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 · 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
Textile Fiber and Wool Product Identification Improvement Act - Amends the Textile Fiber Products Identification Act and the Wool Products Labeling Act of 1939 to require a textile fiber or wool product to be so labeled if it has been processed or manufactured in the United States. Requires the product, as well as the package in which it is contained, to be labeled as to country of origin. Requires catalog sales descriptions and other advertisements for textile and wool products to contain country of origin information. Requires that the identification label on imported textile fiber or wool products be affixed to the most conspicuous place on the inner side of the product.
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
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should develop and present to Congress a plan to correct the benefit disparity caused by the 1977 changes in the social security retirement benefit formula.
United States · United States Congress · 3 August 1983
Interstate Compact - Grants congressional approval to the Southeast Interstate Compact on Low-Level Radioactive Waste Management, which provides for cooperation among the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia in the management of low-level radioactive waste on a continuing basis.
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
Small Business Competition in Contracting Act of 1983 - Amends the Small Business Act to prohibit Government procurement officers from using qualified bidders or similar lists to preclude small businesses from being awarded contracts without referring the matter for final disposition to the Small Business Administration (SBA). Requires the SBA to certify small businesses as eligible to perform specific Government subcontracts if the contract involved exceeds $100,000 or the approved limits of a contractor's procurement system, whichever is greater. Provides that a Government procurement officer may not refuse to include a product of a small business concern or group of small business concerns on a qualified products list without referring the matter for final disposition to the SBA. Prohibits the SBA from: (1) establishing an exemption from the requirements that Government procurement officers refer questions as to a small business' eligibility as a Government contractor to the SBA for disposition; or (2) refusing to accept such a referral. Requires prime contractors on Government procurement contracts (in excess of $500,000 or $1,000,000 for construction) to develop and submit a plan to Government agencies for placing subcontracts in designated areas of high unemployment. Declares it to be the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the award of Government prime contracts and subcontracts for appropriate portions of component systems, spare parts, and services for major weapon systems. Provides that during the planning for contracts for the procurement and performance of services or for the production or assembly of goods for major weapon systems, the head of each Federal agency shall maximize competition for such components or services so as to insure to the maximum extent practicable that small and small disadvantaged businesses are not precluded from performing as prime contractors and subcontractors on such contracts. Requires Federal agencies to publicly post and make available to small businesses information concerning the agencies' solicitations, unless such disclosure of information would be a breach of security or would disclose the Government's cost estimate for the procurement. Directs the Department of Defense to use funds appropriated for the development or production of any major weapon system to acquire manufacturing data relating to such system. Requires contracts entered into by any military department for the development or production of any major weapons system to contain provisions insuring the Government's acquisition of such manufacturing data, including conditions under which the contractor waives proprietary rights with respect to data necessary for the performance of such contracts. Provides waiver authority upon notification to specified congressional committees in instances where the military department determines that manufacturing technical data is not necessary. Directs each military department, within a specified time, to complete an inventory of the manufacturing technical data which the Government has in its possession or to which it has access. Directs the Comptroller General of the United States to transmit to Congress, within three years after enactment of this Act, a report evaluating each military department's efforts to compile an inventory of the manufacturing data in its possession or to which it has access. Provides that the exclusive remedy for the violation of protected information by the Government is a suit in the United States Claims Court for damages. States that Federal procurement rulemaking is to be covered under the Administrative Procedure Act.
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 · 26 July 1983
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage, when such beverage has substantial competition from other malt beverages in an area, from: (1) entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State; or (2) limiting such distributor to the sale of such beverage for ultimate resale to consumers in such area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 21 July 1983
Requires the Secretary of the Interior to convey, without consideration, all Federal right, title and interest in specified desalting test facilities to: (1) the town of Wrightsville Beach, North Carolina; and (2) the town of Roswell, New Mexico. Conditions such conveyances upon specified circumstances. States that title reverts to the United States if the property should cease to be used for public purposes.
United States · United States Congress · 20 July 1983
Expresses the sense of the Senate that the President should: (1) proclaim his intention to establish a Productivity and Quality Award to be made to businesses, workers, other individuals, and public sector organizations that make major contributions toward sustained improvement in productivity and quality performance; and (2) establish a President's interagency Productivity and Quality Award Committee to recommend criteria for such awards and to design certificates and medals of commendation for presentation to award recipients.
United States · United States Congress · 20 July 1983
Expresses the sense of the Congress that further expansion of cargo preference requirements, either for commercial or other trade, should not be imposed.
United States · United States Congress · 14 July 1983
Commercial Aircraft Fire Safety Act of 1984 - Amends the Federal Aviation Act of 1958 to require fire equipment on certain passenger-carrying aircraft in the lavatory and galley areas.
