United States · United States Congress · 22 September 1982
Urges the President to declassify and publicize to the American people existing intelligence information on the military threat to the United States and its allies posed by the Soviet Union.
United States · United States Congress · 21 September 1982
Expresses the sense of the House of Representatives that all parties involved in the National Football League dispute should take the actions necessary to settle the strike promptly.
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 · 18 August 1982
Amends the Federal criminal code to impose mandatory minimum sentences for committing violent felonies against individuals aged 65 or older. Prohibits suspended, probationary, and concurrent sentences. Prohibits parole and any plea bargaining agreements that would result in the defendant's serving less than the minimum sentence.
United States · United States Congress · 18 August 1982
Disapproves the President's recommendation to extend the President's authority to waive the freedom of emigration requirements under the Trade Act of 1974 in order to extend the most-favored nation status of the People's Republic of China.
United States · United States Congress · 17 August 1982
Catastrophic Health Expense and Cost Constraint Act - Title I: Catastrophic Automatic Protection Plan (CAPP)-Part A: Establishment of Catastrophic Automatic Protection Plan - Adds as a new title to the Social Security Act, title XXI - Catastrophic Automatic Protection Plan. Establishes a voluntary insurance plan to provide automatic protection to families against catastrophic medical expenses, the Catastrophic Automatic Protection Plan (CAPP), to be funded by general revenues and coinsurance amounts. Provides that a family will be eligible for CAPP assistance for CAPP covered expenses after members of the family incur medical expenses equal to the deductible. Varies the deductible depending on income, the maximum being $750 plus 30 percent of the amount by which a family's income exceeds $7,500. Sets forth provisions relating to applications for assistance under this Act. Specifies penalties for any family which intentionally falsifies an income statement. Provides that payments shall be made for up to 100 percent of covered CAPP medical expenses and services except that in the case of prescription drugs for chronic illness the payment rate shall be 75 percent. Provides that the coinsurance amount shall be equal to approximately 10 to 20 percent of family income, graduated according to income. Provides that there shall be no coinsurance payments after a family has incurred expenses equal to the "CAPP stop-loss". Provides that the CAPP stop-loss for any year shall be equal to approximately 10 to 20 percent of family income, again graduated according to income. Part B: Payment of Providers and Administration - Provides that payments with respect to CAPP covered services which are described in title XVIII (Medicare) of the Act shall be made to providers, with specified exceptions, in the amount and in accordance with the procedures set forth in such title. Directs the Secretary of Health and Human Services to provide for a listing, within specified therapeutic categories, of drug entities which may be legally introduced into interstate commerce. Provides that any individual dissatisfied with any determination relating to the individual's eligibility for or amount of CAPP benefits shall be entitled to a hearing concerning such determination and to judicial review of the Secretary's final decision. Part C: Definitions - Sets forth definitions of terms used in this Act, including "CAPP covered services" which is defined as services furnished to an individual to the extent payment for such service may be made under the Medicare program, except that under CAPP: (1) inpatient psychiatric services shall be covered for 45 days in a calendar year; and (2) the limitations on the extent of inpatient hospital services shall not apply with respect to CAPP covered services. Provides, in addition, that such term includes the furnishing of prescription drugs for treatment of chronic illness for individuals entitled to hospital insurance benefits under part A of title XVIII. Directs the Secretary to provide for an evaluation, by an entity outside the Department of Health and Human Services, of the implementation of this Act during its first five years and to report to Congress on the evaluation. Title II: Health Cost Restraint and Employer Health Plans - Amends the Internal Revenue Code to include in a taxpayer's gross income any contribution by his or her employer to a health plan for any month to the extent that such contribution amount exceeds a specified limitation. Limits the employer contribution for the coverage of an employee and his or her family to $100. Provides that the applicable dollar limit for a nonqualified health plan shall be zero. Set forth requirements used to determine whether or not a plan is nonqualified. Includes among the requirements of a qualified health plan the requirements that the plan: (1) provide minimum coverage, which means CAPP covered services; and (2) shall not be treated as providing minimum coverage if the aggregate amount of nonreimbursable deductibles, copayments, and coinsurance with respect to a covered employee during any year for covered deductible medical expenses (as computed under CAPP) and expenses for which assistance is provided such employee or family under CAPP in a calendar year exceeds $3,500. Requires that the employer contribution under a qualified health plan be at least 50 percent of the per employee cost. Authorizes the Secretary of Health and Human Services and the Secretary of the Treasury to enter into an agreement with a State under which the State could certify a health plan. Revises the deduction for medical, dental, and other health expenses by providing that there shall be allowed as a deduction the following amounts, not compensated for by insurance: (1) the amount by which the medical care expenses of the