United States · United States Congress · 21 September 1982
Expresses the sense of Congress that: (1) the establishment of a means test for Medicare benefits would be a breach of faith with the American public; and (2) the Medicare program should not have a means test.
United States · United States Congress · 14 September 1982
Federal Law Enforcement Officers' and Firefighters' Retirement Protection Act of 1982 - Amends the Omnibus Budget Reconciliation Act of 1982 to provide that Federal law enforcement officers and fire fighters who are separated from the service under mandatory retirement provisions shall not be considered to be early retirees required to receive reduced cost of living adjustments in retirement pay in FY 1983 through 1985.
United States · United States Congress · 19 August 1982
Amends the Higher Education Act of 1965 to limit the maximum Pell Grant a student may receive for academic year 1983-1984 to $1,800 or 50 percent of the cost of attendance (as defined for academic year 1982-1983). Directs the Secretary of Education to approve separate (from the Pell Grant family contribution schedule) systems of need analysis for academic years 1983-1984 and 1984-1985 for the campus-based programs of supplemental education opportunity grants, work-study, and direct loans. Carries over for academic years 1983-1984 and 1984-1985 the Pell Grant cost of attendance criteria in effect for academic year 1982-1983. Carries over the academic year 1982-1983 Pell Grant family contribution schedule into academic year 1983-1984, with specified modifications to be published within 15 days of enactment of this Act. Provides that the academic year 1984-1985 Pell Grant family contribution schedule shall be the same as for academic year 1983-1984, with specified modifications, unless the Secretary of Education publishes in the Federal Register and submits to the Congress a proposed schedule by April 1, 1983, and a final schedule by May 15, 1983. Provides that such final schedule shall take effect unless either House of the Congress adopts a resolution of disapproval by a specified date. Provides for a new proposed schedule to take effect unless another resolution of disapproval is adopted. Directs the Secretary to publish in the Federal Register: (1) changes in amounts allowed as an offset for family size as a consequence of specified modifications of the Pell Grant family contribution schedule for academic year 1984-1985, immediately after publication of the Consumer Price Index for September, 1983; and (2) the modified family contribution schedule for academic year 1984-1985, by July 15,1983, under specified conditions. Replaces the ratable reduction formula effective for academic year 1983-1984 and succeeding academic years, under which when there are insufficient appropriations, awards for those with lesser need would be cut by a larger percentage than awards for those with greater need.
United States · United States Congress · 12 August 1982
Competitive Shipping and Shipbuilding Act of 1982 - Requires that, by 1983, five percent of all bulk cargoes imported into or exported from the United States by water be carried on U.S.-flag ships. Requires yearly one percent increases until the percentage carried on U.S.-flag ships reaches 20 percent. Directs the Secretary of Transportation to prepare annual estimates of current and projected costs of U.S.-flag bulk ship operation and shipbuilding. Requires anyone engaged in importing or exporting bulk commodities in U.S. foreign commerce whose business volume exceeds $1,000,000 annually to report to the Secretary of Commerce on the percentage of such person's exports and imports carried on U.S.-flag ships. Requires that such importer or exporter use U.S.-flag ships for the percentage of shipping required under this Act or be subject to specified penalties. Sets forth procedures for the investigation and prosecution of violations of this Act.
United States · United States Congress · 12 August 1982
States that the United States and the Soviet Union should: (1) pursue a complete halt to the nuclear arms race; (2) decide when and how to achieve a mutual and verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) give special attention to destabilizing weapons; and (4) proceeding from this freeze, pursue major, mutual, and verifiable reductions in nuclear warheads, missiles, and other delivery systems.
United States · United States Congress · 11 August 1982
Missing Children Act - Authorizes the Attorney General to collect and exchange information which would assist in the identification of unidentified deceased individuals and the location of missing persons, including missing children.
