United States · United States Congress · 10 May 1983
Expresses the sense of the Senate that Taiwan should remain a full member of the Asian Development Bank, irrespective of the issue of the People's Republic of China's application to such bank. Declares that the President and the Secretary of State should express U.S. support for Taiwan.
United States · United States Congress · 9 May 1983
Child Protection Act of 1983 - Amends the Federal criminal code dealing with the sexual exploitation of children. Prohibits the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene" and transferred without a sale. Increases the penalties for violation of this section. Redefines "minor" as any person under the age of 18.
United States · United States Congress · 6 May 1983
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial. Authorizes appropriations for site acquisition and preparation in the event nonpublic land is selected for the memorial.
United States · United States Congress · 2 May 1983
Decreases from 60 to 20 percent disabling the degree of deafness at which a veteran suffering from service-connected total blindness must be rated to qualify for additional disability compensation.
United States · United States Congress · 2 May 1983
States that: (1) Congress rejects President Reagan's proposals for Medicare cuts in his 1984 budget because they put an unfair burden on beneficiaries; and (2) the appropriate committees in both the Senate and House of Representatives should study and make recommendations concerning how the solvency of the Medicare program can be assured by constraining medical care costs and making other changes affecting the program.
United States · United States Congress · 28 April 1983
Title I: National Inland Waterways Urgent Improvement Act of 1983 - Directs the Secretary of the Army, acting through the Chief of Engineers, to replace the Gallipolis locks, Ohio River, Ohio and West Virginia, according to specified recommendations. Directs the Secretary to mitigate fish and wildlife habitat losses resulting from such construction by purchasing, at Federal expense, specified land. Authorizes the Secretary to transfer such land to the State of West Virginia for operation and maintenance. Authorizes the Secretary, acting through the Chief of Engineers, to construct a specified multipurpose lock and dam project to replace the William Bacon Oliver lock and dam, Black Warrior River, Alabama. Amends Federal law to authorize the Secretary to construct a new lock at the Bonneville lock and dam project, Oregon and Washington, according to a certain Chief of Engineers' report. Directs the Secretary to construct: (1) a lock and dam (to be called Grays Landing) to replace lock and dam numbered 7, Monongahela River, Pennsylvania; and (2) a lock and abutment (to be called Point Marion lock) to replace the lock and abutment at lock and dam numbered 8, Monongahela River, Pennsylvania. Requires construction of such projects to be carried out according to specified recommendations. Authorizes the Secretary to replace the Winfield locks on the Kanawha River, West Virginia. Establishes procedures for the submission of final environmental impact statements to Congress for the navigation projects authorized by this title. Sets forth related judicial review procedures. Authorizes appropriations. Title II: Upper Mississippi River System Management Act - Grants congressional approval of the Comprehensive Master Plan for the Management of the Upper Mississippi River System as a guide for future water policy on such system. Defines the Upper Mississippi River System as those river reaches having commercial navigation channels on certain rivers in Illinois, Minnesota, and Wisconsin. Grants congressional consent to Illinois, Iowa, Minnesota, Missouri, and Wisconsin (or any two or more of such States) to: (1) enter into agreements for cooperative effort and mutual assistance in the planning for the use, protection, growth, and development of the System; and (2) form agencies for effecting such agreements. Authorizes officers or employees of the United States, who are responsible for management of any part of the System, to assist such agencies. Authorizes the Secretary of the Army, acting through the Chief of Engineers, to provide for the engineering, design, and construction of a second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri. Authorizes appropriations. Directs the Secretary to monitor traffic movements on the System to verify the need for future capacity expansion of the System and the future need for river rehabilitation and environmental enhancement. Authorizes appropriations. Authorizes the Secretary of the Interior, in concert with any appropriate State agency, to undertake with respect to the System: (1) a habitat rehabilitation and enhancement program; (2) the implementation of a long-term resource monitoring program; and (3) the implementation of a computerized inventory and analysis system. Authorizes appropriations. Authorizes the Secretary of the Interior to implement a program of recreational projects for the System and to assess the economic benefits generated by recreational activities in the System. Authorizes appropriations. Declares that the Master Plan for the System has reasonably complied with the provisions of the National Environmental Policy Act of 1969.
United States · United States Congress · 27 April 1983
Health Care for Unemployed Workers Act of 1983 - Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services to make grants to States to provide health insurance or health care benefits to eligible unemployed workers. Authorizes appropriations for FY 1983 through 1986. Bases State allotments on specified categories of unemployed persons. Permits reallotment of unused funds among States. Permits States to charge participants (premiums and deductibles) up to five percent of their unemployment compensation. Requires participating States to submit an annual application, with required public hearings on funds use and distribution after the first year of participation. Permits States to design such health programs but specifies certain program requirements. Requires an annual report to the Secretary. Provides grants to hospitals and health care facilities serving medically underserved populations or areas of high unemployment. Authorizes appropriations for FY 1984 through 1986. Requires the Secretary to report to Congress regarding participating facilities by December 31, 1984. Requires private and public employer-provided health plans to contain an open enrollment period of at least 30 days for spouses of unemployed workers. Exempts from such requirement plans of employers who employ less than 25 employees. Provides civil penalties for noncompliance and specified PHSA fund-cutoffs for State noncompliance.
United States · United States Congress · 26 April 1983
Requires the Secretary of Health and Human Services to revise: (1) the criteria under the category "Mental Disorders" in the "Listing of Impairments" in effect under part 404 of title 20 of the Code of Federal Regulations which are used to make individualized determinations of disability for purposes of determining eligibility for disability benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act; and (2) the methods and procedures for assessing the residual functional capacity of individuals having mental impairments. Requires the Secretary to appoint a panel of outside experts to make recommendations with respect to such revisions. Prohibits the Social Security Administration from carrying out continuing eligibility reviews with respect to individuals previously determined to be under a disability due to mental impairment until such revisions have been established by final regulation. Makes such prohibition inapplicable in any case involving fraud or where an individual is engaged in substantial gainful activity. Sets forth requirements for the redetermination of disability determinations made after the enactment of this Act and before the date on which the Secretary's revisions are established by final regulation. Amends titles II and XVI (Supplemental Security Income) of the Social Security Act to require that a qualified psychiatrist or psychologist complete the medical portion of the sequential evaluation and residual functional capacity assessment in cases where an individual alleges to be under a disability due to a severe mental impairment.
