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United States · Official source
1,588 records where Rep. Badham, Robert E. [R-CA-40] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 26 January 1983
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit prayer in public schools or institutions. States that no person shall be required by the United States or any State to participate in prayer.
United States · United States Congress · 25 January 1983
Prohibits the Federal Trade Commission from investigating or taking any action concerning any State regulated profession until Congress enacts legislation which expressly provides that the Commission has authority over professions and that the Commission's authority preempts State authority. Vacates any such action taken during the period beginning on January 25, 1983, and ending on the date of enactment of this Act.
United States · United States Congress · 25 January 1983
Authorizes a transportation allowance for a member of a uniformed service stationed overseas for each dependent child attending secondary school or college in the United States.
United States · United States Congress · 6 January 1983
Authorizes the classification of a named individual as a child for purposes of the Immigration and Nationality Act.
United States · United States Congress · 6 January 1983
Prohibits Federal involvement in the performance of abortions, except when the life of the mother would be endangered if the child were carried to term. Includes the following activities within the scope of this prohibition: (1) performance of an abortion by a Federal agency; (2) use of appropriated funds to perform or reimburse or refer for abortions; (3) promotion or assistance in the performance of abortions abroad; (4) contracting for insurance which pays or reimburses for abortions; (5) discrimination against an individual on the basis of that person's opposition to abortions; and (6) the withholding from a handicapped infant of nutritional sustenance, medical or surgical treatment by an institution receiving Federal assistance. Provides for expedited Supreme Court review of State laws restricting abortions or infanticide whenever such laws have been invalidated by a lower court.
United States · United States Congress · 6 January 1983
Requires that each State establish and maintain an approved workfare program as a condition of its eligibility for Federal payments or other assistance under the: (1) program of aid to families with dependent children under the Social Security Act; (2) food stamp program under the Food Stamp Act of 1977; and (3) public housing and assisted housing programs under the United States Housing Act of 1937. Requires that such State workfare program shall require every State resident applying for or receiving aid under such Federal public assistance program to perform work in return for, and as a condition for, such aid. Directs the appropriate Federal agencies to promulgate guidelines for approval, supervision, and oversight of such State workfare programs. Exempts from required participation in such programs those who are: (1) under age 18 or over age 65; (2) disabled; (3) regularly employed for at least 40 hours a week; or (4) primarily responsible for the care of a child less than three years old (or for the care of a child more than two but less than six years old if suitable child care is not available at reasonable cost). Requires that each State workfare program must provide that if any individual who is required to participate in such program refuses to accept a bona fide offer of qualified employment or to perform qualified employment, in any month, neither such individual nor any other person in the family or household of which such individual is a member shall be eligible to receive any aid under such Federal public assistance programs for that month. Requires that State workfare programs include provision for job counseling, assistance in obtaining employment outside the program, and job search activities. Provides for: (1) Federal matching funds to cover administrative costs of such State programs; (2) Federal cut-offs of funds to State agencies for failure to comply with this Act; and (3) Federal agency reports to Congress on such State programs. Authorizes appropriations.
United States · United States Congress · 6 January 1983
Amends the Internal Revenue Code to permit States and local governments to provide statements of tax refunds, credits, and offsets to individuals at any time during the calendar year for which such governments make a return, but not later than January 31 of the year following the year of the return. (Current law requires such statements to be furnished in January of the year following the year of the return.) Eliminates the requirement to furnish such statements with respect to any refunds, credits, or offsets made before January 1, 1983.
United States · United States Congress · 6 January 1983
Youth Fair Labor Standards Amendments of 1983 - Amends the Fair Labor Standards Act of 1938 to permit employers, without prior certification by the Secretary of Labor, to pay 85 percent of the minimum wage: (1) to youths under age 20, for a 365-day period; and (2) to full-time students, with proof of enrollment at an institution of higher education, for part-time work up to 20 hours per week or full-time work during vacation periods. Directs the Secretary to insure against specified violations of requirements for such special minimum wages for youths and students. Makes employers liable for unpaid wages and overtime compensation for such violations.
