United States · United States Congress · 7 February 1983
Amends the Internal Revenue Code to provide that for taxpayers who receive agricultural commodities under a Federal payment-in-kind program: (1) no income shall be treated as realized by receipt of such commodities; but (2) any gain realized from the sale or exchange of such commodities shall be included in gross income and shall be treated as ordinary income. Treats such commodities as commodities produced on acreage diverted from agricultural use for purposes of the estate tax valuation of farm property.
United States · United States Congress · 3 February 1983
Upper Mississippi River System Management Act - Grants congressional approval of the Comprehensive Master Plan for the Management of the Upper Mississippi River System as a guide for future water policy on such system. Defines the Upper Mississippi River System as those river reaches having commercial navigation channels on certain rivers in Illinois, Minnesota, and Wisconsin. Grants congressional consent to Illinois, Iowa, Minnesota, Missouri, and Wisconsin (or any two or more of such States) to: (1) enter into agreements for cooperative effort and mutual assistance in the planning for the use, protection, growth, and development of the System; and (2) form agencies for effecting such agreements. Designates the Upper Mississippi River Basin Association or any such interstate agency as the caretaker of the Master Plan. Requires any recommended changes to the Master Plan to go through such association or agency for approval. Directs any officer or employee of the United States, who is responsible for management of any part of the System, to enter into cooperative agreements with such association or interstate agency to promote State participation in System management and development. Authorizes the Secretary of the Army, acting through the Chief of Engineers, to provide for the engineering, design, and construction of a second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri. Authorizes appropriations. Declares that the Master Plan for the System is in reasonable compliance with the National Environmental Policy Act of 1969 and the Environmental impact statement on the construction of the first lock at locks and dam 26. Exempts the second lock project at locks and dam 26 from the provisions of the National Environmental Policy Act of 1969. Authorizes the Secretary of the Interior, acting through the United States Fish and Wildlife Service and in concert with the State conservation agencies of Illinois, Minnesota, Missouri, and Wisconsin, to undertake with respect to the System: (1) a habitat rehabilitation and enhancement program; (2) the implementation of a long term resource monitoring program; and (3) the implementation of a computerized inventory and analysis system. Requires the Secretary of the Interior, in concert with the Secretary of the Army and the States, to conduct an evaluation of such Mississippi River System as those river reaches having commercial navigation channels on certain rivers in Illinois, Minnesota, and Wisconsin. programs and to submit a report to Congress. Authorizes appropriations. Directs the Secretary of the Interior, acting through the United States Fish and Wildlife Service, to determine, at a specified date, if the States are adequately participating in such programs. Requires the Secretary to submit a report to Congress asking for termination of the program's funding if the participation of the States is not adequate to allow the Secretary to carry out such programs in concert with the States. Authorizes the Secretary of the Interior, in consultation with the Secretary of the Army and working through an interstate agency for management of the System, to implement recreational projects of the System using specified studies and reports. Requires the Secretary to conduct an assessment of the economic benefits generated by recreation activities in the System. Authorizes appropriations. Requires the Secretary of the Army to submit to Congress annual recommendations concerning the use of nonstructural measures and minor structural improvements to increase the capacity of specific locks throughout the System. Requires the Secretary of the Army to monitor traffic movements of the System for specified reasons. Requires the Secretary of the Interior to determine the need for river rehabilitation and environmental enhancement. Authorizes appropriations. Requires the Secretary of the Army, acting through the Chief of Engineers, to dispose of dredged materials from the System and to establish and request appropriate Federal funding for a program to facilitate productive uses of such materials. Requires the Secretary to work with System States in order to identify potential users of such material and to transfer such material to such areas.
United States · United States Congress · 3 February 1983
Amends the Federal criminal code to establish penalties for taking or attempting to take property by force, violence, or intimidation from either a pharmacy or a person registered with the Drug Enforcement Administration. Increases the penalties if any person's life is endangered by use of a dangerous weapon or if any person is assaulted or killed during the commission of such offense. Directs the Attorney General to report to Congress on the enforcement of this Act.
