United States · United States Congress · 21 September 1983
Credit and Debit Card Counterfeiting and Fraud Act of 1983 - Amends the Federal criminal code to make it an offense to knowingly and with intent to defraud produce, buy, sell, or transfer a credit card or account which is counterfeit, forged, lost, or stolen. Makes it a Federal offense to possess with the intent to defraud five or more credit cards or fraudulent payment devices. Makes it unlawful to produce, buy, sell, transfer, or possess equipment used in the production of such fraudulent payment devices. Includes within the prohibition of the Act any individual who attempts or conspires to commit any of these offenses. Authorizes the United States Secret Service to investigate offenses under this section.
United States · United States Congress · 20 September 1983
Confirms the validity of all real property conveyances by the United States under specified statutes to California and Nevada, on or before July 7, 1980, even though certain properties conveyed to one State are now located in the other because of the boundary newly determined by the U.S. Supreme Court in the case of California v. Nevada, (433 U.S. 918), 1980.
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 · 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 · 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
Fringe Benefits Tax Act of 1983 - Amends the Internal Revenue Code to exclude from gross income any fringe benefit which qualifies as a: (1) no-additional-cost service or discount property; (2) working condition fringe; or (3) de minimis fringe. Provides definitions and sets forth special rules for such tax exclusion. Excludes from gross income reductions in tuition provided by an employer to employees, their spouses and dependent children. Excludes from gross income the value of lodging furnished by certain educational institutions to employees, their spouses and dependent children.
United States · United States Congress · 4 August 1983
Amends the Administrative Procedure Act to direct a court reviewing an agency action to: (1) set aside an agency rule the asserted or necessary factual basis of which is found to be without substantial support in the rulemaking file; (2) determine whether the action is within the scope of agency jurisdiction or authority on the basis of the language of the authorizing statute or, in the event of ambiguity, other ascertainable legislative intent; and (3) not accord any presumption in favor of or against agency action in determining any other questions of law.
United States · United States Congress · 3 August 1983
Coin-Operated Phonorecord Player Copyright Act of 1983 - Revises the scope of the limitations on the performance of a nondramatic musical work on a coin-operated phonorecord player (jukebox) to require: (1) the manufacturer or importer of the player, rather than the operator, to register and pay a one-time only compulsory licensing fee of $50, rather than an adjusted annual fee, to the Copyright Royalty Tribunal for distribution to the copyright holders; and (2) the operator of a currently-owned player to pay a compulsory licensing fee of up to $25 based upon the number of years of useful life remaining in the player. Directs the Register of Copyright to keep a list of all registered players. Restates the royalty distribution procedures.
United States · United States Congress · 3 August 1983
Freedom from Government Competition Act of 1983 - Requires Government agencies to obtain all goods and services from private sources unless the goods or services are required by law to be provided by such an agency, or the head of such an agency certifies to Congress his or her determination that: (1) Government production or provision of such goods or services is necessary for the national defense or for the agency to maintain the capability necessary to effectively manage goods and services provided by private sources; (2) there is no private source capable of providing the goods and services at a competitive price; or (3) the services involve the administration of public funds. Requires the Director of the Office of Management and Budget to conduct a study and submit a report to Congress identifying all current agency activities not in compliance with this Act. Requires that such report contain a schedule for transferring all such activities to the private sector within five years after the date such report is submitted.
United States · United States Congress · 3 August 1983
Amends the National Labor Relations Act to provide that membership in a labor organization is not required as a condition of employment in Federal areas located within a State or territory (thus allowing the application of State right-to-work laws).