taxpayer, the taxpayer's spouse, and dependents who are blind or disabled or who are receiving Medicare because of end-stage renal disease exceed three percent of adjusted gross income or the amount by which the expenses of medical care (other than care under the supplementary medical insurance program of Medicare) provided the taxpayer, the taxpayer's spouse, and dependents while a resident of a long-term care facility or an institution for the physically or mentally handicapped exceed three percent of adjusted gross income; (2) an amount (not in excess of $150) equal to one-half of the expenses for insurance (which is not a qualified individual health plan); and (3) an amount (not in excess of $500) equal to the expenses for a qualified individual health plan, if no payment is made by the taxpayer's employer toward the plan. Sets forth the requirements of a qualified individual health plan, including a requirement that the plan include CAPP covered services. Title III: Medicare Amendments - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to provide that individuals entitled to certain part A benefits are eligible under CAPP. Provides coverage for: (1) items and services related to pregnancy, delivery, and the care of a child through one year after birth; and (2) such immunizations against communicable diseases that are capable of causing serious illnesses or death without immunization. Provides that any charge for any service or procedure performed by a doctor shall be reasonable if: (1) the service or procedure is performed in a designated physician shortage area; (2) the physician has a regular practice in the shortage area; (3) the charge does not exceed the prevailing charge level as otherwise determined; and (4) the charge does not exceed the amount generally charged by such physician for similar services. Provides an alternative hospital reimbursement system. Authorizes a legal entity (which may be a hospital, associations of hospitals, or a State or local government) to apply to the Secretary to have hospital services provided by specified hospitals serving the same geographic area reimbursed under such an alternative system rather than as provided under title XVIII or XIX (Medicaid) of the Act. Authorizes a State to apply to have all hospitals in the State reimbursed under the alternative method. Requires approval of the alternative method if under the alternative method: (1) hospital expenditures under Medicare and Medicaid (title XIX of the Act) will not be greater than if the alternative system was not in effect; and (2) there will not be a significant reduction of or refusal to admit specified classes of patients to hospitals. Permits the States and certain legal entities to apply for a grant to aid in establishing the alternative system. Revises provisions relating to payments to and contractual arrangments with health maintenance organizations (HMO) on behalf of individuals eligible for Medicare. Directs the Secretary to annually determine a per capita rate of payment for each class of individuals: (1) enrolled with an HMO pursuant to this Act and entitled to benefits under part A (Hospital Insurance) of title XVIII and enrolled under part B (Supplementary Medical Insurance) of title XVIII; and (2) enrolled with an HMO under part B only. Provides a rate for each class equal to 95 percent of the adjusted average per capital cost for that class. Defines the term "adjusted average per capital cost" to mean the average per capital amount that the Secretary estimates would be payable for services furnished under the Medicare program, if the services were to be furnished by other than an HMO. Directs the Secretary in establishing classes of individuals to take into consideration such factors as age, sex, institutional status, disability status, place of residence, and other factors which the Secretary determines to be appropriate. Redefines an HMO. Requires an HMO to meet certain requirements, including limits on premiums, deductibles, coinsurance, and copayments. Provides that individuals enrolled in the Medicare program shall be eligible under this Act for enrollment with any HMO with which the Secretary has contracted. Prohibits premiums, deductibles, coinsurance, and copayments of an HMO for services in addition to those available to Medicare enrollees from exceeding, for such individuals, the adjusted community rate for such services. Defines the adjusted community rate. Provides that if the Secretary is not satisfied that an HMO has the capacity to bear the risk of potential losses under a risk-sharing contract under this Act or if the HMO so elects, the HMO may be reimbursed on the basis of reasonable cost if the Secretary is satisfied that the HMO is able to perform its contracted obligations effectively and efficiently. Provides for the coverage of the services of a physician assistant or nurse practitioner furnished pursuant to a contract under title XVIII to a member of an HMO. Amends part A (General Provisions) of title XI of the Social Security Act to prohibit a capital expenditure made by or on behalf of a health care facility from being subject to review pursuant to the limitation on Federal participation for capital expenditures of part A if the obligation of the capital expenditure by the facility would not be reviewed under the Public Health Service Act. Directs the Secretary to conduct a study and report to Congress concerning additional benefits offered by HMOs. Title IV: Miscellaneous Provisions - Directs the Secretary to reduce Federal Medicaid payments to a State if the State: (1) reduces the number of categories of individuals eligible for benefits or the extent of such benefits under titles XIX, XX (Grants to States for Services), or XXI of the Act; and (2) makes changes that result in an increase in the amount of payments that would otherwise be made under title XXI. States that it shall be considered an unfair trade practice for any entity to advertise that any amounts paid to an individual represent reimbursement for the deductible under CAPP.
