United States · United States Congress · 3 January 1983
Natural Gas Marketing Improvements Act of 1983 - Amends the Natural Gas Policy Act of 1978 to provide that any contract for the sale of natural gas to any pipeline shall be deemed to include a purchase requirement adjustment clause, unless otherwise expressly provided in the contract. Provides that under a purchase requirement adjustment clause a purchaser may refuse to accept any portion of the gas purchased if the purchaser determines there is not a market for the gas. Prohibits a purchaser from reducing the volume accepted below 50 percent of the amount the purchaser contracted to take. Requires a purchaser to reduce the volume of the highest price gas first. Voids any contract provision that requires payment for gas not accepted pursuant to this Act. Prohibits a purchaser who has not accepted the full amount of gas under a contract from accepting gas for an equal or higher price under a new contract. Requires the Federal Energy Regulatory Commission to consider a pipeline's use of a purchase requirement adjustment clause in any purchase gas adjustment or general rate proceeding involving that pipeline. Provides that any contract for the sale of natural gas to any pipeline shall be deemed to include a transportation obligation clause. Provides that under a transportation obligation clause any purchaser who has exercised the right to reduce the volume of gas for which the purchaser contracted must provide, on behalf of the seller, transportation of any such gas which: (1) is involved in the reduction; (2) is resold by the seller to another purchaser; and (3) the purchaser would be required to pay for in the absence of the exercise of such contract provision. Provides that the consideration for any such transportation shall be $.05 per million Btu's plus the cost of transportation.
United States · United States Congress · 3 January 1983
Sunset Review Act of 1983 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office (GAO), before the beginning of the 99th Congress, after consultation with the appropriate legislative committees and the Congressional Budget Office, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Specifies information to be contained in such an inventory. Directs the GAO to publish a supplement to such inventory which includes certain budget information. Requires each legislative committee of the House of Representatives and the Senate, by a specified date in the first session of every Congress beginning with the 100th Congress, to report a resolution setting forth an agenda for the sunset review of selected Federal programs within its jurisdiction, or, in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Directs the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Requires, where practicable, that related programs and expenditures be reviewed during the same Congress. Requires the report accompanying any agenda reported in the 105th Congress and every fifth Congress thereafter to summarize the programs and expenditures reviewed and not reviewed during the five previous Congresses. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for the consideration and adoption of such agenda. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to provide the appropriate congressional committees with its views, information, and assistance. Directs the Comptroller General to supply specified information on audits. Directs the Comptroller General, the Director of the Congressional Budget Office, the Director of the Office of Technology Assessment, and the Director of the Congressional Research Service to furnish congressional committees such information as requested to assist in conducting sunset review of programs or tax expenditures under this Act. Exempts foreign intelligence or counterintelligence programs designated by the President as requiring protection from unauthorized disclosure. Directs the Permanent Select Committee on Intelligence of the House and the Select Committee on Intelligence of the Senate to review such programs pursuant to the spirit of this Act. Amends rule X of the Rules of the House of Representatives to accord with this Act.
United States · United States Congress · 3 January 1983
Sunset Act of 1983 - Title I: Reauthorization of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for fiscal year 1983. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program, after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to schedule and conduct a sunset review of programs to be reauthorized. Requires that the report accompanying such reauthorizations contain specified information and be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, as well as litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution, and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two Houses of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House of Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Makes provisions for any proposed change which has been reported by a committee before June 1, 1984. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist Congress in carrying out reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1984. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority and the manner in which related program areas may be grouped for evaluation and review. Permits the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation. Directs each Committee to inform itself of the related activities of or available assistance from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and other appropriate instrumentalities in the executive and judicial branches. Requires each committee to deliver a report on the reexamination to the Secretary of the Senate or the Clerk of the House at the date specified in the funding resolution first reported by such committee in 1985 and thereafter for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee. Defines the term "tax expenditure provision" as any provision of Federal law which allows a special exclusion, exemption, or deduction in determining liability for any tax or which provides a special credit against any tax, a preferential rate of tax, or a deferral of tax liability. Specifies the contents of the report, which include an estimate of the revenue loss from each tax provision. Requires the Director to: (1) submit a revised inventory to each House of Congress by December 1, 1984; (2) revise the inventory after the close of each session of Congress and report such revisions to Congress; and (3) periodically report on Congressional action on bills and resolutions which create or affect tax provisions. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires Congress to take final action on the reauthorization schedule for tax provisions before the end of the 98th Congress. Provides that each tax expenditure provision shall expire unless it is reauthorized by a law enacted during the Congress in which it is scheduled for review. Sets forth procedures and restrictions for the consideration of bills reauthorizing tax provisions, which are similar to the restrictions and procedures governing bills authorizing new budget authority for Federal programs as described in title I. Requires that the report accompanying a reauthorization bill include specified information. Permits Congress to prescribe technical rules necessary to mitigate adverse effects which might result for taxpayers who rely on a certain tax provision. Title V: Miscellaneous - Amends the Budget and Accounting Act of 1921 to permit the committees of Congress to obtain from the agencies of the Government estimates or requests for appropriations, or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the Government should be met. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a "Regulatory Duplication and Conflicts Report" for all programs scheduled for reauthorization in the next Congress. Requires that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Directs the chairmen of the House and Senate committees having jurisdiction over a program scheduled for reauthorization during a Congress, to introduce a bill constituting a reauthorization within 15 days of the beginning of the second session of that Congress. Declares that it shall be in order to discharge a committee from consideration of such a bill if the committee fails to report the bill by a specified date. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and Rules of the House of Representatives to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1990. Authorizes appropriations through fiscal year 1994.