United States · United States Congress · 21 April 1983
Legal Services Corporation Act Amendments of 1983 - Requires appointees to the Legal Services Corporation's Board of Directors (the Board) to: (1) support the principle of providing low-income individuals equal access under the law to comprehensive legal services; (2) have participated in organizations concerned with providing legal services to the poor; or (3) have directly provided such services themselves. States that eligible client nominees to the Board must have been eligible to receive legal assistance under this Act before such nomination. Sets quorum requirements for Board meetings. States that six Board members, including at least one eligible client member, shall constitute a quorum at Board meetings. Delineates conditions under which action suits may be brought against government entities. Directs the Corporation to: (1) provide funds each fiscal year to compensate private attorneys who render legal services to eligible clients; and (2) allow recipients to use Corporation funds to pay for communications intended to influence decisions by government entities or elected officials when such communications are made in response to requests by such entities or officials. Repeals authority for a comprehensive, independent study to determine: (1) alternative methods of delivering legal services; and (2) if specified groups have difficulty gaining access to legal services. Authorizes appropriations for FY 1984 through FY 1986. Sets forth formulae to insure that funding for current grantees and contractors is maintained at previous fiscal year levels whenever the Board contains fewer than six members qualified as required by this Act.
United States · United States Congress · 20 April 1983
Highway Safety Act of 1983 - Title I: Automotive Safety Improvement Act of 1983 - Amends the Motor Vehicle Information and Cost Savings Act to prescribe bumper standards for passenger motor vehicles manufactured or imported after September 1, 1984. Directs the Secretary of Transportation to reopen rulemaking proceedings to implement the Federal motor vehicle safety standard on side impact protection. Requires the issuance of final regulations on such standard by July 1, 1984. Requires the Secretary to make grants to States which have in effect a law requiring the use of child safety seats which meet the requirements of a specified safety standard. Authorizes appropriations out of the Highway Trust Fund for FY 1984 through 1985. Amends the National Traffic and Motor Vehicles Safety Act of 1966 to require manufacturers of passenger automobiles to install airbags in such automobiles manufactured on or after September 1, 1985. Directs the Secretary to amend a specified safety standard to require automobile manufacturers to install antilacerative windshields in all passenger automobiles manufactured on or after September 1, 1984. Requires the Secretary to report to Congress by September 30, 1984, on the results of a study of crash protection for truck occupants, including potential performance standards for truck manufacturers. Authorizes appropriations for FY 1984 for such study. Directs the Secretary to amend a specified safety standard to require manufacturers to equip passenger automobiles manufactured on or after September 1, 1984, with a high-mounted rear stoplamp. Requires the Secretary to promulgate a safety standard establishing passenger automobile crashworthiness rating and labeling requirements for such automobiles manufactured on or after September 1, 1984. Requires the Secretary to require automobile dealers to make available to prospective purchasers data comparing the crashworthiness of passenger automobiles. Directs the Department of Transportation to study the effectiveness of existing regulations on emergency warning devices required to be carried on buses, trucks, truck tractors, and motor-driven vehicles which are involved in emergency situations. Requires such study to investigate the potential costs and benefits of requiring passenger automobile operators to carry emergency warning devices and to examine the benefits of warning devices in enhancing highway safety. Authorizes appropriations for FY 1984 for such study. Title II: Drunk and Drugged Driving Prevention Act of 1983 - Includes under the alcohol traffic safety program traffic safety problems resulting from persons driving under the influence of drugs. Directs the Secretary to establish criteria for rehabilitation and treatment programs for persons arrested and convicted of driving while under the influence of drugs. Directs the Secretary to make grants to a State to enforce alcohol traffic safety programs if such State has in effect a law which: (1) sets the minimum legal drinking age at 21 years of age; and (2) provides for the penalty of misdemeanor for certain persons who supply alcoholic beverages to individuals under 21 years of age or to individuals who appear to be intoxicated. Authorizes appropriations out of the Highway Trust Fund for FY 1984 and 1985 for such grant program. Directs the Secretary to make grants to States which implement accident-reduction projects using computerized safety recordkeeping systems. Authorizes appropriations out of the Highway Trust Fund for FY 1984 through 1986. Directs the appropriate congressional committees to conduct oversight hearings at least annually for the first three years after enactment of this Act. Title III: Motor Carrier Safety Act of 1983 - Directs the Secretary of Transportation to establish rules, regulations, standards, and orders to assure that: (1) commercial motor vehicles are safely maintained, equipped, loaded, and operated; (2) the responsibilities imposed upon drivers of commercial motor vehicles do not impair such drivers' ability to operate safely; (3) the physical condition of such drivers is adequate to enable them to drive safely; and (4) the operation of commercial motor vehicles does not create deleterious effects on the physical condition of such drivers. Requires the Secretary and the Director of the National Institute for Occupational Safety and Health, in consultation with the Secretary of Labor, to undertake a study of health hazards to which employees engaged in the operation of commercial motor vehicles are exposed, and to develop information to enable such employees to operate free from recognized hazards. Requires that such study be submitted to Congress within one year after enactment of this Act. Authorizes appropriations out of the Highway Trust Fund for FY 1984 for such study. Authorizes agents of the Secretary to conduct inspections of facilities, equipment, operations, and pertinent records in carrying out the responsibilities of this title. Sets forth penalties for violations of safety standards promulgated under this title. Allows States to adopt more stringent safety rules if such rules are not inconsistent with Federal rules. Requires each commercial motor vehicle to pass an annual inspection of its safety equipment. Directs the Secretary to establish Federal standards for such equipment and a procedure for State implementation of such inspections. Requires the issuance of such regulations before September 30, 1984. Directs the Secretary and the Interstate Commerce Commission to jointly establish a procedure to determine the safety fitness of persons seeking operating authority as motor carriers. Requires the submission of such procedure to Congress by July 1, 1984. Directs the Secretary to conduct a study of safety characteristics of heavy trucks, including an examination of the handling, stability, and crashworthiness of such trucks. Authorizes appropriations for FY 1984 and 1985 for such study. Directs the appropriate congressional committees to conduct periodic oversight hearings on the effects of this title for the first three years after enactment of this Act. Title IV: Hazardous Materials Transportation Act Amendments of 1983 - Amends the Hazardous Materials Transportation Act to require the Secretary and the Director of the Federal Emergency Management Agency to evaluate training programs of Federal, State, and local agencies and private organizations for incident prevention and response with respect to the transportation of hazardous materials. Authorizes the Secretary and the Director to develop appropriate training programs and make recommendations to improve existing programs. Directs the Secretary or the Director to maintain an information dissemination service on the safe and proper methods of transporting hazardous materials and for responding to incidents. Requires the Secretary to establish or encourage the establishment of regional training centers on incident prevention. Sets forth terms and conditions under which the Secretary is authorized to make grants to States for the enforcement of Federal rules on hazardous materials transportation. Authorizes the Secretary to establish regulations on the routing of hazardous materials and a prenotification system to inform State or local governments on such routing. Authorizes the Director to make emergency response planning grants to State, regional, and local governments and to conduct research and development activities to improve incident-response capabilities. Authorizes appropriations for grant programs under this title. Requires the appropriate congressional committees to conduct periodic oversight hearings on the implementation and effects of this title at least annually for the first three years after enactment of this Act.