United States · United States Congress · 3 February 1983
Social Security Alien and Foreign Resident Benefits Limitation Act of 1983 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that an individual who is not a U.S. citizen or national and whose entitlement to title II benefits is based upon the wages and self-employment income of another individual residing in a foreign country shall not be entitled to such benefits until such other individual becomes a resident of the United States. Prohibits entitlement to title II benefits in the case of an individual who is not a U.S. citizen or national and whose entitlement is based on the wages and self-employment income of another individual unless: (1) such other individual is a U.S. citizen or national or is lawfully admitted to the United States for permanent residence or employment; or (2) such individual is a surviving spouse whose relationship existed at least one year before the wage earner's retirement. Makes the prohibitions under this Act inapplicable in any case where they would contravene a treaty obligation of the United States or an international social security agreement between the United States and another country.
United States · United States Congress · 2 February 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code of 1954 to permit the continued issuance of tax-exempt (interest excluded from gross income) mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 2 February 1983
Residential Mortgage Pension Investment Act of 1983 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to exempt from specified prohibited transaction provisions any qualified mortgage transaction engaged in by an employee benefit plan, provided such transaction is at "arm's length" (i.e. if the terms of the transaction are at least as favorable to the plan as those of similar transactions involving unrelated parties).
United States · United States Congress · 31 January 1983
Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. 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. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the discretionary release conditions to require 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) forfeit designated property upon failure to appear; and (8) return to custody at specified hours. 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, if no conditions will assure his appearance and the safety of the community and any other person. Provides for the detention of an alien whose presence in the United States is not under color of law. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. 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; or (4) any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Permits the government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice. 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. Provides additional penalties for failing to appear before the court or surrender for service of sentence as required. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions.
United States · United States Congress · 31 January 1983
Federal Computer Systems Protection Act of 1983 - Amends the Federal criminal code to establish penalties for using or attempting to use certain computers with intent to defraud, obtain property by false pretenses, embezzle, steal, or knowingly convert the property of another. Limits the kinds of computers covered by this Act to those operating in interstate commerce, or operating on behalf of the Federal Government or of a financial institution (where the prohibited conduct directly affects the computer operation). Specifies factors which Federal law enforcement officers must consider in determining whether to exercise jurisdiction over such offense, where concurrent jurisdiction exists with a State or local government. Directs the Attorney General to report annually to Congress on the extent of the exercise of such Federal jurisdiction.
United States · United States Congress · 31 January 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to delay the effective date of provisions requiring the withholding of tax on interest and dividends until 1984. Repeals provisions authorizing the Secretary of the Treasury to delay the application of such provisions for certain payors.
United States · United States Congress · 27 January 1983
Amends the Internal Revenue Code to increase from $25,000 to $100,000 the allowable amount of the income tax tax deduction for eliminating architectural and transportation barriers for the handicapped and aged. Makes such tax deduction permanent.
United States · United States Congress · 27 January 1983
Semiconductor Chip Protection Act of 1983 - Extends copyright protection to mask works. Defines a mask work as a series of related images: (1) having the predetermined, three- dimensional pattern of metallic, insulating, or semiconductor material present or removed from the layers of a semiconductor chip product; and (2) in which the relation of the images to one another is that each image has the pattern of the surface of one form of the chip product. Excludes masks and mask works from the pictorial, graphic, or sculptural works categories. Sets forth the exclusive rights the owner of copyright holds, including the right to: (1) embody the mask work in a mask, a two-dimensional partially transparent and opaque sheet; (2) distribute a mask embodying the mask work; (3) reproduce such work on material intended to be part of the semiconductor chip product; and (4) manufacture and distribute semiconductor chip products incorporating such masks. Sets forth limitations on such exclusive rights, including compulsory licensing, as specified. Sets the copyright term for masks at ten years from first authorized distribution, use, or manufacture. Excludes an innocent purchaser in good faith of a semiconductor chip product from infringement liability. Permits the impoundment and seizure of masks made or used in violation of the copyright owner's exclusive rights.