United States · United States Congress · 6 January 1983
Amends the National Labor Relations Act and the Railway Labor Act to eliminate all provisions authorizing union security agreements (agreements which require union membership as a condition of employment).
United States · United States Congress · 6 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits.
United States · United States Congress · 6 January 1983
Designates the month of March 1983 as National Eye Donor Month.
United States · United States Congress · 6 January 1983
Designates the week beginning March 6, 1983, as Women's History Week.
United States · United States Congress · 6 January 1983
Directs the President to designate February 16, 1983, as Lithuanian Independence Day.
United States · United States Congress · 6 January 1983
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 3 January 1983
Amends the Federal criminal code to establish mandatory minimum two-year terms of imprisonment for the Federal crimes of burglary, aggravated assault, second degree murder, commission of an offense with a firearm or destructive device, rape, and robbery (including bank robbery). Increases the minimum term to four years for repeat offenders. States that the execution or imposition of sentences: (1) may not be suspended; (2) may not include probation or parole; and (3) is not subject to good time provisions or the Federal Youth Corrections Act. Specifies mitigating circumstances for the imposition of such mandatory sentences. Requires a sentencing hearing to determine if such circumstances are applicable.
United States · United States Congress · 3 January 1983
Regulatory Procedure Act of 1982 - Title I: The Analysis, Management, and Organization of Agency Functions - Requires each executive agency and each independent regulatory agency to include in the notice of a proposed rule an explanation of the agency's determination as to whether the rule is a major rule. Directs each agency, before or upon publishing notice of a proposed rulemaking proceeding for a major rule, to issue statements concerning: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the benefits, costs, and effectiveness of the proposed rule and alternatives; (5) the advantages and disadvantages of adopting performance standards rather than design standards; (6) the technical information the agency will rely on in making the rule; and (7) the statutory authority of the agency to regulate any areas previously regulated only by State law. Requires that each agency issue additional statements upon providing notice of the promulgation of a major rule, including an analysis of the extent to which benefits of the rule justify its costs and an explanation of the selection of the rule over less costly alternatives. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions on how the public may obtain copies of agency statements on such rule; (2) send a copy of all statements required at the notice and publication of a major rule to the President; and (3) include such statements and any technical information considered in the rulemaking file. Requires agencies to provide for oral presentations at informal public hearings as part of the rulemaking proceedings for major rules. Directs agencies to allow cross-examination of persons presenting information if necessary to resolve significant issues of fact. Directs agencies to regulate such public hearings so as to ensure orderly and expeditious proceedings. Allows an agency to delay completing the rulemaking requirements of this Act if it publishes a finding that complying with such requirements before making the rule would be impracticable, unnecessary, or contrary to the public interest. Requires an agency to complete such requirements as soon as practicable after promulgating the rule unless the rule will expire within two years. Sets forth provisions governing the judicial review of agency compliance with rulemaking and rule review requirements of this Act and the President's compliance with oversight requirements. Directs the President to: (1) establish procedures for agency implementation of the requirements of this title; (2) afford the public an opportunity to comment on such procedures before adoption; and (3) monitor, review, and comment on agency compliance with such requirements. Permits the Comptroller General to review agency compliance with this Act. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of all rules the agency expects to propose, promulgate, repeal, modify, or review in the next year and specified information concerning such rules. Requires publication of the agendas of all agencies in a single issue of the Federal Register. Directs each agency to publish for public comment a proposed schedule for the review over a ten-year period of its existing major rules and other rules that may be added by the agency or the President. Directs each agency to publish its responses to public comments upon publishing the final schedule. Requires an agency to include with the publication of a major rule the date, within ten years, by which the rule must be reviewed. Requires agencies to review rules according to such schedule, excluding rules that are no longer considered to be major rules as of the review date. Directs each agency to: (1) publish a notice of the initiation of the review of a rule; (2) describe the costs, benefits, problems, and alternatives to the rule; (3) provide a period for public comment; and either (4) conduct a rulemaking proceeding to repeal or amend the rule; or (5) publish a justification of its decision to continue the rule. Permits the President to