United States · United States Congress · 20 April 1983
Sole Source Aquifer Protection Act of 1983 - Amends the Safe Drinking Water Act to provide a program for the protection of certain recharge areas overlying sole source underground water supplies. Authorizes municipalities within a sole source area to petition the Governor to designate a part of such area as a "special protection area." Requires that the petition propose boundaries for the special protection area and make certain evaluations. Directs the Governor to approve or disapprove the petition. Requires the Governor, if approving the petition, to: (1) propose the boundaries; (2) designate or establish an entity to develop a comprehensive management plan (the plan); (3) assure and encourage public participation; and (4) establish procedures for adoption and implementation of the plan. Requires the Governor, if approving the petition, to submit to the Administrator of the Environmental Protection Agency: (1) the proposed boundaries; and (2) a description of the planning entity. Directs the Administrator to approve or disapprove the Governor's submission. Authorizes the Administrator, if approving the Governor's submission, to provide such State a 50 percent matching grant for the costs of preparing the petition and developing the plan. Requires the plan to maintain the quality of the ground water recharged through the special protection area by maintenance, to the maximum extent possible, of the natural vegetative and hydrological conditions. Lists several requirements to be included in the plan. Directs the Governor to approve or disapprove the plan. Requires the Governor to consider certain factors in reviewing the plan. Requires the Governor to submit an approved plan to the Administrator. Directs the Administrator to approve the plan or to submit to the Governor the reasons for disapproving the plan. Allows the Governor 90 days after disapproval to resubmit a modified plan. Requires the Administrator to consult with the Secretary of Defense on the effect of the plan on military installations. Authorizes the Administrator, if approving the plan, to provide such State a 50 percent matching grant for the costs of implementing the plan. Prohibits such grant from exceeding $20,000,000. Authorizes appropriations: (1) for FY 1984 through 1986 for plan development; and (2) for FY 1984 through 1987 for matching grants for plan implementation. Restricts the use of such authorized funds to those activities specified in this Act.
United States · United States Congress · 14 April 1983
Expresses the sense of the Senate that armed forces on the border between Thailand and Kampuchea should refrain from actions that may endanger the refugees. Declares that Vietnam should halt armed attacks on civilians.
United States · United States Congress · 13 April 1983
Small Business Capital Formation Tax Act -- Amends the Internal Revenue Code to lower the amount of corporate tax liability on taxable income up to $200,000. Increases from 60 percent to 80 percent the capital gain deduction for equity investments in small business concerns for investments held for five years or more. Establishes a maximum corporate capital gain tax rate of 20 percent attributable to equity investments in small business concerns. Allows a small business to use a cash receipts method of accounting if its average annual gross receipts do not exceed $1,500,000 for the three preceding taxable years. Allows a nonrefundable ten percent income tax credit for investment in small business stock. Permits a taxpayer to defer payment of tax on the sale of any capital gain property if the proceeds from such sale are reinvested within one year in small business stock, and the amount of such gain does not exceed the amount invested in small business stock.
United States · United States Congress · 12 April 1983
Veterans' Emergency Job Training Act - Directs the Administrator of Veterans Affairs and the Secretary of Labor to carry out an on-the-job training program for veterans who: (1) actively served in the armed forces during a period of war; and (2) have been unemployed for 15 or more consecutive weeks. States that assistance will be in the form of payments to employers employing eligible veterans in jobs involving significant training. Prohibits a participating veteran from receiving assistance under any other veterans' education or training program or the Job Training Partnership Act during the same period. Requires veterans seeking assistance to apply to the Secretary of Labor who will certify such veterans eligibility for an employer. Requires an employer to provide a program of approved job training for at least six months. Establishes maximum periods of assisted training: (1) 12 months for a veteran with a service-connected disability rated at 30 percent or more; and (2) six months for other veterans. Requires employers seeking participation in this program to certify to the Secretary that: (1) a position for which the veteran is training is likely to be available at the end of the training period; (2) wages and benefits will be comparable to those received by other employee/trainees; and (3) currently employed workers will not be displaced as a result of this program. Requires the Secretary to give preference to programs of training and equitable regional distribution of training opportunities when approving a program of training. Limits the payments to employers to 25 percent of the wages paid, the actual cost of training, or $3,000 ($6,000 in the case of certain disabled veterans), whichever is less. Requires as a condition of payment a certification from both the veteran/employee and the employer concerning the training and its satisfactory progress. Prohibits the Secretary from continuing payments when the progress or conduct or the veteran is unsatisfactory or that the program of training or the employer's certification is faulty in a material respect. Establishes civil penalties for fraud under this program. Entitles the United States to recover any overpayments from either the veteran or the employer, depending upon culpability. Directs the Secretary of Labor to administer this program and make special efforts to inform eligible veterans and employers of the training opportunities. Requires utilization of disabled veterans outreach specialists in coordinating employment efforts. Directs the Administrator to provide an outreach and public information program to inform veterans and employers of this program's opportunities. Terminates this program after FY 1984 for veterans' applications and after FY 1985 for employer payments. Authorizes appropriations.
