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Official portrait of Rep. Bafalis, L. A. (Skip) [R-FL-10]

Rep. Bafalis, L. A. (Skip) [R-FL-10]

United States · Official source

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  • · House of Representatives · present
  • R · R · present

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Bill· HRH.R. 7234 (97th)referred

Immigration Emergency Act

United States · United States Congress · 30 September 1982

Immigration Emergency Act - Authorizes the President to declare an immigration emergency if in his judgment: (1) a substantial number of undocumented aliens from a designated country (countries) or geographic area (areas) are ready to leave for the United States, or have already done so; and (2) the normal procedures and resources of the Immigration and Naturalization Service would be inadequate to handle the influx of these aliens. Requires the President to explain such action to the Speaker of the House and the President pro tempore of the Senate within 48 hours. Terminates such emergency period after 120 days unless ended sooner or extended by the President. Authorizes the President during an immigration emergency to: (1) prevent U.S. vessels, vehicles, or aircraft from traveling to designated countries or areas; (2) prevent inadmissible aliens from arriving by requiring their return or their vessel, vehicle, or aircraft's return to a suitable country or area; (3) exempt executive instrumentalities from additional specified environmental requirements for up to one year; and (4) designate one or more Federal agencies including the military to carry out these emergency powers (once they are invoked by the President). Requires an alien to be detained pending a final determination of admissibility. Permits the Attorney General to transfer such detained aliens at any time. Limits judicial review of the Attorney General's detention and transfer authority to habeas corpus questions of whether a particular person is within the category of aliens subject to detention. Grants search and seizure and disaster authority to agencies enforcing this Act. Prohibits U.S. conveyances to travel to, or within specified distances of, designated countries or areas during an immigration emergency without prior executive approval. Provides penalties for violations, including fines, forfeiture, and imprisonment. Provides that violations of the Immigration and Nationality Act committed during an immigration emergency may be investigated by the Federal Bureau of Investigation, the Immigration and Naturalization Service, the Coast Guard, or any component of the Department of the Treasury. Amends the Immigration and Nationality Act to increase the fine for unlawfully bringing aliens into the United States. Permits the seizure of a vessel or aircraft so involved. Authorizes up to $35,000,000 for purposes of this title.

Bill· HRH.R. 7212 (97th)referred

National Debt Retirement Act of 1982

United States · United States Congress · 29 September 1982

National Debt Retirement Act of 1982 - Amends the Federal Property and Administrative Services Act of 1949 to require the cash proceeds from the transfer, lease, or disposal of surplus government property, with specified exceptions, to be deposited into the general fund of the Treasury and used solely to retire the national debt.

Bill· HRH.R. 6971 (97th)referred

A bill to provide that disability benefits under Title II of the Social Security Act may not be terminated without evidence of medical improvement, to limit the number of periodic reviews, to provide that benefits continue to be paid through a determination by an administrative law judge, and for other purposes.

United States · United States Congress · 11 August 1982

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the termination of an individual's disability benefits on the grounds that the individual's disability has ceased or did not exist, unless the Secretary of Health and Human Services finds that: (1) there has been a medical improvement in the individual's impairment such that the individual is no longer disabled under the disability standards in effect at the time of the original disability determination; or (2) the original disability determination was clearly erroneous under the disability standards in effect at the time it was made. Makes such requirement inapplicable in the case of an individual who has demonstrated an ability to engage in substantial gainful activity. Provides that subsequent reviews of a disability determination following an initial review for purposes of determining the continuing eligibility of beneficiaries who become entitled in October 1982 and thereafter shall be at the discretion of the State agency or the Secretary, as appropriate. Requires that such individuals be notified when subsequent reviews of disability determinations are scheduled. Limits the number of reviews of disability determinations for purposes of continuing eligibility which the Secretary may conduct for individuals who become entitled to disability benefits before October 1982, but authorizes the Secretary to review, at his or her discretion, selected cases to the extent that such review will be cost-effective and that adequate personnel and time are available for such review. Permits a disability insurance beneficiary who has been found to be no longer entitled to disability benefits to elect to have such benefits continued until the disability determination has been affirmed or overturned on appeal or until the time for such an appeal has expired. Provides that benefits paid pursuant to such an election shall be considered overpayments if the decision after a hearing affirms the determination that the individual involved is no longer entitled to benefits.

Bill· HRH.R. 6970 (97th)referred

A bill to limit the obligation of funds by Federal agencies during the last two months of a fiscal year.