extend the review period to 15 years. Allows agencies to alter review schedules if the President agrees. Title II: Reorganizing and Improving Agency Proceedings - Amends the Administrative Procedure Act to eliminate the exemption of rules concerning loans, grants, and benefits from notice and comment rulemaking requirements. Requires that the notice of a proposed rulemaking include: (1) a statement of the objectives of the rule; (2) a statement that the agency seeks proposals from the public of alternative methods; and (3) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Requires an agency to: (1) provide a period of at least 60 days after publishing a notice of proposed rulemaking for the public to submit comments on a proposed rule; and (2) include the agency's response to such comments in the statement published with the adopted rule. Prohibits an agency from relying on any material of central relevance in a rulemaking if the material is not included in the rulemaking file or the public has not had an opportunity to comment on the material. Directs each agency to maintain a public file on each rulemaking proceeding. Allows an agency to exclude from such file any material relied upon which is exempt from public disclosure under the Freedom of Information Act, if a statement of the basis for such exclusion is included. Requires a court reviewing an agency action: (1) not to accord any presumption in favor of or against agency action; (2) in determining questions of law other than statutory jurisdiction, to give the agency's interpretation such weight as it warrants considering the agency's authority under law; (3) in making determinations concerning statutory jurisdiction, to determine whether the action is within the agency's jurisdiction on the basis of the statutory language or other indications of legislative intent; and (4) in determining whether the adoption of a rule is in accordance with law, to consider whether there is substantial support in the rulemaking file for the agency's factual determinations. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select, by a system of random selection, the court in which the record shall be filed. Authorizes the courts to postpone the effective date of the agency action as necessary to permit designation of the court of record. Prohibits agencies from paying expenses of persons participating or intervening in agency proceedings except as specifically authorized by statute. Requires each agency to submit a copy of each newly promulgated rule (with specified exceptions) to each House of Congress. Prohibits the rule from taking effect if: (1) either House adopts a resolution disapproving it within 60 legislative days after the date the rule is submitted; and (2) the other House does not disagree to such resolution within 65 legislative days after such date. Provides that a rule shall take effect the day after either House disagrees to a resolution disapproving it within such periods. Prohibits an agency from promulgating a new rule identical to a disapproved rule unless a statute is enacted that affects the agency's authority over the subject matter. Authorizes either House to adopt a resolution directing an agency to reconsider an existing rule. Requires an agency to respond to such a resolution by: (1) publishing a notice that the agency reviewed the rule and found that no action is necessary; or (2) initiating appropriate rulemaking proceedings concerning the rule. Provides that a rule which was excluded from congressional review when promulgated must be subjected to congressional review if Congress adopts a resolution for reconsideration of such rule. Exempts rules promulgated pursuant to resolutions of reconsideration from certain rulemaking requirements for major rules under title I of this Act. Sets forth House and Senate procedures for considering such resolutions of disapproval or reconsideration. Amends the rules of the House to establish a Regulatory Review Calendar to which all such resolutions shall be referred. Terminates the force and effect of any existing law governing procedures for the congressional review of agency rules with respect to rules promulgated after enactment of this Act.
United States · United States Congress · 3 January 1983
Hobbs Act Amendment of 1983 - Amends the Hobbs Act to establish penalties for obstructing, affecting, or interfering with commerce by willfully injuring, damaging, burning, or destroying to the value of $2,000 or more any real or personal property of any person at or near any place where work or business of an employer or owner is carried on or where such employer or owner transports, stores, or maintains property for business or other purposes. States that such violation, as well as the offense of interfering with commerce by extortion, shall not be nullified or mitigated even if committed in the course of a legitimate labor dispute.
United States · United States Congress · 3 January 1983
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works).
United States · United States Congress · 3 January 1983
Grants a Federal charter to the Polish Legion of American Veterans, U.S.A.
United States · United States Congress · 3 January 1983
Individual Investors' Incentive Act of 1983 - Amends the Internal Revenue Code to allow individuals a nonrefundable income tax credit for ten percent of their investment in domestic corporate stock. Limits the amount of such credit to $1,000 per year ($2,000 for joint returns). Disallows such credit if the taxpayer controls the corporation. Requires recapture of such credit if stock is disposed of within one year of purchase.