United States · United States Congress · 12 April 1983
Federal Capital Investment Act of 1983 - Directs the National Commission on Capital Investment, established by this Act, to conduct an inventory of existing major national public improvements (highways, roads, bridges, mass transit, main water supply and distribution systems, and sewer systems) by region, State, and major metropolitan areas of the United States. Requires the Commission to develop a National Public Improvements Plan listing in priority order needed construction, rehabilitation, or repair of public improvements in each region to sustain regionally balanced national economic development. Requires the Commission, as a part of the plan, to suggest specific revisions in Federal laws, regulations, and policies that may be necessary to reverse the pattern of disinvestment in national public improvements. Sets forth procedures for the submission of such plan to Congress and for review and implementation of the plan. Establishes the National Commission on Capital Investment to assess the condition of national public works infrastructure. Amends the Budget and Accounting Act, 1982, to require the President to include with each budget submitted on or after January 1, 1984, a special analysis which shall identify for each function, agency, and program the amount of appropriations and expenditures which may be classified as national public improvements. Requires the President to also include with the budget after January 1, 1985, a capital investment budget which identifies by State the amount of appropriations and expenditures which may be classified as national public improvements. Authorizes appropriations.
United States · United States Congress · 7 April 1983
Child Abuse Prevention and Treatment and Adoption Reform Act Amendments of 1983 - Amends the Child Abuse Prevention and Treatment Act to direct the Secretary of Health and Human Services, through the National Center on Child Abuse and Neglect, to include, in a study and investigation of the national incidence of child abuse and neglect, a determination of those incidents of child abuse and neglect which involve the denial of nutrition, medically indicated treatment, general care, or appropriate social services to infants at risk with life-threatening congenital impairments. Requires that the study's findings be submitted, with recommendations for administrative and legislative changes, to the Congress within two years after the effective date of this Act. Deletes outdated plan provisions. Directs the Secretary, in consultation with the Advisory Board on Child Abuse and Neglect, to provide technical assistance and training to States for development and implementation of procedures to be followed by appropriate agencies or individuals to insure that nutrition, medically indicated treatment, general care, and appropriate social services are provided to infants at risk with life-threatening congenital impairments. Requires that such procedures be in place throughout the State within two years after enactment of this Act, in order for a State to qualify for grants for child abuse and neglect prevention and treatment programs. Requires the establishment of procedures for any interested person to report to the appropriate authorities denial of such care or services. Extends through FY 1986 the authorization of appropriations under such Act for child abuse and neglect and sexual abuse of children prevention and treatment programs. Requires that a specified amount of such funds be used for grants to States for programs for prevention, identification, and treatment of sexual abuse of children. Directs the Advisory Board on Child Abuse and Neglect to assist the Secretary in coordinating adoption related activities of the Federal Government, including services to pregnant teenaged children considering adoption as a plan for their infants, services to couples experiencing infertility, adoption referral services for infants at risk with life-threatening congenital impairments, and services for children legally free for adoption and in need of adoptive homes. Makes technical and conforming amendments. Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to include pregnancy counseling, which presents adoption as a positive alternative, among those quality standards for adoption services to be promoted by the Department of Health and Human Services. Directs the Secretary of Health and Human Services to: (1) review all model adoption legislation and procedures developed or promulgated under such Act for the purpose of making appropriate changes to facilitate adoption opportunities for infants at risk with life-threatening congenital impairments; and (2) coordinate efforts to improve State legislation with national, State, and local child and family services, including organizations representative of minorities and adoptive families. Directs the Secretary, after consultation with other appropriate Federal departments and agencies, including the Bureau of the Census, to provide for the establishment and operation of a Federal adoption and foster care data-gathering and analysis system. Includes adoptive family groups and minority groups among those nonprofit organizations which may receive Federal contracts to provide technical assistance for adoption programs. Directs the Secretary to: (1) encourage involvement of corporations and small businesses in supporting adoption as a positive family-strengthening option, including the establishment of adoption benefit programs for employees who adopt children; and (2) continue to study the nature, scope, and effects of placement of children in adoptive homes by unlicensed and unregulated persons or agencies, including the legal status of surrogate parenting. Authorizes appropriations through FY 1985.
United States · United States Congress · 5 April 1983
Oil Spill Liability and Compensation Act of 1981 - Title I: Oil Spill Liability and Compensation - Subjects the owner or operator of a vessel or facility to liability for oil discharged in violation of the Federal Water Pollution Control Act (unless the discharge was caused as an act of God, war, or by a third party). Causes such owners and operators to be liable for: (1) all actual costs of removal incurred by the United States or a State under the Federal Water Pollution Control Act, the Intervention on the High Seas Act, or the Deepwater Port Act of 1974; (2) any removal costs incurred by any person, as removal is defined under the Federal Water Pollution Control Act; and (3) specified damages for economic loss or loss of natural resources resulting from such a discharge. Limits such liability, but stipulates than an owner or operator shall be liable for all damages and removal costs in the case of: (1) willful misconduct or negligence; (2) violation of applicable safety, construction, or operating standards or regulations; (within the knowledge or privity of the owner or operator); or (3) a refusal to provide reasonable cooperation and assistance requested by a responsible official. Provides that owners or operators subject to the Outer Continental Shelf Lands Act shall bear all costs of removal. Authorizes the President to establish additional limitations on liability for certain facilities; and, from time to time, to increase established limitations to reflect specified factors. Provides for third party liability. Directs that money in the Oil Spill Liability Trust Fund (established in title II of this Act) be used for, among other things: (1) payment of removal costs; and (2) related research. Sets forth procedures for asserting claims against the Fund. Requires any claimant, prior to asserting a claim, to present the claim to the owner, operator, or guarantor of the vessel or facility from which the oil was discharged. Directs the President to: (1) prescribe forms and procedures for filing claims; and (2) attempt to arrange a settlement. Authorizes the President to establish and to pay a claim or to submit a claim to a Board of Arbitrators. Permits a claimant, dissatisfied with an award, to appeal to the Board of Arbitrators. Requires the owner and operator of any offshore vessel and/or facility to establish and maintain stated levels of financial responsibility sufficient to satisfy claims. Title II: Trust Fund Establishment and Collections - Establishes the Oil Spill Liability Trust Fund. Provides that the Fund shall consist of: (1) amounts derived from an additional petroleum tax of 1.3 cents per barrel, imposed by an amendment to the Internal Revenue Code; (2) amounts recovered under title I of this Act; (3) penalties imposed under title I of this Act or under the Federal Water Pollution Control Act and other unobligated funds available under such Act; (4) all assets of the Trans-Alaska Pipeline Liability Fund; (5) all assets of the Deepwater Port Liability Fund; and (6) all assets of the Offshore Oil Pollution Compensation Fund established under the Outer Continental Shelf Lands Act Amendments of 1978. Establishes a minimum amount of $30,000,000 to be maintained in the Trust Fund. Establishes the order in which unpaid claims are to be paid. Limits the liability of the United States to the amount in the Trust Fund. Provides for Trust Fund borrowing, as repayable advances, from the General Fund of the Treasury. Title III: Miscellaneous Provisions - Sets forth effective dates and conforming amendments. Directs the President, in cooperation with the Comptroller General, to study possible incentives for safer operation of vessels and facilities to prevent oil discharges, and to report to the Congress by July 1, 1983.