United States · United States Congress · 11 August 1982

Prohibits any executive agency from obligating, during the last two calendar months of FY 1983, 1984, or 1985, more than 20 percent of its total controllable budgetary resources, as defined by this Act, for such fiscal year. Authorizes the Director of the Office of Management and Budget to waive such spending limitation upon determining that it would seriously disrupt an agency program or operation, if the Director reports on such waiver to Congress before the agency violates such limitation. Requires the head of each agency to submit a report to the President and the Congress not later than 90 days after the close of each such fiscal year describing the department's or agency's compliance with this Act. Permits the Director to apportion annual appropriations and set aside reserves in a manner consistent with the purposes and requirements of this Act. Exempts reserves established to comply with a spending limitation under this Act from reporting requirements of the Impoundment Control Act of 1974.

Bill· HRH.R. 6975 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to exempt from rules relating to foreign conventions all conventions, et cetera, held on domestic cruise ships and on certain foreign cruise ships which port in qualified Caribbean Basin countries.

United States · United States Congress · 11 August 1982

Amends the Internal Revenue Code to revise requirements for the deduction of expenses incurred in attending a convention, seminar, or other meeting held on a domestic cruise ship and to extend eligibility for such deduction to a foreign cruise ship in specified Caribbean Basin countries. Permits the President to disqualify countries under certain conditions.

Bill· HRH.R. 6928 (97th)open

Humane Care and Development of Substitutes for Animals in Research Act

United States · United States Congress · 4 August 1982

Humane Care and Development of Substitutes for Animals in Research Act - Title I: Development of Improved Research and Testing Methods - Authorizes the Secretary of Health and Human Services to make awards to sponsor research and development of scientific testing methods which eliminate the use of live animals, reduce the number of live animals required, or limit animal pain and distress. Requires that applications and proposals for such awards be assessed through peer review procedures. Requires the Secretary to designate an Advisory Panel to: (1) give advice on his or her responsibilities under this Act; (2) make recommendations on specific opportunities or problems regarding research support of nonanimal testing; and (3) set up a system for insuring that applications or proposals meeting the requirements of this title receive full consideration for funding by the Department or for funding under this title. Makes funds for making awards under this title available through the allocation of research resources within the Department. Provides that the Secretary, consulting with the Environmental Protection Agency and other regulatory and scientific research agencies, shall direct the National Institutes of Health, the Food and Drug Administration, and the National Toxicology Program to: (1) promote new nonanimal testing methods; (2) evaluate existing nonanimal methods; (3) enhance and integrate data systems for more efficient use of test data involving animals; and (4) develop new methodologies for the toxicology data systems. Requires the Secretary to report to the Speaker of the House of Representatives and the President of the Senate on progress under this Act within two years after enactment of this Act and biennially thereafter. Title II: Federal Award Requirements - Requires that a research entity be accredited by a recognized accrediting agency in order to be eligible to receive a Federal award for testing involving a large number of animals. Requires the Secretary to designate accrediting agencies which: (1) are able to ascertain the qualifications of research entities to conduct testing involving animals; (2) have an accreditation system; (3) have a system for routine inspection of laboratory animal facilities at accredited research entities; (4) have established a set of standards for acceptable animal care, treatment, and use in experimental procedures; and (5) have established a mechanism for liaison with the institutional animal studies committees in accredited research entities and for the involvement of such committees in monitoring compliance with the accreditation standards. Requires research entities to comply with accreditation standards ten years after the date of enactment of this Act. Authorizes provisional accreditation in the interim period. Provides for the establishment of a Federal accreditation mechanism if there are no private agencies to carry out such functions. Provides that in order to be eligible for a Federal award for testing involving large numbers of animals, a research entity must provide to the responsible Federal agency a statement of assurances that: (1) the research entity has established an institutional animal studies committee; (2) the committee will meet regularly, make periodic inspections of all animal study areas and facilities of the research entity, review research methods and practices, and file with the responsible Federal agency certification that such inspections and reviews have occurred and reports on deficient animal care or treatment conditions; (3) the committee will maintain complete records of its activities; (4) committee members will be encouraged to notify the Animal and Plant Health Inspection Service of the Department of Agriculture, the responsible Federal agency, and the applicable accrediting agency of any unacceptable animal care conditions with respect to the research entity; and (5) the committee will establish courses, for personnel involved with animal care and use, on humane animal maintenance and experimentation and on research or testing methods that minimize animal use and animal distress. Requires that Federal support be withheld where animal care conditions are unacceptable despite notification to the research entity. Requires research entities to inform their employees of the provisions under this title and to instruct employees to report violations to the animal studies committee. Authorizes the Secretary to waive accreditation requirements under certain circumstances. Directs the Secretary to facilitate agency compliance with this title through the establishment of an information clearinghouse on animal research methods and models. Title III: Special Procedures - Prohibits Federal agency approval of a research proposal involving animal use, unless such proposal justifies any anticipated animal distress in terms of research benefits and provides for the consulting services of a veterinarian, the proper use of tranquilizers, analgesics, anesthetics, and paralytics, appropriate pre- and postsurgical care, and the limited use of animals in major operations. Makes regulations promulgated under this Act ineffective if disapproved by either House of Congress within 60 days after proposal. Title IV: Exemption - Exempts from the requirements of this Act: (1) activities intended to improve animal health, breeding, or management or wild animal conservation; and (2) specific experiments or research programs for which such requirements would present national security risks or risks to the safety of manned space flight. Title V - Terminates all authority conferred by this Act ten years after enactment.

