United States · United States Congress · 19 September 1983
Calls for special recognition during 1987, the bicentennial year of the United States Constitution, of the constitutional foundation for patent and copyright laws.
United States · United States Congress · 19 September 1983
Expresses the sense of the Senate that the United States owes the Japanese a debt of gratitude for their cooperation in connection with the Korean Air Lines tragedy.
United States · United States Congress · 14 September 1983
Title I: Short Title - Declares that this Act may be cited as the National Productivity and Innovation Act of 1983. Title II: Joint Research and Development Ventures - Provides that no joint research and development program shall be deemed illegal per se in any action under the antitrust laws. Limits to actual damages, interest thereon, and the cost of suit the amount that any person or State may recover in an antitrust action based on conduct that is part of such a program and that has been disclosed to the Attorney General and the Federal Trade Commission. Authorizes any individual participating in such a program to file with the Attorney General and the Commission a notification describing the program and specifying conduct to be performed under the program. Directs the Commission to publish in the Federal Register a notice of each such notification, including a description of the participants, the program, and its objectives. Declares that material submitted as part of such notification shall be available to the public upon request, unless the Attorney General or the Commission determines that the individual who submitted the notification shows good cause for not disclosing certain material. Allows an individual to withdraw a filed notification before it is published and accompanying material is made publicly available. Exempts actions and determinations of the Attorney General or the Commission concerning such notifications or antitrust actions or investigations from judicial review. Title III: Intellectual Property Licensing Under the Antitrust Laws - Amends the Clayton Act to provide that agreements to convey rights to use, practice, or sublicense patented inventions, copyrights, trade secrets, trademarks, know-how, or other intellectual property shall not be deemed illegal per se in actions under the antitrust laws. Limits to actual damages, interest thereon, and the cost of suit the amount that any person or State may recover in an antitrust action based on such an agreement. Title IV: Patent and Copyright Misuse - Prohibits a patent or copyright owner who is entitled to relief for patent or copyright infringement from being denied relief or being deemed guilty of misuse or illegal extension of the patent right or copyright by reason of doing any of the following, unless such conduct violates the antitrust laws: (1) licensing the patent or copyright under terms that affect commerce outside the scope of its claims; (2) restricting a licensee in the sale of a patented or copyrighted product; (3) obligating a licensee to pay excessive royalties, royalties that differ from those paid by other licensees, or royalties not related to a licensee's sale of the patented or copyrighted product; (4) refusing to license a patent or copyright to any person; or (5) otherwise using the patent or copyright allegedly to suppress competition. Title V: Process Patents - Requires a process patent to grant the patentee the right to exclude others from using or selling products produced by that process. Includes as patent infringement the unauthorized use or sale of a product of a patented process. Places the burden of proving that a product was not produced by the patented process on the defendant in a patent infringement action if the court finds that: (1) a substantial likelihood exists that the product was produced by that process; and (2) the claimant has exhausted all reasonable means of determining the process used and was unable to make such determination.
United States · United States Congress · 14 September 1983
Amends the Colorado River Basin Salinity Control Act to authorize the Secretary of Agriculture to establish a voluntary on-farm salinity control program in cooperation with private landowners to reduce watershed erosion on both non-Federal and Department of Agriculture lands in order to protect the water quality of the Colorado River. Authorizes the Secretary to: (1) identify salt sources; (2) reduce salt levels through improved farm irrigation and watershed management practices; (3) provide technical, monitoring, and cost-sharing assistance; and (4) carry out research, demonstration, and education activities. Requires the Secretary to describe proposed measures in reports to the appropriate congressional committees, the Advisory Council, and the Governor of any affected State. Prohibits fund expenditures until 60 days after any such report is filed. Authorizes the Secretary to use Department of Agriculture agencies, including the Commodity Credit Corporation (CCC), or to authorize participating agencies to make grants or enter into contracts, to carry out such program. Authorizes appropriations. Prohibits the CCC from making any disbursements unless such amounts are covered in advance by appropriations Acts. Requires a program report to Congress by January 1, 1988, and at five-year intervals thereafter.