United States · United States Congress · 24 March 1983
Mathematics, Science, and High Technology Skill Act of 1983 - Title I: Grants to States for the Improvement of Instruction in Mathematics, Science, and Technology - Authorizes appropriations for FY 1984 through 1988 for: (1) basic grants for the improvement of instruction in mathematics, science, and technological literacy; and (2) incentive grants for such improvement. Part A: Basic Grants for the Improvement of Instruction in Mathematics, Science, and Technology - Directs the Secretary of Education to pay to States the Federal share of the costs of activities described in approved State plans under this part. Prohibits the making of such basic grants unless the State has prepared and submitted: (1) an assessment of the status of education in mathematics, science, and technology which meets specified requirements; and (2) a State plan in accordance with specified requirements. Sets forth provisions for the allotment to States of sums appropriated to carry out this title. Directs the Secretary to reserve: (1) one percent of such funds for payments to specified U.S. territories and possessions; and (2) one-half of one percent for payments for children enrolled in Indian schools to be allotted in accordance with their respective needs. Directs the Secretary, to allot the remainder among the States (including the District of Columbia and the Commonwealth of Puerto Rico) on the basis of relative numbers of children: (1) of school-age; and (2) in local educational agencies (LEAs) counted under basic grants to LEAs provisions of title I (Financial Assistance to Meet Special Educational Needs of Children) of the Elementary and Secondary Education Act of 1965 (ESEA). Sets forth requirements for State assessments of education, including statements of needs in the following areas: (1) teacher recruitment and retention; (2) improving teacher qualifications and skills; (3) curriculum improvement; (4) meeting the skill needs of private industry; (5) access for women, minorities, and other underrepresented groups in careers in mathematics, science, and technology; and (6) improvement in the quality of mathematics, science, and technology education. Sets forth provisions relating to State plan preparation, contents, and approval. Sets forth authorized uses of basic grant funds. Prohibits payments under this part for differential compensation for teachers to teach mathematics, science, or other subjects in the field of technology or for the payment of regular compensation for teachers to teach such subjects. Sets forth provisions for payments under this part and for the Federal share of costs of specified activities. Sets forth requirements relating to within-State payments and withholding of payments under this part. Part B: Incentive Grants for the Improvement of Instruction in Mathematics, Science, and Technology - Authorizes the Secretary to make incentive grants to States for the improvement of the quality of education in the fields of mathematics, science, and technology. Sets forth authorized uses of incentive grant funds. Sets forth application requirements and within-State payment requirements. Title II: Incentive Grants to Local Educational Agencies for the Improvement of Instruction in Mathematics, Science, and Technology - Authorizes appropriations for FY 1984 through 1988 for incentive grants to local educational agencies (LEAs) for the improvement of mathematics, science, and technical literacy. Authorizes the Secretary to make such incentive grants to LEAs. Sets forth authorized uses of LEA incentive grant funds. Sets forth application requirements. Title III: Grants to Institutions of Higher Education for the Improvement of the Quality of Instruction in Mathematics, Science, and Technology - Authorizes appropriations for FY 1984 through 1988 for grants to institutions of higher education for the improvement of the quality of instruction in mathematics and science. Authorizes the Secretary to make such grants. Sets forth authorized uses of such funds. Sets forth application requirements. Title IV: Research Activities Relating to the Improvement in the Quality of Instruction in the Fields of Mathematics, Science, and Technology - Authorizes appropriations for FY 1984 through 1988 for grants to institutions of higher education for the improvement of the quality of instruction in mathematics, science, and technology through educational research program provisions added by this Act to the General Education Provisions Act. Amends the General Education Provisions Act to establish such educational research program. Authorizes the Director of the National Institute of Education from funds appropriated under this Act, to conduct educational research designed to: (1) develop curriculum in mathematics and science to meet the training needs of students who are average, minority, of limited English-speaking ability, women, or economically or educationally disadvantaged; and (2) examine the learning process, teaching methods, and teacher motivation in mathematics, science, and technology. Requires the Director to establish criteria for the conduct of such research and submit such criteria for the approval of the National Science Foundation. Authorizes the Director, to the extent practical, to use laboratories and centers which receive financial assistance under specified provisions of such Act to carry out such research. Directs the Director, through the Institute, to monitor the status of education in mathematics, science, and technology, and evaluate the effectiveness of activities and services furnished with assistance under this Act. Title V: Vocational and Adult Education Programs in the Fields of Mathematics, Science, and Technology - Amends the Vocational Education Act to establish a national program for vocational training for technological skill development for positions in industry for which advanced academic degrees are not required. Authorizes appropriations for FY 1984 through 1988 for such program. Authorizes the Secretary to make such program grants and contracts with nonprofit organizations and contracts with private for-profit organizations. Directs the Secretary to pay amounts which match those of specified applicant expenditures. Sets forth authorized use of such program grant and contract funds. Sets forth application requirements. Amends the Adult Education Act to require States, to the extent practicable, to emphasize training in the adaptation of science and technology to society and work, in carrying out adult basic education programs and adult education programs under such Act. Requires that a State plan under such Act identify the manner in which assistance sought under such Act will serve the goals described in the State plan approved under this Act.
