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
Declares it to be the policy of the Government that: (1) Federal procurement should be accomplished on a competitive basis wherever possible through the General Services Administration (GSA); (2) the use of multiple award schedules should be restricted to cases where competitive single awards are not feasible, sales volume justifies centralized procurement, and a valid need exists for functionally similar items with different prices and features; and (3) where the volume of products purchased is too low to provide a price advantage and commercial "off-the-shelf" products can be substituted for products designed to Government specifications, individual agencies should purchase items locally subject to review by the GSA. Directs the Administrator of the GSA to implement: such policy; the recommendations on procurement contained in the Comptroller General's report of May 2, 1979; and the policy statement prepared by the Office of Acquisition Policy in response to such report. Directs the Administrator, within 60 days after enactment, to issue transitional regulations governing purchases from any multiple award schedule. Requires that such regulations: (1) include the requirement that whenever any agency procurement officer or employee determines that an item in such a schedule is available from a commercial source in the area at a lower cost and under conditions which are no less favorable to the Government than is the case under the schedule, the item shall be purchased from that source; and (2) establish procedures for the audit and review of any such purchase and the enforcement of such regulations by the GSA. Repeals such regulations on the effective date of the regulations which are issued to implement the procurement policy declared by this Act and which apply to any item on a multiple award schedule. Requires the Administrator to submit to Congress periodic reports on actions taken and legislation needed to carry out this Act.
United States · United States Congress · 24 September 1982
Military Widows and Surviving Children Benefits Restoration Act - Directs the head of a designated agency to make monthly payments to the surviving spouse of a veteran in the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the head of a designated agency to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before the Omnibus Budget Reconciliation Act of 1981 to certain children between the ages of 18 and 22 attending institutions of higher learning. Limits eligibility for such payments to children of veterans who died on active duty before August 13, 1981, or from a service-connected disability. Directs the Secretary of Health and Human Services to provide the designated agency head with information necessary to carry out this Act. Sets forth provisions determining time and percentage of increases in benefits, including a requirement that all payments be rounded down to the next lower multiple of $1. Directs the Secretary of Defense during FY 1983 to transfer funds from the Retired Pay, Defense account to whomever is chosen to administer this program. Requires such head to establish an account in his or her agency to receive such payments. Permits such head and the Secretary of Health and Human Services to combine specified payments into a single monthly payment.
United States · United States Congress · 23 September 1982
Increases the membership of the Advisory Commission on Intergovernmental Relations, from 26 to 29 members-by adding: (1) one elected school board member, appointed by the President; (2) one judge of a U.S. court of appeals or district court, appointed by the Chief Justice; and (3) one Chief Justice or judge of a State court of last resort, appointed by the Chief Justice. Changes the requirement that the President appoint four mayors as members to a requirement that the President appoint: (1) three mayors; and (2) one elected officer of a municipality with a population of less than 10,000.
United States · United States Congress · 23 September 1982
Directs the President to resume negotiations with the Soviet Union on a treaty prohibiting: (1) the testing, deployment, production, or use of any weapons system designed to damage or interfere with a spacecraft; and (2) the stationing in outer space of any weapon designed to inflict injury or damage on the Earth, in the atmosphere, or on objects placed in space. Requires such a treaty to provide for verifying compliance with its terms. Directs the President to seek the establishment of a working group within the United Nations to provide a forum for discussing a multilateral space treaty banning from space all weapons launched by any country.
United States · United States Congress · 19 August 1982
Amends the Higher Education Act of 1965 to limit the maximum Pell Grant a student may receive for academic year 1983-1984 to $1,800 or 50 percent of the cost of attendance (as defined for academic year 1982-1983). Directs the Secretary of Education to approve separate (from the Pell Grant family contribution schedule) systems of need analysis for academic years 1983-1984 and 1984-1985 for the campus-based programs of supplemental education opportunity grants, work-study, and direct loans. Carries over for academic years 1983-1984 and 1984-1985 the Pell Grant cost of attendance criteria in effect for academic year 1982-1983. Carries over the academic year 1982-1983 Pell Grant family contribution schedule into academic year 1983-1984, with specified modifications to be published within 15 days of enactment of this Act. Provides that the academic year 1984-1985 Pell Grant family contribution schedule shall be the same as for academic year 1983-1984, with specified modifications, unless the Secretary of Education publishes in the Federal Register and submits to the Congress a proposed schedule by April 1, 1983, and a final schedule by May 15, 1983. Provides that such final schedule shall take effect unless either House of the Congress adopts a resolution of disapproval by a specified date. Provides for a new proposed schedule to take effect unless another resolution of disapproval is adopted. Directs the Secretary to publish in the Federal Register: (1) changes in amounts allowed as an offset for family size as a consequence of specified modifications of the Pell Grant family contribution schedule for academic year 1984-1985, immediately after publication of the Consumer Price Index for September, 1983; and (2) the modified family contribution schedule for academic year 1984-1985, by July 15,1983, under specified conditions. Replaces the ratable reduction formula effective for academic year 1983-1984 and succeeding academic years, under which when there are insufficient appropriations, awards for those with lesser need would be cut by a larger percentage than awards for those with greater need.