United States · United States Congress · 3 January 1983
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 3 January 1983
States that the Strategic Arms Reduction Talks (START) between 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 verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) give special attention to destabilizing weapons; (4) pursue reductions through numerical ceilings and other means; (5) preserve present limitations on nuclear weapons; and (6) incorporate ongoing negotiations in Geneva on land-based intermediate-range nuclear missiles into the START negotiations. Requires that every effort be made to reach common positions with the NATO allies.
United States · United States Congress · 3 January 1983
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 · 3 January 1983
States that the President should, at the earliest possible date: (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 · 3 January 1983
Establishes in the House of Representatives the Select Committee on Children, Youth, and Families to conduct a comprehensive study and review of the problems of children, youth, and families.
United States · United States Congress · 3 December 1982
Immigration Reform and Control Act of 1982 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person to knowingly hire, maintain in his or her employment, or refer or recruit for a fee any alien not authorized to work. Makes it unlawful for an employer of four or more persons to hire anyone without complying with the verification procedure set forth in this Act. Makes following such procedure an affirmative defense for an employer so charged. Requires an employee to attest to his citizenship or legal work status. Requires an employer to: (1) attest, under penalty of perjury, that he has examined an employee's identification papers; (2) list (on or appended to the verification form) the names and addresses of all persons who applied in writing for a position within 90 days of such position's being filled; (3) keep such records for three years or one year after an employee leaves, whichever is longer; and (4) make these records available to the Department of Justice, the Civil Rights Commission, and the Equal Employment Opportunity Commission. Requires the President to implement a secure verification system within three years. Prohibits the use of this system or any required identification document for other law enforcement purposes. Sets forth graduated civil and criminal penalties for hiring violations. Authorizes the Attorney General to bring a civil action to enjoin persons systematically violating such hiring or verification provisions. Subjects employers to graduated civil penalties for verification and recordkeeping violations. Requires the Attorney General to provide notice and hearing opportunity before assessing any civil penalties. Permits the Attorney General to sue in U.S. district court to collect outstanding penalties. Entitles persons claiming to have been improperly denied employment to an administrative hearing. Authorizes appeals to: (1) the United States Immigration Board; and (2) within 60 days of a Board decision, to the U.S. court of appeals. Authorizes a party to seek enforcement of an administrative judge's order in U.S. district court. Sets forth judgment limits. States that the provisions of this Part preempt State and local sanctions regarding employment of unauthorized aliens. Authorizes FY 1983 appropriations for verification system implementation and monitoring. Requires the President to report to Congress every six months. Directs the Civil Rights Commission, the Attorney General, the Secretary of Labor, and the Chairman of the Equal Employment Opportunity Commission to monitor such program and investigate allegations of abuse. Directs the Commission to report to the appropriate congressional committees within 18 months. Directs the Attorney General, in cooperation with the Secretaries of Commerce, Labor, and Agriculture, and the Administrator of the Small Business Administration, to inform employers, employment agencies, unions, and the public about these requirements. Authorizes FY 1983 appropriations for such purposes. States that no penalties shall be imposed for the first six months after enactment of this Act. Amends the Farm Labor Contractor Registration Act to subject (beginning seven months after enactment) farm labor contractors to the requirements of this Act. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or two years' imprisonment or both). Part B: Enforcement and Fees - Expresses the sense of Congress that: (1) Immigration and Naturalization Service (INS) enforcement activities should be increased; and (2) such increase shall be provided for and monitored through the annual authorization of appropriations process. Eliminates the provisions preventing employment from being considered as harboring an alien. Makes it unlawful to knowingly or in reckless disregard of the fact that an alien is not authorized to enter the United States bring such person into the country (up to $5,000 or one year's imprisonment with additional penalties for a subsequent offense). Requires the Attorney General to impose maintenance fees for an alien's use of border or other INS facilities. Part C: Adjudication Procedures and Asylum - Directs immigration officers to exclude without hearing or further inquiry aliens without proper documents, or without any reasonable basis for legal entry or asylum. Requires that such aliens be informed of their right to an expedited redetermination proceeding. Directs the Attorney General after consulting with the congressional judiciary committees to establish procedures to assure that aliens are not excluded without an inquiry into their reasons for