United States · United States Congress · 12 August 1982
Authorizes the President to impose tariff surcharges on articles imported from Japan, France, or any country within the North Atlantic Treaty Organization if the President determines that the cost of providing such country with defense assistance should be offset by tariff surcharges.
United States · United States Congress · 10 August 1982
Expresses the sense of the House of Representatives that regulations recently proposed by the Secretary of Education under the Education of the Handicapped Act should not be permitted to take effect.
United States · United States Congress · 27 July 1982
Used Motor Vehicle Safety Act of 1982 - Amends the National Traffic and Motor Vehicle Safety Act of 1966 to set forth provisions requiring information disclosures and certifications regarding the sale of used motor vehicles. Requires the seller of a used motor vehicle to furnish the buyer with a written statement on the present condition of certain components of the vehicle as compared to the original condition of those components. Requires the seller to include as a provision of the sale contract, certification of the roadworthiness of such vehicle. Sets forth buyer remedies and civil penalties for violations of provisions of this Act.
United States · United States Congress · 21 July 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 · 21 July 1982
Amends the Internal Revenue Code to allow pensioners under a public retirement system and other retirees aged 65 or over a $10,000 exclusion from gross income for any amount received as an annuity, pension, or other retirement benefit.
United States · United States Congress · 19 July 1982
Veterans Disability Compensation and Survivors' Benefits Amendments of 1982 - Title I: Compensation and Dependency and Indemnity Compensation Rate Increases - Increases the rates of: (1) disability compensation; (2) additional compensation for dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses; (5) dependency and indemnity compensation for children; and (6) supplemental dependency and indemnity compensation for children. Title II Program Changes - Includes within the term "active duty for training" annual training duty performed by a member of a Senior Reserve Officers' Training Corps program as ordered for 14 or more days. Entitles veterans with service-connected, total blindness without light perception in both eyes to the same rate of monthly disability compensation as is paid for the anatomical loss of both eyes. Entitles to an increased rate of monthly compensation veterans with service-connected anatomical loss or loss of use of a hand or of a foot. Requires that additional compensation for dependents be adjusted downward to the nearest dollar. Extends dependency and indemnity compensation to survivors of veterans who were entitled to but did not receive service-connected disability compensation. Eliminates the four year cut-off for payment of claims under the Servicemen's Group Life Insurance and Veterans' Group Life Insurance programs. Prohibits the escheat of payments to the State. Directs the Administrator of Veterans' Affairs to furnish a flag for burial (and subsequent retention by the next of kin) for persons designated by the Administrator as eligible for burial in a national cemetery. Directs the Administrator of Veterans' Affairs to pay the burial expenses of certain veterans of war whose bodies are held by a State and not claimed. Eliminates the requirement that the superintendent of a national cemetery under the jurisdiction of the Army be a disabled veteran.
United States · United States Congress · 19 July 1982
States that an employer of a member of a Reserve or National Guard component is not required to grant a leave of absence to such employee to perform active duty for training or inactive duty training in the armed forces for a total of more than 365 days within any 36 month period.
United States · United States Congress · 15 July 1982
Expresses the support of the Congress for beginning strategic arms reductions talks. Urges the Soviet Union to join with the United States in concluding an equitable and verifiable agreement which freezes strategic nuclear forces at equal and substantially reduced levels. Reaffirms congressional support for the position that the United States should not enter into an arms agreement which provides for force levels inferior to those of the Soviet Union. Declares that the United States should propose practical measures to: (1) reduce the danger of accidental nuclear war; (2) prevent the use of nuclear weapons by third parties, including terrorists; and (3) halt the worldwide proliferation of nuclear weapons. Insists that any arms control agreement must be fully verifiable.