Bill· HRH.R. 6737 (97th)open

A bill to abolish the insanity defense for Federal crimes.

United States · United States Congress · 13 July 1982

Amends the Federal criminal code to abolish the defense of insanity. Provides that insanity at the time of an offense will not negate the mental state or condition required by law to convict a defendant, provided that the defendant was able to understand the nature and consequences of the offense. Places upon the defendant the burden to prove a lack of comprehension of the nature of his offense which is necessary to excuse him from trial. Requires a judge to commit to the appropriate medical institution any defendant so excused. Allows the court to commit a convicted defendant to an appropriate institution for medical assistance, until the defendant is declared sane by the medical authorities at the institution. Requires any remainder of a sentence to be served in prison.

Bill· HRH.R. 6753 (97th)referred

A bill to establish objective criteria and procedures for closing and consolidating weather stations.

United States · United States Congress · 13 July 1982

Directs the Secretary of Commerce to give adequate public notice of any intention to close or consolidate a weather service office. Sets forth factors the Secretary must consider in deciding to close or consolidate, including the effect on the community served and the economic savings to the National Weather Service. Permits the appeal of a closing by any person served by the office to the Federal Committee for Meteorological Services and Supporting Research.

Bill· HRH.R. 6700 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to extend the targeted jobs credit, to treat certain individuals who have exhausted their rights to unemployment benefits as members of a targeted group, and for other purposes.

United States · United States Congress · 24 June 1982

Amends the Internal Revenue Code to extend the targeted jobs tax credit from 1982 to 1987. Treats as members of a targeted group certain individuals who either: (1) exhausted rights to extended unemployment compensation during 1982 or 1983; or (2) exhausted rights to regular benefits during 1982 or 1983 and who are eligible for trade readjustment allowances. Repeals the requirement that youths participating in qualified cooperative education programs be economically disadvantaged. Sets forth special rules for the treatment of reemployed individuals.

Bill· HRH.R. 6654 (97th)open

A bill to amend the Internal Revenue Code of 1954 to allow the Secretary of the Treasury to waive the interest penalty for failure to pay estimated income tax, for elderly and retired persons, in certain situations.

United States · United States Congress · 22 June 1982

Amends the Internal Revenue Code to authorize the Secretary of the Treasury to prescribe regulations exempting retirees or individuals over age 65 from interest penalties with respect to any underpayment of estimated tax. Requires that such underpayment be due to reasonable cause (defined to include mistake or ignorance of the law) and not to willful neglect.

Resolution· HCONRESH.Con.Res. 366 (97th)referred

A concurrent resolution expressing the sense of the Congress that legislation should be passed in order to make the Government Printing Office more cost-effective and efficient.

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.

Bill· HJRESH.J.Res. 499 (97th)referred

A joint resolution to amend the Social Security Act to restore the treatment of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, in relation to the budget of the United States, to the treatment of such Trust Funds before their inclusion in the unified budget of the United States.

United States · United States Congress · 7 June 1982

Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to prohibit the inclusion of the disbursements from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund and of the receipts from the old age, survivors and disability insurance taxes and the hospital insurance taxes on self-employment income, employees, and employers in the totals of the Federal budget. Exempts such disbursements and receipts from any general statutory limitation on Federal budget outlays.

Bill· HRH.R. 6497 (97th)open

Violent Crime and Drug Enforcement Improvements Act of 1982

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.

Bill· HRH.R. 6460 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to increase the amount allowed to be deducted each taxable year for expenses incurred in connection with the elimination of architectural and transportation barriers for the handicapped and elderly from $25,000 to $100,000, and to make permanent the allowance of such deduction.

United States · United States Congress · 21 May 1982

Amends the Internal Revenue Code to increase the allowable amount of the income tax deduction for eliminating architectural and transportation barriers for the handicapped and aged from $25,000 to $100,000. Makes such tax deduction permanent.

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