United States · United States Congress · 12 September 1983
States that the United States: (1) condemns the Soviet destruction of Korean Air Lines Flight 7 and calls for an explanation from the Soviets; (2) extends its sympathies to the families who lost loved ones and supports their rights to obtain compensation from the Soviets; (3) calls on the Soviets to assist in the recovery of the remains of the victims; (4) reaffirms the actions against Aeroflot and calls for an international investigation by the International Civil Aviation Organization; (5) urges the international community to demand that the Soviets modify its air defense procedures to assure the safety of commercial airliners; (6) urges other nations to join the United States in applying sanctions against Soviet civil aviation; (7) notes that Soviet refusal of responsibility raises doubts among the world community over the Soviet's willingness to behave as a responsible member of the international community; and (8) urges our allies to cooperate with the United States in implementing additional sanctions against the Soviet's until certain conditions are met.
United States · United States Congress · 4 August 1983
Comprehensive Crime Control Act of 1983 - Title I: Bail - 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 detention for up to ten days: (1) if a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community; or (2) if such person is not a U.S. citizen. 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. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Allows a defendant to file a motion for amendment of a condition of release. 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. Title II: Sentencing Reform - 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. 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. Authorizes the imposition of a term of probation in certain circumstances. 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 E), 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 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. 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. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office. Title III: Forfeiture - 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; and (2) real and tangible and intangible personal property. 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. Allows 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 disposition of property. Creates a rebuttable presumption of forfeitability of certain property. 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. Sets forth procedures for an ancillary hearing to resolve third party claims. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to allow the Attorney General to transfer drug- related forfeited property to other Federal, State or local agencies. Establishes within the United States Treasury, the "Drug Assets Forfeiture Fund" to pay for maintenance of forfeited property, awards to informants, and valid liens and mortgages against such property. Amends the Tariff Act of 1930 to provide for the seizure of vessels, vehicles, merchandise or baggage valued at $100,000 or less. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming interest in the seized property to $5,000, or ten percent of the value of the claimed property, whichever is less. Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property and awards to informants. Requires the deposit in such Fund of all proceeds from the sale and disposition of property forfeited under custom law. Allows for the retention of forfeited property for official use or for transfer to other Federal, State or local governmental agencies assisting in related Federal law enforcement. Increases from $50,000 to $150,000 the award of compensation given to informers for information leading to forfeiture. Grants customs officers arrest authority and the right to carry firearms. Repeals provisions of the Internal Revenue Code dealing with customs officers' law enforcement authority to conform to this Act. Provides that seizures of property effected by customs officers shall be governed by this Act. Title IV: Offenders with Mental Disease or Defect - Insanity Defense Reform Act of 1983 - Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution, that at the time of the commission of the acts constituting the offense, the defendant, as a result of mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title V: Drug Enforcement Amendments - Controlled Substances Penalties Amendments Act of 1983 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Amends the Controlled Substances Act to allow the Attorney General to place an uncontrolled substance under temporary controls which provide for registration, recordkeeping and criminal penalties. Provides for administrative changes in the registration of practitioners. Title VI: Justice Assistance - Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate 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 an Assistant Attorney General. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance. Establishes a Justice Assistance Board to: (1) advise and make recommendations to the Assistant Attorney General on research, statistics and program priorities; (2) review and evaluate demonstration programs and (3) undertake additional tasks the board deems necessary. Authorizes grants to States for programs that address critical problems of violent and serious crime and for programs which have been certified successful. Enumerates 12 criteria for the awarding of these grants. Limits the Federal share of the grant programs to a period of three years and includes a cash match requirement. Eliminates the current national priority grant programs. 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 within the Office of Justice Assistance a Bureau of Criminal Justice Facilities. Directs the Bureau to make grants to States for the construction and modernization of correctional facilities. Provides for death benefits to the survivors of public safety officers (police and firemen). Authorizes the Director of the Federal Bureau of Investigation to train State and local criminal justice personnel. Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists. Authorizes appropriations for law enforcement assistance for each of FY1984 through 1987. Title VII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title VIII: Labor Racketeering Amendments - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 fines and/or five years' imprisonment. Adds intent to benefit a person not permitted to receive payments, loans, or delivery of money or other thing of value to a labor organization in payment of membership dues, to a joint labor-management trust fund, or to a plant, area, or industry-wide labor-management committee as an element of violations involving those transactions. Grants civil jurisdiction to U.S. district courts over suits brought by: (1) the United States alleging a violation involving those transactions; or (2) any person directly affected by violations by restrictions on financial transactions under such Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise prohibitions against persons guilty of criminal offenses holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases, from five years to ten years, the time during which a convicted individual is prohibited from holding such offices or positions, but permits a lesser period to be set by the sentencing court under specified circumstances. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Raises, from one year to five years, the maximum time of imprisonment for violations of such prohibitions. Provides that any salary payable but for such prohibitions shall be placed in escrow pending final disposition of any appeal. Title IX: Currency and Foreign Transactions Reporting Act Amendments - Increases penalties for currency violations and authorizes payments of rewards for information leading to the recovery of a criminal fine, civil penalty or forfeiture. Allows U.S. Customs agents to conduct border searches relating to currency offenses. Title X: Miscellaneous Violent Crime Amendments - Provides Federal jurisdiction over murder-for-hire and crimes in aid of racketeering activity. Makes it a Federal offense to solicit an individual to commit a crime of violence. Revises the felony-murder rule. Provides minimum mandatory sentences for the use of firearms during a Federal crime of violence. Allows for an additional mandatory sentence for the use of armorpiercing bullets in the course of Federal crimes. Makes it a Federal offense to kidnap or assault Federal officers or employees, in the performance of their duties or to commit a crime against any family members of Federal officials. Amends the Major Crimes Act to include the crimes of maiming and sodomy. Includes trucks in the definition of "motor vehicle" for purposes of the prohibition against destruction of motor vehicles. Makes it a federal offense to knowingly and willfully damage the property of an energy facility. Provides for criminal penalties for any individual who escapes from civil commitment. Makes changes in the procedure governing interstate rendition and extradition of foreign criminals found in the United States. Amends the Federal criminal code to include within the protected class, for purposes of the prohibition against arson, public safety officers injured within the course of their duty. Pharmacy Protection and Violent Offender Control Act of 1983 - Establishes penalties for taking or attempting to take a controlled substance from a pharmacy, both with or without dangerous weapons. Requires the Department of Justice to include data on such crimes in its annual Uniform Crime Report. Title XI: Serious Nonviolent Offenses - Amends the Federal criminal code dealing with the sexual exploitation of children. Increases the criminal fines for violation of this section by individuals from $10,000 to $75,000 (from $15,000 to $150,000 for a second or subsequent offense). Sets a fine of $250,000 for organizations. Provides for both criminal and civil forfeiture. Requires the Attorney General to report annually to Congress on the number of cases and convictions, and the dollar amount received in forfeiture, under this section. Makes it a Federal offense for any person to give warning of an impending execution of a search warrant. Establishes a Federal offense regarding fraud or bribery in programs receiving Federal funds. Makes it a Federal crime to counterfeit or forge state or corporate securities. Revises provisions relating to receipt of stolen bank property, bribery and fraud. Provides penalties for any inmate in a Federal penal or correctional institution who possesses any contraband article. Livestock Fraud Protection Act - Provides penalties for theft of livestock. Title XII: Procedural Amendments - Makes certain procedural amendments allowing certain juveniles to be prosecuted as adults. Amends the Omnibus Crime Control and Safe Streets Act to provide for emergency interception of wire or oral communications before an order authorizing such interception can be obtained. Modifies the venue statute for threat offenses, and certain tax offenses. Authorizes the Attorney General to initiate a civil proceeding in a district court to enjoin a violation of the mail fraud statutes. Authorizes a government appeal after any decision, judgment or order in a district court granting a new trial. Amends the provisions dealing with witness relocation and protection.
United States · United States Congress · 4 August 1983
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold, aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in death of the victim; (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Authorizes the death penalty for the crime of attempting to kill the President of the United States if the attempt results in bodily injury to the President or otherwise comes dangerously close to causing his death. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Provides for the death penalty for murders committed by prisoners in Federal correctional institutions.
United States · United States Congress · 4 August 1983
Reform of Federal Intervention in State Proceedings Act of 1983 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 4 August 1983
Exclusionary Rule Limitation Act of 1983 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded in a Federal proceeding if the seizure was undertaken in a reasonable good faith belief in its conformity with the fourth amendment to the Constitution. Provides that evidence obtained in accordance with a warrant is prima facie evidence of good faith, absent intentional and material misrepresentation.