United States · United States Congress · 24 June 1982
Educational Opportunity and Equity Act of 1982 - Amends the Internal Revenue Code to allow an income tax credit in an amount equal to 50 percent of the tuition paid to an elementary or secondary educational institution for any dependents who have not attained the age of 20. Limits such credit to: (1) $100 in 1983 (2) $300 in 1984; and, (3) $500 in 1985 and thereafter. Reduces such limit by specified percentages of the amount by which the adjusted gross income of the taxpayer exceeds $50,000 ($25,000 in the case of a married individual filing a separate return). Reduces such limits by any amounts paid to the taxpayer or his dependents as scholarships or other financial assistance. Disallows such credit for tuition paid to schools found to maintain racially discriminatory policies. Requires all educational institutions which receive tuition payments for which such credit is taken to file with the Secretary of Treasury a statement, subject to the penalties for perjury, declaring that the institution does not follow a racially discriminatory policy. Requires a taxpayer claiming such credit to attach a copy of such statement to the income tax return. Authorizes the Attorney General, upon the filing of a petition alleging racial discrimination, to bring an action for declaratory judgment against an educational institution to determine whether the institution has followed a racially discriminatory policy.
United States · United States Congress · 23 June 1982
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commisson of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial.
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 · 10 June 1982
Prohibition of Mandatory Retirement and Employment Rights Act of 1982 - Amends the Age Discrimination in Employment Act of 1967 to eliminate the upper age limitation of the class of persons to whom such Act applies.
United States · United States Congress · 10 June 1982
New Jobs Act - Amends the Internal Revenue Code to allow employers an income tax credit in an amount equal to 25 percent of the increase in wages paid during 1982 to qualified new employees. Requires that such new employees must be individuals who: (1) are hired by the employer after June 14, 1982, and before October 16, 1982; (2) were not employed on a substantially full-time basis at any time during the 90-day period prior to the date of hiring; and (3) were not employed by the employer at any time prior to hiring.
United States · United States Congress · 10 June 1982
Amends the Internal Revenue Code to allow individuals to designate one dollar of their income tax liability to be used for the purpose of reducing the public debt of the United States.
United States · United States Congress · 9 June 1982
Amends the Clean Water Act to declare that "discharge of a pollutant or pollutants" does not include effects upon water quality resulting solely from the impoundment of waters or the release of impounded waters or the methods of such release.
United States · United States Congress · 7 June 1982
Authorizes the Secretary of the Interior to acquire specified lands to expand the Saratoga National Historic Park in New York. Authorizes appropriations from the Land and Water Conservation Fund for such land acquisition.
United States · United States Congress · 7 June 1982
Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to prohibit the inclusion of the disbursements from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund and of the receipts from the old age, survivors and disability insurance taxes and the hospital insurance taxes on self-employment income, employees, and employers in the totals of the Federal budget. Exempts such disbursements and receipts from any general statutory limitation on Federal budget outlays.
United States · United States Congress · 26 May 1982
Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer, after such a hearing, to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and who violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Title II: Witness-Victim Protection - Witness-Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit these offenses. Grants general authority to the Attorney General to relocate or protect Government witnesses. Authorizes the Attorney General to initiate civil proceedings to restrain tampering with a witness or victim. Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or who escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims to ensure that all victims of crime are justly compensated. Title III: Controlled Substances Penalties - Controlled Substances Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Title IV: Protection of Federal Officials - Amends the Federal criminal code to make it a Federal crime to kill, assault, or kidnap a cabinet officer, the second ranking official in each executive department, the Director or Deputy Director of Central Intelligence, a U.S. Supreme Court justice or nominee, or a senior presidential or vice presidential adviser. Includes as a Federal crime any attempt or conspiracy to commit such offenses. Title V: Sentencing Reform - Sentencing Reform Act of 1982 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses, generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Title VI: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for payment for information or assistance leading to forfeiture. Terminates this program on September 30, 1984. Title VII: Offenders With Mental Disease or Defect - Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title VIII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title IX: - Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities. Expands explosives offenses to cover arson. Permits administrative forfeiture procedures for property valued at less than $100,000. Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his or her official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in, on, or within 1,000 feet of an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.
United States · United States Congress · 25 May 1982
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 · 19 May 1982
Motor Vehicle Title and Inspection Act of 1982 - Requires the Administrator of the National Highway Traffic Safety Administration to provide for the establishment by States of motor vehicle title and inspection requirements in order to promote traffic safety and deter motor vehicle theft. Directs approved State programs to establish a system to cancel a title to any motor vehicle determined nonsalvageable and to issue a salvage certificate for such automobile to make it suitable for operation on a highway. Authorizes the issuance of a title certificate based upon the State determination, after inspection, that the salvage vehicle is suitable for operation. Requires State programs to establish a system for the inspection of, and issuance of title for, motor vehicles previously registered in another State. Directs State programs to prohibit the sale of parts of a motor vehicle if a part's identification number has been destroyed, removed, obliterated, or otherwise altered. Requires State programs to include provisions requiring insurers to release pertinent information to law enforcement officers relative to motor vehicle thefts or accidents. Grants immunity from civil liability (in the absence of any fraud or malice) to such insurers. Sets forth provisions for the review of State programs by the Administrator, and direct take-over of any program that fails to meet the Administrator's approval.