seeking U.S. entry. States that if an alien claims asylum the exclusion hearing shall be limited to the asylum issue. Establishes in the Department of Justice a United States Immigration Board to hear appeals from final decisions of immigration judges. States that the Board's determination shall be binding on all immigration judges, immigration officers, and consular officers unless modified by a court. Requires deportation or exclusion appeals to the Board to be filed within 20 days. Sets forth administrative and operating provisions. Replaces the existing special inquiry officer system with a system of immigration judges. Provides for the appointment of up to 70 judges. Grants such judges responsibility for exclusion, deportation, asylum, and status rescission cases, as well as penalty assessments. Provides for judicial review of exclusion cases and those asylum cases encompassed within deportation or exclusion orders. States that such final orders shall be reviewed in U.S. appeal courts. Reduces the period for filing such appeals from six months to 30 days. Restricts judicial review of asylum determinations to questions of: (1) jurisdiction; (2) compliance with laws and regulations; (3) constitutionality; and (4) arbitrary decisionmaking. Prohibits judicial review decisions from reopening: (1) exclusion, deportation, or asylum determinations; (2) denials of stays of exclusion or deportation; or (3) expedited exclusions. States that such restrictions and prohibitions should not be construed as limiting habeas corpus. Revises asylum provisions to: (1) require an alien under an exclusion or deportation order to apply for asylum within 14 days and to complete such application within 30 days after notice of such order unless changed circumstances in the alien's country cause a change in asylum eligibility; (2) prohibit an alien from reapplying for asylum after having been denied such status unless such changes have occurred; (3) require asylum applications to be heard before administrative law judges having special training in international law; (4) permit legal counsel at asylum hearings; (5) require an alien to be an admissible refugee in order to be granted asylum; (6) place the burden of proof on the applicant; (7) prohibit the reopening of an application proceeding unless changed circumstances in the alien's country cause a change in asylum eligibility; (8) require application determinations to be made within 30 days after the hearing (which shall be held within 45 days of the application's filing); and (9) make asylum hearings open to the public unless the alien requests otherwise. Requires the President to nominate Board members within 45 days. Sets forth other administrative and operating provisions for the transfer of asylum proceedings from the existing special inquiry system to the administrative law judge system. Authorizes appropriations for such purposes for FY 1983. Part D: Adjustment of Status - Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Title II: Reform of Legal Immigration - Part A: Immigrants - Revises labor certification provisions to: (1) require the Secretary of Labor to consider national, rather than local, employment and wage data; (2) include a finding that sufficient American workers could not be trained within a reasonable time period; and (3) prohibit courts from overturning certifications without compelling evidence that the decision was arbitrary. Makes such changes effective October 1, 1983. Includes within the definition of "special immigrant": (1) unmarried sons and daughters and surviving spouses of employees of certain international organizations ("J" status); and (2) unmarried Amerasian children (under 21 years old) of U.S. servicemen ("I" status). Requires the Attorney General to report to Congress by December 31, 1984, regarding Amerasian admissions. Grants nonimmigrant status to: (1) parents of children receiving "J" status while they are minors; and (2) other children of such parents or a surviving "J" status spouse. Includes the relationship between an illegitimate child and its natural father within the definition of "child" for purposes of status, benefit, or privilege under such Act. Amends the Immigration and Nationality Act Amendments of 1981 to: (1) extend the numerical limitation waiver to certain self- supporting retirees; and (2) permit certain aliens already in the United States with labor certificates and priority dates up to October 1, 1984, to work at their jobs until their visas are available. Part B: Nonimmigrants - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant worker (H- 2 visa) provisions. Restricts the definition of agricultural labor or services to specified definitions in the Fair Labor Standards Act of 1938 and the Internal Revenue Code. Limits H-2 workers to an eight month stay in any calendar year. Authorizes agricultural workers to remain longer if prior to enactment of this Act the Secretary of Labor has recognized an extension as necessary. Prohibits entry to workers who have violated entry conditions within the past five years. Prohibits entry to agricultural workers unless specified conditions have been met respecting housing, injury benefits, meals and transportation, and wage including piece rates, and recordkeeping. Requires an employer submitting an H-2 visa petition to certify that: (1) there are not enough qualified U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Makes such certification a prerequisite for the admission of H-2 workers. Prohibits the Attorney General from approving more H-2 petitions in any fiscal year than were approved in FY 1982 unless the Secretary of Labor has certified to the Attorney General and to Congress that sufficient enforcement funds are available. Permits