United States · United States Congress · 4 August 1983
Solar Energy National Security and Employment Act of 1983 - Amends the Solar Energy and Energy Conservation Act of 1980 to extend the life of the Solar Energy and Energy Conservation Bank until September 30, 1990. (Under current law, the Bank will not exist after September 30, 1987.) Requires that a portion of the payments by the Bank to financial institutions to provide financial assistance for the installation of solar energy systems in residential, commercial, and agricultural buildings be allocated for active solar energy. Provides that there shall be no Federal preference with respect to financial assistance between single-family and multifamily residences. Permits all financial institutions to apply directly to the Bank for financial assistance. Authorizes appropriations for FY 1985 through 1990 for the financial assistance program under the Solar Energy and Energy Conservation Act of 1980 for the purchase and installation of residential and commercial energy conserving improvements and solar energy systems. Amends the Solar Energy Research, Development, and Demonstration Act of 1974 to require the Secretary of Energy to maintain a renewable energy and energy conservation information program. (This program replaces the solar energy information program required to be established under current law.) Requires the Secretary to establish a National Appropriate Technology Service to provide individualized technical assistance to anyone interested in renewable energy and energy efficient technologies. Amends the Low-Income Home Energy Assistance Act of 1981 to permit a State to transfer up to ten percent of its allotment under the low-income home energy assistance program for States to block grants for support of energy related information systems. Requires the Department of Energy to develop a formalized information exchange on the Federal, State, and local levels with respect to conservation and renewable energy. Authorizes appropriations to provide financial assistance to States and local governments to coordinate such program. Amends the Small Business Innovation Development Act of 1982 to require that a reasonable portion of the funds appropriated for nonnuclear programs of the Department of Energy be set aside for renewable energy and energy conservation businesses. 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 Department of Energy to include renewable energy as a discrete energy sector in all publications of "The Monthly Energy Review." Requires Federal agencies with renewable energy programs to submit annual reports on such programs to Congress. Sets forth reporting requirements which apply to specified Federal agencies. Amends the Motor Vehicle Information and Cost Savings Act to require the Secretary of Transportation to consider the use or integration of renewable fuels and any approaches which maximize conservation and renewable energy applications in determining maximum feasible average fuel economy. Amends the Energy Policy and Conservation Act to require the Federal Trade Commission to prescribe labeling requirements for consumer goods particularly in cases where there is a direct consumer benefit to save energy or utilize renewable energy. Amends the Small Business Act to authorize the Small Business Administration to provide reduced-rate loans to small businesses for acquisition of system performance ratings from testing laboratories for energy conservation and renewable energy systems and technologies.
United States · United States Congress · 4 August 1983
Expresses the sense of the Senate that the United States should seek to: (1) urge other governments to conduct their own investigations of suspected chemical warfare; (2) help the United Nations gain access for U.N. investigators to areas where chemical and toxin weapons use is suspected; and (3) negotiate with the Soviet Union on strengthening existing agreements on chemical, biological, and toxin weapons.
United States · United States Congress · 28 July 1983
Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of hepatitis B vaccination and its administration for end stage renal disease patients.