United States · United States Congress · 11 August 1982
Balanced Monetary Policy Act of 1982 - Amends the Federal Reserve Act to require the Board of Governors and the Federal Open Market Committee of the Federal Reserve System to establish yearly targets for long-term interest rates, and for money and credit aggregates. Requires the Board and the Federal Open Market Committee to take necessary actions to assure that such targets are achieved, on average, on an annual basis. Requires a written report to specified Congressional committees if such targets cannot or should not be achieved because of unfavorable economic conditions. Requires the Board of Governors to transmit specified information to Congress biannually. Requires the Board to announce publicly changes in objectives and plans at the time those changes are determined. Requires the President to state for the System's record the administration's position on each vote on monetary policy taken by the Board and by the Federal Open Market Committee.
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 · 9 August 1982
Requests the President to designate the week of August 29 through Septmber 4, 1982, as National Railroad Week and September 4, 1982, as National Railroad Day.
United States · United States Congress · 4 August 1982
Humane Care and Development of Substitutes for Animals in Research Act - Title I: Development of Improved Research and Testing Methods - Authorizes the Secretary of Health and Human Services to make awards to sponsor research and development of scientific testing methods which eliminate the use of live animals, reduce the number of live animals required, or limit animal pain and distress. Requires that applications and proposals for such awards be assessed through peer review procedures. Requires the Secretary to designate an Advisory Panel to: (1) give advice on his or her responsibilities under this Act; (2) make recommendations on specific opportunities or problems regarding research support of nonanimal testing; and (3) set up a system for insuring that applications or proposals meeting the requirements of this title receive full consideration for funding by the Department or for funding under this title. Makes funds for making awards under this title available through the allocation of research resources within the Department. Provides that the Secretary, consulting with the Environmental Protection Agency and other regulatory and scientific research agencies, shall direct the National Institutes of Health, the Food and Drug Administration, and the National Toxicology Program to: (1) promote new nonanimal testing methods; (2) evaluate existing nonanimal methods; (3) enhance and integrate data systems for more efficient use of test data involving animals; and (4) develop new methodologies for the toxicology data systems. Requires the Secretary to report to the Speaker of the House of Representatives and the President of the Senate on progress under this Act within two years after enactment of this Act and biennially thereafter. Title II: Federal Award Requirements - Requires that a research entity be accredited by a recognized accrediting agency in order to be eligible to receive a Federal award for testing involving a large number of animals. Requires the Secretary to designate accrediting agencies which: (1) are able to ascertain the qualifications of research entities to conduct testing involving animals; (2) have an accreditation system; (3) have a system for routine inspection of laboratory animal facilities at accredited research entities; (4) have established a set of standards for acceptable animal care, treatment, and use in experimental procedures; and (5) have established a mechanism for liaison with the institutional animal studies committees in accredited research entities and for the involvement of such committees in monitoring compliance with the accreditation standards. Requires research entities to comply with accreditation standards ten years after the date of enactment of this Act. Authorizes provisional accreditation in the interim period. Provides for the establishment of a Federal accreditation mechanism if there are no private agencies to carry out such functions. Provides that in order to be eligible for a Federal award for testing involving large numbers of animals, a research entity must provide to the responsible Federal agency a statement of assurances that: (1) the research entity has established an institutional animal studies committee; (2) the committee will meet regularly, make periodic inspections of all animal study areas and facilities of the research entity, review research methods and practices, and file with the responsible Federal agency certification that such inspections and reviews have occurred and reports on deficient animal care or treatment conditions; (3) the committee will maintain complete records of its activities; (4) committee members will be encouraged to notify the Animal and Plant Health Inspection Service of the Department of Agriculture, the responsible Federal agency, and the applicable accrediting agency of any unacceptable animal care conditions with respect to the research entity; and (5) the committee will establish courses, for personnel involved with animal care and use, on humane animal maintenance and experimentation and on research or testing methods that minimize animal use and animal distress. Requires that Federal support be withheld where animal care conditions are unacceptable despite notification to the research entity. Requires research entities to inform their employees of the provisions under this title and to instruct employees to report violations to the animal studies committee. Authorizes the Secretary to waive accreditation requirements under certain circumstances. Directs the Secretary to facilitate agency compliance with this title through the establishment of an information clearinghouse on animal research methods and models. Title III: Special Procedures - Prohibits Federal agency approval of a research proposal involving animal use, unless such proposal justifies any anticipated animal distress in terms of research benefits and provides for the consulting services of a veterinarian, the proper use of tranquilizers, analgesics, anesthetics, and paralytics, appropriate pre- and postsurgical care, and the limited use of animals in major operations. Makes regulations promulgated under this Act ineffective if disapproved by either House of Congress within 60 days after proposal. Title IV: Exemption - Exempts from the requirements of this Act: (1) activities intended to improve animal health, breeding, or management or wild animal conservation; and (2) specific experiments or research programs for which such requirements would present national security risks or risks to the safety of manned space flight. Title V - Terminates all authority conferred by this Act ten years after enactment.