the Secretary to charge application fees. Requires employers of H-2 agricultural workers to pay them an additional amount equal to the amount of FICA and unemployment taxes that would have been paid to U.S. workers. Prohibits the Secretary from approving a petition if: (1) a job is open because of a strike or other labor dispute; or (2) the employer violated certification terms, including failure to pay penalties. Provides with regard to H-2 agricultural workers that: (1) employers must submit petitions at least 80 days in advance of need; (2) the Secretary must respond promptly in writing regarding a disapproved petition, and within 20 days of need regarding an approved petition; (3) there must be a 60-day recruitment period before an employer may file a petition; (4) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings; and (5) producer associations may file such petitions (individual members or users are still liable for any violations). Authorizes appropriations beginning with FY 1983 for recruitment of domestic workers, work program monitoring, and certification expenses. Provides a private right of action in U.S. district court for any person aggrieved by a violation of the H-2 provisions. Directs the Secretary, in consultation with the Attorney General, to: (1) promulgate implementing regulations; and (2) report to Congress within 18 months regarding improvements in the temporary worker program. Expresses the sense of Congress that the President should establish an advisory commission to consult with Mexico and advise the Attorney General regarding such tempory worker program. Requires foreign students to return to their home country for two years before being eligible to apply for U.S. permanent residence. Permits waiver of such requirement where a student: (1) is an immediate relative of a U.S. citizen; or (2) has an American degree and a college teaching or research job offer. Ends such waiver program as of September 30, 1989. Permits foreign students with degrees in specified fields to change their nonimmigrant classification to "trainee." States that time spent in student or trainee status shall not count for purposes of eligibility for suspension of deportation. Authorizes the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to five countries providing a similar benefit to the United States. Sets forth program provisions. Authorizes a visa waiver program for Guam. Title III: Legalization - Provides for the status adjustment of certain aliens who entered the United States before January 1, 1980. Authorizes the Attorney General to adjust to permanent resident status those aliens who: (1) entered the United States illegally before January 1, 1977; (2) have since resided continuously in the country; (3) are otherwise admissible; and (4) apply for such adjustment in 1983. Authorizes similar status adjustment for specified aliens who entered legally as nonimmigrants but whose period of authorized stay ended before January 1, 1977. (Stipulates that in the case of exchange visitors the two-year foreign residence requirement must have been met or waived.) Authorizes the Attorney General to adjust to temporary resident status Cuban/Haitian entrants and specified undocumented aliens who have resided in the United States since January 1, 1980. Requires such applications to be filed in 1983. Permits such temporary resident aliens to: (1) work in the United States; (2) apply for permanent resident status after three years; and (3) travel abroad. Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States; or (2) who have taken part in political, religious, or racial persecution. Authorizes the Attorney General to terminate temporary resident status if an alien has not filed for adjustment to permanent status within three and one-half years. Directs the Attorney General, in cooperation with designated voluntary agencies, to disseminate information about such status legalization program. Waives numerical limitations, labor certification, and other specified entry violations for such aliens. Permits the Attorney General to waive other grounds for exclusion (except criminal, most drug-related, and security grounds) to assure family unity or when otherwise in the national interest. Requires the Attorney General to: (1) issue implementing regulations by December 31, 1982; and (2) provide an alien otherwise eligible but unregistered who is apprehended before January 1, 1983, an opportunity to apply for the legalization program before deportation or exclusion proceedings are begun. Makes temporary resident (other than Cuban/Haitian entrants) and (for their first three years) permanent residents, ineligible for Federal public assistance (other than medical care, aid to the aged, blind, or disabled, and public health). Authorizes appropriations for such programs for FY 1983. Requires the President to report to Congress within 18 months on the impact of such program. Repeals Public Law 89-732 regarding status adjustment for certain Cubans who entered the United States before April 21, 1980. Updates the registry date for permanent entry admissions records from June 30, 1948 to January 1, 1973. Authorizes appropriations for FY 1983 through 1986 for State legalization assistance. Requires the Secretary of Health and Human Services, subject to available appropriations, to provide full reimbursement to States for costs incurred in providing specified services to aliens during the period they were ineligible for Federal assistance. Requires the Secretary of Education, subject to available appropriations, to assist States in meeting such aliens' added educational costs. Includes such legalized aliens under the coverage of titles I through IV of the Refugee Education Assistance Act of 1980.
