United States · United States Congress · 20 May 1982
Victim and Witness Protection and Assistance Act of 1982 - Amends the Federal criminal code to include in the presentence report of the defendant: (1) a statement of the harm done or loss suffered by the victim; (2) information on any available nonprison programs and resources; and (3) statements regarding the financial needs of the defendant and his dependents, the restitution needs of the victim and the amount of any gain derived from or loss caused by the criminal conduct of the defendant. Makes it a Federal offense punishable by a fine of not more than $250,000 or imprisonment for not more than five years, for anyone to knowingly use force or threats to influence or intimidate a witness or informant. Makes it a Federal offense to retaliate against a witness or informant. Allows for a defendant found guilty of an offense to be sentenced to make restitution. Requires the Attorney General to develop and implement guidelines for the Department of Justice for the fair treatment of crime victims and witnesses in criminal cases. Directs the Attorney General to report to Congress, within one year of enactment of this Act, on the desirability of legislation concerning profit made by an individual from publicity of his criminal conduct.
United States · United States Congress · 20 May 1982
Victims of Crime Compensation Act of 1982 - Title I: State Crime Victim Compensation Assistance Powers of the Attorney General - Directs the Attorney General to make grants to qualified state programs for the compensation of victims of crimes. Provides that such grants shall total: (1) 50 percent of allowable compensation paid to victims of State crimes designated by the State to be appropriate for compensation; and (2) 100 percent of allowable compensation to victims of crimes which would constitute designated crimes but are subject to exclusive Federal jurisdiction. Establishes a nine-member Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime. Specifies criteria for a State plan to qualify for grants, including that the program: (1) offer compensation to surviving dependents of persons whose deaths result from qualifying crimes; (2) grant claimants the right to a hearing; (3) condition compensation on cooperation with law enforcement officials; (4) not require claimants to seek welfare benefits; (5) deny or reduce recovery where the claimant contributed to the injury; and (6) not require apprehension or conviction of the offender. Requires that the State: (1) inform victims of the compensation program; (2) have a law or rule subrogating the State to any claim the claimant has against the perpetrator of the crime; (3) have a law or rule authorizing payment of restitution to the victim by the perpetrator; and (4) have a law or rule requiring proceeds from any interview or article relating to the crime to be paid into an escrow fund for the benefit of victims. Enumerates expenses which shall be excluded from a State's program costs when determining the amount of the authorized grant, including any amount of an award exceeding $50,000 per victim and lost earnings compensation exceeding $200 per week. Directs the Attorney General to report annually to the Congressional judiciary committees on each qualifying State program. Authorizes appropriations for fiscal years 1983 through 1985 to carry out this Act. Title II: Crime Victims Compensation Trust Fund - Establishes a "Crime Victims Compensation Trust Fund in the Treasury." Funds the trust with amounts received from the excise tax on pistols and revolvers.
United States · United States Congress · 18 May 1982
Interstate Taxation Act - Title I: Jurisdiction to Tax - Establishes uniform standards for the taxation by States of interstate business enterprises. Prohibits a State or its political subdivisions from: (1) imposing a net income tax or capital stock tax on a corporation unless such corporation has a business location in the State; (2) requiring an individual to collect a sales or use tax unless such individual has a business location or regularly makes household deliveries in the State; or (3) imposing a gross receipts tax on the sale of tangible personal property unless the seller has a business location in the State. Title II: Maximum Percentage of Income or Capital Attributable to Taxing Jurisdiction - Prohibits a State or its political subdivisions from imposing upon a corporation (other than an excluded corporation) with a business location in more than one State a net income tax which is greater than that amount calculated under a specified two-factor property, payroll apportionment formula. Defines the property factor as a fraction, the numerator being the average value of the corporation's property in a State and the denominator being the average value of all the corporation's property located in any State in which the corporation has a business location. Values owned property at its original cost. Values leased property at eight times the gross rents payable by the corporation. Excludes property which has been permanently retired from use and tangible personal property rented out by the corporation to another person for one year or more. Defines the payroll factor as a fraction, the numerator being wages paid in the State and the denominator being the wages paid to all employees in any State. Permits a State to impose a capital account tax upon a domiciliary corporation without division of capital, notwithstanding the jurisdictional standards and limits on attribution otherwise promulgated by this Act. Title III: Sales and Use Taxes - Permits a State to impose a sales tax or require a seller to collect a sales or use tax on the interstate sale of tangible personal property if the destination of the sale is in that State or in a State or political subdivision for which the tax is required to be collected. Prohibits a State from imposing a use tax on the tangible personal property of persons without a business location or individuals without a dwelling place in that State. Permits States to collect sales and use taxes on motor vehicles registered in such States and on the consumption of motor fuels, notwithstanding the jurisdictional standards promulgated by this Act. Prohibits a State from imposing a sales or use tax upon the cost or value of household goods, including motor vehicles, which an individual brings into that State upon establishing residence, if