United States · United States Congress · 18 August 1982
Interstate Compact - Grants congressional consent and approval to an agreement by Connecticut, Massachusetts, New Hampshire, and Vermont regarding salmon restoration in the Connecticut River Basin. Authorizes the Secretaries of Commerce and the Interior to participate as members in a Connecticut River Atlantic Salmon Commission created by such agreement.
United States · United States Congress · 13 August 1982
Amends the Internal Revenue Code to allow an income tax credit to any individual who maintains a household which includes one or more elderly qualified persons. Sets the amount of such credit at $1,000 for each such elderly person living in the household. Limits the aggregate amount creditable to $2,000 on any return for the taxable year. Defines "qualified elderly person" as any individual who: (1) has attained age 65; (2) has an impairment which, as determined by a physician, renders such individual physically or mentally incapable of caring for himself and has lasted or is expected to last six months or longer; and (3) has as a principal place of abode for more than half of the taxable year the home of the taxpayer.
United States · United States Congress · 12 August 1982
Competitive Shipping and Shipbuilding Act of 1982 - Requires that, by 1983, five percent of all bulk cargoes imported into or exported from the United States by water be carried on U.S.-flag ships. Requires yearly one percent increases until the percentage carried on U.S.-flag ships reaches 20 percent. Directs the Secretary of Transportation to prepare annual estimates of current and projected costs of U.S.-flag bulk ship operation and shipbuilding. Requires anyone engaged in importing or exporting bulk commodities in U.S. foreign commerce whose business volume exceeds $1,000,000 annually to report to the Secretary of Commerce on the percentage of such person's exports and imports carried on U.S.-flag ships. Requires that such importer or exporter use U.S.-flag ships for the percentage of shipping required under this Act or be subject to specified penalties. Sets forth procedures for the investigation and prosecution of violations of this Act.
United States · United States Congress · 12 August 1982
States that the United States and the Soviet Union should: (1) pursue a complete halt to the nuclear arms race; (2) decide when and how to achieve a mutual and verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) give special attention to destabilizing weapons; and (4) proceeding from this freeze, pursue major, mutual, and verifiable reductions in nuclear warheads, missiles, and other delivery systems.
United States · United States Congress · 12 August 1982
Urges the President to: (1) avoid taking any actions which could foreclose eventual U.S. participation in the Convention on the Law of the Sea; (2) evaluate U.S. objectives for ocean use and relevant foreign policy interests with respect to the Convention; and (3) designate a U.S. representative for the meetings of the Preparatory Commission of the Conference on the Law of the Sea that will formulate the rules and regulations for seabed mining.
United States · United States Congress · 11 August 1982
Missing Children Act - Authorizes the Attorney General to collect and exchange information which would assist in the identification of unidentified deceased individuals and the location of missing persons, including missing children.
United States · United States Congress · 10 August 1982
Expresses the sense of the House of Representatives that regulations recently proposed by the Secretary of Education under the Education of the Handicapped Act should not be permitted to take effect.
United States · United States Congress · 5 August 1982
National High-Technology Technician Training Act - Directs the Director of the National Science Foundation to carry out a pilot high-technology technician training program under which community colleges, using Federal and community industrial support, will provide training in technical competencies in strategic high-technology fields. Requires such programs to emphasize on-the-job training intermixed with technical occupational training and to place recruiting emphasis on the underemployed and unemployed. Requires the participating colleges to establish an associate degree training program in designated fields according to the Director's guidelines. Requires the Director to: (1) determine the necessary fields; (2) identify economic areas with high-technology industries; (3) select accredited community colleges; and (4) appoint a National Advisory Council on High-Technology Technician Training to advise him on the program. Requires the Director to report to Congress annually on the program. Authorizes appropriations for FY 1984 and 1985.
United States · United States Congress · 29 July 1982
States that the President, at the earliest possible date, should: (1) request Senate consent to ratification of the Threshold Test Ban and Peaceful Nuclear Explosion Treaties; and (2) resume trilateral test ban treaty negotiations.