United States · United States Congress · 3 January 1983
Authorizes and requests the President to designate the week of June 26 through July 2, 1983, as National Safety in the Workplace Week.
United States · United States Congress · 3 January 1983
Authorizes and requests the President to designate December 11, 1983, as National Military Families Day.
United States · United States Congress · 13 December 1982
Space Commerce Act - Directs the Secretary of Commerce to issue licenses for launching private sector space objects. Sets forth the conditions for issuing a license, including the ability to meet liability insurance requirements. Establishes criminal penalties for launching private space objects without such a license. Directs the Secretary to establish requirements for liability insurance to be carried by any licensee. Permits the Administrator to suspend or revoke a license for failure to comply with applicable regulations. Excludes from this Act space objects launched by or on behalf of the United States Government. Establishes the Commercial Space Study Commission to study the direction of future Government involvement and regulation of private sector commercial activity in outer space. Directs the Commission to report to Congress within a specified time. Terminates the Commission 60 days after its final report.
United States · United States Congress · 1 October 1982
Declares that it should be U.S. policy to: (1) support the people of Afghanistan in their struggle to be free from foreign domination; (2) provide the Afghans, upon request, with material assistance; and (3) pursue a negotiated settlement of the war in Afghanistan based on the total withdrawal of Soviet troops and the recognition of the right of the Afghans to choose their own destiny.
United States · United States Congress · 28 September 1982
Urges the President and the Secretary of Defense to comply with the National Cemeteries Act of 1973 and arrange for the burial of an unknown soldier from the Vietnam era at Arlington National Cemetery.
United States · United States Congress · 24 September 1982
Military Widows and Surviving Children Benefits Restoration Act - Directs the head of a designated agency to make monthly payments to the surviving spouse of a veteran in the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the head of a designated agency to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before the Omnibus Budget Reconciliation Act of 1981 to certain children between the ages of 18 and 22 attending institutions of higher learning. Limits eligibility for such payments to children of veterans who died on active duty before August 13, 1981, or from a service-connected disability. Directs the Secretary of Health and Human Services to provide the designated agency head with information necessary to carry out this Act. Sets forth provisions determining time and percentage of increases in benefits, including a requirement that all payments be rounded down to the next lower multiple of $1. Directs the Secretary of Defense during FY 1983 to transfer funds from the Retired Pay, Defense account to whomever is chosen to administer this program. Requires such head to establish an account in his or her agency to receive such payments. Permits such head and the Secretary of Health and Human Services to combine specified payments into a single monthly payment.
United States · United States Congress · 22 September 1982
Urges the President to declassify and publicize to the American people existing intelligence information on the military threat to the United States and its allies posed by the Soviet Union.
United States · United States Congress · 9 September 1982
Requests the President to designate the week beginning on March 13, 1983, as National Surveyors Week.
United States · United States Congress · 18 August 1982
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 the People's Republic of China.
United States · United States Congress · 2 August 1982
Provides for the duty-free entry of a pipe organ for a named church.
United States · United States Congress · 27 July 1982
Includes periods of U.S. military and civilian service which were covered by social security as creditable service for purposes of determining the amount of an individual's civil service retirement annuity. Reduces the annuity amount by the amount of any monthly old-age or survivor's benefit to which such individual is entitled under the Social Security Act based on such Federal service. Provides for the recomputation of an annuity to which an individual became entitled before enactment of this Act.
United States · United States Congress · 20 July 1982
Extends the congratulations of Congress to the National Aeronautics and Space Administration and the individuals who contributed to the successful completion of the test flight phase of the Space Shuttle program and the entry of the United States into a new era of space flight.
United States · United States Congress · 19 July 1982
Reaffirms the commitment of the House of Representatives to the independence of Estonia, Latvia, and Lithuania. Supports the continued recognition of such governments by the United States.
United States · United States Congress · 15 July 1982
Requests the President to designate the first week in October of 1982, 1983, and 1984 as National Port Week.
