United States · United States Congress · 3 December 1982
Federal Anti-Tampering Act - Amends the Federal Criminal Code to make it a Federal offense to maliciously cause bodily injury or death to any person by tampering with any article, product, or commodity which is produced or distributed for human use or consumption. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results.
United States · United States Congress · 2 December 1982
Omnibus Bankruptcy and Court Improvement Act - Title I: Federal Court Reform Act of 1982 - Subtitle A: Federal Court Reform - Federal Court Reform Act of 1982 - Part 1: Supreme Court Review - Makes review of a Federal district or appellate court or highest State Court decision which holds a Federal or State law unconstitutional reviewable by the Supreme Court by writ of certiorari, instead of appeal as currently authorized. Authorizes Supreme Court review, by writ of certiorari, of final judgments or decrees rendered by the highest court of a State in a case where the validity of a treaty or statute is in question or where the validity of a statute of Puerto Rico is in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States. Amends various provisions of Federal law (including the Federal Election Campaign Act, the Trans-Alaska Pipeline Authorization Act, and the Regional Rail Reorganization Act of 1973) to provide that certain cases will now be heard by the Supreme Court under its discretionary certiorari authority instead of hearing such appeals directly. Part 2: Jurors and Summons for Jury Service - Provides workmen's compensation for individuals injured during Federal jury duty. Authorizes the award of attorney's fees in cases involving appointed counsel where an employee has brought suit against his or her employer because the employer discriminated against the employee on the basis of jury service. Permits the use of first class mail to notify individuals of jury service. Part 3: Civil Priorities - Requires each court of the United States to determine the order in which civil actions are heard and determined. Authorizes the Judicial Conference of the United States to modify the rules adopted by the courts in order to establish consistency. Amends over 80 priority or expediting provisions relating to civil actions. Subtitle B: Diversity Jurisdiction - Diversity Jurisdiction Reform Act of 1982 - Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts, but retains as a basis of jurisdiction "alienage," involving foreign states or citizens of foreign states. Increases the amount in controversy requirement in such cases from $10,000 to $25,000. Retains as a basis for Federal jurisdiction statutory interpleader, which includes actions between citizens of different States. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated. Subtitle C: Judicial Survivors' Annuities - Judicial Survivors' Annuities Reform Act of 1982 - Amends the Judicial Survivors' Annuities Reform Act to revise the annuity program for survivors of Federal Justices, judges, and judicial officers. Makes the benefits conferred by this Act immediately available to any eligible individual. Permits a judicial officer who has participated in such annuity program to withdraw, in writing, according to specified procedures. Subtitle D: State Justice Institute - State Justice Institute Act of 1982 - Establishes the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Permits the Institute to be incorporated in any State or the District of Columbia. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems. Authorizes appropriations for FY 1982 through 1984 to carry out this subtitle. Subtitle E: Federal Courts Study Commission - Federal Courts Study Act - Establishes a Federal Courts Study Commission on the future of the judiciary. Directs the Commission to: (1) make a complete study of the jurisdiction of the courts of the United States and of the States; (2) recommend revisions to the Constitution and laws of the United States; (3) review studies on the effectiveness of the courts; (4) develop a long-range plan for the judicial system; (5) report annually to Congress and the President; and (6) make any recommendations it deems advisable annually. Provides that the Commission shall have 14 members with (1) four appointed by the President; (2) two Members of the Senate appointed by the President pro tempore of the Senate; (3) two Members of the House of Representatives appointed by the Speaker; (4) four appointed by the Chief Justice; and (5) two appointed by the Conference of Chief Justices. Provides for representation from the different major political parties. Terminates the Commission 90 days after it submits its final report which is due ten years after enactment and is to contain a detailed statement of the Commission's findings and conclusions. Authorizes appropriations for FY 1983 through 1992 to carry out this subtitle. Subtitle F: Intercircuit Tribunal - Intercircuit Tribunal of the United States Courts of Appeals Act - Establishes an Intercircuit Tribunal of the United States Court of Appeals composed of between 14 and 22 circuit judges. Directs that the principal office of such Tribunal shall be in the District of Columbia. Grants to the Tribunal jurisdiction over cases referred to it by the Supreme Court. Declares that decisions of the Tribunal shall be binding on all U.S. courts unless modified or overruled by the Supreme Court. Authorizes appropriations to carry out this subtitle. Directs the Tribunal, in consultation with the Director of the Administrative Office of the United States Courts, to report to Congress on its activities by October 1, 1986. Terminates the Tribunal on September 30, 1987. Subtitle G: United States Trustee Program - United States Trustee Program Act of 1982 - Repeals provisions of law which provided for the termination of the United States Trustee Program (a program which provides for trustees in bankruptcy cases). Establishes the Administrative Center of the United States as an independent establishment in the judicial branch to be supervised by a Director and Deputy Director appointed by the Chief Justice. Requires the Center to provide for the establishment of an office of the United States trustee in each judicial district in which a majority of the district judges assigned to a bankruptcy division recommend the establishment of an office. Provides that the office shall be supervised by a United States trustee appointed by the Director. Requires each U.S. trustee, in addition to his or her present duties, to aggregate, to the extent deemed appropriate, moneys of estates for which such trustee serves as trustee for deposit or investment, in order to increase the return on such money, taking into account the safety of such deposit or investment. Requires the trustee to maintain complete records identifying separately the money of each estate included in such an aggregation. Title II: Judicial Powers Amendments - Subtitle A: Bankruptcy Court Act - Bankruptcy Division Act of 1982 - Provides for the appointment of U.S. bankruptcy judges under Article III of the Constitution. Provides for a transition period to the new bankruptcy court structure through September 30, 1983. Provides that in each judicial district there shall be a division of the district court known as the bankruptcy division of the district court. Directs the President to appoint, by and with the advice and consent of the Senate, bankruptcy judges. Provides that the establishment of bankruptcy appellate panels shall be optional within each circuit. Sets forth provisions relating to bankruptcy clerks, reporters, and other employees. Provides that courts of appeals shall have jurisdiction from all final decisions of bankruptcy appellate panels, or from a final judgment of a bankruptcy division if the parties agree to a direct appeal. Sets forth provisions relating to jurisdiction, venue, procedure, and removal to