United States · United States Congress · 27 July 1983
Child Support Enforcement Amendments of 1983 - Amends part D (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to make payments, in addition to those already provided under part D, to any State whose part D program is found to be exemplary in the amount of collections made, the cost efficiency with which the program is operated, or the magnitude of the costs to other assistance programs that could reasonably have been expected to occur but for the operation and the effective performance of the State's program. Repeals the present provisions for incentive payments to States and localities. Reduces Federal funding to States under part D. Eliminates funding for the planning, design, development, installation, or enhancement of an automatic data processing and information retrieval system under part D. Revises provisions of part D relating to the distribution of the amounts collected as child support by a State. Provides: (1) that amounts collected by a State under part D as support for families receiving Aid to Families With Dependent Children (part A of title IV of the Act) shall be paid to the family to the extent that such amounts exceed the amount of AFDC paid to the family but do not exceed the amount of required court ordered support; (2) that amounts in excess of those required to be paid to the family shall be retained by the State to the extent they do not exceed the total amount of AFDC previously paid to the family; and (3) that any balance shall be paid to the family. Authorizes the Secretary to make grants to States to assist in the development or improvement of clearinghouses and other information management systems to aid in the enforcement of support by facilitating the collection and exchange, both within a State and among States, of child support information. Authorizes appropriations for such purposes. Requires charging an application fee of at least $25 for child support or paternity determination services furnished under part D to individual's not otherwise eligible. Provides that the costs of providing collection services may range from three to ten percent of the amount collected. Requires a State under part D to implement procedures providing for: (1) the withholding of child support from wages if a support order has been entered by a State; (2) quasi-judicial or administrative procedures for entering child support orders which have the same force and effect as orders entered by a court; (3) the collection of past-due support from State tax refunds; (4) placing liens on real property for amounts of past-due support. Requires a designee of the Secretary to conduct a review of each State's part D program at least once every three years in order to determine the program's effectiveness and compliance with part D requirement. Requires a State under part A of title IV to have in effect a plan under part D and operate a child support program in substantial compliance (currently, in conformity) with the part D plan. Provides for reduced Federal funding under part A for any State whose part D program is not in compliance. Eliminates the requirement that before a State agency can request information from the Secretary the agency must have determined that the absent parent cannot be located through procedures under the control of the agency. Makes provisions of part A (General Provisions) of title XI of the Act relating to demonstration project authority applicable to part D. Makes modifications in the timing and content of the Secretary's annual part I report to Congress. Requires child support collected by a State on behalf of a child for whom a public agency is making foster care payments under part E (Foster Care and Adoption Assistance) of the Act to be paid to the public agency responsible for supervising placement of the child, to the extent that the amounts collected exceed the monthly foster care maintenance payments but not the monthly amount required by a court of administrative order to be paid on behalf of the child or agreed to by both parents of such child. Requires a State plan under part E to provide that all steps will be taken to secure an assignment to the State of any rights to support on behalf of each child receiving part E foster care maintenance payments.
United States · United States Congress · 26 July 1983
Honest Budgeting Act of 1983 - Amends the Federal Financing Bank Act of 1973 to require all transactions of the Federal Financing Bank to be reflected in the unified budget of the United States government. Treats amounts of loans guaranteed by a Federal agency and financed by the Bank as outlays of such agency. Treats amounts disbursed by the Bank for the purchase of loans guaranteed, loan assets sold, and debt obligations issued by a Federal agency as a means of financing that agency. Prohibits a Federal agency from issuing, selling, or guaranteeing any investment security obligations of a type formerly financed through the Bank unless such an obligation is offered for sale to the Bank.
United States · United States Congress · 21 July 1983
Authorizes the Attorney General to make contracts retaining private counsel to furnish collection services in the case of any claim of indebtedness owed the United States. Permits the head of an executive or legislative agency to refer to a private counsel so retained any claims of indebtedness owed the United States arising out of such agency's activities. Declares that for the purposes of the Fair Debt Collection Practices Act, a private counsel performing collection services under this Act shall be considered a debt collector. Requires the Attorney General to transmit to Congress a quarterly report on the activities of the Department of Justice to recover such indebtedness. Requires the Attorney General to transmit to Congress a report on the actions taken under this Act within 60 days after the date of enactment.