United States · United States Congress · 27 January 1983
Amends the Highway Revenue Act of 1982 to repeal: (1) the 12 percent retail tax on heavy trucks and trailers; (2) the increase in the heavy truck highway use tax; and (3) the increase in the excise tax on heavy tires. Amends the Internal Revenue Code to extend the ten percent manufacturers excise tax on trucks until 1988. Increases the excise tax on diesel fuel from nine cents per gallon to 12 cents per gallon. Sets the rate of tax on tires at 9.75 cents per pound in excess of 40 pounds. Repeals the 1984 floor stocks tax on tires.
United States · United States Congress · 27 January 1983
Agricultural Produce Bailment Bankruptcy Amendments Act of 1983 - Amends the Bankruptcy Act to require bankruptcy courts to give priority to allowed unsecured claims of farmers arising from the sale or conversion of farm produce to or by a debtor who operates a farm produce storage facility. Specifies that such sale or conversion must have occurred within 180 days before the filing of the petition or before the cessation of the debtor's business, whichever occurs first. Limits the payment of any such claim to $2,000 per individual. Permits a bankruptcy court to expedite the procedures for determining interests in and the disposition of grain and proceeds held by debtors who own or operate grain storage facilities. Requires the court to expedite such procedures if requested by a trustee or a claimant. Sets forth factors for the court to consider before deciding whether to shorten the time periods for procedures. Lists the procedures which may be expedited. Specifies administrative details.
United States · United States Congress · 26 January 1983
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U. S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U. S. citizen or national; (2) a permanent resident of the United States; or (3) a U. S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit prayer in public schools or institutions. States that no person shall be required by the United States or any State to participate in prayer.
United States · United States Congress · 25 January 1983
Temporary Natural Gas Market Correction Act of 1982 - Declares that any contract for the first sale of natural gas shall be deemed to include a volume adjustment option with respect to any natural gas the first sale delivery of which could occur pursuant to such contract at any time after the effective date of this Act and before November 1, 1983. Defines a volume adjustment option as a contract provision under which the purchaser may elect to refuse to take delivery under such contract of any volume of natural gas without incurring an obligation to pay any fee or charge with respect to the natural gas not delivered pursuant to such election. Provides, subject to certain exceptions, that the purchase by any natural gas pipeline company of any natural gas which is delivered on any day after the effective date of this Act and before November 1, 1983, at an excessive price shall be considered as fraud, abuse, or similar grounds for purposes of the Federal Energy Regulatory Commission (FERC) reviewing cost passthroughs. Considers the price of natural gas delivered to any natural gas pipeline company on any day excessive if that price exceeds the price of any other natural gas not delivered to such pipeline company on that day but which could have been acquired by such pipeline company for delivery on that day under any contract to which the pipeline is a party. Requires every natural gas pipeline company to file monthly with FERC: (1) a statement concerning the volume adjustment clause, as well as steps it has taken to achieve the lowest possible weighted average acquisition cost of natural gas; and (2) a modification of the costs to be recovered by the pipeline under a purchased gas adjustment clause (as defined in the Natural Gas Act), if the weighted average acquisition cost of natural gas by the pipeline is lower because of the volume adjustment option or because of other steps taken by the pipeline.