United States · United States Congress · 2 August 1983
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1984 - Title I: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriation Act, 1984 - Appropriates funds for FY 1984 for activities of the Department of Commerce and related agencies, including: (1) general administration; (2) the Bureau of the Census; (3) economic and statistical analysis; (4) the Economic Development Administration; (5) the International Trade Administration; (6) the Minority Business Development Agency; (7) the U.S. Travel and Tourism Administration; (8) the National Oceanic and Atmospheric Administration; (9) coastal zone management (including a transfer of funds); (10) the Fishing Vessel and Gear Damage Compensation Fund; (11) the Fishermen's Contingency Fund; (12) the Foreign Fishing Observer Fund; (13) the Fishermen's Guaranty Fund; (14) the Patent and Trademark Office; (15) the National Bureau of Standards; and (16) the National Telecommunications and Information Administration. Prohibits the use of funds to sell to private interest, except with the consent of the borrower, or contract with private interests to sell or administer, any loans made under the Public Works and Economic Development Act of 1965 or any loans made under the Trade Act of 1974. Appropriates funds for FY 1984 for: (1) the Maritime Administration of the Department of Transportation for operating-differential subsidies, research and development, and operations and training. Appropriates funds for FY 1984 for: (1) administrative expenses of the Chrysler Corporation Loan Guarantee Program of the Department of the Treasury; (2) the Federal Communications Commission; (3) the Federal Maritime Commission; (4) the Federal Trade Commission; (5) the International Trade Commission; (6) the Marine Mammal Commission; (7) the Office of the U.S. Trade Representative; (8) the Securities and Exchange Commission; and (9) the Small Business Administration (including a transfer of funds). Appropriates funds for FY 1984 to the Business Loan and Investment Fund and the Surety Bond Guarantees Revolving Fund. Title II: Department of Justice and Related Agencies - Department of Justice and Related Agencies Appropriation Act, 1984 - Appropriates funds for FY 1984 for activities of the Department of Justice and related agencies, including: (1) general administration; (2) the United States Parole Commission; (3) general legal activities; (4) the Antitrust Division; (5) the Foreign Claims Settlement Commission; (6) U.S. Attorneys and Marshals; (7) support of U.S. prisoners in non-Federal institutions; (8) fees and expenses of witnesses; (9) the Community Relations Service; (10) the Federal Bureau of Investigation; (11) the Immigration and Naturalization Service; (12) the Drug Enforcement Administration; (13) the Federal Prison System (including the National Institute of Corrections and Federal Prison Industries, Inc.); (14) the Office of Justice Assistance, Research, and Statistics; and (15) the Presidential Commission on Organized Crime. Makes a specified amount of funds appropriated in this title available for official reception and representation expenses in accordance with distributions, procedures, and regulations established by the Attorney General. Appropriates funds for FY 1983 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission; and (3) the Legal Services Corporation (LSC). Imposes additional restrictions on the Legal Services Corporation. Delineates the eligibility of aliens to receive legal assistance. Requires the majority of the governing body of any legal assistance organization receiving a grant or contract from the Corporation to be attorneys admitted to practice in the State concerned and appointed by the governing bodies of bar associations the membership of which represents a majority of the attorneys practicing in the locality. Includes additional restrictions against use of Corporation funds for lobbying purposes. Sets conditions for class action suits against the Federal, State, or local governments. Title III: Department of State and Related Agencies - Department of State and Related Agencies Appropriation Act, 1984 - Appropriates funds for FY 1984 for activities of the Department of State and related agencies, including: (1) administration of foreign affairs; (2) acquisition, operation, and maintenance of buildings abroad; (3) special foreign currency program; (4) emergencies in the diplomatic and consular service; (5) buying power maintenance; (6) payment to the American Institute in Taiwan; (7) payment to the Foreign Service Retirement and Disability Fund; (8) international organizations and conferences; (9) contributions for international peacekeeping activities; (10) international commissions; (11) International Boundary and Water Commission, United States and Mexico; (12) American sections, international commissions; (13) international fisheries commissions; (14) U.S. bilateral science and technology agreements; (15) the Asia Foundation; and (16) international organizations. Prohibits the use of any of the funds appropriated in this title for: (1) paying the U.S. contribution to any international organization which engages in the direct or indirect promotion of the principle or doctrine of one world government or of one world citizenship; or (2) the promotion by any means of such principle or doctrine. Permits the availability of funds appropriated under this title for: (1) expenses of international arbitrations arising under treaties or other international agreements; and (2) salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980. Appropriates