United States · United States Congress · 21 July 1983
Universal Telephone Service Preservation Act of 1983 - Amends the Communications Act of 1934 to direct the Federal Communications Commission to establish a system of exchange access charges in order to: (1) achieve equal treatment among all inter-local access and transport area (LATA) carriers and other customers using the services of exchange companies through direct or indirect connection; (2) assure that payments and assignments of costs relating to exchange access are carried out in a manner which is open for public examination; (3) achieve flexibility in accommodating changes in market conditions and technology; (4) establish incentives for efficient investment decisions and technological choices; and (5) ensure that exchange carriers are compensated for their costs of providing exchange access. Directs the Universal Telephone Service Joint Board (established by this Act) to establish a universal service charge schedule to insure that basic telephone service will be available at reasonable rates throughout the United States. Requires such schedule to designate universal service costs to be allocated to a Federal jurisdiction and to provide for their collection by means of a universal service charge that is payable by any interLATA carrier or any provider of interLATA services or any private system that connects directly or indirectly to any exchange carrier or any local exchange switched network used to provide basic telephone service. Entitles each exchange company qualifying for payments to 90 percent of its reasonably incurred universal service costs which are directly related to the efficient and economic provision of such service. States that universal service costs shall consist of an exchange company's costs for basic intraLATA telephone service to any points within a LATA which exceed 110 percent of the average cost of providing comparable basic intraLATA telephone service throughout the United States. Provides that, notwithstanding the above provisions, any company which qualifies for payments and whose costs for basic intraLATA telephone service to any points exceed 250 percent of the average cost of providing comparable basic intraLATA telephone service throughout the United States shall be entitled to receive 100 percent of its reasonably incurred universal service costs over 250 percent of the national average. Defines: (1) "basic telephone service" as residential service; (2) "basic intraLATA telephone service" as that portion of basic telephone service provided within a local access and transport area, including access to such service; and (3) "exchange company" as a company that offers basic telephone service and other services within one or more service areas recognized by any State regulatory commission. Authorizes the Commission to assert jurisdiction over all nontraffic sensitive subscriber loop costs to a Federal jurisdiction, in order to achieve consistency and uniformity of policy in regard to interstate and intrastate access charges. Authorizes the Commission to delegate to a State commission some or all of the Commission's authority with respect to: (1) intrastate interLATA toll service; and (2) access charges for the interconnection of exchange communications service with interstate or intrastate interLATA toll service upon a finding that such delegation would promote the purposes of this Act. Directs the Universal Telephone Service Joint Board to establish guidelines binding a State commission in the exercise of any delegated authority. Directs the Commission to establish the Universal Telephone Service Joint Board which shall be composed of five commissioners of the Commission and four commissioners nominated by the national organization of State commissions. Directs the Commission to adopt as final any decisions of the Board. Establishes a fine applicable to anyone who, with the intent to deprive any exchange company of any revenue in connection with access charges, transmits telecommunications so as to avoid accessing a local exchange in order to avoid such charges. Directs the Commission and each State regulatory authority to take action to ensure access to basic telephone lifeline service.
United States · United States Congress · 21 July 1983
Ogallala Aquifer Research and Development Act of 1983 - Amends the Water Research and Development Act of 1978 to direct the Secretary of the Interior to establish within each State of the High Plains Region an Ogallala Aquifer technical advisory committee (the State Committee). Directs such State Committee to: (1) review existing State laws concerning water management and recommend appropriate changes; (2) establish State priorities for water resources research and demonstration projects; and (3) provide information and technical assistance concerning the need for water conservation and management. Directs the Secretary to allocate annually funds to States of the High Plains Region for research in water-use efficiency, cultural methods, irrigation technologies, water-efficient crops, and water and soil conservation. Directs that such funds shall be distributed to State institutions of higher learning on the basis of merit. Directs the Secretary to divide funds among the States of the High Plains Region for research into: (1) precipitation management; (2) weather modification; (3) aquifer recharge opportunities; (4) saline water uses; (5) desalinization technologies; (6) salt-tolerant crops; and (7) local water-transfer opportunities. Directs the Secretary to allocate annually funds to High Plains Region States for grants to farmers for demonstration projects in: (1) water-efficient irrigation technologies and practices; (2) soil and water conservation management systems; and (3) the growth and marketing of more water-efficient crops. Provides that such grants to farmers shall be made on the basis of merit. Authorizes the Secretary of the Army, acting through the Chief of Engineers, to study the feasibility of water transfers into the High Plains Region, and report annually to Congress. Authorizes the Secretary to monitor the levels of the Ogallala Aquifer, and to report annually to Congress. Authorizes appropriations for FY 1985 through 1989.
United States · United States Congress · 18 July 1983
Amends the Mineral Lands Leasing Act of 1920 to: (1) repeal provisions prohibiting the issuance of a coal lease when the leaseholder has not produced coal from the lease deposits in commercial quantities for ten years; (2) eliminate the requirement that a logical mining unit be contiguous; and (3) eliminate the time requirement with respect to the provision which directs a lessee to submit an operation and reclamation plan to the Secretary of the Interior prior to taking any action on a leasehold which might cause a significant disturbance of the environment.