bankruptcy courts. Sets forth a provision relating to habeas corpus from bankruptcy courts. Sets forth provisions relating to bankruptcy cases, matters, and proceedings during the transitional period. Directs the President to nominate a bankruptcy judge whenever a vacancy occurs. Directs the Attorney General to assist the President. Subtitle B: Omnibus Judgeships - Omnibus Judgeship Act of 1982 - Authorizes 15 additional judicial positions for the Federal courts of appeals and 31 positions for the district courts. Authorizes appropriations for such purpose. Title III: Bankruptcy Improvements - Subtitle A: Consumer Credit Amendments - Amends title 11 (Bankruptcy) of the United States Code to define "anticipated disposable income" and "reasonable portion of debts". Defines anticipated disposable income as: (1) income that the debtor has, at the time of the commencement of the case, a reasonable expectation of receiving for the foreseeable future; less (2) expenditures that the debtor has, at the time of the commencement of the case, a reasonable expectation of making to support the debtor and the debtor's dependents, and to operate any business of the debtor, for the foreseeable future, based on the level of support and operation, that the debtor generally and reasonably provided before the commencement of the case and on any change in circumstances that may affect such level. Defines the reasonable portion of debts as 50 percent in amount of the debtor's debts, excluding a debt secured by a first security interest in the debtor's principal residence. Requires a debtor to file a list of creditors, and unless the court orders otherwise a schedule of assets and liabilities, and a statement of the debtor's financial affairs including a statement of income for the foreseeable future, and a statement expressing the debtor's present intention with respect to retention or surrender of collateral. Repeals provisions concerning exempt property which permitted the exemption of any interest in property in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law. Limits to $3,000 in total value the amount of the debtors interest which may be exempted in household furnishings, household goods, wearing apparel, books, crops, animals, or musical interests held primarily for personal or household use. Presumes nondischargeable any debt incurred on or within 40 days before the date of the filing of a petition. Authorizes the court to dismiss a case, before granting a discharge on the motion of a creditor holding an unsecured claim or one reasonably believed to be allowable, only if: (1) the debtor is an individual; (2) anticipated disposable income for a reasonable period after the commencement of the case would be sufficient to repay a reasonable portion of debts; (3) and dismissal of the case will not impose an undue hardship on the debtor or a dependent of the debtor. Authorizes a debtor to redeem tangible personal property from a nonpossessory, nonpurchase money security interest by making deferred cash payments over a period of up to five years, if such tangible personal property consists of specified household goods and tools of the debtor's trade. Requires payments under an adjustment of debts payment plan to commence within 30 days after the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Allows a debtor to choose such a repayment plan of up to five years. Prohibits the approval of an adjustment plan if the party in interest objects to the confirmation of the adjustment plan, unless: (1) the value of the property to be distributed under the plan on account of allowed unsecured claims is not less than the amount of such claims; or (2) the plan provides that all of the debtor's disposable income to be received in the three-year period beginning on the date that the first payment is due under the plan shall be applied to make payments under the plan. Permits the modification of a plan any time after confirmation but before completion of payments if any change in the debtor's projected disposable income causes the plan to fail to satisfy both of the above two requirements. Subtitle B: Grain Elevator Bankruptcy Amendments - Amends the Bankruptcy Reform Act of 1978 to permit a bankruptcy court to expedite the procedures for the determination of interests in and the disposition of grain and proceeds of grain held by debtors who own or operate grain storage facilities. Allows the shortening of time periods applicable for such procedures and establishment of a timetable for the completion of certain procedures. Permits such time periods and timetable to be modified by the court for good cause shown. Sets forth the criteria by which such time periods may be shortened and the procedures which may be expedited. Requires notice to any governmental unit with regulatory jurisdiction over the operation or liquidation of the debtor or his business of any request made or order entered into for expedited determinations of interest. Requires the trustee to consult with such governmental unit before taking any action relating to the disposition of grain in the control of the debtor or the estate. Declares that unless such an order is stayed pending appeal, the reversal or modification on appeal of an order establishing an expedited procedure or determining any interest in or approving any disposition of grain or its proceeds does not affect validity. Prohibits the court or the trustee from delaying any other proceeding in the particular case on account of the appeal. Permits the trustee to recover from grain and proceeds of grain the reasonable and necessary costs and expenses attributable to preserving and disposing of grain or its proceeds, but not any other costs or expenses. Subtitle C: Leasehold Management - Leasehold Management Bankruptcy Amendments Act of 1982 - Provides that in a bankruptcy case involving the adjustment of the debts of an individual with regular income, reorganization, or the adjustment of the debts of a municipality, if the trustee does not assume or reject an unexpired lease of the debtor within 120 days after the order for relief, or within such other period as the court, within the 120 day period, fixes, then such lease is rejected. Subtitle D: Referees Salary and Expense Fund - Referees Salary and Expense Fund Act of 1982 - Amends the Federal bankruptcy law to apply a $200,000 ceiling to fees from the referees' fund for any reorganization case confirmed before September 30, 1979, where such fees were not determined until after that date. Provides that after September 30, 1979, all moneys collected for payment into the referees' salary and expense fund in cases filed under the Bankruptcy Act shall be collected and paid into the general fund of the treasury. Title IV: Technical Bankruptcy Amendments - Bankruptcy Technical Amendments Act of 1982 - Subtitle A: Amendments to Title 11 of the United States Code - Amends Federal law to make technical and grammatical corrections to the Bankruptcy code. Subtitle B: Amendments to Title 28 of the United States Code - Amends Federal law to make technical amendments to the Bankruptcy code. Declares that an order of discharge or an order of confirmation in a bankruptcy case which has become final may be registered in any other district by filing in the office of the clerk of the bankruptcy court of that other district a certified copy of the order. Subtitle C: Amendments to the Act of November 6, 1978 - Amends Federal law to make technical corrections to the Bankruptcy code relating to the transition period of the bankruptcy system. Subtitle D: Amendments to Other Acts - Amends the Perishable Agricultural Commodities Act of 1930, the Federal Mine Safety and Health Act of 1977, and the Securities Investor Protection Act of 1970 to make technical and conforming amendments. Subtitle E: Effective Dates - Sets forth the effective dates for the amendments made by this title.