funds for FY 1984 for: (1) the Arms Control and Disarmament Agency; (2) the Board for International Broadcasting; (3) the Commission on Security and Cooperation in Europe; (4) the United States Information Agency for salaries and expenses, the special foreign currency program, and activities under the Center for Cultural and Technical Interchange Between East and West Act of 1960; and (5) the Japan-United States Friendship Commission. Title IV: The Judiciary - Judiciary Appropriation Act, 1984 - Appropriates funds for FY 1984 for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Courts of Appeals, District Courts, and other judicial services; (5) public defender services; (6) fees of jurors and commissioners; (7) expenses of operation and maintenance of the courts; (8) bankruptcy courts; (9) services for drug dependent offenders; (10) space and facilities; (11) court security; (12) the Administrative Office of the United States Courts; and (13) the Federal Judicial Center. Declares that the position of trustee coordinator in the Bankruptcy Courts of the United States shall not be limited to persons with formal legal training. Title V: General Provisions - Prohibits the use of any appropriation for publicity or propaganda purposes not authorized by the Congress. Prohibits the use of any appropriation to administer any program funded in whole or in part from foreign currencies or credits for which specific dollar appropriation has not been made. Prohibits any part of any appropriation from remaining available for obligation beyond the current fiscal year unless expressly so provided in this Act. Limits any expenditure for consulting services through procurement contract to those contracts where such expenditures are a matter of public record and available for public inspection. Prohibits the use of any of the funds appropriated under this Act for: (1) the implementation, administration, or enforcement of any regulation which has been disapproved pursuant to a resolution of disapproval; or (2) any action by the Attorney General or by the Secretary of State which is not in compliance with the provisions of the Refugee Act of 1980. Prohibits the use of funds for payment of that portion of Standard Level User Charges that are in excess of a seven percent increase over the amounts paid for such charges in FY 1983. Sets forth five conditions under which the reprograming of funds shall be prohibited without prior notification of the congressional appropriations committees. Applies this requirement, in addition, to any reprograming in excess of $250,000 or ten percent of funds.
United States · United States Congress · 28 July 1983
Amends the National Trails System Act to require that the Pony Expresses Trail, extending from Saint Joseph, Missouri, through Nebraska, Wyoming, Utah, and Nevada to Sacremento, California, be studied and considered for designation as a national scenic trail.
United States · United States Congress · 28 July 1983
Declares that all Federal right, title, and interest in specified lands in Las Vegas, Nevada, is held in trust by the United States for the Las Vegas Paiute Tribe. Declares such lands to be part of the Las Vegas Paiute Reservation.
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 · 13 July 1983
Fair Housing Amendments Act of 1983 - Enacts into law the short titles "Civil Rights Act of 1968" and "Fair Housing Act." Adds new definitions of "handicap" "conciliation" and "conciliation agreement." Excludes from the meaning of "handicap" any impairment consisting of alcohol, drug abuse or which would be a direct threat to the property or safety of others. Makes it unlawful to: (1) refuse to sell or rent to a handicapped person unless such handicap would prevent a prospective occupant from conforming to specified non-discrimination rules and practices; and (2) discriminate against a handicapped person in the conditions of sale or rental, or in the provision of related services or facilities. Includes within such discrimination a refusal to: (1) permit reasonable modifications to permit access to the premises (but only if a renter agrees to restore the premises to their original condition); and (2) make reasonable accommodations in policies, services, or facilities to afford handicapped persons ready access to and use of premises. Establishes a new administrative enforcement procedure within the Department of Housing and Urban Development (HUD). Repeals the 30 day limitation imposed on the Secretary of HUD to respond to complaints. Requires the Secretary to give notice of his or her decision whether to resolve the complaint as promptly as possible. Provides that a conciliation agreement may provide for binding arbitration of the dispute. Permits the Secretary to join additional respondents as parties to a complaint. Grants authority to certified State or local agencies to investigate and conciliate complaints. Authorizes the Secretary to refer cases to the Attorney General while in the investigative stage for the purpose of seeking preliminary judicial relief pending the administrative disposition of the complaint. Allows the Secretary to refer other cases to the Attorney General in his or her sole discretion. Provides enforcement measures for conciliation agreements and civil penalties for noncompliance. Revises the enforcement procedure for private persons. Extends the statute of limitations for two years. Allows an aggrieved individual to enforce the terms of the conciliation agreement. Grants jurisdiction to the Attorney General to commence an action or intervene in a private civil action for violation of this Act.