United States · United States Congress · 23 July 1982
Expresses the sense of Congress that: (1) national efforts to reduce malnutrition should continue; (2) Federal involvement in nutrition programs should be maintained; and (3) responsibility for Federal child nutrition programs should not be turned back to the States.
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
Handicapped Individuals Services and Training Act - Title I: Helen Keller National Center for Deaf-Blind Youths and Adults - Establishes a Helen Keller National Center for Deaf-Blind Youths and Adults to: (1) provide specialized intensive services for deaf-blind persons; (2) train personnel to provide such services; and (3) conduct applied research, development, and demonstrations relating to communication techniques, teaching methods, aids, and devices, and delivery of services. Requires an annual audit of the Center. Directs the Secretary of Education to ensure that: (1) Center service and training programs are monitored regularly; and (2) Center operation is evaluated annually, with written reports to the President and the Congress submitted by specified deadlines. Authorizes appropriations for FY 1984 and succeeding fiscal years for Center operation and maintenance, in accordance with guidelines or regulations prescribed by the Secretary. Provides that nothing in this Act shall in any way cause to affect or modify any existing or future agreement between any Federal department, agency, or instrumentality and the Industrial Home for the Blind, Inc., or its successors or assignees, with respect to the Helen Keller National Center for the Deaf-Blind Youths and Adults. Title II: Vinland National Center for Healthsports and Physical Fitness for Handicapped Individuals - Establishes the Vinland National Center for Healthsports and Physical Fitness for Handicapped Individuals to: (1) provide training for handicapped individuals and training and technical assistance for the establishment of healthsport and physical fitness for activities and programs the handicapped in States and local communities; and (2) conduct basic and applied research and collect and disseminate information relating to health sports and physical fitness. Directs the Center to establish a National Advisory Panel on Healthsports and Physical Fitness for Handicapped Individuals. Exempts the Panel from the provisions of the Federal Advisory Committee Act. Sets forth provisions concerning: (1) Center construction and program plans and reports; (2) Center expenditures from non-Federal support; (3) limits on the Center use of funds; and (4) auditing of the Centers' records and monitoring and evaluation of its activities. Directs the Secretary of Education, acting through the Commissioner of Rehabilitation Services Administration, to administer the provisions of this title. Authorizes appropriations to carry out this title for FY 1984 through 1988. Title III: Regional Postsecondary Educational Programs - Authorizes the Secretary to make grants to, and contracts with: (1) specified institutions of higher education for regional programs of academic, vocational, and supportive education services for deaf students and for graduate occupational placement; and (2) other institutions of higher education and appropriate nonprofit education agencies for model postsecondary programs for serving handicapped (other than deaf) individuals. Directs the Secretary to give priority to programs: (1) serving multistate regions or large population centers; (2) adapting existing programs of vocational, technical, postsecondary, or adult education to the special needs of handicapped individuals; (3) designed to serve areas where a need for such services is clearly demonstrated; and (4) that have demonstrated proven effectiveness. Sets forth provisions for the auditing, monitoring, and continuing evaluation of each program assisted under this title. Directs the Secretary, acting through the Director of Special Education Programs, to administer the provisions of this title. Authorizes appropriations to carry out this title for FY 1984 through 1988. Sets forth formulas for allotment of such funds. Title IV: Captioned Films and Related Services for Deaf and Other Handicapped Individuals - Directs the Secretary to establish a loan service of captioned films and educational media for handicapped individuals, their parents, and others directly involved in activities for the advancement of the handicapped. Authorizes the Secretary to: (1) acquire such films, educational media, and equipment; (2) provide, by grant or contract, for film captioning, for distribution of media and equipment to State schools and other appropriate local or regional agencies, for production and distribution of such media, and for research and training in their use; (3) utilize other governmental agencies' facilities and services; and (4) accept gifts, contributions, and voluntary and uncompensated services of individuals and organizations. Directs the Secretary, acting through the Assistant Secretary for Special Education and Rehabilitation Services, to administer the provisions of this title. Authorizes appropriations for the provision of services under this title for FY 1984 and succeeding fiscal years. Title V: General Provisions - Sets forth definitions under this Act and this Act's effect on specified provisions of the Rehabilitation Act of 1973 and the Education of the Handicapped Act.