United States · United States Congress · 29 November 1982
Establishes the Commission on the Bicentennial of the United States Constitution. Requires the Commission to: (1) plan and develop appropriate activities to commemorate the bicentennial of the Constitution; (2) encourage private organizations, and State and local governments to organize and participate in bicentennial activities; (3) coordinate activities throughout all the States; and (4) serve as a clearinghouse for the collection and dissemination of bicentennial information. Directs the Commission to seek assistance from private and governmental agencies and organizations. Requires the Commission to submit a report of its recommendations to the President, Congress and the Judicial Conference within two years of enactment of this Act and annually until its termination. Terminates the Commission on December 31, 1989. Authorizes appropriations for FY 1983 and such sums as necessary through FY 1989.
United States · United States Congress · 1 October 1982
Omnibus Bankruptcy and Court Improvement Act - Title I: Federal Court Reform Act of 1982 - Subtitle A: Federal Court Reform - Federal Court Reform Act of 1982 - Part 1: Supreme Court Review - Makes review of a Federal district or appellate court or highest State Court decision which holds a Federal or State law unconstitutional reviewable by the Supreme Court by writ of certiorari, instead of appeal as currently authorized. Authorizes Supreme Court review, by writ of certiorari, of final judgments or decrees rendered by the highest court of a State in a case where the validity of a treaty or statute is in question or where the validity of a statute of Puerto Rico is in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States. Amends various provisions of Federal law (including the Federal Election Campaign Act, the Trans-Alaska Pipeline Authorization Act, and the Regional Rail Reorganization Act of 1973) to provide that certain cases will now be heard by the Supreme Court under its discretionary certiorari authority instead of hearing such appeals directly. Part 2: Jurors and Summons for Jury Service - Provides workmen's compensation for individuals injured during Federal jury duty. Authorizes the award of attorney's fees in cases involving appointed counsel where an employee has brought suit against his or her employer because the employer discriminated against the employee on the basis of jury service. Permits the use of first class mail to notify individuals of jury service. Part 3: Civil Priorities - Requires each court of the United States to determine the order in which civil actions are heard and determined. Authorizes the Judicial Conference of the United States to modify the rules adopted by the courts in order to establish consistency. Amends over 80 priority or expediting provisions relating to civil actions. Subtitle B: Diversity Jurisdiction - Diversity Jurisdiction Reform Act of 1982 - Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts, but retains as a basis of jurisdiction "alienage," involving foreign states or citizens of foreign states. Increases the amount in controversy requirement in such cases from $10,000 to $25,000. Retains as a basis for Federal jurisdiction statutory interpleader, which includes actions between citizens of different States. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated. Subtitle C: Judicial Survivors' Annuities - Judicial Survivors' Annuities Reform Act of 1982 - Amends the Judicial Survivors' Annuities Reform Act to revise the annuity program for survivors of Federal Justices, judges, and judicial officers. Makes the benefits conferred by this Act immediately available to any eligible individual. Permits a judicial officer who has participated in such annuity program to withdraw, in writing, according to specified procedures. Subtitle D: State Justice Institute - State Justice Institute Act of 1982 - Establishes the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Permits the Institute to be incorporated in any State or the District of Columbia. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems. Authorizes appropriations for FY 1982 through 1984 to carry out this subtitle. Subtitle E: Federal Courts Study Commission - Federal Courts Study Act - Establishes a Federal Courts Study Commission on the future of the judiciary. Directs the Commission to: (1) make a complete study of the jurisdiction of the courts of the United States and of the States; (2) recommend revisions to the Constitution and laws of the United States; (3) review studies on the effectiveness of the courts; (4) develop a long-range plan for the judicial system; (5) report annually to Congress and the President; and (6) make any recommendations it deems advisable annually. Provides that the Commission shall have 14 members with (1) four appointed by the President; (2) two Members of the Senate appointed by the President pro tempore of the Senate; (3) two Members of the House of Representatives appointed by the Speaker; (4) four appointed by the Chief Justice; and (5) two appointed by the Conference of Chief Justices. Provides for representation from the different major political parties. Terminates the Commission 90 days after it submits its final report which is due ten years after enactment and is to contain a detailed statement of the Commission's findings and conclusions. Authorizes appropriations for FY 1983 through 1992 to carry out this subtitle. Subtitle F: Intercircuit Tribunal - Intercircuit Tribunal of the United States Courts of Appeals Act - Establishes an Intercircuit Tribunal of the United States Court of Appeals composed of between 14 and 22 circuit judges. Directs that the principal office of such Tribunal shall be in the District of Columbia. Grants to the Tribunal jurisdiction over cases referred to it by the Supreme Court. Declares that decisions of the Tribunal shall be binding on all U.S. courts unless modified or overruled by the Supreme Court. Authorizes appropriations to carry out this subtitle. Directs the Tribunal, in consultation with the Director of the Administrative Office of the United States Courts, to report to Congress on its activities by October 1, 1986. Terminates the Tribunal on September 30, 1987. Subtitle G: United States Trustee Program - United States Trustee Program Act of 1982 - Repeals provisions of law which provided for the termination of the United States Trustee Program (a program which provides for trustees in bankruptcy cases). Establishes the Administrative Center of the United States as an independent establishment in the judicial branch to be supervised by a Director and Deputy Director appointed by the Chief Justice. Requires the Center to provide for the establishment of an office of the United States trustee in each judicial district in which a majority of the district judges assigned to a bankruptcy division recommend the establishment of an office. Provides that the office shall be