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 · 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 · 15 June 1983
Highway Use Tax Equalization Act of 1983 - Amends the Internal Revenue Code to repeal the highway use tax on heavy trucks. Increases the excise tax on diesel fuel from nine cents per gallon to 12 cents per gallon in 1983 and from 12 cents per gallon to 14 cents per gallon in 1984. Requires the Secretary of the Treasury to prescribe regulations exempting from such increases diesel fuel used in automobiles and light trucks.
United States · United States Congress · 14 June 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 is transferred without sale. 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.
United States · United States Congress · 8 June 1983
Housing Opportunity and Mortgage Equity Act of 1983 - Amends the Internal Revenue Code to allow an income tax deduction for cash contributions to a tax-exempt housing opportunity mortgage equity account established for the exclusive purpose of purchasing the taxpayer's first home. Limits the maximum annual deduction to $1,000 ($2,000 for a joint return), with a maximum lifetime deduction of $10,000. Phases out the deduction for individuals or couples whose income exceeds $50,000. Recaptures as ordinary income the amount of the withdrawals from the account for a home purchase over a period of the greater of five years or the number of years contributions had been made to the account. Requires that contributions to a housing opportunity mortgage equity account must be used by the end of ten years after the initial contribution. Imposes a ten percent surtax on distributions not used for the purchase of a principal residence. Requires the trustee of a housing opportunity mortgage equity account to report on the maintenance of the account. Imposes a penalty for failure to file required reports.
United States · United States Congress · 26 May 1983
Motor Vehicle Theft Law Enforcement Act of 1983 - Title I: Improved Identification for Motor Vehicle Parts and Components - Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct the Secretary of Transportation to promulgate a Federal motor vehicle security standard applicable to parts used in the manufacture of motor vehicles, other than motorcycles, after the effective date of such standard, or manufactured as new replacement parts after such date. Directs the Secretary to conduct a cost-benefit analysis before promulgating such standard, which includes the effect on domestic motor vehicle production and sales. Stipulates that the standard shall not: (1) impose additional costs upon manufacturers in excess of $10 per motor vehicle; or (2) require the identification of more than 14 parts for any motor vehicle, nine parts for any truck, or four parts for any trailer. Declares that a Federal motor vehicle standard supercedes any State or local standard. Authorizes the Secretary to conduct studies on the development of security devices and systems. Directs the Secretary to report to Congress on such devices and systems within one year of enactment. Provides for repeal of this title on a specified date. Title II: Antifencing Measures - Amends the Federal criminal code to establish penalties for removing or altering any identification number of any motor vehicle or motor vehicle part required by regulation. Requires the forfeiture of any vehicle or part which has had such number removed, with specified exceptions. Applies to the seizure and forfeiture of motor vehicles and parts those provisions of law relating to the seizure and forfeiture of vessels and merchandise under the customs laws. Establishes penalties for anyone who buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, any motor vehicle or motor vehicle part knowing that such identification number has been removed or altered. Designates as nonmailable matter any manipulative type device which is designed or adapted to operate, circumvent, remove, or render inoperative the ignition switch or lock, or door or trunk lock of two or more motor vehicles, or any advertisement for the sale of such device. Title III: Importation and Exportation Measures - Establishes criminal and civil penalties for anyone who imports, exports, or attempts to import or export any motor vehicle, off-highway vehicle or vehicle part knowing that it has been stolen or that its identification number has been altered. Amends the Tariff Act of 1930 to require persons who export or attempt to export a used motor vehicle or off- highway mobile equipment to present to the appropriate customs officers the vehicle and a document describing that vehicle. Title IV: Reporting Requirements - Directs the Secretary of Transportation to establish a task force to study problems relating to motor vehicle titling and controls over motor vehicle salvage which may affect the motor vehicle theft problem. Directs the Attorney General, in consultation with the Secretaries of the Treasury and Transportation and the Postmaster General, to report to Congress on the implementation of this Act.
