicapped low-income persons; (3) outreach activities with respect to such program; (4) labor plans; (5) policies to ensure that owners and renters are treated equitably; and (6) plans to ensure participation by Native Americans under such program. Requires the Secretary and the Director of the Community Services Administration to include in the annual report to the President and Congress on the weatherization program an evaluation of the effect of such program on energy conservation and employment. Authorizes appropriations for the weatherization program for FY 1984 and succeeding fiscal years. Amends the Housing and Community Development Act of 1974 to include the potential for local energy development, including energy conservation and renewable energy use, among the factors which must be taken into account by the standards issued by the Secretary of Housing and Urban Development for determining the eligibility of cities and urban counties for urban development action grants. Includes among the activities of Community Development Programs which are eligible for assistance under such Act those amounts spent for energy needs. Amends the Housing Act of 1949 to authorize the Secretary of Housing and Urban Development to make loans for energy conservation and renewable energy development or retrofit for housing in rural areas. Requires Federal agencies administering financial assistance programs for economic development or job creation to consider the development of energy conservation and renewable energy as significant criteria for the provision of such assistance. Title III: Promotion of Sustainable Agriculture - Amends the Consolidated Farm and Rural Development Act to include as non-fossil energy systems windmills, anaerobic digesters, alcohol distilleries, microhydroelectric generators, gasifiers, and solar heating systems. Requires the Secretary of Agriculture, in making loans to farmers and ranchers, to promote sustainable agriculture (a set of agricultural production practices which are designed to produce long term, sustainable yields of agricultural products, involve the use of renewable resources, and avoid the use of chemical products). Amends the Rural Development Act of 1972 to require that small farm extension programs assist small farm families in carrying out sustainable agriculture. Provides that sustainable agriculture extension programs shall consist of extension programs to provide farmers with assistance and current information with respect to sustainable agriculture. Permits all other persons in a State, in addition to universities and colleges in such State, to participate in agricultural research and extension programs. (Under current law, only universities and colleges in a State may participate in such programs.) Requires the Secretary of Agriculture, in carrying out the National Agricultural Research, Extension, and Teaching Policy Act of 1977, to ensure that adequate national support of extension, teaching, and agricultural research is provided to establish integrated multidisciplinary organic farming research projects. Requires the Secretary of Agriculture to report annually to Congress on sustainable agriculture in the United States.
United States · United States Congress · 28 February 1983
Renewable Energy Small Business Development Act of 1983 - Amends the Internal Revenue Code to extend the investment tax credit for renewable energy property from 1985 to 1990. Increases such credit for solar, wind, and geothermal property. Amends the Export-Import Bank Act of 1945 to require that not less than 12 percent of the loan authority of the Export-Import Bank shall be made available only to businesses with $25,000,000 or less in previous-year sales. Requires that a portion of such loan authority be made available for transactions involving renewable energy. Amends the Public Utility Regulatory Policies Act of 1978 to specify rules for the rates for purchase by electric utilities of electric energy from any qualifying cogeneration facility or qualifying small power production facility. Amends a specified reorganization plan to require the Department of Commerce to provide export assistance to businesses involving renewable energy. Amends the Small Business Innovation Act of 1982 to require that renewable energy and energy conservation businesses receive a reasonable portion of the Department of Energy's small business research and development funds.
United States · United States Congress · 28 February 1983
Renewable Energy National Security Act of 1983 - Requires the Secretary of a military department, when procuring energy systems, to procure systems that include energy-conserving equipment. Includes biofuels as a renewable form of energy for purposes of energy systems procurement by a military department. Requires the Secretary of Defense to provide for the use of biofuels in meeting Department of Defense energy needs to the extent feasible and consistent with overall defense needs. Requires the Secretary of Defense to encourage the use of energy-conserving devices and equipment in military construction projects, including family housing projects, where practical and economically feasible. Amends the Agricultural Act of 1949 to include spoiled and contaminated grains among the accumulated stocks of agricultural commodities which the Commodity Credit Corporation may process into liquid fuels. Authorizes the Corporation to provide for the storage of liquid fuels so processed for use by the agricultural sector during periods of fuel shortages. Requires the Corporation to provide for the processing of spoiled and contaminated commodities into liquid fuels before the processing of stocks of usable feedstock. Amends the Energy Policy and Conservation Act to require the Secretary of Energy to maintain a data base on the location of all stockpiles of renewable energy supplies and biofuels and of all renewable energy production facilities in the United States. Requires that such data be made available to Government departments and agencies upon request. Requires the Secretary of Defense to assess and report to the Armed Services Committees of the House of Representatives and the Senate on the feasibility of using mobile energy systems that use renewable energy as emergency backup energy systems at military installations.
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
Law Enforcement Officers Protection Act of 1983 - Establishes criminal penalties applicable to licensees under the Gun Control Act of 1968 who import, manufacture, or sell a "restricted handgun bullet," except as authorized by the Secretary of the Treasury. Establishes additional criminal penalties, including a mandatory minimum sentence of one year imprisonment, for: (1) using a restricted handgun bullet to commit a Federal felony; or (2) carrying a restricted handgun bullet unlawfully during commission of a Federal felony.
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 · 24 February 1983
Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 24 February 1983
Expresses the sense of the Congress that: (1) the Soviet Union should fulfill obligations undertaken in certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet fulfillment of internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 23 February 1983
United States Academy of Peace Act - Establishes the United States Academy of Peace as an independent nonprofit corporation. Permits the Academy to use "United States" or "U.S." or any other reference to the United States Government or Nation in its title, corporate seal, emblem, or other mark of recognition in any fiscal year only if there is an authorization of appropriations for the Academy for such fiscal year provided by law. Sets forth the powers and the duties of the Academy, including establishment of an Endowment of the United States Academy of Peace. Authorizes the Academy to establish: (1) a Center for International Peace; and (2) a United States Medal of Peace and other medals or honors. Authorizes the Academy to refuse research requests of Federal agencies for reason of cost or of inappropriateness to the Agency's purpose or independence. Prohibits the Academy from undertaking to influence the passage or defeat of any Federal, State, local, or United Nations legislation, but permits Academy personnel to testify or make other appropriate communication when formally requested to do so by a legislative body, committee, or member thereof. Provides for appointment of members of the Academy's Board of Directors. Sets forth grounds for removal of Board members. Permits Board meetings to be closed only in exceptional circumstances. Sets forth provisions for Academy officers, employees, procedures, and records. Provides that, with certain exceptions, the Academy shall not be considered a department, agency, or instrumentality of the Government. Prohibits the use of any political test or political qualification with respect to personnel actions of the Academy or financial assistance by the Academy. Authorizes appropriations in a specified amount for an Academy principal office capitalization fund. Authorizes appropriations in specified amounts for FY 1984 and 1985 for Academy programs and administration. Requires that Academy expenses in connection with the United States Medal of Peace or the accompanying cash award be paid out of the private funds of the Endowment. Restricts contract-making authority under this Act to the extent and amounts provided in appropriation Acts. Directs the Chairman of the Board of Directors of the Academy to report to the Congress and the President, beginning two years after the enactment of this Act and at two-year intervals thereafter. Directs the President to transmit to the Congress the recommendations of the appropriate Federal agencies with respect to such report and to any legislation concerning the Academy. Requires the appropriate congressional committees to hold hearings to review such report and recommendations.
![Official portrait of Sen. Kennedy, Edward M. [D-MA]](https://www.congress.gov/img/member/k000105_200.jpg)