such goods were acquired 30 days or more before the individual established residence. Excludes freight charges on interstate sales which are separately stated from the sales price for purposes of determining the sales or use tax. Exempts a seller of tangible personal property in interstate commerce from liability for the collection or payment of a sales or use tax if the seller obtains from the buyer identification that the buyer is registered with the jurisdiction imposing the sales or use tax to collect or pay such tax, or a certificate indicating that the seller is exempt from the payment of such tax in that jurisdiction. Title IV: Evaluation of State Progress - Requires the Committee on the Judiciary of the House of Representatives and the Committee on Finance of the Senate to evaluate, during the four years following the enactment of this Act, the progress which the States and their political subdivisions are making in resolving the problems arising from State taxation of interstate commerce, and to make proposals for the resolution of such problems if the States have not made substantial progress toward their resolution. Title V: Taxation of Individuals - Prohibits a State from taxing the income of an individual which was earned while such individual was not domiciled in such State (except to the extent that the income was earned from sources within the State), or which was earned from sources outside the State while the individual was domiciled in the State (except to the extent the tax exceeds any income tax paid on income to the State in which the income was earned). Title VI: Definitions and Miscellaneous Provisions - Defines "excluded corporation" to be a corporation which: (1) derives more than 50 percent of its ordinary gross income from the business of transportation for hire, telephone or telegraph service, the sale of electrical energy, gas, or water, insurance, or banking and which receives such income from dividends, interest, or royalties; (2) is a personal holding company; or (3) has an average annual income in excess of $1,000,000. Prohibits a State from imposing upon any person a greater liability for sales, use, or gross receipts tax on transactions which occur outside the State than for transactions which occur within such State. Prohibits a State from charging a taxpayer for the cost of conducting an audit outside the State for a tax to which this Act applies. Prohibits a State from assessing taxes against any person for any period prior to the enactment of this Act.
United States · United States Congress · 12 May 1982
Amends the Clayton Act to revise procedures for consensually resolving civil antitrust actions brought by or on behalf of the United States. Requires any proposed stipulation submitted by the United States for entry to terminate such an action or to modify any stipulation, order, or judgment entered to terminate such an action to be filed with the district court before which such action is pending. Prohibits the stipulation from being entered until 61 days after it is filed. Directs the United States, on the day the stipulation is filed, to: (1) publish it in the Federal Register; (2) file with the court a statement describing the nature and purpose of the action and the reasons in support of the stipulation; (3) file with the court and make available to the public a copy of certain documents that influenced the United States to agree to such stipulation, except to the extent that material in any document is exempt from disclosure under the Freedom of Information Act; and (4) notify persons who requested notification of such a stipulation. Specifies circumstances under which: (1) the United States may file a summary instead of a copy of data from such documents; and (2) the district court may shorten the period between the dates a stipulation may be filed and entered. Requires defendants in such an action to file descriptions of any communication with a Federal employee concerning such a stipulation and to certify that such descriptions are accurate and complete before the stipulation may be entered. Directs the United States to file with the court and make available to the public a copy of each written comment it received on the stipulation between the filing and entrance dates and a copy of any Government response. Directs the court to consider such comments and responses in determining whether to enter such stipulation. Directs the court to enter a stipulation that would terminate an action without express limitations on the defendant's future conduct unless it determines that there is substantial reason to believe that the Government would prevail in any of its claims. Directs the court to enter a stipulation that would terminate an action with express limitations on the defendant's future conduct or that would terminate or modify a stipulation, order, or judgment entered in such action if the court determines that such stipulation would represent a fair compromise, advance the purposes of the antitrust laws, or otherwise serve the public interest. Directs a court to: (1) notify the Attorney General of any determination that a stipulation should not be entered; (2) take specified actions to gather additional information necessary to reaffirm that determination; and (3) direct the Attorney General to reevaluate such stipulation and file a statement on the results of such reevaluation. Directs the court: (1) to enter such stipulation if the Attorney General determines that the United States will not request its withdrawal; and (2) to allow the United States to withdraw from such action if the addition of any new party plaintiff prevents the court from entering such stipulation. Permits a court which enters such a stipulation or allows the United States to withdraw from such an action to require the Attorney General to retain all materials gathered by the Department of Justice in connection with such action.
United States · United States Congress · 11 May 1982
Expresses the sense of the House of Representatives that reducing unemployment should be given a higher priority in determining U.S. fiscal and monetary policy.
United States · United States Congress · 11 May 1982
Expresses the sense of the House of Representatives that the Department of the Army should grant a permit to the Vietnam Veterans Against the War (VVAW) to hold a public memorial ceremony in Arlington National Cemetery on May 15, 1982.