United States · United States Congress · 24 March 1983
Environmental Poisoning Victim Compensation 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 personal injury or economic loss. Provides that claims for such damages may be asserted against the Hazardous Substance Response Fund for: (1) all medical expenses; (2) limited amounts compensating individual loss of regular earnings; and (3) limited amounts as death benefits. Lowers (from 85 percent) to 50 percent the amount of the money credited to the Fund which is available only for certain purposes relating to governmental costs. Directs the President to delegate authority to settle such claims against the Fund under this Act to officials of any State which agree to provide 20 percent of the administrative costs of such a claims program and which possess specified qualifications. Sets forth the types of proof which a claimant must provide in any claim asserted against the Fund under this Act. Provides, in the case of injury or disease due to mutagenic or teratogenic effects, that "the individual on whom the claim is based" with respect to exposure to a hazardous substance, pollutant, or contaminant refers to a parent of the individual with the injury or disease. Directs the Secretary of Health and Human Services, acting through the Agency for Toxic Substances and Disease Registry, and in cooperation with the National Toxicology Program and the Administrator of the Environmental Protection Agency, to prepare Hazardous Substance Presumption Documents for particular hazardous substances, pollutants, or contaminants and their relation to injuries or diseases. Directs the Secretary, within 18 months of the enactment of this Act, to publish such documents for dioxin- and dibenzofurn-containing wastes, polychlorinated biphenyls, pesticide manufacturing wastes, pesticides whose registration has been cancelled or which are subject to a rebuttable presumption against registration, cadmium, chromium, and lead. Provides for appeals from decisions of State officials in such claims programs. Permits causes of action for subrogated rights for claims paid under such claims programs against any person liable for release of the hazardous substance and the exposure of the individual on which the claim is based, except in cases which occurred wholly prior to the enactment of this Act. Provides that no person who asserts such a claim against the Fund and receives an award may be barred from pursuing such claim or cause of action against any party or parties alleged to be responsible, under any provision of State law or specified provisions of such Act. Requires the claimant to reimburse the Fund in an amount equal to the award in any such action, up to the amount of the claim awarded against the Fund. Authorizes the court to assess litigation costs against the claimant if the award in such action does not exceed the award from the Fund by at least 25 percent. Provides for reduction of any such award from the Fund by the amount received due to such injury or disease from any benefit program or other collateral source of a public nature. Declares that each State should adopt specified changes in the procedural and substantive rules followed by State courts in actions seeking compensation for personal injury resulting from a release of a hazardous substance from a vessel or a facility. Raises (from $1,380,000,000) to $6,000.000,000 the sum of the amounts received in the Fund which must be reached for the authority to collect environmental taxes (on petroleum and certain chemicals) to be terminated before September 30, 1990.
United States · United States Congress · 24 March 1983
Environmental Poisoning Compensation Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the "Superfund Act") to extend the liability of specified owners, operators, or other responsible persons under such Act to cover any out-of-pocket medical expenses for personal injury resulting from a release of hazardous substances. Excludes liability for such medical expenses from the limitations on the amounts of liability set forth in such Act. Provides that such claims for medical expenses may be asserted against the Hazardous Substance Response Fund. Revises the definition of damages under such Act to include damages for personal injury. Lowers (from 85 percent) to 66 2/3 percent the amount of the money credited to the Fund which is to be available only for certain purposes relating to governmental and other persons' response costs and to other specified governmental costs. Raises (from $1,380,000,000) to $6,000,000,000 the sum of the amounts received in the Fund which must be reached for the authority to collect environmental taxes (on petroleum and certain chemicals) to be terminated before September 30, 1990.
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
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer, dealer, or importer of firearms a person who manufacturers or deals in a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Requires such transfer to be face to face. Presumes a licensee to have actual knowledge of the published laws of the State. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Declares that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements, under specific circumstances. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Allows the government to voluntarily dismiss criminal charges prior to trial and still proceed with revocation. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has reasonable cause to believe that a violation has occurred and that evidence may be found on the premises. Requires a warrant be issued for such search. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years imprisonment (currently, two to 25 years). Extends to first offenders the requirement, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Prohibits the granting of parole to first and subsequent offenders. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Gun Control Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Imposes on the applicant the burden of proof. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Declares any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 21 March 1983
Deep-Draft Navigation Act of 1983 - Title I: Findings and Purposes; Definitions - Declares the findings of Congress and the purposes of this Act. Title II: Creation of Trust Fund to Administer Accounts for Operations and Maintenance, Improvement Projects, and Local-Share Credits - Establishes the Deep-Draft Navigation Trust Fund in the Treasury, consisting of: (1) the Operations and Maintenance Account; (2) the Navigation Improvement Account; and (3) the Special Credit Account. Requires the Secretary of the Army to be the trustee of the Trust Fund and to make an annual report to Congress on the operation and status of the Fund. Sets forth contents and the authorized uses for each Fund account. Title III: Tax on Deep-Draft Commercial Vessels Using Deep-Draft Commercial Channels, Harbors, and Navigational Facilities; Saint Lawrence Seaway Development Corporation - Amends the Internal Revenue Code to impose a tax on the use of any deep-draft commercial channel or harbor within the United States by a deep-draft commercial vessel (vessel). States the rate of such tax. Declares that such tax shall not apply to intraport transfers. Imposes a tax on the use by any vessel of any Great Lakes navigation improvement operated or maintained by the United States. States the rate of such tax. Imposes a tax on the use of any deep-draft commercial channel or harbor within the United States for a purpose other than the loading or unloading of commercial cargo (including convenience, bunkering, refitting, or repair). States the rate (including the maximum rate) of such tax. Requires any person or agent of such person who causes qualified commercial cargo to be transported by means of a vessel to provide to the Master of such vessel a sworn declaration of the value of such cargo prior to the loading of such cargo. Requires the master of a vessel to report the declared value of all qualified commercial cargo loaded onto, unloaded from, or contained in such vessel to the U.S. Customs Service upon the loading or unloading of any such cargo or upon passage through any Great Lakes navigation improvement operated or maintained by the United States. Entitles the Master and owner of a vessel to rely upon the accuracy of any sworn declaration of value for purposes of rendering the tax imposed on such vessels under this Act. Declares that the owner of such vessel shall not be liable for the payment of any additional vessel tax unless such owner knew or had reason to know of the inaccuracy of such declaration of value. States the powers of the Secretary of the Treasury, with regard to making investigations and requiring recordkeeping, for determining whether any person is in violation of this Act. Authorizes the Secretary, acting through the U.S. Customs Service or any other designated agency, to assess and collect the taxes imposed under this title. Requires that the liability for the payment of such taxes shall be imposed on the owner of such vessel and shall constitute a valid lien against said vessel in favor of the United States until paid. Sets forth provisions concerning violations and