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 · 29 November 1982
Amends the Natural Gas Policy Act of 1978 to provide that the provisions of any gas sales or purchase contract applicable to the first sale of natural gas which have the effect of requiring the purchaser to make a payment to the seller if gas volumes tendered by the seller under the contract are not taken by the purchaser shall be suspended and of no effect. Provides, however, that if the seller and buyer apply to the Commission, the Commission may permit such agreements if it finds: (1) that such agreements were made before November 29, 1982; (2) that, if the purchaser is a natural gas company, such contractual agreements will not cause unreasonable rates; and (3) that permitting such contractual arrangements is necessary to prevent a default by seller on a loan or debt in effect on November 29, 1982, or permitting such contractual arrangements is necessary to prevent a taking, without fair compensation, of seller's property. Prohibits cost passthroughs by an interstate pipeline for imprudent actions on the part of the pipeline.
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 · 16 September 1982
Directs the Committee on Governmental Operations of the House and the Committee on Governmental Affairs of the Senate to study: (1) the budgetary systems of States required to maintain balanced budgets; and (2) the impact of off-budget activities on the Federal budget process. Requires that such Committees recommend changes to the Federal budget system necessary for a balanced budget framework. Title I: Amendments to Budget and Accounting Act, 1921 - Amends the Budget and Accounting Act, 1921, to require that any budget submitted to Congress by the President shall set forth a level of estimated expenditures which do not exceed receipts. Provides that the President, for reasons of national security or economic necessity may submit two budgets, only one of which is balanced. Title II: Amendments to Congressional Budget Act of 1974 - Amends the Congressional Budget Act of 1974 to provide for the annual adoption of one concurrent resolution on the budget. Requires the submission of balanced budgets by the Committees on the Budget of each House. Allows the Committees to submit two budgets, only one of which is balanced, if the Committees find it infeasible to submit a complying budget. Repeals provisions which require a second concurrent resolution on the budget. Revises certain reconciliation procedures. Provides that the budget resolution shall be binding unless waived by a three-fifths vote in either House of Congress. Requires the chairman of the House and Senate Budget Committees and a presidential appointee to meet and agree upon common economic and technical estimating assumptions to be used for preparation of the President's budget proposal. Requires, beginning with FY 1984, that the appropriate level of total budget outlays set forth in any concurrent resolution on the budget, as reported, for a fiscal year not exceed specified percentages of the Trend Gross National Product for such fiscal year. Sets forth the definition of the Trend Gross National Product for the purposes of this Act. Title III: Technical and Conforming Amendments - Amends the Congressional Budget and Impoundment Control Act of 1974, the Congressional Budget Act of 1974, and the Rules of the House of Representatives to make technical and conforming changes. Title IV: Effective Date - Sets forth the effective dates for this Act.