United States · United States Congress · 24 May 1983
Federal Election Campaign Act Amendments of 1983 - Amends the Federal Election Campaign Act of 1971 to include in the definition of "contribution" donations made to draft clearly identified individuals to become candidates for Federal office. Exempts from the definition of "contributions" any donations to political parties or committees designated to defray establishment, administration, or solicitation costs of the Committee. Requires that these donations be reported on a semiannual basis. Extends to the national committee of a political party certain exemptions that are given to State committees. Allows a political committee of a party to utilize the expedited procedure for advisory opinion requests during the 60-day period before an election. Requires the Commission to establish time limits for investigations. Revises the investigatory procedures of the Commission. Deletes the requirement that the Court of Appeals sit en banc when hearing cases involving the constitutionality of the Act. Increases the contribution limitations for certain offices. Permits political committees of political parties to engage in bona fide commercial transactions in order to defray establishment, administration, and solicitation costs. Amends the Internal Revenue Code to provide the opportunity for a presidential general election candidate to request a hearing before the Commission if a demand for repayment of funds is made available.
United States · United States Congress · 19 May 1983
Amends the Federal Election Campaign Act (FECA) to declare that contributions, gifts, or payments by union members to a separate fund which is used by the union for political purposes must be voluntary and unrelated to moneys required as a condition of employment. Declares it to be unlawful to use moneys paid to an organization as a condition of employment for any type of election or campaign activities by such organization.
United States · United States Congress · 17 May 1983
Patent Term Restoration Act of 1983 - Amends the patent law to extend the terms of patents which encompass specified products or methods for using or producing a product, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products).
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.
United States · United States Congress · 12 May 1983
Free Market Copyright Royalty Act of 1983 - Amends the copyright law to direct the Copyright Royalty Tribunal to exempt a cable system's carriage of a national cable broadcast network signal beyond the local service area from specified adjustments in copyright royalty rates. Sets forth the criteria for determining when a television broadcast station can be classified as a national cable broadcast network. Reduces from five to three the number of commissioners on the Tribunal. Directs the Tribunal to appoint a general counsel and chief economist to its staff.
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 · 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 · 4 May 1983
Semiconductor Chip Protection Act of 1983 - Extends copyright protection to mask works. Defines a mask work as a series of related images: (1) having the predetermined, three-dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) in which the relation of the images to one another is that each image has the pattern of the surface of one form of the chip product. Excludes masks and mask works from the pictorial, graphic, or sculptural works categories. Sets forth the exclusive rights the owner of copyright holds, including the right to: (1) embody the mask work in a mask, a two- dimensional partially transparent and opaque sheet; (2) distribute a mask embodying the mask work; (3) reproduce such work on material intended to be part of the semiconductor chip product; and (4) manufacture and distribute semiconductor chip products incorporating such masks. Sets forth limitations on such exclusive rights, including compulsory licensing, as specified. Sets the copyright term for masks at ten years from first authorized distribution, use, or manufacture. Excludes an innocent purchaser in good faith of a semiconductor chip product from infringement liability. Permits the impoundment and seizure of masks made or used in violation of the copyright owner's exclusive rights.
![Official portrait of Sen. Laxalt, Paul D. [R-NV]](https://www.congress.gov/img/member/l000148_200.jpg)