United States · United States Congress · 29 June 1983
Disapproves the President's recommendation to extend the President's authority to waive the freedom of emigration requirements under the Trade Act of 1974 in order to extend the most-favored nation status of Romania.
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 · 14 June 1983
Authorizes the Secretary of the Army, acting through the Chief of Engineers, to use land within the boundaries of the Cape Hatteras National Seashore and the Pea Island National Wildlife Refuge in connection with the navigation project for Manteo (Shallowbag) Bay, North Carolina.
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 · 13 June 1983
Government Printing Office Pay Reform Act of 1983 - Requires the pay of Government Printing Office employees to be administered under the prevailing rate system and the General Schedule. Provides that employees who, upon enactment of this Act, hold positions for which the pay rates are determined by conference with the Public Printer or by appeal to the Joint Committee on Printing, shall, with specified exceptions, continue to receive basic pay at a rate not below the rate in effect immediately before enactment of this Act, plus any increase payable under the prevailing rate system or the General Schedule. Repeals the limitation on the number of apprentices that the Public Printer may employ at one time.
United States · United States Congress · 6 June 1983
Federal Neutrality Act of 1983 - Prohibits the disbursement of Government funds to any tax- exempt organization which engages in political advocacy or which is an affiliate of any organization which engages in political advocacy. Requires all U.S. agencies and departments which disburse such funds to adopt regulations requiring recipient organizations to disclose certain information. Requires all agencies and departments to perform annual audits of any recipient organizations to which they have disbursed funds. Requires recipient organizations to certify, under penalty of perjury, that they are not engaged in political advocacy.
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 · 24 May 1983
Expresses the sense of the Congress that: (1) the National Conference of Commissioners on Uniform State Laws should develop a model State act (and interstate recognition and enforcement procedures) providing grandparents with adequate rights to petition in State courts for privileges to visit their grandchildren after a dissolution of the parents' marriage; (2) States should adopt such model State act; and (3) the Secretary of Health and Human Services, through the National Center for Child Abuse and Neglect, should provide technical assistance to States in developing guidelines which help determine the best interests of the child in such cases and which take into account the ability of grandparents to help satisfy such child's need for continuity of care.
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 · 19 May 1983
Expresses the sense of the Congress that the President should urge the Soviet Union to terminate its jamming of Voice of America and Radio Free Europe and Radio Liberty broadcasts.
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
Food Stamp Optional Block Grant Act of 1983 - Authorizes a State to elect to operate a low-income nutritional assistance block grant program to finance expenditures for food assistance for needy persons. Directs the Secretary of Agriculture to provide such States with a block grant in an amount based on a percentage of the fiscal year funds appropriated for the food stamp program. Authorizes the Secretary, at the request of an Indian tribe or tribal organization within a block grant State, to reserve a determined amount of such grant for the direct use of such tribe. Sets forth procedures for application and requirements for eligibility for block grants. Prohibits the use of such grants for construction. Sets forth procedures for the Secretary and the Comptroller General to assure compliance with this section.
United States · United States Congress · 11 May 1983
Church Audit Procedures Act of 1983 - Amends the Internal Revenue Code to restrict the Secretary of the Treasury from investigating or auditing churches unless the Secretary possesses evidence causing him to believe that a church: (1) is carrying on an unrelated trade or business; or (2) should not be granted tax-exempt status. Restricts the Secretary from beginning any investigation unless he has first provided the church with written notice that an investigation is being commenced. Sets forth the requirements of such notice. Requires that the Secretary must first approve an application by the regional counsel of the internal revenue region for examination of church records and religious activities before beginning any such examination. Requires the Secretary, prior to the approval of any such application, to offer in writing an opportunity for a conference to discuss facts, evidence and issues relevant to the investigation. Requires the Secretary to notify the church in writing of the approval of the application for examination at least 15 days prior to the commencement of such examination. Limits the examination of religious activities to that necessary to determine whether an organization is a church or convention or association of churches. Limits the examination of church records to that necessary to determine the amount of tax imposed. Allows an organization which claims that the Secretary has violated the provisions of this Act to bring a civil action for injunctive relief against the Secretary. Reduces the statute of limitations for collection after assessment of tax to three years in the case of any organization which is a church or convention or association of churches.
United States · United States Congress · 11 May 1983
Disapproves the proposal of the Study Group on Senate Practices and Procedures to abolish the Committee on Veterans' Affairs by merging it with the Committee on Armed Services.
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.
United States · United States Congress · 4 May 1983
Amends the National Labor Relations Act to eliminate the provision which permits union security agreements (i.e., agreements requiring membership in a labor union as a condition of employment) to affect an employees' right to refrain from labor union activities.
![Official portrait of Sen. East, John P. [R-NC]](https://www.congress.gov/img/member/e000017_200.jpg)