United States · United States Congress · 15 July 1982
Residential Mortgage Investment Act of 1982 - Permits employee benefit plans, as defined under this Act, to engage in any qualified mortgage transaction involving any qualified residential mortgage loan, provided transactions between all parties are at arm's length. Permits such plans to participate in any mortgage pool, provided such pool conforms to specified requirements with regard to permitted investments. Authorizes the Secretary of the Treasury to prescribe regulations to carry out this Act. Provides that this Act shall supersede any and all contrary provisions of State law, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code. Prohibits the imposition of Federal excise tax on a plan or pool that engages in a transaction described under this Act.
United States · United States Congress · 14 July 1982
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 13 July 1982
Expresses the sense of the House of Representatives that the Speaker of the House should appoint an independent prosecutor to investigate allegations concerning drug abuse and sexual misconduct by Members of the House and pages. Declares that such investigation should not interfere with the criminal investigation being carried out by the Department of Justice.
United States · United States Congress · 23 June 1982
States that the United States and the Soviet Union should begin the strategic arms reduction talks (START), which should have the following objectives: (1) pursuing a complete halt to the nuclear arms race; (2) deciding when and how to achieve and pursue a mutual and verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) giving special attention to destabilizing weapons; (4) preserving present limitations and controls on current nuclear weapons and delivery systems; and (5) incorporating ongoing negotiations in Geneva on land-based intermediate-range nuclear missiles into the START negotiations. Declares that the United States shall try to reach a common position with the North Atlantic Treaty Organization allies on any agreement that would be inconsistent with existing U.S. commitments to those allies. Declares that the United States shall promptly approve the SALT II agreement if adequate verification capabilities are maintained.
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.
United States · United States Congress · 16 June 1982
Mashantucket Pequot Indian Claims Settlement Act - Establishes in the Treasury the Connecticut Indian Claims Settlement Fund as compensation to the Mashantucket Pequot Tribe for the extinguishment of any claim to specified lands. Directs the Secretary of the Interior to: (1) hold the Fund in trust for the Tribe; and (2) spend, at the request of the Tribe, the principal and income of the Fund to acquire land or natural resources for the Tribe or for similar purposes which promote the economic development of the Tribe. Provides that such lands or natural resources which are within specified settlement lands shall be held in trust by the United States for the Tribe. Provides that such lands or natural resources acquired for the tribe which are located outside such settlement lands shall be held in fee by the Tribe, with the United States having no further responsibility, and shall not be subject to any restriction against alienation under Federal or State law. Provides that transfers of specified private settlement lands shall be deemed to be involuntary conversions for Internal Revenue Code purposes. Authorizes the appropriation of $900,000 to be deposited in the Fund. Sets forth provisions for approval of prior transfers of specified lands or natural resources and for the extinguishment of the Tribe's (or any other Indian's) aboriginal title or claims to such lands or natural resources. Directs the Secretary to publish notice in the Federal Register of the deposit of the appropriation to the Fund. Makes the date of such deposit the effective date of such extinguishment provisions. Declares the Tribe's reservation and the settlement lands to be Indian country, subject to State jurisdiction to the maximum extent provided in specified Federal law. Sets limitations on actions questioning the constitutionality of this Act. Vests exclusive original jurisdiction of such actions in the U.S. District Court for the District of Connecticut. Permits defendants to remove such actions from State courts to such U.S. District Court. Subjects lands within the reservation and the settlement lands to Federal law relating to Indian lands, but permits the Tribe to lease lands for any term of years to the Mashantucket Pequot Housing Authority or to any successor in interest to such Authority. Extends Federal recognition to the Tribe. Provides that all Federal laws and regulations of general application to Indians or Indian nations, tribes, or bands of Indians which are not inconsistent with any specific provision of this Act shall be applicable to the Tribe. Makes the Tribe and members of the Tribe eligible for all Federal services and benefits furnished to federally recognized Indians.
United States · United States Congress · 15 June 1982
Condemns all acts of violence in Northern Ireland. Calls upon the United Kingdom to outlaw the Ulster Defense Association and any like terrorist organization.
United States · United States Congress · 15 June 1982
Urges the executive branch to: (1) avoid taking any actions which could foreclose eventual U.S. participation in the Convention on the Law of the Sea; (2) evaluate U.S. objectives for ocean use and relevant foreign policy interests with respect to the Convention; and (3) designate a U.S. representative to the meetings of the Drafting Committee of the Law of the Sea Conference and to the 1982 sessions of the Conference.
United States · United States Congress · 10 June 1982
Prohibition of Mandatory Retirement and Employment Rights Act of 1982 - Amends the Age Discrimination in Employment Act of 1967 to eliminate the upper age limitation of the class of persons to whom such Act applies.
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.