United States · United States Congress · 16 July 1983
Alien Education Assistance Act - Title I: General Provisions - Defines "alien children" as aliens to whom State or local educational agencies (SEAs or LEAs) provide educational services, including Cuban and Haitian refugee children (as defined under the Refugee Education Assistance Act of 1980). Authorizes appropriations for FY 1984 through 1986 for payments to which SEAs are entitled under this Act and payments for State administrative costs. Reserves up to one percent of such funds for grants to specified territories and possessions of the United States in amounts to be determined by the Secretary of Education. Reserves up to one percent of such funds for payments for State administrative costs. Sets forth provisions relating to withholding of payments. Permits classroom facilities obtained by an LEA with assistance under specified provisions of the Elementary and Secondary Education Act of 1965 to be used in any fiscal year for educational services of alien children if the number of alien children enrolled in the elementary or secondary public schools under the jurisdiction of such agency during that fiscal year is equal to at least 500 or at least five percent of the total number of students enrolled in such schools. Title II: General Assistance for Local Educational Agencies - Directs the Secretary to make payments to SEAs for FY 1984 through 1986 to assist LEAs to provide basic education for alien children. Bases the amount of such a grant to an SEA on the number of alien children in the public schools multiplied by the average per pupil exepnditure in the State, or $1,000, whichever is less. Sets forth requirements for applications by SEAs for such grants and for payments by the Secretary to SEAs having applications approved.
United States · United States Congress · 12 July 1983
First Time Homebuyer Assistance Act of 1983 - Amends the Internal Revenue Code to allow an income tax credit to first time homebuyers for interest on home mortgages in specified circumstances where State or local governments elect to participate in a mortgage credit program rather than issue mortgage subsidy bonds. Sets forth requirements for a State or local government to participate in such a mortgage credit program.
United States · United States Congress · 29 June 1983
Local Government Antitrust Act of 1983 - Declares that Federal antitrust laws shall not apply to laws or actions of local governments, excluding activities involving the sale of goods or services by such a government in competition with private persons, except to the extent Federal antitrust laws would apply to a similar State law or action.
United States · United States Congress · 29 June 1983
Amends title XVIII (Medicare) of the Social Security Act to set the cap amount for hospice care at $6,500, to be increased or decreased annually according to the consumer price index.
United States · United States Congress · 29 June 1983
Federal Credit Control Act of 1983 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office to submit to the Committees on the Budget of both Houses a fiscal policy report which includes alternative levels of new direct loan authority and new loan guarantee authority. Requires the first concurrent resolution on the budget for each fiscal year to: (1) establish the appropriate level of total new direct loan authority and total new loan guarantee authority; and (2) estimate new direct loan authority and new loan guarantee authority for each major functional category. Directs congressional committees to which allocation of new direct loan authority or new loan guarantee authority were made to subdivide such allocations among their subcommittees. Prohibits either House of Congress from considering any bill or resolution specifying fiscal year levels of new direct loan authority or new loan guarantee authority until the first concurrent resolution on the budget for such fiscal year has been agreed upon. Exempts from such proscription bills or resolutions specifying levels of new direct loan authority or levels of new loan guarantee authority for a fiscal year following the fiscal year to which the concurrent resolution applies. Requires committee reports which accompany legislation specifying levels of new direct loan authority or new loan guarantee authority, to detail how such levels compare with the appropriate level of new loan guarantee or new loan guarantee authority set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year. Requires the Director of the Congressional Budget Office to issue periodic up-to-date tabulations comparing the total new direct loan authority and the total new loan guarantee authority in enacted legislation to the appropriate level of such authority as set forth in the most recently agreed upon concurrent resolution on the budget for the fiscal year. Requires the Director to report projected total new direct loan authority and total new loan guarantee authority for each fiscal year in a period of five fiscal years. Requires the Director of the Congressional Budget Office to submit to specified congressional committees an estimate of the total new direct loan authority and the total new loan guarantee authority needed to implement bills or resolutions reported by such committees for the fiscal year in which such legislation would become effective, and for each of the four following fiscal years. Requires the President's message to Congress on the budget to include all essential facts regarding direct Federal loan obligations and loan guarantee commitments, an estimate of total budget outlays resulting from loan guarantees, and an allocation of such total budget outlays among all budget accounts for the fiscal year for which the budget is submitted and the four fiscal years thereafter. Amends the Impoundment Control Act of 1974 to require the President to include rescissions of direct loan authority or loan guarantee authority in any rescission or deferral message to Congress. Requires loan guarantee authority or direct loan authority to be fully obligated or committed unless the Congress has completed action on a recission bill rescinding a proposed amount within a prescribed 45-day period. Applies specified procedures to the disapproval of proposed deferrals of direct loan authority or loan guarantee authority. Requires the Comptroller General to report to both Houses of Congress if the President and other specified parties have failed to transmit a special message to the Congress regarding reservations or deferrals of loan guarantee authority or direct loan authority. Empowers the Comptroller General to bring a civil action in the United States District Court if direct loan authority or loan guarantee authority required to be made available for obligation or commitment has not been made available.