United States · United States Congress · 19 August 1982
Title I: Federal Tort Claims Amendments - Amends the Federal Tort Claims Act to make a tort claim resulting from a Government employee's negligent act which was within the scope of the employee's office or employment exclusive of any other civil action arising out of the same subject matter. Requires the substitution of the United States as the party defendant upon certification by the Attorney General that the defendant employee was acting within the scope of his or her employment. Makes such certification binding and conclusive. Amends definitions to make such Act applicable to the following agencies and their employees: (1) the Senate; (2) the House of Representatives; (3) U.S. courts; and (4) any agency of the judicial branch. Title II: Constitutional Torts - Provides that the district courts shall have exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts. Establishes a constitutional tort remedy against the United States for an act of a Government employee which the Attorney General certifies was within the scope of such employee's office or employment. Limits recovery to the greater of either: (1) actual damages; or (2) liquidated damages in an amount which is the greater of $2,000 or, in the case of a continuing violation, $200 per day for each violation. Provides that if the conduct giving rise to the tort was done with the malicious intention to cause the deprivation of constitutional rights or with reckless disregard of the plaintiff's constitutional rights, damages shall not be more than $100,000. Authorizes the United States to assert as a defense to a constitutional tort the absolute or qualified immunity of the Government employee, or his or her reasonable good faith belief that his or her conduct was lawful. Requires a claimant before suing the United States for money damages based on a constitutional tort to have first presented the claim to the appropriate Federal agency. Permits either party to request a jury trial. Permits the Attorney General to settle or compromise a constitutional tort claim. Authorizes the award of attorney's fees to a successful claimant. Makes the remedy against the United States provided by the Federal Torts Claims Act and this Act for claims for money damages based on constitutional torts exclusive of any other civil action. Directs the Attorney General, where an action results in a judgment against the United States, to forward the matter to the employing agency for further investigation or disciplinary action. Exempts from tort claims: (1) the Tennessee Valley Authority; (2) the Panama Canal Commission; (3) Federal land banks; (4) Federal intermediate credit banks; and (5) banks for cooperatives. Makes technical and conforming amendments. Title III: Amendments to Other Laws; Applicability of Act - Makes conforming amendments relative to medical malpractice provisions concerning Federal health professionals. Makes additional technical amendments.
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 · 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 · 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
Provides for the appointment of a special prosecutor to carry out investigative and prosecutorial functions relating to offenses involving controlled substances and unlawful sexual conduct alleged to have been committed by congressional Members of Congress and congressional employees.
United States · United States Congress · 24 June 1982
Amends the Federal criminal code to authorize a verdict of "guilty but insane" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides that a defendant is "guilty but insane" if his actions constitute all necessary elements of the offense charged other than the requisite state of mind. Provides that if the dependant is found "guilty but insane" the court may commit the defendant to serve all or a portion of a sentence in a suitable facility for treatment of his mental condition. Requires the defendant to serve the remaining portion of his sentence upon release from the mental facility.
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 · 27 May 1982
Immigration Reform and Control Act of 1982 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person to knowingly hire, maintain in his or her employment, or refer or recruit for a fee any alien not authorized to work. Makes it unlawful for an employer of four or more persons to hire anyone without complying with the verification procedure set forth in this Act. Makes following such procedure an affirmative defense for an employer so charged. Sets forth such verification procedure which requires an employer (of four or more persons) to attest, under penalty of perjury, that he or she has examined an employee's identification papers, and requires an employee to attest to his or her citizenship or legal work status. Requires employers to keep such records for five years or one year after an employee leaves, whichever is longer. Requires the President to implement a secure verification system within three years. Prohibits the use of this system or any required identification document for other law enforcement purposes. Sets forth graduated civil and criminal penalties for verification violations. Authorizes the Attorney General to bring a civil action to enjoin persons systematically violating such hiring provisions. Subjects employers to a $500 civil penalty for verification and recordkeeping violations. Requires the Attorney General to provide notice and hearing opportunity before assessing any civil penalties. Permits the Attorney General to sue in U.S. district court to collect outstanding penalties. States that the provisions of this Part preempt State and local sanctions regarding employment of unauthorized aliens. Authorizes FY 1983 appropriations for verification system implementation and monitoring. Requires the President to report to Congress every six months. Directs the Attorney General, in cooperation with the Secretaries of Commerce, Labor, and Agriculture, and the Administrator of the Small Business Administration, to inform employers, employment agencies, unions, and the public about these requirements. Authorizes FY 1983 appropriations for such purposes. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or five years' imprisonment or both). Part B: Enforcement and Fees - Expresses the sense of Congress that: (1) Immigration and Naturalization Service (INS) enforcement activities should be increased; and (2) such increase shall be provided for, and monitored through, the annual authorization of appropriations process. Eliminates the provision preventing employment from being considered as harboring an alien. Makes it unlawful to knowingly, or in reckless disregard of the fact that an alien is not authorized to enter the United States, bring such person into the country (up to $5,000 fine or one year's imprisonment with additional penalties for a subsequent offense). Requires the Attorney General to impose maintenance fees for an alien's use of border or other INS facilities. Part C: Adjudication Procedures and Asylum Inspection and Exclusion - Directs immigration officers at entry points to exclude without hearing or further inquiry aliens without proper documents or without any reasonable basis for legal entry or asylum. States that if an alien claims asylum, the exclusion hearing shall be limited to the asylum issue. Establishes in the Department of Justice a United States Immigration Board to hear appeals from final decisions of immigration judges. States that the Board's determination shall be binding on all immigration judges, immigration officers, and consular officers unless modified by a court or the Attorney General. Permits the Attorney General to review a Board determination within 30 days if the matter is in the national interest. Sets forth administrative and operating provisions. Replaces the existing special inquiry officer system with a system of immigration judges. Provides for the appointment of up to 70 judges. Grants such judges responsibility for exclusion, deportation, asylum, and status rescission cases. Requires exclusion appeals to be filed with the Board (rather than the Attorney General) within 15 days. Limits judicial review in exclusion and asylum cases to the question of habeas corpus. Reduces the period for filing a petition for judicial review of final orders of exclusion, deportation, and asylum from six months to 30 days. Prohibits judicial review of: (1) exclusion, deportation, or asylum determinations; (2) denial of stays of exclusion or deportation; or (3) summary exclusion. Requires an action for judicial review of any administrative action, other than a final order of deportation, to be filed within 30 days after the date of the final administrative action or the date of enactment of this Act, whichever is later. Revises asylum provisions to: (1) require an alien under an exclusion or deportation order to apply for asylum within 14 days and to complete such application within 30 days after notice of such order unless changed circumstances in the alien's country cause a change in asylum eligibility; (2) prohibit an alien from reapplying for asylum after having been denied such status unless such changes have occurred; (3) require asylum applications to be heard before administrative law judges having special training in international law; (4) permit legal counsel at asylum hearings; (5) require an alien to be an admissible refugee in order to be granted asylum; (6) place the burden of proof on the applicant; and (7) prohibit the reopening of an application proceeding unless changed circumstances in the alien's country cause a change in asylum eligibility. Requires the President to nominate Board members within 45 days. Sets forth other administrative and operating provisions for the transfer of asylum proceedings from the existing special inquiry system to the administrative law judge system. Authorizes appropriations for such purpose for FY 1983. Part D: Adjustment of Status - Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Title II: Reform of Legal Immigration - Part A: Immigrants - Revises numerical limitation provisions to: (1) establish a "family reunification" category of 375,000 (minus the number of prior-year immediate relatives); (2) establish an "independent" category of 75,000 (minus the number of prior-year special immigrants); and (3) permit 40,000 annual entrants each from Mexico and Canada, with each country entitled to the other's unused visas. Sets forth "family reunification" preference allocations as follows: (1) unmarried sons and daughters of U.S. citizens; (2) spouses and children of permanent residents; (3) married sons and daughters of U.S. citizens; and (4) brothers and sisters of U.S. citizens with already approved visas. Sets forth "independent" preference allocations as follows: (1) aliens of exceptional ability; (2) skilled workers; (3) investors; (4) unskilled workers; and (5) nonpreference workers. Sets forth an interpreference allocation guide. Revises labor certification provisions to: (1) require the Secretary of Labor to consider national, rather than local, employment and wage data; (2) include a finding that sufficient American workers could not be trained within a reasonable time period; and (3) prohibit courts from overturning certifications without compelling evidence that the decision was arbitrary. Includes within the definition of "special immigrant": (1) unmarried sons and daughters and surviving spouses of employees of certain international organizations; and (2) unmarried Amerasian children (under 21 years old) of U.S. servicemen. Includes within the definition of "nonimmigrant": (1) parents of minor children having special immigrant status; (2) other children of such parents; and (3) children of surviving spouses or retirees (of foreign organizations) having special immigrant status. Sets forth transitional provisions. Part B: Nonimmigrants - Separates temporary agricultural labor from other temporary labor for purposes of nonimmigrant worker provisions. Limits H-2 visa temporary workers to a maximum eight-month stay per year, except for agricultural workers who may stay for more