United States · United States Congress · 10 May 1982
Expresses the sense of the Congress that: (1) the Soviet Union should comply with certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet compliance with internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 6 May 1982
Department of Justice Appropriation Authorization Act, Fiscal Year, 1983 - Authorizes appropriations for FY 1983 to the Department of Justice for: (1) general administration; (2) the United States Parole Commission; (3) general legal activities; (4) the Antitrust Division; (5) the Foreign Claims Settlement Commission; (6) United States Attorneys and Marshals; (7) U.S. trustees; (8) support of U.S. prisoners in non-Federal institutions; (9) fees and expenses of witnesses; (10) the Community Relations Service; (11) the Federal Bureau of Investigation (FBI), including classification of arson as a part I crime in its Uniform Crime Reports; (12) the Immigration and Naturalization Service (INS); (13) the Drug Enforcement Administration, including activities under the Controlled Substances Act; and (14) the Federal Prison System. Requires each organization of the Department to notify in writing the Committees on the Judiciary and other appropriate committees of Congress (including ranking Minority Party Members) of the reprogramming of funds and significant program changes at least 15 days before effecting such changes.
United States · United States Congress · 5 May 1982
Expresses the sense of Congress that the President should: (1) urge the Soviet Union to allow Ida Nudel to emigrate; and (2) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with other countries.
United States · United States Congress · 4 May 1982
Expresses congressional approval of the 1979 strategic arms limitation agreement between the Soviet Union and the United States (SALT II). Directs the President to transmit to the Soviet Union the necessary instruments of ratification.
United States · United States Congress · 29 April 1982
Amends rule XXII of the Rules of the House of Representatives to make it out of order in the House, during the Ninety-seventh Congress, to consider legislation that would reduce benefits or cost of living adjustments now or in the future under: (1) title II of the Social Security Act (Old Age, Survivors and Disability Insurance); (2) the Railroad Retirement Act; (3) any retirement system for civilian employees of the Federal Government; and (4) any provision of law providing retired or retainer pay for members of the uniformed services.
United States · United States Congress · 28 April 1982
Amends Federal law to authorize the Marshal of the Supreme Court to appoint and fix the compensation of employees to serve as Supreme Court Police. Directs the Marshal to: (1) oversee the work of the Supreme Court Police; and (2) prescribe regulations approved by the Chief Justice as necessary for the adequate protection of the Supreme Court Building, grounds, persons and property, and for the maintenance of order.
United States · United States Congress · 28 April 1982
Excludes amounts received under a veteran's educational assistance program for purposes of determining such veteran's eligibility for any other federally funded educational assistance program.
United States · United States Congress · 28 April 1982
Amends the Energy Policy and Conservation Act to eliminate provisions which: (1) permit petitions to the Secretary of Energy for prescription of rules which supersede State energy efficiency standards; and (2) provide for supersedure of State energy efficiency standards prescribed after January 1, 1978.
United States · United States Congress · 28 April 1982
Expresses the sense of the Congress that the President should encourage: (1) Indonesia to allow appropriate international relief agencies increased access to East Timor; (2) the appropriate international agencies, Indonesia, Portugal, and Australia to facilitate the reunification of families separated because of developments in East Timor; (3) Indonesia to allow journalists and human rights organizations free access to East Timor; and (4) Indonesia to agree to negotiations through which Indonesian troops will be withdrawn from East Timor and the people of East Timor will be allowed to exercise their right of self-determination.
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 · 27 April 1982
Trademark Counterfeiting Act of 1982 - Amends the Federal criminal code to establish penalties of up to five years' imprisonment and/or a $250,000 fine for trafficking or attempting to traffic in counterfeit marks in the foreign or domestic commerce of the United States. Permits any injured owner of a mark registered on the principal register of the U.S. Patent and Trademark Office to sue for treble damages in Federal district court.
United States · United States Congress · 26 April 1982
Olympic Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins and ten-dollar gold coins emblematic of the 1984 Los Angeles Summer Olympic Games. Requires the Secretary to determine the designs of such coins. Requires the issuance of the silver coins in two separate designs, one in 1983 and one in 1984. Declares such coins legal tender and limits the amount issued. Directs the Secretary to prescribe regulations for the sales of such coins within the United States, including a surcharge per coin. Requires the Secretary to assign the rights to market such coins outside the United States to one or more marketing organizations selected by a committee consisting of the Secretary, the executive director of the United States Olympic Committee, and the President of the Los Angeles Olympic Organizing Committee. Sets forth selection criteria for such marketing organizations. Directs the Secretary to pay: (1) 50 percent of all surcharges from the sale of the coins to the United States Olympic Committee to train United States Olympic athletes, support local or community amateur athletic programs, and to erect training facilities; and (2) 50 percent of such surcharges to the Los Angeles Olympic Organizing Committee to stage and promote the games. Requires the Secretary to enter into an implementation agreement with the marketing organization selected under this Act, which shall ensure that the issuance of the commemorative coins shall result in no net cost to the United States. Authorizes the Secretary to terminate the agreement if the termination is in the best interests of the United States. Requires deposit of all amounts received from the sale of such coins in the Coinage Profit Fund. Charges all expenditures under this Act to such Fund. Grants the Comptroller General the right to examine the records of the United States Olympic Committee and the Los Angeles Olympic Organizing Committee with respect to amounts received under this Act. Prohibits the issuance of coins under this Act unless the Secretary has received full payment for them. Requires the Secretary to report to Congress not later than 45 days after each calendar quarter on the activities carried out under this Act during such quarter. Terminates such requirement after December 31, 1985.