supervised by a United States trustee appointed by the Director. Requires each U.S. trustee, in addition to his or her present duties, to aggregate, to the extent deemed appropriate, moneys of estates for which such trustee serves as trustee for deposit or investment, in order to increase the return on such money, taking into account the safety of such deposit or investment. Requires the trustee to maintain complete records identifying separately the money of each estate included in such an aggregation. Title II: Judicial Powers Amendments - Subtitle A: Bankruptcy Court Act - Bankruptcy Division Act of 1982 - Provides for the appointment of U.S. bankruptcy judges under Article III of the Constitution. Provides for a transition period to the new bankruptcy court structure through September 30, 1983. Provides that in each judicial district there shall be a division of the district court known as the bankruptcy division of the district court. Directs the President to appoint, by and with the advice and consent of the Senate, bankruptcy judges. Provides that the establishment of bankruptcy appellate panels shall be optional within each circuit. Provides that courts of appeals shall have jurisdiction from all final decisions of bankruptcy appellate panels, or from a final judgment of a bankruptcy division if the parties agree to a direct appeal. Sets forth provisions relating to jurisdiction, venue, procedure, and removal to bankruptcy courts. Sets forth a provision relating to habeas corpus from bankruptcy courts. Sets forth provisions relating to bankruptcy cases, matters, and proceedings during the transitional period. Directs the President to nominate a bankruptcy judge whenever a vacancy occurs. Directs the Attorney General to assist the President. Subtitle B: Omnibus Judgeships - Omnibus Judgeship Act of 1982 - Authorizes 15 additional judicial positions for the Federal courts of appeals and 31 positions for the district courts. Authorizes appropriations for such purpose. Title III: Bankruptcy Improvements - Subtitle A: Consumer Credit Amendments - Amends title 11 (Bankruptcy) of the United States Code to define "anticipated disposable income" and "reasonable portion of debts." Defines anticipated disposable income as: (1) income that the debtor has, at the time of the commencement of the case, a reasonable expectation of receiving for the foreseeable future; less (2) expenditures that the debtor has, at the time of the commencement of the case, a reasonable expectation of making to support the debtor and the debtor's dependents, and to operate any business of the debtor, for the foreseeable future, based on the level of support and operation, that the debtor generally and reasonably provided before the commencement of the case and on any change in circumstances that may affect such level. Defines reasonable portion of debt as 70 percent in amount of the debtor's debts listed on the schedule of liabilities, excluding a debt secured by a first security interest in the debtor's principal residence. Requires a debtor to file a list of creditors, and unless the court orders otherwise a schedule of assets and liabilities, and a statement of the debtor's financial affairs including a statement of income for the foreseeable future, and a statement expressing the debtor's present intention with respect to retention or surrender of collateral. Repeals provisions concerning exempt property which permitted the exemption of any interest in property in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law. Limits to $3,000 in total value the amount of the debtors interest which may be exempted in household furnishings, household goods, wearing apparel, books, crops, animals, or musical instruments held primarily for personal or household use. Presumes nondischargeable any debt incurred on or within 40 days before the date of the filing of a petition. Authorizes the court to dismiss a case, before granting a discharge on the motion of a creditor holding an unsecured claim or one reasonably believed to be allowable, only if: (1) the debtor is an individual; (2) anticipated disposable income for a reasonable period after the commencement of the case equals or exceeds a reasonable portion of debts; (3) it would be inequitable not to dismiss the case; and (4) dismissal of the case will not impose an undue hardship on the debtor or a dependent of the debtor. Authorizes a debtor to redeem tangible personal property from a nonpossessory, nonpurchase money security interest by making deferred cash payments over a period of up to five years, if such tangible personal property consists of specified household goods and tools of the debtor's trade. Requires payments under an adjustment of debts payment plan to commence within 30 days after the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Allows a debtor to choose such a repayment plan of up to five years. Prohibits the approval of an adjustment plan if the holder of an allowed unsecured claim objects to the confirmation of the adjustment plan, unless: (1) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim; or (2) the plan provides that all of the debtor's projected disposable income to be received in the three-year period beginning on the date that the first payment is due under the plan shall be applied to make payments under the plan. Permits the modification of a plan any time after confirmation but before completion of payments if any change in the debtor's projected disposable income causes the plan to fail to satisfy both of the above two requirements. Defines "disposable income" for purposes of this paragraph to mean income received by the debtor and which is not reasonably expected to be spent: (1) to support the debtor; or (2) if the debtor is in business, for the payment of actual expenses incurred in operating such business. Requires a debtor to begin payments proposed by a plan within 30 days after the plan is filed, unless the court orders otherwise. Subtitle B: Grain Elevator Bankruptcy Amendments - Amends the Bankruptcy Reform Act of 1978 to permit a bankruptcy court to expedite the procedures for the determination of interests in and the disposition of grain and proceeds of grain held by debtors who own or operate grain storage facilities. Allows the shortening of time periods applicable for such procedures and establishment of a timetable for the completion of certain procedures. Permits such time periods and timetable to be modified by the court for good cause shown. Sets forth the criteria by which such time periods may be shortened and the procedures which may be expedited. Requires notice to any governmental unit with regulatory jurisdiction over the operation or liquidation of the debtor or his business of any request made or order entered into for expedited determinations of interest. Requires the trustee to consult with such governmental unit before taking any action relating to the disposition of grain in the control of the debtor