United States · United States Congress · 15 July 1982
Expresses the support of the Congress for beginning strategic arms reductions talks. Urges the Soviet Union to join with the United States in concluding an equitable and verifiable agreement which freezes strategic nuclear forces at equal and substantially reduced levels. Reaffirms congressional support for the position that the United States should not enter into an arms agreement which provides for force levels inferior to those of the Soviet Union. Declares that the United States should propose practical measures to: (1) reduce the danger of accidental nuclear war; (2) prevent the use of nuclear weapons by third parties, including terrorists; and (3) halt the worldwide proliferation of nuclear weapons. Insists that any arms control agreement must be fully verifiable.
United States · United States Congress · 13 July 1982
Expresses the sense of Congress that corporations convicted during calendar year 1982 of failing to disclose payments of commissions to overseas agents should be debarred from any defense contracts for one year.
United States · United States Congress · 23 June 1982
Requests the President to designate the week of August 1 through August 7, 1982, as National Purple Heart Week.
United States · United States Congress · 23 June 1982
Designates the week commencing the fourth Monday in June 1982 as National NCO/Petty Officer Week.
United States · United States Congress · 23 June 1982
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 Commisson 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.
United States · United States Congress · 22 June 1982
Requests the President to designate the week of April 17 through April 23, 1983, as National Coin Week.
United States · United States Congress · 22 June 1982
Expresses the sense of Congress that legislation should be proposed and enacted to: (1) establish parity between the compensation of Government Printing Office (GPO) employees and the compensation of other Federal employees performing similar work; (2) fix the wages of GPO employees in accordance with the prevailing wage rate system applicable to executive branch employees; and (3) strengthen the Public Printer's ability to manage without infringing on the oversight responsibilities of the Joint Committee on Printing.
United States · United States Congress · 17 June 1982
Prohibits economic assistance to Warsaw Pact countries until the Soviet Union has signed a nuclear arms limitation agreement. Expresses the sense of the Congress that: (1) private commercial interests in the United States should refrain from making loans to Warsaw Pact countries until the Soviet Union has signed a nuclear arms limitation agreement; (2) the United States should not help if such loans are made and result in defaults; and (3) the President should seek agreements with our allies to halt the flow of economic assistance to Warsaw Pact countries until the Soviet Union has signed a nuclear arms limitation agreement.
United States · United States Congress · 17 June 1982
Expresses the sense of Congress that the Government should maintain its commitment to the research and development of magnetic fusion energy.
United States · United States Congress · 9 June 1982
Limits the outside earned income of Senators to $18,000 per calendar year.
United States · United States Congress · 3 June 1982
Designates the week of October 17 through October 23, 1982, as Myasthenia Gravis Awareness Week.
United States · United States Congress · 27 May 1982
Amends the Immigration and Nationality Act to prohibit an Immigration and Naturalization Service official or employee from entering a farm or agricultural operation without a warrant or the owner's consent.
United States · United States Congress · 26 May 1982
Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of 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. 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. Creates certain rebuttable presumptions with regard to absence of such conditions. 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. 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 who 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: Witness-Victim Protection - Witness-Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit these offenses. Grants general authority to the Attorney General to relocate or protect Government witnesses. Authorizes the Attorney General to initiate civil proceedings to restrain tampering with a witness or victim. Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or who escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims to ensure that all victims of crime are justly compensated. Title III: Controlled Substances Penalties - Controlled Substances Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Title IV: Protection of Federal Officials - Amends the Federal criminal code to make it a Federal crime to kill, assault, or kidnap a cabinet officer, the second ranking official in each executive department, the Director or Deputy Director of Central Intelligence, a U.S. Supreme Court justice or nominee, or a senior presidential or vice presidential adviser. Includes as a Federal crime any attempt or conspiracy to commit such offenses. Title V: Sentencing Reform - Sentencing Reform Act of 1982 - 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, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses, generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the 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. Title VI: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for payment for information or assistance leading to forfeiture. Terminates this program on September 30, 1984. Title VII: Offenders With Mental Disease or Defect - 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 VIII: 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 IX: - Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities. Expands explosives offenses to cover arson. Permits administrative forfeiture procedures for property valued at less than $100,000. Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his or her official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in, on, or within 1,000 feet of an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.