United States · United States Congress · 21 April 1982
Amends in its entirety title 31 of the United States Code, Money and Finance. Subdivides such title into the following subtitles: (1) general; (2) the budget process; (3) financial management; (4) money; (5) general assistance administration; and (6) miscellaneous. Subtitle I: General - Sets forth the organization and administrative functions of the Department of the Treasury, the Office of Management and Budget, and the General Accounting Office. Subtitle II: The Budget Process - Sets forth provisions with respect to: (1) the budget and fiscal, budget, and program information; (2) appropriations; and (3) appropriation accounting. Subtitle III: Financial Management - Limits the face amount of obligations issued under this title and the face amount of obligations whose principal and interest are guaranteed by the United States government (except obligations held by the Secretary of the Treasury) to a specified amount. Sets forth provisions concerning the payment of obligations and interest on the public debt. Sets forth the general duties of the Secretary of the Treasury with respect to deposits and depositories. Declares that only officers and employees of the Department of the Treasury designated by the Secretary of the Treasury as disbursing officials may disburse public money available for spending by an executive agency. Sets forth other general provisions with respect to depositing, keeping, and paying money. Directs the Comptroller General to prescribe the account principles, standards, and requirements that the head of each executive agency shall observe. Requires each account of an agency to be audited administratively before being submitted to the Comptroller General. Provides for a general audit of each Federal agency by the Comptroller General. Sets forth the authority of the Comptroller General to settle claims of or against the United States government. Subtitle IV: Money - Sets forth provisions concerning: (1) the monetary system of the United States; and (2) general authority concerning the minting and issuing of coins, medals, and numismatic items. Sets forth the organization and administrative functions of the Bureau of the Mint. Provides for the operation of the Bureau of Engraving and Printing. Requires the Department of the Treasury to have a Bureau of Engraving and Printing Fund. Sets forth provisions concerning: (1) the conversion of currency of foreign countries; (2) the value of United States money holdings in international institutions; (3) counterfeit currency; (4) State taxation; and (5) engraved plates of portraits of deceased members of Congress. Sets forth restrictions and regulations concerning credit and monetary expansion and specified reports required on monetary instruments transactions. Subtitle V: General Assistance Administration - Requires the Director of the Office of Management and Budget to prepare and maintain information on domestic assistance programs. Sets forth procedures for the use of procurement contracts, grant agreements, and cooperative agreements. Provides for intergovernmental cooperation in administering grant programs. Sets forth the qualifications to be met in order for a State or local government to be eligible for revenue sharing funds. Sets forth provisions concerning payment for entitlement land. Subtitle VI: Miscellaneous - Sets forth provisions concerning the establishment and acquisition of government corporations and Congressional action on the budgets of wholly owned government corporations. Permits the use of government obligations instead of surety bonds. Sets forth the authority and revocation of authority of surety corporations. Requires the complete disclosure of the financial condition of government pension plans. Provides for the allocation of net revenue from the windfall profit tax.
United States · United States Congress · 20 April 1982
Bankruptcy Court Act of 1982 - Revises Federal law pertaining to bankruptcy courts. Provides that there shall be in each judicial district a bankruptcy court which shall be a court of record known as the United States Bankruptcy Court for the district. Provides that bankruptcy judges shall hold office during good behavior. Sets forth provisions relating to: (1) salaries of bankruptcy judges; (2) times for holding regular sessions; (3) adjournment; (4) special sessions; and (5) bias or prejudice of a judge. Eliminates appellate panels. Authorizes the chief judge of a circuit to: (1) designate and assign one or more bankruptcy judges within the circuit to sit upon the court of appeals whenever required by the business of that court; and (2) temporarily assign a bankruptcy judge of the circuit to hold a district court in any district within the circuit. Revises provisions relating to the United States Judicial Conference relative to bankruptcy judges.
United States · United States Congress · 6 April 1982
Designates the Mary McLeod Bethune Council House in Washington, D.C., as a national historic site. Directs the Secretary of the Interior to enter into cooperative agreements with the National Council of Negro Women which may provide technical and financial assistance to restore and maintain the historic site and property related to such site. Requires the Council to submit to the Secretary and Congress an annual report on the activities and expenditures for which such assistance was used as a condition of the receipt of such assistance.