or the estate. Declares that unless such an order is stayed pending appeal, the reversal or modification on appeal of an order establishing an expedited procedure or determining any interest in or approving any disposition of grain or its proceeds does not affect validity. Prohibits the court or the trustee from delaying any other proceeding in the particular case on account of the appeal. Permits the trustee to recover from grain and proceeds of grain the reasonable and necessary costs and expenses attributable to preserving and disposing of grain or its proceeds, but not any other costs or expenses. Subtitle C: Leasehold Management - Leasehold Management Bankruptcy Amendments Act of 1982 - Provides that in a bankruptcy case involving the adjustment of the debts of an individual with regular income, reorganization, or the adjustment of the debts of a municipality, if the trustee does not assume or reject an unexpired lease of the debtor within 120 days after the order for relief, or within such other period as the court, within the 120 day period, fixes, then such lease is rejected. Subtitle D: Referees Salary and Expense Fund - Referees Salary and Expense Fund Act of 1982 - Amends the Federal bankruptcy law to apply a $200,000 ceiling to fees from the referees' fund for any reorganization case confirmed before September 30, 1979, where such fees were not determined until after that date. Provides that after September 30, 1979, all moneys collected for payment into the referees' salary and expense fund in cases filed under the Bankruptcy Act shall be collected and paid into the general fund of the treasury. Title IV: Technical Bankruptcy Amendments - Bankruptcy Technical Amendments Act of 1982 - Subtitle A: Amendments to Title 11 of the United States Code - Amends Federal law to make technical and grammatical corrections to the Bankruptcy code. Subtitle B: Amendments to Title 28 of the United States Code - Amends Federal law to make technical amendments to the Bankruptcy code. Declares that an order of discharge or an order of confirmation in a bankruptcy case which has become final may be registered in any other district by filing in the office of the clerk of the bankruptcy court of that other district a certified copy of the order. Subtitle C: Amendments to the Act of November 6, 1978 - Amends Federal law to make technical corrections to the Bankruptcy code relating to the transition period of the bankruptcy system. Subtitle D: Amendments to Other Acts - Amends the Perishable Agricultural Commodities Act of 1930, the Federal Mine Safety and Health Act of 1977, and the Securities Investor Protection Act of 1970 to make technical and conforming amendments. Subtitle E: Effective Dates - Sets forth the effective dates for the amendments made by this title.
United States · United States Congress · 28 September 1982
Comprehensive Victim and Witness Protection and Assistance Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain: (1) information concerning any harm or loss suffered by the victim; (2) information that may aid the court in sentencing; (3) a statement of the circumstances of the commission of the offense; and (4) any prior criminal record of the defendant. Amends the Federal criminal code to establish as offenses "tampering with a witness or an informant" and "retaliating against a witness or an informant." Authorizes the Attorney General to initiate civil proceedings to restrain any harassment of a victim or witness. Authorizes a sentencing court to order the defendant to make restitution. Requires the court to state for the record the reasons for not ordering restitution. Prescribes a procedure for the issuance of restitution orders. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims and witnesses. Requires the Attorney General to consider certain objectives in preparing the guidelines, including: (1) ensuring that victims receive prompt social and medical services; (2) giving victims and witnesses notice of important criminal justice proceedings and scheduling changes; (3) arranging for the prosecution to obtain the nonbinding views of victims of serious crimes during such stages as plea bargaining and pretrial release; (4) encouraging employers to continue to pay victims and witnesses for work absences to assist investigations and prosecutions; (5) training law enforcement personnel in victim assistance; and (6) informing victims or witnesses on legal steps for protection from intimidation. Directs the Attorney General to recommend to Congress any laws that are necessary to ensure that no Federal felon derives any profit from the sale of his or her story until any victim of the offense receives restitution. Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit certain offenses.
United States · United States Congress · 12 August 1982
Bankruptcy Court Act of 1982 - Provides for the appointment of U.S. bankruptcy judges under Article III of the Constitution. Provides for a transition period to the new bankruptcy court structure through March 31, 1983. Provides that in each judicial district there shall be a court of record known as the United States Bankruptcy Court for the district. Directs the President to appoint, by and with the advice and consent of the Senate, bankruptcy judges. Provides that judges shall hold office during good behavior. Sets the salary of a judge at $65,000, subject to adjustment under the Federal Salary Act of 1967. Sets forth procedures for determining: (1) the chief judge of a district; and (2) the times and places of holding court. Provides that when the office of a bankruptcy judge becomes vacant all pending process, pleadings, and proceedings shall, when necessary, be continued by the clerk until a judge is appointed. Provides that in each circuit there shall be a bankruptcy appellate panel. Authorizes a circuit judge to be assigned to hold a bankruptcy court within the circuit judge's circuit. Authorizes the Chief Justice to assign a district judge of one circuit to hold a bankruptcy court in another circuit. Includes bankruptcy judges: (1) in the Judicial Conference; (2) on the judicial council of each circuit; and (3) on the Board of the Federal Judicial Center. Makes conforming amendments, technical amendments, and amendments relating to retirement benefits for bankruptcy transition judges. Sets forth provisions relating to court clerks, court reporters, court officers, and other court employees. Provides that courts of appeals shall have jurisdiction from all final decisions of bankruptcy appellate panels, or from a final judgment of a bankruptcy court, if the parties agree to a direct appeal. Sets forth provisions relating to jurisdiction, venue, procedure, and removal to bankruptcy courts. Makes additional conforming amendments. Sets forth a provision relating to the issuance of writs of habeas corpus by bankruptcy courts. Sets forth provisions relating to bankruptcy cases, matters, and proceedings during the transitional period.