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 · 2 June 1982
Military Widows and Surviving Children Benefits Restoration Act -- Directs the Secretary of the military department concerned to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before enactment of the Omnibus Budget Reconciliation Act of 1981 to certain children between the ages of 18 and 22 attending institutions of higher learning. Limits eligibility for such payments to children of veterans who died on active duty or from a service-connected disability. Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary of the military department concerned to make monthly payments to the surviving spouse of such a veteran in the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary concerned to notify each member of the armed forces that their dependents will be ineligible for such benefits should the member die after the applicable date, in no case later than August 13, 1983. Directs the Secretary of Health and Human Services to provide the Secretary concerned with information necessary to carry out this Act.
United States · United States Congress · 2 June 1982
Military Widows and Surviving Children Social Security Benefits Restoration Act - Requires the Secretary of Health and Human Services to make monthly payments to persons who: (1) would have been entitled to child's insurance benefits on the basis of student status under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act as in effect before the amendments made by the Omnibus Budget Reconciliation Act of 1981; and (2) are children of individuals who were members or former members of the Armed Forces before August 13, 1981, and who die while in active military service within a specified time period or who die from a service-connected disability incurred within a specified time period. Provides that such monthly payments shall be equal to the monthly child's insurance benefit to which such persons would have been entitled under title II of the Social Security Act. Requires the Secretary to make monthly payments to persons who: (1) are surviving spouses of individuals who were members or former members of the Armed Forces before August 13, 1981, and who die while in active military service during a specified time period or who die from a service-connected disability within a specified time period; and (2) are not entitled to mother's insurance benefits under title II of the Social Security Act because they are caring for such veterans' children who are between the ages of 16 and 18 and are entitled to child's insurance benefits. Provides that such monthly payments shall be equal to the monthly mother's insurance benefit which such persons would receive under title II of the Social Security Act if the children in their care were under 16 years old. Provides that payments under this Act shall be paid from the Federal Old-Age and Survivors Insurance Trust Fund.
United States · United States Congress · 27 May 1982
Omnibus Victim-Witness Protection and Assistance Act of 1982 - Amends Rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain: (1) a statement of the harm done or loss suffered by the victim; (2) information on any available nonprison programs and resources; and (3) a statement of the financial needs of the defendant and his dependents, the restitution needs of the victims, and the amount of any gain derived from or loss caused by the criminal conduct of the defendant. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness, victim, or an informant." Prescribes an additional penalty for an individual convicted of one of the above offenses while on bail. Grants general authority to the Attorney General to relocate or protect government witnesses. Authorizes the attorney for the government to initiate civil proceedings to restrain tampering with a witness or victim. Allows for a defendant found guilty of an offense to be sentenced to make restitution. Directs the Attorney General to recommend to Congress laws necessary to compensate victims of crimes where restitution is not possible. Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or 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 and witnesses. 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.
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 · 26 May 1982
Handicapped Infants Protection Act of 1982 - Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect to conduct a study of child abuse or neglect in federally assisted or operated health care facilities. Directs the Secretary of Health and Human Services to: (1) report the results of this study to the Congress within three months; and (2) give priority to information about adoption and foster care of handicapped infants. Prohibits doctors or other health care facility personnel from withholding nutrition or medical treatment from a handicapped infant. Provides a private right of action for violations of this Act. States that any punitive damage awards shall be used for the benefit of the infant involved in the suit, or if deceased, for research and treatment of handicapped infants. Directs the Center to establish and disseminate violations reporting procedures. Provides civil and criminal immunity and job protection for persons reporting such violations. Requires health care facilities to provide parents or guardians of handicapped infants with information about agency assistance for these infants.
United States · United States Congress · 25 May 1982
Veterans' Organizations Tax Reform Act - Amends the Internal Revenue Code to provide that an organization of war veterans shall not be exempt from taxation if a substantial part of its activities consists of carrying on propaganda, or otherwise attempting to influence legislation with respect to matters not related to veterans affairs. Defines "veterans affairs" as issues directly relating to: (1) programs and benefits for veterans and the surviving spouses and children of veterans; and (2) the armed forces of the United States and national defense.
United States · United States Congress · 21 May 1982
Professional Sports Stabilization Act of 1982 - Declares that it shall not be unlawful under any antitrust law for a professional sports league and its member clubs to enforce rules: (1) requiring approval by the league membership for the relocation of a member club; or (2) providing for the division of league or member club revenues that promote comparable economic opportunities for member clubs. Prohibits State and local governments from imposing limitations on the collective conduct of sports leagues or member teams authorized by this Act. Specifies the applicability of this Act to actions commenced under the antitrust laws before its enactment.