enforcement of this title, including: (1) findings of violations by the Secretary; (2) actions by the Attorney General; (3) jurisdiction and venue of actions under this title; (4) unlawful departure of vessels without paying all taxes; and (5) the unlawful diversion of taxable cargo for tax avoidance purposes. Defines "deep-draft commercial vessel" (vessel) and "deep-draft commercial channel or harbor" for purposes of this title. Amends the Act establishing the Saint Lawrence Seaway Development Corporation to authorize the Corporation to accept certain amounts for the operation and maintenance of authorized deep-water navigation works in the Saint Lawrence Seaway. Waives that portion of the toll levied on a vessel for use of the Seaway to the extent that such toll exceeds the deep-draft commercial vessel tax imposed under this Act. Requires the Corporation to remit to the Treasury all revenues derived from charges for providing services to vessels using the Seaway and from toll bridge charges. Requires the Secretary of State, in consultation with the Secretary of Transportation, to initiate discussions with the Government of Canada concerning the reduction or elimination of all tolls on the international Great Lakes and/or the Saint Lawrence Seaway. Requires the Secretary of Transportation to report to Congress on the progress of such discussions and on the economic effects to U.S. waterborne commerce of any proposed reduction or elimination in tolls. Title IV: Establishment of Federal/Local Partnership for Deep-Draft Navigation Improvement Projects - Requires the Secretary of the Army to enter into a memorandum of agreement with the port authority sponsoring any deep-draft navigation project, prior to submitting recommendations to Congress for the authorization or reauthorization of such projects. Requires the memorandum to establish the responsibilities of each party with respect to the construction and operation of the project, including a formula (determined in a specified manner) for the allocation of project costs. Declares that navigation improvement projects previously authorized by Congress need not be reauthorized and are eligible for appropriations under this Act. Authorizes port authorities to construct and operate a deep-draft navigation project upon entering into a memorandum of agreement with the Secretary. Sets forth certain provisions to be contained in such memoranda. Requires the Secretary to order persons or port authorities in violation of any provision of the memorandum to comply with such memorandum within 90 days. Authorizes the Attorney General to bring a civil action as may be necessary to bring such persons or port authorities into compliance with the memorandum. Title V: Expedited Procedure for Authorization and Review of Deep-Draft Navigation Improvement Projects - Authorizes port authorities to submit to the Secretary of the Army proposals for the construction of deep-draft navigation improvement projects. States the required contents of such proposals. Requires the Secretary to direct the Corps of Engineers to prepare and submit, on an expedited basis, certain reports and an environmental impact assessment of the proposed project. States procedures to be followed for the consolidated environmental review of proposed projects. Requires the Corps of Engineers to be the lead agency in the consolidated environmental review process. Requires the Secretary to evaluate such reports and assessments and to submit recommendations for the construction of such projects (together with a list of all proposals submitted) to the appropriate congressional committees. Requires such recommendation to be cost effective, to reflect a mix of differing depths and scope, and to be from each of the standard coastal and Great Lakes ranges. Prohibits the Secretary from recommending to Congress any projects (or combination of projects) for which the total Federal share of projected annual outlays will exceed the amounts available for Deep-Draft Navigation Trust Fund's Navigation Improvement Account for each fiscal year. Requires the congressional committee to which the recommendations were submitted to report a joint resolution approving or disapproving such recommendations, in whole or in part, within 90 days of their submission. Requires the Secretary to establish and publish in the Federal Register a schedule (the permit schedule) for the issuance or nonissuance of all necessary Federal permits for the construction of such projects. States the procedures to be followed for the permit schedule. Requires the Secretary to monitor compliance with the permit schedule by all agencies subject to such schedule. Provides a procedure to be followed in the event of any threatened delay or failure to meet any deadline imposed under the schedule. Declares that nothing in this title shall be construed to relieve any agency of any legal requirements or to affect the application of any law or regulation to a deep-draft navigation improvement project or related landslide facilities. Describes procedures concerning judicial review of final agency decisions concerning deep-draft navigation improvement projects authorized under this Act. Declares that if any part of this Act is held invalid then all of this Act shall be invalid.
United States · United States Congress · 21 March 1983
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
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the spread of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide for evaluation, information, materials, training, and technical assistance. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1983 through 1986.
United States · United States Congress · 16 March 1983
National Security and Violent Crime Control Act of 1983 - Title I: Narcotics Law Enforcement - National Narcotics Act of 1983 - Establishes an Office of Director of National and International Drug Operations and Policy in the executive branch to plan and coordinate drug enforcement efforts of the Federal Government. Amends the Federal Aviation Act of 1958 to require the revocation of the airman certificate of any person who violates any Federal or State law relating to the transportation or distribution of controlled substances. Provides criminal penalties for the use or sale of fraudulent certificates with the intent or knowledge that such certificates will be used to violate any such laws. Establishes criminal penalties for operating an aircraft with knowledge that such aircraft is used or intended to be used to violate any such laws. Directs the Attorney General to move expeditiously to conduct negotiations to secure the cooperation of law enforcement authorities in foreign countries in order to deprive domestic criminals of use of foreign havens for proceeds of crimes. Title II: Bail, Sentencing, and Criminal, Procedure Reform - Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days if a person: (1) who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community; or (2) is not a U.S. citizen or lawfully admitted for permanent residence. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person and the weight of the evidence against the person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to the safety of any other person or the community and; and (2) the appeal raises a substantial question of law or fact likely to result in reversal or an order for a new trial. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Allows the person released to move for amendment of the conditions of release. Allows a person to file a motion for revocation or amendment of a detention order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Sentencing Reform Act of 1983 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Imposes maximum penalties for the "Career Criminal". Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office. Amends the Federal criminal code to establish a mandatory term of imprisonment whenever: (1) serious bodily injury results from the defendant's participation in the offense; or (2) the offense is a felony and the defendant was previously convicted of a Federal or State felony, unless a substantial period of time has elapsed. Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Defines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense from one to ten years' imprisonment to five to ten years' imprisonment for a first offender and from two to 25 years to ten years to life imprisonment for a second or subsequent offender. Extends to first offenders the directions, currently applicable only to second offenders, that the court not suspend any sentence or grant probation and that the additional sentence not run concurrently with any term of imprisonment imposed for the offense itself. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses. Violent Juvenile Offender Act of 1983 - Amends the juvenile delinquency provisions of the criminal code to lower the age to seventeen for purposes of the section. Permits a juvenile to be proceeded against in Federal district court upon certification of the Attorney General that the offense charged is a felony and that there is substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction. Revises the factors (including the age of the individual and the type of crime) to be considered in delinquency proceedings in district court. Revises procedures for the use of juvenile records. Amends the Federal Property and Administrative Service Act to authorize the donation of surplus Federal property to a State for housing violent juvenile offenders. Federal Diversion Act of 1983 - Authorizes the preparation of a diversion program for eligible individuals charged with non-violent Federal offenses. Includes in such program, among other activities: medical, educational, vocational, social, and psychological services; corrective and preventive guidance; counseling; restitution to the victim of the offense; and uncompensated community service. Includes among the criteria for eligibility that the person has not exhibited a continuing pattern of criminal behavior. Sets forth the admissions procedure for such program. Requires a person admitted to the program to waive formally all applicable statutes of limitations and his or her right to a speedy trial. Provides that upon the expiration of the diversion period the Government shall dismiss with prejudice the indictment, information, or complaint. Authorizes the Government to resume prosecution upon finding that the person is not fulfilling his or her obligations under the plan or that new facts demonstrate that the individual is unsuitable for the program. Allows the person charged to contest such a determination. States that the district planning panel established by current law, with other individuals as the group may appoint, shall constitute a diversion advisory committee to plan for implementation and review of the diversion program. Directs the Attorney General to conduct research and report to the President, Congress, and the Judicial Conference of the United States with respect to the diversion program. Title III: Organized Crime - Directs the Attorney General to submit annually to the congressional Judiciary Committees a report on how reorganization of the Drug Enforcement Administration and narcotics and organized crime control policies of the Department of Justice will accomplish specified goals, including: (1) immobilizing at least one organized crime entity each year; (2) reducing narcotic trafficking by meeting annual goals; and (3) reducing the economic incentives for drug traffickers by forfeiting assets of major narcotics traffickers. Amends the Federal criminal code to establish penalties for anyone who commits or commissions a contract murder, attempted murder, or assault. Provides that a direct or indirect contract between two or more persons involving an offer, agreement, or solicitation to commit a contract murder shall constitute prima facie evidence that the act was commissioned for "anything of value." Applies the penalties for contract murder to any person who uses actual or threatened force to coerce another to commit a murder, attempted murder, or assault in violation of State law. Directs the Attorney General to designate criteria for Federal involvement in the prosecution of contract murders. States that this Act does not preempt State law in this area. Makes it a Federal offense to kill any attorney, agent, or employee of the U.S. Government employed to investigate or prosecute violations of Federal criminal statutes or any employee of the Intelligence Community. Establishes a new offense of assaulting, kidnapping, murdering, or threatening the relative of any Federal employee covered by the current assault statute, with intent to interfere with such employee's official duties. Amends the obstruction of justice statute to expand the class of persons protected from coercion to include potential witnesses and informants (current law protects actual witnesses). Amends the Freedom of Information Act to expand the exception relating to informants to limit disclosure of information which "tends to disclose" an informant's identity. Amends the Federal Rules of Criminal Procedure to permit a court to reduce a sentence of a cooperating defendant upon application of a U.S. Attorney. Amends the wiretap statute to require a judge to review in camera any information as to previous wiretap applications which might compromise a current or pending case or investigation. Amends the Federal Rules of Criminal Procedure to permit disclosure of Federal grand jury information to a State or local law enforcement official who is assisting a U.S. Attorney in the enforcement of Federal criminal law. Comprehensive Forfeiture Act of 1983 - Amends the Racketeer Influenced and Corrupt Organizations Statute (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be entered without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents. Anti-Arson Act of 1983 - Establishes an Interagency Committee on Arson Prevention and Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection, and control of arson. Directs the Committee to report to Congress on the success of its activities within 18 months of enactment. Terminates the Committee two years from the date of enactment. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special statistical report for arson in cooperation with the National Fire Data Center. Directs the Administrator of the United States Fire Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Authorizes appropriations for the Administration for such purpose. Amends the National Housing Act to require that FAIR (fair access to insurance requirements) plans be issued only after insurers obtain information from a prospective policyholder with respect to arson. Title IV: Amendments to Omnibus Crime Control and Safe Streets Act of 1968 - Justice Assistance Act of 1983 - Eliminates the Law Enforcement Assistance Administration including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance (OJA), to be headed by a Director appointed by the President. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance. Replaces the formula grant program with "national priority implementation and replication programs," under which grants are authorized for programs which address critical problems of violent and serious crime and for programs which have been certified to be successful. Enumerates 15 criteria for the awarding of these grants. Limits the amount of grants that may be awarded annually within any State. Limits the Federal share of the new priority grant programs to a period of four years and includes a cash match requirement. Eliminates the current national priority grant program. Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; and (3) national demonstration programs which are likely to be successful but unlikely to be funded. Establishes a Justice Assistance Board to: (1) recommend to the Assistant Attorney General for the Office of Justice Assistance funding and program priorities; (2) review and evaluate the activities of the OJA and Federal policies and priorities in justice assistance; and (3) coordinate its activities with the other justice advisory bodies. Retains the training and manpower development programs. Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the need to avoid unnecessary Federal involvement in local concerns; and (5) alternative sources of assistance. Authorizes appropriations for law enforcement assistance. Public Safety Officers Assistance Act of 1983 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a national program of group life insurance for public safety officers of a State or local government which has applied to the Law Enforcement Assistance Administration to participate in such program and agrees to withhold a premium from such officers' pay. Creates an Advisory Council on Public Safety Officers' Group Life Insurance to advise the Administration on such program. Establishes in the Treasury a Public Safety Officers' Group Life Insurance Revolving Fund.
United States · United States Congress · 16 March 1983
Age Discrimination in Employment Amendments of 1983 - Amends the Age Discrimination in Employment Act of 1967 to remove the existing 70-year upper age limit of the class to which the discrimination prohibitions apply, thus extending coverage to all individuals who are at least 40 years of age. Allows compulsory retirement of tenured faculty of an institution of higher learning until July 1, 1998. Delays the effect of this Act for employees under a collective bargaining contract until January 1, 1987, or the termination of such contract, if earlier.
United States · United States Congress · 16 March 1983
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("Superfund") to extend the authorization of appropriations to the Hazardous Substance Response Trust Fund ("Response Trust Fund") for five additional years, through FY 1990. Provides that so much of the aggregate amount authorized to be appropriated from FY 1985 through 1989 as has not been appropriated before FY 1990 shall be added to the specified amount authorized to be appropriated for FY 1990. Makes a conforming amendment extending by five years the period to be covered by the Secretary of the Treasury's annual report to the Congress on the management of the Response Trust Fund. Extends the authority to collect taxes conferred by such Act through FY 1990. Amends the Internal Revenue Code to provide for five-year extensions of provisions for an environmental tax on petroleum.
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