United States · United States Congress · 27 July 1982
Federal Court Reform Act of 1982 - Title I: Supreme Court Review - Makes review of a Federal district or appellate court or highest State Court decision which holds a Federal or State law unconstitutional reviewable by the Supreme Court by writ of certiorari, instead of appeal as currently authorized. Authorizes Supreme Court review, by writ of certiorari, of final judgments or decrees rendered by the highest court of a State in a case where the validity of a treaty or statute is in question or where the validity of a statute of Puerto Rico is in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States. Amends various provisions of Federal law (including the Federal Election Campaign Act, the Trans-Alaska Pipeline Authorization Act, and the Regional Rail Reorganization Act of 1973) to provide that certain cases will now be heard by the Supreme Court under its discretionary certiorari authority instead of hearing such appeals directly. Title II: Jurors and Summons for Jury Service - Provides workmen's compensation for individuals injured during Federal jury duty. Authorizes the award of attorney's fees in cases involving appointed counsel where an employee has brought suit against his or her employer because the employer discriminated against the employee on the basis of jury service. Permits the use of first class mail to notify individuals of jury service. Title III: Civil Priorities - Requires each court of the United States to determine the order in which civil actions are heard and determined. Authorizes the Judicial Conference of the United States to modify the rules adopted by the courts in order to establish consistency. Amends over 80 priority or expediting provisions relating to civil actions.
United States · United States Congress · 22 July 1982
Expresses the concern of the House of Representatives in the preservation and restoration of Rhodes Tavern in Washington, D.C. Encourages preservation and restoration efforts by the National Trust for Historic Preservation, the National Capitol Planning Commission, the Commission of Fine Arts, the mayor and city council, and other interested organizations.
United States · United States Congress · 21 July 1982
Diversity Jurisdiction Reform Act of 1981 - Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts, but retains as a basis of jurisdiction "alienage," involving foreign states or citizens of foreign states. Increases the amount in controversy requirement in such cases from $10,000 to $25,000. Retains as a basis for Federal jurisdiction statutory interpleader, which includes actions between citizens of different States. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated.
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
Amends the Legislative Reorganization Act of 1970 to increase the minimum age for appointment as a page of the House of Representatives from 16 years to 18 years.
United States · United States Congress · 24 June 1982
Diversity Jurisdiction Reform Act of 1981 - Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts, but retains as a basis of jurisdiction "alienage," involving foreign states or citizens of foreign states. Increases the amount in controversy requirement in such cases from $10,000 to $25,000. Retains as a basis for Federal jurisdiction statutory interpleader, which includes actions between citizens of different States. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated.
United States · United States Congress · 22 June 1982
Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct a project for flood control for the James River Basin at Richmond, Virginia.
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 · 15 June 1982
Federal Capital Investment Budget Act of 1982 - Amends the Budget and Accounting Act, 1921 to require the President to include with each Budget submitted on or after January 1, 1983, a special analysis, for the ensuing fiscal year which shall identify and summarize for each function, category, agency, and program of appropriation and expenditure in the Budget the amount of appropriations and expenditures which may be classified as public infrastructure investments. Sets forth other information to be included in such analysis. Requires the President also to include with each Budget, on or after January 1, 1984, a capital investment budget which shall identify by State the amount of appropriations and expenditures classifiable as public infrastructure investments. Declares that any appropriation or expenditure shall be classified as a public infrastructure investment to the extent that it will be used for the construction, rehabilitation, or repair of any civilian public facility in the United States. Amends the Public Works and Economic Development Act of 1965 to require the Economic Development Administration to prepare an inventory of civilian public facilities in the United States and an assessment of their physical condition. Requires the Secretary to make a report of such inventory and assessment to Congress not later than January 1, 1984, and to update such report annually.
United States · United States Congress · 3 June 1982
Jobs and Business Opportunities for the Handicapped Act of 1982 - Transfers all functions of the Committee on Purchase of Products and Services of the Blind and Other Severely Handicapped to the Secretary of Commerce. Establishes in the Department of Commerce the Handicapped Employment and Business Opportunities Administration. Directs the Secretary to delegate his or her functions under this Act to the head of such Administration. Directs the Secretary to establish and publish a list of the commodities produced and services provided by any qualified industry employing the blind or other severely handicapped (currently restricted to qualified nonprofit agencies for the blind or severely handicapped). Permits any qualified industry determined by the Secretary to be eligible to receive Government contracts to apply to have a commodity or service placed on such list. Directs the Secretary to: (1) evaluate the capacity of such applicant to produce the commodity or service in accordance with Government specifications and time requirements; and (2) publish his or her determination concerning the application. Authorizes the Secretary to reject the placement of any item on the list and to limit the quantity of any item approved for the list. Directs the Secretary to determine and revise as appropriate the fair market price of items which are on the list and which are offered for sale to the Government. Specifies procedures for determining an item's fair market price. Directs the Secretary to establish and administer criteria for determining the eligibility of qualified industries that apply to receive Government contracts for items on the list. Authorizes any qualified industry which meets such criteria to receive Government contracts if it is determined before the contract is awarded that the qualified industry is not in violation of any: (1) applicable standard of the Occupational Safety and Health Act; (2) order of the National Labor Relations Board; or (3) applicable provision of the Fair Labor Standards Act of 1938. Directs the Secretary to reevaluate each qualified industry periodically. Directs the Secretary to establish procedures for allocating Government contracts among qualified industries. Authorizes the Secretary to regulate: (1) specifications for commodities and services on the procurement list; (2) time of their delivery; and (3) such other matters necessary to carry out the purposes of this Act, including standards designed to promote upward mobility and to expand opportunities for blind and other severely handicapped persons. Directs the Secretary to insure that priority be given to purchasing items from qualified industries employing the blind. Authorizes the Secretary to hire either a nonprofit or a for profit organization for the purpose of: (1) furnishing technical assistance for qualified industries providing commodities or services to the Government; and (2) projects designed to help blind or other severely handicapped persons to achieve upward mobility within qualified industries or to move from employment in qualified industries to the private sector. Limits the amount of money the Secretary may spend for such purposes. Directs the Secretary to make a continuing study and evaluation of the Secretary's activities under this Act. Establishes a Coordination and Advisory Council to: (1) advise the Secretary on all functions and activities of the Handicapped Employment and Business Opportunities Administration; (2) monitor the implementation of this Act and recommend methods of expanding opportunities for the blind and other severely handicapped; and (3) help the Secretary coordinate the contracting activities of the Federal Government under this Act. Requires Federal agencies to procure any commodity or service on the procurement list from a qualified industry at the price established by the Secretary. Exempts from such requirement certain products made by prison inmates. Grants the Comptroller General of the United States access, for auditing purposes, to any records of the Administration and to certain records of Federal agencies. Authorizes appropriations for FY 1982 through 1985. Abolishes the Committee for the Purchase of Products and Services of the Blind and Other Severely Handicapped.