United States · United States Congress · 27 June 1983
National Defense Stockpile Copper Acquisition Act of 1983 - Directs the Administrator of General Services to acquire a specified quantity of copper for the National Defense Stockpile. Earmarks funds from the National Defense Stockpile Transaction Fund for such purpose.
United States · United States Congress · 23 June 1983
Authorizes the President to present on behalf of Congress a gold medal to Danny Thomas in recognition of his humanitarian efforts and outstanding work as an American. Directs the Secretary of the Treasury to strike a gold medal with suitable emblems, devices, and inscriptions to be determined by said Secretary. Provides, effective October 1, 1983, funds not to exceed $22,000 to carry out the purposes of the Act. Provides that the Secretary may cause bronze duplicates of the medal to be coined and sold under regulations prescribed by the Secretary at a price sufficient to cover the costs of producing the gold medal. Directs that the appropriation used to carry out the provisions of the Act shall be reimbursed out of the proceeds from such coin sales. Provides that the medals are to be national medals.
United States · United States Congress · 26 May 1983
Native Latex Commercialization and Economic Development Act of 1983 - Amends the Native Latex commercialization and Economic Development Act of 1978 to authorize cooperative natural latex research and development projects with Australia, Israel, and Egypt. Authorizes appropriations through FY 1987 for the Departments of Agriculture and Commerce to carry out activities under such Act. Extends reporting requirements through 1988.
United States · United States Congress · 26 May 1983
Energy Security Tax Incentives Act of 1983 - Amends the Internal Revenue Code to extend for seven years from 1985 to 1992 the availability of the investment tax credit for affirmative commitments made for solar, wind, geothermal, and biomass energy property. Requires that such affirmative commitments must be made by specified dates. Extends for two years from 1990 to 1992 the availability of the investment tax credit for affirmative commitments for synthetic fuel energy property. Extends for five years from 1982 to 1987 the date by which such affirmative commitments must be made. Includes tar sands equipment, shale oil equipment and synthetic fuel production equipment as energy property for purposes of the investment tax credit. Allows an investment tax credit for affirmative commitments made for chlor-alkali electrolytic cells.
United States · United States Congress · 25 May 1983
Permits executive and legislative agencies to make contracts with law firms for collection services, including litigation, to recover indebtedness owed the United States. Requires that such a contract include provisions: (1) permitting the agency head to resolve a dispute, compromise a claim, or end a collection action; (2) permitting the Attorney General to terminate a collection action in the public interest; and (3) requiring the law firm to report to the Attorney General and the agency head monthly on services rendered and progress made. Declares that such a law firm shall be considered to be a debt collector for the purposes of the Fair Debt Collection Practices Act. Directs the Attorney General to transmit to Congress a quarterly report on the activities of the Department of Justice to recover indebtedness owed the United States.
United States · United States Congress · 17 May 1983
Expresses the support of the Senate for Lebanon's and Israel's agreement on arrangements for the withdrawal of Israeli forces from Lebanon. Calls upon other nations to work toward the withdrawal of all foreign forces from Lebanon. Emphasizes the need of all nations to recognize the sovereignty of Lebanon. Urges Syria and the Palestine Liberation Organization to agree to the arrangements for the withdrawal of their forces from Lebanon.