than one year if previously so allowed. Requires an employer H-2 visa petition to certify that: (1) there are not enough local U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Permits the Secretary of Labor to charge application fees. Prohibits the Secretary from approving such petition if: (1) the job is open because of a strike or lock-out; (2) the alien violated temporary worker admissions terms wihin the past five years; or (3) the employer violated similar terms within the past two years. Provides with regard to temporary agricultural workers that: (1) employers need not submit such petition more than 50 days in advance of need; (2) the Secretary must decide on a petition within 20 days of need; (3) producer associations may file such petitions; and (4) the Secretary shall establish expedited procedures for review of denied petitions or de novo administrative hearings. Requires the Secretary, in consultation with the Attorney General and the Secretary of Agriculture, to report annually to the Congress. Authorizes appropriations beginning with FY 1983 to recruit domestic workers and monitor the nonimmigrant worker program. Requires a report within 18 months concerning improvements to be made in such program. Prohibits foreign students from adjusting their status to permanent resident unless they are immediate relatives of U.S. citizens. Requires foreign students to return to their home country for two years before being eligible to apply for a U.S. permanent resident visa. Authorizes the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to five countries providing a similar benefit to the United States. Sets forth program provisions. Title III: Legalization - Authorizes adjustment of status to permanent resident for specified undocumented aliens who have resided in the United States since January 1, 1978. Requires such applications to be filed within one year. Authorizes a temporary resident status for Cuban/Haitian entrants and for specified undocumented aliens who have resided in the United States since January 1, 1980. Requires such applications to be filed within one year. Permits such temporary resident aliens to: (1) work in the United States; (2) apply for permanent resident status after two years; and (3) travel abroad. Makes temporary residents (other than Cuban/Haitian entrants) ineligible for Federal public assistance (other than medical care, aid to the aged, blind, or disabled, and public health). Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States; or (2) who have taken part in political, religious, or racial persecution. Authorizes the Attorney General to terminate temporary resident status if an alien has not filed for adjustment to permanent status within 31 months. Directs the Attorney General, in cooperation with designated voluntary agencies and the Secretary of Labor, to disseminate information about such status legalization program. Authorizes appropriations for such program for FY 1983. Requires the President to report to Congress within 18 months on the impact of such program.
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 · 20 May 1982
Prohibits Federal involvement in the performance of abortions, except when the life of the mother would be endangered if the child were carried to term. Includes the following activities within the scope of this prohibition: (1) performance of an abortion by a Federal agency; (2) use of appropriated funds to perform or reimburse or refer for abortions; (3) use of funds for research or training with respect to abortion; or (4) contracting for insurance which pays or reimburses for abortion. Prohibits any institution receiving Federal funding from discriminating against any employee or student because of such person's opposition to abortion. Authorizes the bringing of individual or class actions in Federal court to enforce this Act. Provides for expedited Supreme Court review with regard to this Act.
United States · United States Congress · 19 May 1982
Small Business Regulatory Relief Tax Act of 1982 - Delays until July 1, 1984, the effective date of Treasury regulations determining whether an interest in a corporation is to be treated as stock or indebtedness. Directs the Comptroller General to study and report to Congress on the impact of such regulations on small business.
United States · United States Congress · 28 April 1982
Tax Accountability for Congress Act - Amends the Internal Revenue Code to repeal the provision allowing an income tax deduction without substantiation for living expenses of Members of Congress.
United States · United States Congress · 28 April 1982
Amends the Internal Revenue Code to repeal the provision allowing an income tax deduction without substantiation for living expenses of Members of Congress. Amends rule XLVII of the Rules of the House of Representatives to limit the amount of outside income a Member may earn to not more than 15 percent of the Member's aggregate salary. Provides that Members may not accept any honorarium of more than $1,000.
United States · United States Congress · 27 April 1982
Directs the Secretary of Transportation to make grants to States which adopt and implement programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol. Limits the receipt of such grants to three fiscal years and sets forth the Federal share payable for each successive year. Requires the Secretary to establish criteria for the grants based on areas of consideration provided under this Act. Authorizes appropriations from the Highway Trust Fund for fiscal years 1983 through 1985. Directs the Secretary to issue regulations to implement such traffic safety programs after a period for public comment. Sets the effective date of such regulations, unless they are disapproved by either House of Congress.
United States · United States Congress · 21 April 1982
Expresses the sense of Congress that the nuclear attack submarine named the Corpus Christi should be renamed and that a nonlethal naval vessel should be named the Corpus Christi.
![Official portrait of Rep. Mazzoli, Romano L. [D-KY-3]](https://www.congress.gov/img/member/m000291_200.jpg)