United States · United States Congress · 25 May 1982
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. Requires that reports filed under this Act be filed only with the Federal Election Commission (Commission). States that a principal campaign committee terminates automatically three years after the date of the last election (except in the case of a presidential candidate eligible for payments from tax deductible contributions to the Presidential Election Campaign Fund). Eliminates the Clerk of the House and the Secretary of the Senate as ex-officio members of the Commission. 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. Requires the Commission to make available to the public reports and statements filed with it, following regularly scheduled elections. Requires committees other than authorized committees to file in the State in which they are headquartered. Increases the contribution limitations for certain offices. Permits a separate segregated fund to solicit contributions from another separate segregated fund. Amends the definition for "stockholder" for purposes of the Federal Election Campaign Act. Permits political committees of political parties to engage in bona fide commercial transactions in order to defray establishment, administration, and solicitation costs. Repeals authority for the voting system study. 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 · 21 May 1982
Amends the Internal Revenue Code to exclude from gross income gain from the sale of real property to certain organizations for use for conservation purposes. Requires that such sale be on the installment method and that such conservation purpose be protected in perpetuity. Disallows such exclusion in the case of involuntary conversions. Allows an extension of time for payment of estate taxes in the case of acquisitions from a decedent's estate of real property by qualified organizations used for conservation purposes. Limits such extension to ten years after the decedent's death.
United States · United States Congress · 19 May 1982
High Technology Trade Act of 1982 - Authorizes the President to enter into bilateral or multilateral agreements to obtain the maximum openness with respect to international trade in high technology and to strengthen the international trading system. Lists policies that may be included in such agreements. Authorizes the President to: (1) proclaim changes in tariffs on high technology products; and (2) use procedures contained in the Trade Act of 1974 to change U.S. laws in order to carry out such agreements. Directs the President to determine whether certain key countries are providing national treatment for U.S. exports of high technology products and U.S. investments in high technology industries. Directs the President to enter into consultations with countries that the President determines are not providing national treatment. Directs the President to consider taking other appropriate actions if such consultations are not effective. Directs the Secretary of Commerce, in consultation with the High Technology Industry Advisory Committee, to report annually to Congress on: (1) the extent to which a key country uses industrial policies or measures which significantly distort international trade or investment and which have or may have a substantial adverse effect on the U.S. high technology industry; and (2) the steps which the President is taking or proposes to take to remedy such adverse effects. Sets forth the scope of the analysis to be included in such report. Directs the President to take whatever steps are necessary to eliminate or offset the adverse effects of foreign industrial practices that: (1) significantly distort international trade or investment harmful to the U.S. high technology industry; or (2) may result in sales of articles at less than fair market value in the United States or subsidization of articles imported into the United States and cause, or threaten to cause, material injury to any U.S. high technology industry. Directs the Secretary to establish a mechanism to analyze high technology trade and investment patterns in key countries, to evaluate competitive opportunities offered in foreign markets, and to further the objectives of this Act. Directs the United States Trade Representative (USTR) and the Secretary, after consultation with the High Technology Industry Advisory Committee, to report annually to the President on the foreign trade practices which: (1) violate U.S. international agreements; or (2) are unjustifiable and a burden on U.S. high technology products, services, or investments. Directs the President to consider what action may be taken to reduce or eliminate such measures. Directs the Secretary and the USTR to establish a High Technology Industry Advisory Committee and to consult with the Committee on actions under this Act relating to: (1) preparing negotiating positions; (2) concluding agreements; (3) imposing restrictions; or (4) monitoring the results of any such agreement or restriction. Defines terms used in this Act. Amends the Trade Act of 1974 to authorize the President to impose import restrictions on foreign direct investments in the United States if the President determines such action is appropriate to enforce U.S. rights under trade agreements or to respond to certain foreign trade practices. Requires the USTR to provide for certain consultations before recommending such restrictions to the President.