United States · United States Congress · 25 January 1983
Declares it to be the policy of the Government that: (1) Federal procurement should be accomplished on a competitive basis wherever possible through the General Services Administration (GSA); (2) the use of multiple award schedules should be restricted to cases where competitive single awards are not feasible, sales volume justifies centralized procurement, and a valid need exists for functionally similar items with different prices and features; and (3) where the volume of products purchased is too low to provide a price advantage and commercial "off-the-shelf" products can be substituted for products designed to Government specifications, individual agencies should purchase items locally subject to review by GSA. Directs the Administrator of GSA to implement such policy, the recommendations on procurement contained in the Comptroller General's report of May 2, 1979, and the policy statement prepared by the Office of Acquisition Policy in response to such report. Directs the Administrator, within 60 days after enactment, to issue transitional regulations governing purchases from any multiple award schedule. Requires that such regulations: (1) include the requirement that whenever any agency procurement officer or employee determines that an item in such a schedule is available from a commercial source in the area at a lower cost and under conditions which are no less favorable to the Government than is the case under the schedule, the item shall be purchased from that source; and (2) establish procedures for the audit and review of any such purchase and the enforcement of such regulations by GSA. Repeals such regulations on the effective date of the regulations which are issued to implement the procurement policy declared by this Act and which apply to any item on a multiple award schedule. Requires the Administrator to submit to Congress periodic reports on actions taken, and legislation needed, to carry out this Act.
United States · United States Congress · 25 January 1983
Amends the Internal Revenue Code to allow an individual to withdraw amounts from an individual retirement account for the purchase of a principal residence. Requires that ten percent of the amount withdrawn shall be included in the gross income of the distributee over a period of ten years beginning with the taxable year in which the distributee: (1) disposes of such principal residence or ceases to use it as a principal residence; or (2) attains the age of 59 1/2. Allows such withdrawals only if: (1) the amount withdrawn is used within 90 days for the purchase of the principal residence; (2) the individual retirement account was established at least 36 months before such withdrawal; (3) the trustee of such account is a qualified home mortgage institution; and (4) the trustee is given at least 60 days notice before such withdrawal.
United States · United States Congress · 25 January 1983
Math and Science Education Act - Amends the Internal Revenue Code to allow employers an income tax credit for compensation paid to: (1) precollege mathematics and science teachers hired for the summer months for employment which provides experience in the applied use of high technology; and (2) permanent employees who teach precollege mathematics or science at a public school without compensation from such school. Sets the amount of such credit at the sum of: (1) 50 percent of the aggregate compensation paid to teachers employed for the summer months; plus (2) 100 percent of the aggregate compensation paid to permanent employees who teach at public schools. Limits the amount of compensation paid to a permanent employee which may be taken into account to $1,000 multiplied by the number of months such employee teaches in a public school. Requires that teachers hired for the summer months must be paid an aggregate salary greater than 25 percent of their annual teaching salary. Requires that permanent employees who teach at public schools must teach at an elementary or secondary school for at least ten hours per week (at least five of which must be actual instruction in the classroom) at the request of the school district administrators.
United States · United States Congress · 25 January 1983
Amends the Internal Revenue Code to increase to $2,500 the maximum deduction for contributions to retirement savings plans. Allows certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses, without regard to any community property laws.
United States · United States Congress · 6 January 1983
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) promotion or assistance in the performance of abortions abroad; (4) contracting for insurance which pays or reimburses for abortions; (5) discrimination against an individual on the basis of that person's opposition to abortions; and (6) the withholding from a handicapped infant of nutritional sustenance, medical or surgical treatment by an institution receiving Federal assistance. Provides for expedited Supreme Court review of State laws restricting abortions or infanticide whenever such laws have been invalidated by a lower court.