United States · United States Congress · 1 April 1982
Amends the Bankruptcy Reform Act of 1978 to permit a bankruptcy court to expedite the procedures for the determination of interests in and the disposition of grain and proceeds of grain held by debtors who own or operate grain storage facilities. Allows the shortening of time periods applicable for such procedures and establishment of a timetable for the completion of certain procedures. Permits such time periods and timetable to be modified by the court for good cause shown. Sets forth the criteria by which such time periods may be shortened and the procedures which may be expedited. Requires notice to any governmental unit with regulatory jurisdiction over the operation or liquidation of the debtor or his business of any request made or order entered into for expedited determinations of interest. Requires the trustee to consult with such governmental unit before taking any action relating to the disposition of grain in the control of the debtor or the estate. Declares that unless such an order is stayed pending appeal, the reversal or modification on appeal of an order establishing an expedited procedure or determining any interest in or approving any disposition of grain or its proceeds does not affect validity. Prohibits the court or the trustee from delaying any other proceeding in the particular case on account of the appeal. Permits the trustee to recover from grain and proceeds of grain the reasonable and necessary costs and expenses attributable to preserving and disposing of grain or its proceeds, but the trustee may not recover any other costs or expenses.
United States · United States Congress · 1 April 1982
Expresses the sense of the House of Representatives that: (1) the Secretary of the Interior should refrain from issuing mineral leases in wilderness areas and lands under formal consideration for wilderness designation; (2) any Federal official who proposes to issue a mineral lease in such an area should provide prior notice to Congress in order to allow congressional prohibition of such lease; (3) additions to the Wilderness System should proceed expeditiously but without arbitrary deadlines; (4) lands under formal consideration for wilderness designation should be managed to preserve their wilderness character; and (5) Federal land management agencies should consider wilderness values in making land management decisions and recommendations.
United States · United States Congress · 31 March 1982
Establishes the Reconstruction Finance Corporation. Sets forth the general powers of the Corporation and the make-up of its board of directors. States that the Corporation shall have a capital stock of $5,000,000,000 to be appropriated from the Treasury of the United States. Grants the Corporation the power to issue obligations, within the authorized indebtedness prescribed by this Act. Grants the Corporation the power to issue obligations to renew, refund, or pay other obligations whether or not the obligations to be renewed, refunded, or paid have matured. Limits the outstanding aggregate principal amount of such obligations to no more than five times the paid-in capital of the Corporation. Prohibits any Federal agency or department or federally owned entity from purchasing any of the loans made, guaranteed, or committed to be guaranteed under this Act. Exempts obligations of the Corporation from all taxation (except estate, inheritance, and gift taxes) imposed by any State, local governmental unit, or other local taxing authority. Permits the Corporation to request the Secretary of the Treasury to guarantee its obligations with the full faith and credit of the United States. Exempts the Corporation, its franchise, capital, reserves, surplus, income, and tangible and intangible property from all taxation, with specified exceptions. Permits the Corporation to provide financial assistance to an eligible business enterprise for: (1) financial distress; or (2) modernization or expansion that would have a significant beneficial impact on employment opportunities and productivity; (3) domestic industries competing with certain foreign industries; or (4) domestic firms which have substantial problems meeting government imposed costs. Sets forth the standards and conditions for eligibility for financial assistance. Authorizes the Corporation to lend to, and to guarantee any private loans to, a business enterprise. Authorizes the Board to inspect and copy all documents of the applicant relating to its financial affairs and to have access to all facilities and properties of the applicant. Terminates the Corporation 30 years after the effective date of this Act. Prohibits the Corporation from making any commitment to provide new or increased financial assistance to any applicant more than six years after the effective date of this Act unless such date is extended by Congress. Authorizes appropriations.
United States · United States Congress · 31 March 1982
Amends rule X of the Rules of the House of Representatives to establish the Select Committee on Children, Youth, and Families to conduct a comprehensive study on their problems and to develop policies to coordinate governmental and private programs to address such problems. Provides that the committee shall not have legislative jurisdiction and shall terminate at the close of the Ninety-ninth Congress.
United States · United States Congress · 31 March 1982
Expresses the sense of the House of Representatives that: (1) graduate and professional students should remain eligible for guaranteed student loans under the Higher Education Act of 1965; (2) Congress should provide Pell grant assistance for academic year 1982 through 1983 that fully funds the need analysis criteria of January 6, 1982, in order to provide assistance to 2,600,000 needy students; and (3) Congress should not further reduce the amount of funds available for campus-based student assistance programs under the Higher Education Act of 1965 below the levels established by the Omnibus Reconciliation Act of 1981.
United States · United States Congress · 30 March 1982
Federal Employees Health Benefits Plan Amendments of 1982 - Prohibits the Office of Personnel Management from entering into a contract for a discriminatory health benefits plan for Federal employees. Requires that Federal health plans: (1) include all benefits currently authorized as well as nervous and mental disorder benefits and alcoholism and substance abuse treatment and rehabilitation benefits; (2) provide equal coverage and benefits regardless of the nature of illness; and (3) pay all reasonable and customary expenses for medically or psychologically necessary treatment exceeding a specified amount to be paid by the enrollee.
United States · United States Congress · 29 March 1982
Authorizes the President to designate April 4, 1982, as the National Day of Reflection. Notes that such date coincides with the 80th birthday of Rabbi Menachem Mendel Schneerson, head of the Lubavitch movement.