United States · United States Congress · 27 May 1982
Safe Harbor Leasing Reform Act of 1982 - Amends the Internal Revenue Code to limit the accelerated depreciation deductions and investment tax credit amounts accruing to safe harbor lessors from sale and leaseback arrangements of depreciable property. Allows such lessors a limited income tax credit for the reduction in tax benefits. Exempts safe harbor lessors from at risk requirements for deducting investment losses. Limits the availability of sale and leaseback arrangements in the case of certain lessees with foreign source income. Limits the income tax deduction for interest on investment indebtedness for safe harbor lease property.
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
Establishes in the House of Representatives the Ad Hoc Committee on Entitlements to conduct a full investigation of factors contributing to, and methods to restrain, costs of entitlement programs. Requires the committee to report its findings as soon as practicable during the current Congress.
United States · United States Congress · 21 May 1982
Amends the Bankruptcy Reform Act of 1978 to permit a bankruptcy court to expedite the procedures for the determination of interests in and the disposition of grain and proceeds of grain held by debtors who own or operate grain storage facilities. Allows the shortening of time periods applicable for such procedures and establishment of a timetable for the completion of certain procedures. Permits such time periods and timetable to be modified by the court for good cause shown. Sets forth the criteria by which such time periods may be shortened and the procedures which may be expedited. Requires notice to any governmental unit with regulatory jurisdiction over the operation or liquidation of the debtor or his business of any request made or order entered into for expedited determinations of interest. Requires the trustee to consult with such governmental unit before taking any action relating to the disposition of grain in the control of the debtor or the estate. Declares that unless such an order is stayed pending appeal, the reversal or modification on appeal of an order establishing an expedited procedure or determining any interest in or approving any disposition of grain or its proceeds does not affect validity. Prohibits the court or the trustee from delaying any other proceeding in the particular case on account of the appeal. Permits the trustee to recover from grain and proceeds of grain the reasonable and necessary costs and expenses attributable to preserving and disposing of grain or its proceeds, but the trustee may not recover any other costs or expenses.
United States · United States Congress · 20 May 1982
Patent Term Restoration Act of 1982 - Amends the patent law to extend the terms of patents which encompass specified products or a method for using 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). Requires further extensions of the patent term for certain products approved under the Federal Food, Drug, and Cosmetic Act before January 1, 1981, but whose regulation granting approval was stayed for a period of time.
United States · United States Congress · 12 May 1982
Amends the Immigration and Nationality Act to prohibit the Attorney General from setting the adverse effect wage rate (for temporary agricultural worker admissions) higher than the highest of the Federal or State minimum or the prevailing local wage.
United States · United States Congress · 6 May 1982
Independent Contractor Tax Classification and Compliance Act of 1982 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of the tax on employment income. Treats an individual as an independent contractor if such individual: (1) controls the total number and scheduling of his work hours; (2) has no principal place of business provided rent-free by the service-recipient; (3) has substantial investment in his business (excluding vehicles) and earns income based upon sales or output rather than upon number of hours worked; and (4) performs services under a written contract and is provided written notice of his responsibilities with respect to income and self-employment taxes. Provides that the criteria established by this Act shall not be applicable to agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen who are statutorily designated as employees for purposes of social security taxation. Sets forth special rules for: (1) contracts entered into before January 1, 1983; and (2) determining control of scheduling work hours. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his service is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires a recipient of an independent contractor's services to file an information return disclosing payments made to such individual in excess of $600 per year. Requires persons who sell over $5,000 in consumer products to buyers on a buy-sell, deposit-commission, or similar basis to file a similar return. Permits an election to file such returns in certain circumstances. Requires individuals who file such information returns to furnish to persons with respect to whom such information is reported written statements which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Requires the payment of a surcharge for multiple violations. Requires the withholding of tax on certain persons where the identifying number is incorrect or missing on any return filed by a service-recipient. Sets forth effective dates and transitional rules for provisions of this Act.
United States · United States Congress · 6 May 1982
Housing and Automobile Industries Recovery Act of 1982 - Title I: Exemption for the Purchase of Certain Bonds by Employee Pension Benefit Plans - Provides a temporary exemption from certain provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code relating to prohibited transactions for the purchase of certain bonds sold to fund residential mortgages and domestic motor vehicle loans. Title II: Interest Reduction Payments - Provides for interest reduction payments by the Secretary of Housing and Urban Development to assist with the financing of the purchase of certain residences and domestic motor vehicles. Sets forth: (1) requirements and restrictions for eligible loans and mortgages; and (2) guidelines for the allocation of such payments. Authorizes appropriations for FY 1982 through 1988 to carry out this title. Prohibits the Secretary from making any commitments to make interest reduction payments under this title after August 31, 1983.