United States · United States Congress · 6 January 1983
Dairy Production Stabilization Act of 1982 - Amends the Agricultural Act of 1949, as amended by the Agriculture and Food Act of 1981, to establish a two-tier dairy price support program for FY 1983 through 1985. Sets the price of milk for domestic needs: (1) at $13.10 per hundredweight for FY 1983; and (2) at the percentage of parity for FY 1984 and 1985 which $13.10 represented as of October 1, 1982. Sets the price of milk in excess of domestic needs at the higher support level uniformly reduced to cover the annual costs of acquiring, managing, and disposing of surplus milk. Provides that the funds from such reduction shall be remitted to the Commodity Credit Corporation (CCC) by the first milk handlers, including producers who market their own milk. Limits CCC annual milk purchases to 5,000,000,000 pounds, with producers responsible for costs in excess of such amount. States that the price of milk shall be supported through milk and milk products purchases. Authorizes payments to producers who reduce their production. Establishes a National Dairy Board consisting of the Secretary of Agriculture and 15 presidentially- appointed members. Directs the Board to: (1) determine the relative proportions of milk to which the price support levels will apply and the producer responsibility for dairy product purchases; (2) establish the price support level and a uniform price support reduction rate for milk in excess of domestic commercial market needs and announce such rate before October 1 of each year; (3) dispose of dairy products acquired by the CCC through authorized price support operations; and (4) remit proceeds from price support operations to the CCC. Sets forth enforcement provisions.
United States · United States Congress · 6 January 1983
Amends the Internal Revenue Code to permit States and local governments to provide statements of tax refunds, credits, and offsets to individuals at any time during the calendar year for which such governments make a return, but not later than January 31 of the year following the year of the return. (Current law requires such statements to be furnished in January of the year following the year of the return.) Eliminates the requirement to furnish such statements with respect to any refunds, credits, or offsets made before January 1, 1983.
United States · United States Congress · 6 January 1983
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Makes such amendment inapplicable to laws permitting medical procedures required to prevent the death of the mother.
United States · United States Congress · 6 January 1983
Expresses the sense of Congress that the age for drinking and purchasing alcoholic beverages should be raised to 21 in all States where the drinking age is lower.
United States · United States Congress · 3 January 1983
Amends the Agricultural Act of 1949 to set milk price support levels at: (1) $13.10 per hundredweight for FY 1983; (2) $14.00 per hundredweight for FY 1984; and (3) $14.60 per hundredweight for FY 1985. States that milk shall be supported: (1) for FY 1983 through 1985 at not less than 70 percent of parity if estimated Government purchases are less than $1,000,000,000; and (2) for FY 1984 and FY 1985 at not less than 75 percent of parity if estimated Government purchases are less than 3.5 billion pounds and 2.69 billion pounds, respectively.
United States · United States Congress · 3 January 1983
Amends Federal law to make Members of Congress ineligible for the pay increase authorized for senior executive, judicial, and legislative positions. Limits outside earned income for Members to 30 percent of a Members' salary. Requires that honoraria be attributed to the calendar year of receipt.
United States · United States Congress · 3 January 1983
Amends the Immigration and Nationality Act to state that a person granted asylum may not be involuntarily removed from the United States, regardless of any State judicial decree or law.
United States · United States Congress · 6 December 1982
Temporary Natural Gas Market Correction Act of 1982 - Declares that any contract for the first sale of natural gas shall be deemed to include a volume adjustment option with respect to any natural gas the first sale delivery of which could occur pursuant to such contract at any time after the effective date of this Act and before November 1, 1983. Defines "volume adjustment option" as a contract provision under which the purchaser may elect to refuse to take delivery under such contract of any volume of natural gas without incurring an obligation to pay any fee or charge with respect to the natural gas not delivered pursuant to such election. Provides, subject to certain exceptions, that the purchase by any natural gas pipeline company of any natural gas which is delivered on any day after the effective date of this Act and before November 1, 1983, at an excessive price, shall be considered as fraud, abuse, or as similar grounds for purposes of the Federal Energy Regulatory Commission (FERC) review of cost passthroughs. Considers the price of natural gas delivered to any natural gas pipeline company on any day excessive if that price exceeds the price of any other natural gas not delivered to such pipeline company on that day, but which could have been acquired by such pipeline company for delivery on that day under any contract to which the pipeline is a party. Requires every natural gas pipeline company to file monthly with FERC: (1) a statement concerning the volume adjustment clause, as well as steps it has taken to achieve the lowest possible weighted average acquisition cost of natural gas; and (2) a modification of the costs to be recovered by the pipeline under a purchased gas adjustment clause (as defined in the Natural Gas Act), if the weighted average acquisition cost of natural gas by the pipeline is lower because of the volume adjustment option or because of other steps taken by the pipeline.