United States · United States Congress · 13 May 1982
Armed Robbery and Burglary Prevention Act - Amends the Federal criminal code to provide a mandatory sentence of imprisonment for not less than 15 years and a fine of not more than $10,000 for a third or subsequent armed robbery or burglary.
United States · United States Congress · 13 May 1982
Volunteering in Government Act of 1982 - Permits any executive agency to recruit, train, and accept the service of a volunteer, and to enter into an agreement with any nonprofit organization for volunteer service, to carry out any appropriate agency activity. Declares that such volunteers shall be considered to be Federal employees only under provisions concerning tort claims and worker's compensation. Directs agencies to provide such volunteers and nonprofit organizations funds to pay necessary expenses for performing any such activity. Prohibits the dismissal of any agency employee or the impairment of any service contract as a result of an agency utilizing volunteer services. Authorizes agencies to give preference to grant applicants who use volunteer services most extensively when applicable. Authorizes each agency to use one percent of the funds appropriated to it for general administrative and operating expenses each fiscal year to carry out this Act. Directs the Director of the Office of Personnel Management to report to Congress biennially on the volunteer services and savings resulting from implementation of this Act.
United States · United States Congress · 12 May 1982
Expresses the sense of Congress that an infant has the inalienable right to full medical treatment and food and nutrients necessary to sustain its life regardless of handicapping condition.
United States · United States Congress · 11 May 1982
Authorizes the Administrator of Veterans' Affairs to provide that: (1) nurses employed at a Veterans Administration facility who work two regularly scheduled 12-hour tours of duty within a weekend shall be considered to have worked a full workweek and be paid as specified; or (2) such nurses who work on a tour of duty any part of which falls on a weekend may be paid additional pay (not to exceed 25 percent of the hourly rate). Extends from September 30, 1982, to September 30, 1983, the authority of the Administrator to contract for hospital care or medical services in Puerto Rico and the Virgin Islands without reference to patient loads or incidence of provision of medical services for veterans treated by the Veterans' Administration in the contiguous 48 States.
United States · United States Congress · 11 May 1982
Amends the Bankruptcy Code to provide that educational loans which are not dischargeable in bankruptcy liquidation shall not be dischargeable in an adjustment of debts in a bankruptcy of an individual with regular income.
United States · United States Congress · 11 May 1982
Amends the Internal Revenue Code to provide for the collection of defaulted Federal student loans by offset against income tax refunds of those individuals found to be in default on such loans. Defines "Federal student loan" for purposes of this Act. Sets forth special rules with respect to joint returns and fiscal year taxpayers. Requires the Secretary of the Treasury to: (1) notify the Secretary of Education of the amounts collected with respect to any loan to any individual; and (2) transfer such amounts to the Secretary of Education as is necessary to reimburse the entity or fund to which such loan is repayable. Requires that such notification and transfer be made not less often than monthly.
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
Housing and Automobile Industries Recovery Act of 1982 - Title I: Exemption for the Purchase of Certain Bonds by Employee Pension Benefit Plans - Provides a temporary exemption from certain provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code relating to prohibited transactions for the purchase of certain bonds sold to fund residential mortgages and domestic motor vehicle loans. Title II: Interest Reduction Payments - Provides for interest reduction payments by the Secretary of Housing and Urban Development to assist with the financing of the purchase of certain residences and domestic motor vehicles. Sets forth: (1) requirements and restrictions for eligible loans and mortgages; and (2) guidelines for the allocation of such payments. Authorizes appropriations for FY 1982 through 1988 to carry out this title. Prohibits the Secretary from making any commitments to make interest reduction payments under this title after August 31, 1983.
United States · United States Congress · 6 May 1982
Amends the Federal Property and Administrative Services Act of 1949 to allow nonprofit volunteer fire departments and rescue squads to receive donations of Federal surplus personal property.
![Official portrait of Rep. Solomon, Gerald B. H. [R-NY-22]](https://www.congress.gov/img/member/s000675_200.jpg)