United States · United States Congress · 29 March 1982
Expresses the sense of Congress that no cuts should be made in the cost of living adjustments under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
United States · United States Congress · 25 March 1982
Expresses the sense of the House of Representatives that changes to the Railroad Retirement Act of 1974 proposed in the FY 1983 budget should not be implemented.
United States · United States Congress · 17 March 1982
Refugee Assistance Amendments of 1982 - Amends the Immigration and Nationality Act to authorize appropriations through FY 1985 for refugee resettlement assistance. Limits State health authority notification requirements to those cases involving refugees with medical conditions affecting the public health. Eliminates: (1) the 60-day work registration grace period for refugee cash assistance; and (2) annual refugee assistance reporting requirements (beginning in FY 1983).
United States · United States Congress · 11 March 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 · 10 March 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 · 4 March 1982
Occupational Health Hazards Compensation Act of 1982 - Establishes a workers' compensation system for occupational diseases related to exposure to asbestos or uranium ore. Provides for compulsory coverage of all employers and employees under this Act. Provides for compensation for death or for permanent total or permanent partial disability. Sets monetary benefits payable for death or total disability at two-thirds of the employee's average weekly wage over a specified period. Limits the amount of such weekly payments to: (1) no more than twice the national average weekly wage; and (2) no less than half the national average or the employee's actual average weekly wage, whichever is less. Sets forth provisions for survivors' benefits. Sets monetary benefits for payable partial disability at two-thirds the difference between pre- and post- disability earnings. Provides for redeterminations of benefits based on changes in degree of disability. Provides for medical benefits covering all reasonable and necessary expenses for treatment of such diseases. Provides for annual adjustments of maximum benefit limits to reflect increases in the national average weekly wage, but limits such adjustments to no more than a six percent increase in any one year. Provides that employee or survivors' monetary benefits under this Act shall be considered income for purposes of disability and retirement benefits computation under the Social Security Act. Provides that, in cases of medicare beneficiaries, medical benefits under this Act shall be the primary means of payment of medical expenses resulting from the occupational disability. Provides that there shall be no maximum limitation on the total amount of monetary or medical benefits payable under this Act. Makes ineffective any compromise or release of monetary or medical benefits unless approved by the Secretary of Labor ("the Secretary") as in the best interest of the claimant and sufficient for future medical care. Makes ineffective any waiver or release relating to future coverage or compensation under State workers' compensation laws or under this Act which is executed prior to death or onset of disability resulting from exposure to asbestos or uranium ore. Provides that a claimant is eligible for compensation if: (1) the employee was exposed to asbestos or uranium ore in the course of employment; (2) the employee is or was permanently disabled, or died, because of a disease associated with such exposure and arising out of and in the course of employment; and (3) an award of compensation for such disability or death has not been made under a State law or the Longshoremen's and Harbor Workers' Compensation Act ("Longshore Act"). Provides that, for claims based on exposure to asbestos in the course of employment: (1) mesothelioma of the pleura or peritoneum, asbestiosis, and lung cancer evidencing asbestiotic changes shall be irrebutably presumed to have resulted from such exposure; (2) lung cancer without radiological or histological evidence of asbestotic changes shall be presumed to have resulted from such exposure; and (3) any other causes of disability or death must be determined to have been significantly and substantially contributed to by such exposure. Provides that, for claims based on exposure to urainum ore in the course of employment: (1) lung cancer shall be rebuttably presumed to have resulted from such exposure, if the employee was engaged in mining or processing uranium ore for at least two years; and (2) any other causes of disability or death must be determined to have been significantly and substantially contributed to by such exposure. Sets forth procedures for making claims. Requires that a notice be given to the employer and the Office of Workmens' Compensation Programs in the Department of Labor within one year after the date of onset of disability or the death, with specified exceptions. Requires that claims be filed with the Office within two years after such date, with specified exceptions. Declares that there is no limitation on filing of claims based on length of time since the employee was last employed or last exposed to asbestos or uranium ore. Sets forth procedures for adjudication of claims. Directs the Office of Workers' Compensation Programs to ascertain whether the employer named in the claim notice is a responsible employer. Directs the Office, upon determination that no employer is a responsible employer, to: (1) notify the State insurance commissioner of the State where the employer named in the claim notice resides or has a principal place of business; and (2) upon determination of the claimant's eligibility, assign responsibility to the appropriate compensation excess liability fund in such State. Requires that the State insurance commissioner be given opportunity for a hearing to present evidence on any determination that there is no responsible employer. Directs the Office to order hearings by an administrative law judge on any claim investigation upon application of the claimant, the responsible employer, or the responsible employer's insurance carrier, before issuing an order awarding or denying compensation. Provides for appeals of Office awards or denials of compensation to the Benefits Review Board established under the Longshore Act (which provides for review of Board orders by U.S. courts of appeals). Makes compensation under this Act the exclusive