United States · United States Congress · 30 November 1982
Expresses the sense of Congress that the age for drinking and purchasing alcoholic beverages should be raised to 21 in all States where the drinking age is lower.
United States · United States Congress · 29 November 1982
Dairy Production Stabilization Act of 1982 - Amends the Agricultural Act of 1949, as amended by the Agriculture and Food Act of 1981, to establish a two-tier dairy price support program for FY 1983 through 1985. Sets the price of milk for domestic needs: (1) at $13.10 per hundredweight for FY 1983; and (2) at the percentage of parity for FY 1984 and 1985 which $13.10 represented as of October 1, 1982. Sets the price of milk in excess of domestic needs at the higher support level uniformly reduced to cover the annual costs of acquiring, managing, and disposing of surplus milk. Provides that the funds from such reduction shall be remitted to the Commodity Credit Corporation (CCC) by the first milk handlers, including producers who market their own milk. Limits CCC annual milk purchases to five billion pounds, with producers responsible for costs in excess of such amount. Stipulates that the CCC shall increase its purchases if import quotas are increased. States that the price of milk shall be supported through milk and milk products purchases. Authorizes payments to producers who reduce their production. Establishes a National Dairy Board consisting of the Secretary of Agriculture and 15 presidentially-appointed members. Directs the Board to: (1) determine the relative proportions of milk to which the price support levels will apply and the producer responsibility for dairy product purchases; (2) establish a uniform price support reduction rate for milk in excess of domestic commercial market needs and announce such rate before October 1 of each year; (3) dispose of dairy products acquired by the CCC through authorized price support operations; and (4) remit proceeds from price support operations to the CCC. Sets forth enforcement provisions.
United States · United States Congress · 29 November 1982
Amends the Agricultural Act of 1949 to lower FY 1983 minimum milk price supports from $13.25 to $13.10. Eliminates the requirement for FY 1983 that milk be supported at not less than 75 percent of parity if estimated Government purchases are less 4,000,000,000 pounds.
United States · United States Congress · 15 September 1982
Criminal Justice Reform Act of 1982 - Title I: Offenders with Mental Disease or Defect - Insanity Defense Reform Act of 1982 - Amends the Federal criminal code to make it a defense to a Federal prosecution that at the time of the offense the defendant, as a result of mental disease or defect, lacked the state of mind required as an element of the offense charged. Requires the court to hold a hearing to determine the present mental condition of the defendant. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect, rendering him mentally incompetent. Directs the Attorney General to hospitalize such person in a suitable facility. Provides that when the defendant has recovered and is able to understand the nature and consequences of the proceedings against him, the court will order his release and set a date for trial. 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 provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides for the hospitalization of persons found not guilty only by reason of insanity, convicted persons, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect. Allows for discharge when such person is found to have recovered. Requires reimprisonment of any such person for whom a term of prison sentence has not yet expired. Title II Application of the Exclusionary Rule - Exclusionary Rule Application Act of 1982 - Allows evidence obtained as a result of a search or seizure to be admissible if the search or seizure was undertaken in a reasonable good faith belief that it was in conformity with the fourth amendment to the Constitution. Title III: Federal Intervention in State Criminal Proceedings - Federal Intervention Reform Act of 1982 - Conditions consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the Federal right violated and that : (1) state action precluded assertion of the right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
United States · United States Congress · 29 July 1982
Provides the same reduced postal rates for the third-class mail of tax-exempt chambers of commerce as are provided for the third-class mail of qualified nonprofit organizations.