United States · United States Congress · 3 August 1982
National Nursing Home Standards Act of 1982 - Directs the Secretary of Health and Human Services to establish a National Commission on the Regulation of Nursing Homes. Provides for a moratorium on deregulation of skilled nursing and intermediate care facilities until September 30, 1984.
United States · United States Congress · 23 July 1982
Expresses the sense of Congress that: (1) national efforts to reduce malnutrition should continue; (2) Federal involvement in nutrition programs should be maintained; and (3) responsibility for Federal child nutrition programs should not be turned back to the States.
United States · United States Congress · 24 June 1982
Fair Reduction-in-Force Practices Act of 1982 - Prohibits any executive agency, the Government Printing Office, or the Library of Congress from conducting a reduction-in-force unless, and only to the extent that, the agency has not been able to respond to the reason for the proposed reduction-in-force by: (1) instituting general cost-reduction measures or voluntary personnel cost-reduction measures; (2) establishing programs for eliminating inefficient or wasteful agency practices; (3) transferring available funds between programs and activities; (4) limiting hiring or promotions; (5) transferring personnel to positions that become available through attrition; (6) eliminating unessential overtime, holiday, and premium pay; (7) limiting the hours of intermittent employees and reducing the use of temporary employees; (8) reassigning employees to positions funded by trust or revolving accounts; (9) detailing employees; (10) assigning employees to State or local governments; or (11) any combination of such methods. Requires an agency head to notify the exclusive representative representing any employee who would be affected by a proposed reduction-in-force of any determination of a need for a reduction-in-force. Sets forth procedures governing collective bargaining over a reduction-in-force. Directs each agency to: (1) establish a program of consultation with organizations of managerial personnel who are not subject to collective bargaining; (2) inform any such organization of any proposed reduction-in-force that would affect any of its personnel; (3) provide such organization with a reasonable opportunity to present its views and recommendations; (4) consider such views and recommendations; and (5) provide such organization with a written statement explaining any persisting need for a reduction in force after considering and implementing appropriate recommendations. Permits an agency to conduct a reduction-in-force after satisfying the previous requirements of this Act if: (1) it submits reports concerning the proposed reduction-in-force to the Office of Personnel Management (OPM) and the General Accounting Office; and (2) such offices certify on the basis of such reports that the requirements of this Act have been met. Requires the report to the OPM to: (1) describe the actions to be taken, the reasons the reduction-in-force is necessary, all alternatives and proposals considered and implemented, and the anticipated impact of the proposed reduction-in-force on the operations and management of the agency; and (2) provide any views and recommendations submitted by employee or management representatives. Requires that the report to the GAO: (1) indicate the estimated total cost to the Government of the proposed reduction-in-force; and (2) compare the estimated savings, over three years, anticipated through the proposed reduction-in-force with the estimated savings anticipated through the alternatives and proposals considered and implemented. Requires such reports to be submitted to specified congressional committees and made available to certain subcommittees. Permits an agency to issue notice of a proposed reduction-in-force to employees no earlier than ten days after the date both the OPM and the GAO have certified that the requirements of this Act have been met. Entitles an affected employee to at least 30 days advance notice. Requires such notice to specify: (1) the personnel action to be taken and its effective date; (2) the information used in determining the employee's standing in the competition for retention; (3) the place where and time when the employee may inspect records pertaining to his or her case; (4) any exceptions to the general order of release; and (5) the employee's right to appeal to the Merit Systems Protection Board. Directs the OPM to establish a Government-wide retention register for each occupational category. Requires the name of each employee specifically notified of a reduction-in-force to be placed on the register for each occupation for which