United States · United States Congress · 4 May 1982
Authorizes appropriations for FY 1983-1985 for the Patent and Trademark Office. Requires the use of these funds to reduce by 50 percent the payment of fees by independent inventors, nonprofit organizations, and small businesses. Authorizes supplemental appropriations for FY 1982. Requires the Commissioner of Patents to charge fees according to a schedule set forth in this Act rather than establishing fees himself according to a prescribed formula. Permits the Commissioner to accept the payment of maintenance fees after the six-month grace period if the delay is unavoidable. Protects the use or manufacture by others of anything covered by such a patent during the period between the grace period and the actual payment of the fee. Permits the Commissioner to require a surcharge for the delay. Directs the Commissioner to establish fees for other unspecified services to cover their estimated cost to the Office. Amends the Trademark Act of 1946 to require the Commissioner of Patents to recover through fees all rather than half of the costs of registering a trademark. Requires the exclusive use of such fees for processing registrations and other services related to trademarks. Eliminates the ceiling on the number of examiners-in-chief in the Office. Revises the patent application procedures. Permits the Commissioner to certify a correction of inventor in an issued patent even though such error did not involve joint inventors. Amends the Trademark Act of 1946 to permit the Commissioner, upon petition rather than unilaterally, to declare that an interference exists between two trademarks. Establishes a patent term of 14 years for designs. Permits a contract involving a patent or any right under a patent to contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising under the contract. Allows both parties, even without such a provision, to still agree in writing to binding arbitration. Sets forth the arbitration conditions and procedures.
United States · United States Congress · 6 April 1982
Amends the Internal Revenue Code to allow a State, at its option, to enter into an agreement with the Secretary of the Treasury and the Secretary of Labor under which the State shall: (1) collect the tax imposed by the Federal Unemployment Tax Act; (2) retain a specified portion of such tax to be used for the administration of the State's unemployment compensation law and public employment offices; and (3) pay to the Treasury the remaining portion of such tax not retained. Allows a State to deposit any unexpended funds into its unemployment fund for use in payment of unemployment compensation. Requires the Secretary of the Treasury and the Secretary of Labor to enter into such an agreement unless: (1) the Secretary of Labor determines that a State does not have an unemployment compensation law which meets the requirements of Federal law; or (2) the Secretary of the Treasury determines that the State is not able to properly collect and pay over the required employment tax. Authorizes the Secretaries to declare a State to be in violation of such arragement if either should determine that the State is not meeting the requirements of this Act. Provides that a refusal to enter into an agreement and a declaration of violation shall be subject to administrative and judicial review. Provides tax penalties for any violation of such an agreement. Provides that any State entering into such an agreement shall not be eligible to receive payments under title III or title IX of the Social Security Act or under the Wagner-Peyser Act. Amends the Internal Revenue Code and titles III and IX of the Social Security Act to allow States, at their option, to maintain and manage their own unemployment funds.
United States · United States Congress · 5 April 1982
Amends the Internal Revenue Code to increase: (1) from $20,000 to $35,000 per calendar quarter the aggregate amount of wages paid; and (2) from ten to 15 the total number of employees required in order for an employer of agricultural labor to incur Federal unemployment tax liability. Provides for an annual cost-of-living adjustment for the aggregate wage amount.
United States · United States Congress · 1 April 1982
Amends the Internal Revenue Code to set forth special temporary rules for the taxation of life insurance companies for 1982 and 1983. Revises provisions relating to policies reinsured under modified coinsurance contracts. Specifies that prescribed policy and other contract liability requirements shall not include interest payable after enactment of this Act by a reinsured to a reinsurer in connection with a coinsurance contract. Revises the method of computing the tax deductions for: (1) dividends to policyholders; (2) certain nonparticipating contracts; and (3) certain accident, health insurance, and group life insurance plans. Revises the method of determining adjusted life insurance reserves. Revises the method of computing the policyholder's share of investment yield, life insurance company taxable income, and net capital gain for companies filing consolidated returns. Specifies that the above method shall not apply to certain contract computations in effect before 1982. States that the determination for taxable years before 1982 as to whether a contract is a coinsurance contract shall be made solely by reference to the terms of the contract.
United States · United States Congress · 1 April 1982
Amends the Bankruptcy Reform Act of 1978 to permit a bankruptcy court to expedite the procedures for the determination of interests in and the disposition of grain and proceeds of grain held by debtors who own or operate grain storage facilities. Allows the shortening of time periods applicable for such procedures and establishment of a timetable for the completion of certain procedures. Permits such time periods and timetable to be modified by the court for good cause shown. Sets forth the criteria by which such time periods may be shortened and the procedures which may be expedited. Requires notice to any governmental unit with regulatory jurisdiction over the operation or liquidation of the debtor or his business of any request made or order entered into for expedited determinations of interest. Requires the trustee to consult with such governmental unit before taking any action relating to the disposition of grain in the control of the debtor or the estate. Declares that unless such an order is stayed pending appeal, the reversal or modification on appeal of an order establishing an expedited procedure or determining any interest in or approving any disposition of grain or its proceeds does not affect validity. Prohibits the court or the trustee from delaying any other proceeding in the particular case on account of the appeal. Permits the trustee to recover from grain and proceeds of grain the reasonable and necessary costs and expenses attributable to preserving and disposing of grain or its proceeds, but the trustee may not recover any other costs or expenses.
United States · United States Congress · 1 April 1982
Expresses the sense of the House of Representatives that the United States should acclaim and support the demonstration of the people of El Salvador in favor of democracy.
United States · United States Congress · 29 March 1982
Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels of forces; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.
United States · United States Congress · 18 March 1982
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to permit a fully-insured individual reaching age 65 to elect to execute a voluntary moratorium which: (1) waives all rights to old-age insurance benefits; (2) exempts such an individual from employee taxes; and (3) exempts such an individual's employer from employer taxes.
![Official portrait of Rep. Butler, M. Caldwell [R-VA-6]](https://www.congress.gov/img/member/b001182_200.jpg)