United States · United States Congress · 15 July 1982
Residential Mortgage Investment Act of 1982 - Permits employee benefit plans, as defined under this Act, to engage in any qualified mortgage transaction involving any qualified residential mortgage loan, provided transactions between all parties are at arm's length. Permits such plans to participate in any mortgage pool, provided such pool conforms to specified requirements with regard to permitted investments. Authorizes the Secretary of the Treasury to prescribe regulations to carry out this Act. Provides that this Act shall supersede any and all contrary provisions of State law, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code. Prohibits the imposition of Federal excise tax on a plan or pool that engages in a transaction described under this Act.
United States · United States Congress · 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 · 22 June 1982
Expresses the sense of Congress that legislation should be proposed and enacted to: (1) establish parity between the compensation of Government Printing Office (GPO) employees and the compensation of other Federal employees performing similar work; (2) fix the wages of GPO employees in accordance with the prevailing wage rate system applicable to executive branch employees; and (3) strengthen the Public Printer's ability to manage without infringing on the oversight responsibilities of the Joint Committee on Printing.
United States · United States Congress · 26 May 1982
Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer, after such a hearing, to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and who violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Title II: Witness-Victim Protection - Witness-Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit these offenses. Grants general authority to the Attorney General to relocate or protect Government witnesses. Authorizes the Attorney General to initiate civil proceedings to restrain tampering with a witness or victim. Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or who escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims to ensure that all victims of crime are justly compensated. Title III: Controlled Substances Penalties - Controlled Substances Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Title IV: Protection of Federal Officials - Amends the Federal criminal code to make it a Federal crime to kill, assault, or kidnap a cabinet officer, the second ranking official in each executive department, the Director or Deputy Director of Central Intelligence, a U.S. Supreme Court justice or nominee, or a senior presidential or vice presidential adviser. Includes as a Federal crime any attempt or conspiracy to commit such offenses. Title V: Sentencing Reform - Sentencing Reform Act of 1982 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses, generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Title VI: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for payment for information or assistance leading to forfeiture. Terminates this program on September 30, 1984. Title VII: Offenders With Mental Disease or Defect - Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title VIII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title IX: - Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities. Expands explosives offenses to cover arson. Permits administrative forfeiture procedures for property valued at less than $100,000. Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his or her official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in, on, or within 1,000 feet of an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.
United States · United States Congress · 26 May 1982
Handicapped Infants Protection Act of 1982 - Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect to conduct a study of child abuse or neglect in federally assisted or operated health care facilities. Directs the Secretary of Health and Human Services to: (1) report the results of this study to the Congress within three months; and (2) give priority to information about adoption and foster care of handicapped infants. Prohibits doctors or other health care facility personnel from withholding nutrition or medical treatment from a handicapped infant. Provides a private right of action for violations of this Act. States that any punitive damage awards shall be used for the benefit of the infant involved in the suit, or if deceased, for research and treatment of handicapped infants. Directs the Center to establish and disseminate violations reporting procedures. Provides civil and criminal immunity and job protection for persons reporting such violations. Requires health care facilities to provide parents or guardians of handicapped infants with information about agency assistance for these infants.
United States · United States Congress · 25 May 1982
Establishes in the House of Representatives the Ad Hoc Committee on Entitlements to conduct a full investigation of factors contributing to, and methods to restrain, costs of entitlement programs. Requires the committee to report its findings as soon as practicable during the current Congress.
United States · United States Congress · 21 May 1982
Professional Sports Stabilization Act of 1982 - Declares that it shall not be unlawful under any antitrust law for a professional sports league and its member clubs to enforce rules: (1) requiring approval by the league membership for the relocation of a member club; or (2) providing for the division of league or member club revenues that promote comparable economic opportunities for member clubs. Prohibits State and local governments from imposing limitations on the collective conduct of sports leagues or member teams authorized by this Act. Specifies the applicability of this Act to actions commenced under the antitrust laws before its enactment.
![Official portrait of Rep. Sensenbrenner, F. James, Jr. [R-WI-5]](https://www.congress.gov/img/member/s000244_200.jpg)