remedy for asbestos or uranium ore claimants against the employer, the employer's insurance carrier, and any collective-bargaining agent of the employer's employees (and any employee, officer, director, or agent of such parties). Provides that, for asbestos liability actions brought against any third party, other than the above parties, prior to the effective date of this Act, any recovery in such actions after the effective date of this Act shall be reduced by the amount of the compensation awarded and the present value of all future compensation payable under this Act. Prohibits: (1) employer or employer insurance carrier liens upon judgments in such actions; and (2) monetary damage suits brought by liable third parties against immune parties. Provides that, after the effective date of this Act, compensation under this Act will be the exclusive remedy of asbestos claimants not only against the parties previously described but also against any manufacturer or importer of asbestos or products containing asbestos (if such manufacturers or importers participate in the Asbestos Compensation Excess Fund). Makes every employer responsible for payment of compensation which may be payable under this Act. Requires each employer to secure such payment by: (1) insuring such payment with an insurer who is authorized by State and Federal law and by the Secretary of Labor; or (2) furnishing proof of its ability to pay such compensation directly and being authorized to do so by the Secretary. Authorizes the Secretary to: (1) set specified conditions for employer self-insurers; and (2) suspend or revoke qualified carrier authorizations for good cause shown after a hearing. Requires employers to post notices relating to such secured compensation. Directs the Secretary to prescribe regulations requiring employers' carriers to discharge employer duties and obligations. Sets forth requirements for insurance contracts or policies issued under authority of this Act. Sets civil penalties for employers who have not secured compensation payment. Sets forth provisions for assignment of liability for payment. Assigns asbestos compensation payment liability to: (1) the employer who last employed the employee, unless such employer can prove that it did not expose the employee for two years or more or that the exposure was only casual and sporadic; or (2) (if the last employer sustains such burden of proof) the Asbestos Compensation Excess Liability Fund. Assigns uranium ore compensation payment liability to: (1) the last employer, unless it can prove that it did not employ the employee in uranium ore mining or processing, that it did not expose the employee for two years or more, or that the exposure was casual and sporadic; or (2) (if the last employer sustains such burden of proof) the Uranium Ore Compensation Excess Liability Fund. Establishes the Asbestos Compensation Excess Liability Fund ("Asbestos Fund") and the Uranium Ore Compensation Excess Liability Fund ("Uranium Ore Fund") to pay all compensation benefits awarded where no employer responsible for such benefits has been identified or determined under this Act. Directs the Secretary to determine yearly amounts of contributions to be made to both Funds and to make State allocations in consultation with the State insurance commissioners. Directs the Secretary to provide for the collection of contributions to the Asbestos Fund as follows: (1) 50 percent from manufacturers and importers of asbestos and of products of which asbestos is a significant constituent element; (2) 30 percent from manufacturers and importers of products containing asbestos but not as a significant constituent element; and (3) 20 percent from employers who expose employees to asbestos in the course of employment. Provides that no manufacturer or importer of asbestos or products containing asbestos shall enjoy the limitations of third party liability under this Act: (1) for any period during which it has not paid a due contribution to the Fund; or (2) if it does not participate in the Fund. Bases manufacturers' and importers' contributions on their sales of asbestos and asbestos-containing products during the previous 15 years or, if the Secretary determines that this does not reflect overall market share, during any 15-year period since January 1, 1940. Directs the Secretary to hold the sums collected for the Asbestos Fund and disburse to the State insurance commissioners, for deposit in the Asbestos Fund established in each State, such sums as may be necessary to meet the anticipated obligations of each State Asbestos fund. Requires that such deposits be in accordance with the yearly allocation formula, but authorizes the Secretary to change the ratio of deposits among the states to meet the actual needs of each State Asbestos Fund. Authorizes the Secretary to bring civil actions and to assess civil penalties against manufacturers or importers who fail or refuse to pay assessed contributions to the Asbestos Fund. Makes successor operators of entities acquired on or after January 1, 1940, liable for Asbestos Fund contributions which would have been payable by prior operators. Treats successor or parent corporations as responsible for Asbestos Fund contributions when manufacturers or importers cease to exist for specified reasons. Directs the State insurance commissioners to collect employers' contributions to the Asbestos Fund as: (1) a surcharge on such employers' workers' compensation insurance, in amounts appropriate for the size and category of the employer's enterprise; and (2) an equivalent fraction of the applicable payroll of self-insured employers. Requires, if Asbestos Fund or Uranium Ore Fund assessments or collections in any year are in excess of liabilities, that contributions for the following year be adjusted to reflect the claims experience during the previous year and that assessment reductions be allocated among contributors. Directs State insurance commissioners to collect contributions to the Uranium Ore Fund from employers who expose employees to uranium ore in the course of employment as: (1) a surcharge on the employers' workers' compensation insurance, in amounts appropriate to the size and category of the employer's enterprise; and (2) as an equivalent fraction of the applicable payroll of self-insured employers. Requires that such contributions be separately aggregated in each State to meet Uranium Ore Fund obligations in each State. Requires that surcharges be added to each contribution to the Asbestos Fund and the Uranium Ore Fund in amounts equal to: (1) ten percent of each contribution, for Federal administrative costs under this Act (with reduction of this surcharge if collections exceed such costs); and (2) one percent of each contribution, for surveillance and medical treatment research of occupationally related diseases. Requires that compensation under this Act be paid: (1) in accordance with State workers' compensation benefit schedules; (2) promptly and directly to the entitled person, without an award, except where liability is controverted by the employer; and (3) in cases of employer controversion, upon issuance of a final compensation order. Requires the employer or employer's insurance carrier to: (1) give specified types of notice upon first payment or upon suspension of payment; and (2) file annual reports detailing monetary and medical benefits paid. Sets civil penalties for failure to file such notices. Directs the Office to: (1) investigate any suspension of payments; and (2) in cases of improper suspension, order the employer to recommence payment and pay all suspended payments plus 20 percent annual interest. Provides for appeals of orders with respect to suspended payments. Provides for 20 percent additional compensation in cases of late payments. Sets forth provisions for representation and witness fees in compensation payment disputes, to be paid by the employer or the employer's insurance carrier to the claimant's representative. Sets criminal penalties for: (1) receiving any unapproved consideration or gratuity for representative services; or (2) soliciting employment as a representative in such disputes. Sets forth prohibitions and civil penalties against discrimination by any employer, insurance carrier, or other person against any employee because such employee: (1) filed a disability notice or compensation claim under this Act; (2) caused any proceeding under or related to this Act to be instituted or brought a damage suit for occcupational exposure to asbestos or uranium ore; (3) is disabled by such exposure; or (4) was previously employed in the asbestos industry or the uranium mining or milling industry or in any course of employment where there was or may have been exposure to asbestos or uranium ore. Directs the Secretary to investigate allegations by employees of employer discrimination. Provides, at the request of any party, for public hearings before an administrative law judge to present information relating to alleged violations. Directs the Secretary to make findings of fact and to issue appropriate orders. Requires that any employee so discriminated against be restored to employment and be compensated for lost wages and fringe benefits. Makes the employer alone and not the carrier responsible for such penalties and payments. Directs the Secretary of Health and Human Services, in coordination with the Secretary, to conduct research into improved means of: (1) surveillance of workers exposed to occupational health hazards; and (2) medical treatment of workers exposed to occupational hazards. Requires that such research and surveillance programs be conducted with funds available under the surcharge established in this Act. Establishes the Occupational Disease Surveillance and Medical Treatment Research Advisory Committees. Requires the Committee to report annually to the Congress, to the Secretary of Health and Human Services, and to the Secretary. Directs the Secretary of Health and Human Services to: (1) review current medical and scientific studies and reports concerning the incidences of disease associated with employment; (2) report annually to the Secretary on such current research; and (3) upon finding disease incidence 30 percent more than that of the population at large among workers exposed to given toxic substances or physical agents or among a group of workers, recommend that the Secretary prepare legislation for submission to Congress to appropriately amend this Act to cover such diseases and groups of workers. Directs the Secretary, upon receipt of such report, to prepare: (1) an annual report to the Congress describing medical and scientific data on incidences of diseases associated with employment in the United States and the compensation of workers disabled by such diseases; and (2) legislative recommendations to the Congress in accordance and consistent with the recommendations of the Secretary of Health and Human Services, including eligibility criteria recommendations. Requires the appropriate committees of the Congress, to which such report is referred, to explain to their respective Houses if they have not reported legislation amending this Act within 90 days after such referral or report. Sets forth separability and effective date provisions.
United States · United States Congress · 4 March 1982
Establishes in the Department of State an Assistant Secretary of State for Language Services to be the head of the Bureau of Language Services. Sets forth the duties of the Assistant Secretary.
United States · United States Congress · 2 March 1982
Withdraws certain Federal lands in the Black Hills National Forest in South Dakota from public use for a period of ten years. Directs the Secretary of Agriculture to issue a ten-year permit to the Yellow Thunder Camp community established by the Lakota-Dakota (Sioux) Nation to use such lands as a cultural and religious resource area. Prohibits any lease, permit, or contract with respect to such lands without Yellow Thunder Camp's consent. Requires that the Secretary assure that any land and resource management plan for lands in the Black Hills National Forest: (1) prohibits activities harmful to religious or cultural sites of the Lakota-Dakota Nation; (2) prohibits excavation of archeological resources on such lands without the Lakota-Dakota Nation's consent; and (3) guarantees to the Lakota-Dakota Nation and allied members of other Indian nations the free exercise of their religion on such lands. Requires the Secretaries of Agriculture and the Interior to consult and negotiate with the leaders of the Lakota-Dakota Nation to resolve conflicts with respect to their religious freedom, activities harmful to their religious and cultural sites, and the excavation of archeological resources on such lands. Directs the Secretaries to report to the President, the Speaker of the House of Representatives, and the President of the Senate on such consultations and negotiations.
![Official portrait of Rep. Rodino, Peter W., Jr. [D-NJ-10]](https://www.congress.gov/img/member/r000374_200.jpg)