the employee is qualified. Directs the OPM to prescribe regulations prohibiting an agency from filling a vacant position by a new appointment, transfer, reemployment, reassignment, or promotion unless the OPM determines that there is no qualified individual on the appropriate retention register. Directs the OPM to match each individual on the register with the available position for which the individual is best suited and, if the individual is qualified for more than one position, with the position which would be the least disruptive for the individual (considering the duties, pay, work schedule, and location of the position). Requires the OPM to certify to the appointing authority of an agency the name of each individual matched to a position of such agency. Requires an agency to offer an appointment to such a certified individual unless it objects and shows that: (1) appointment of another person is necessary to prevent substantial disruption to an essential agency function or to increase the percentage of women and minorities in the work force to the percentage as of April 1, 1981; or (2) the agency intends to withdraw the vacancy or to leave the position vacant for reasons acceptable to the OPM. Entitles an individual to remain on appropriate retention registers and to be considered for employment for two years. Requires the individual's name to be removed from such registers if: (1) the individual requests that he or she no longer be considered for employment; (2) the personnel action under the proposed reduction-in-force does not take effect; (3) the individual accepts an offer of an appointment under this Act; or (4) the individual is offered a position within the same commuting area and with the same pay, grade, and work schedule as the position from which the individual was released. Entitles individuals who have been affected by or notified of a reduction-in-force since April 1, 1981, to be placed on retention registers upon application. Requires the OPM to prescribe regulations prohibiting an agency from filling a vacant position by new appointment, transfer, reemployment, reassignment, or promotion, even if there is no qualified individual on the retention registers, if there is available a person who, notwithstanding any minimum qualification requirements for the position: (1) receives specific notice of a proposed reduction-in-force and applies for consideration for vacant positions; (2) meets the educational requirements for the position; and (3) the agency determines can reasonably be expected to satisfactorily perform the duties of such position within 180 days of appointment (with training, if necessary). Prohibits an agency from evaluating the performance of such an employee before 180 days after the employee is appointed; but, afterwards, allows the agency to remove such employee for unacceptable performance. Disqualifies from such assignment program any individual who fails to achieve an acceptable performance rating in two consecutive positions. Permits individuals who have been notified of or affected by a reduction-in-force since April 1, 1981, to be assigned under such program upon application. Directs the OPM to require agencies to transmit, at least monthly, a list of the employees notified of a reduction-in-force and a list of positions the agency plans to fill during the next six months. Requires the OPM to make a list of all such positions available to such employees for inspection. Requires the OPM to submit a biannual report to the President and to specified congressional committees on the implementation of the provisions of this Act. Specifies contents of such report. Extends (from one to two years) the period in which a member of the Senior Executive Service (SES), removed because of a reduction-in-force, must apply in order to be reinstated to a vacant SES position. Declares that such a member shall be qualified for such a vacant position if the agency head determines that such member can reasonably be expected to receive a performance rating at any of the fully successful levels for an appraisal period of between 180 and 365 days. Permits early retirement eligibility for employees who are separated from service voluntarily only if such separations are necessary to prevent involuntary separations, grade reductions, furloughs, or reassignments that would otherwise result because of a reorganization, reduction-in-force, or transfer of functions. Entitles an individual who has completed five years of civilian service and who, because of a reduction-in-force, is separated from service or transferred to a position which is not under the civil service retirement system to: (1) restoration of full civil service annuity rights upon depositing the full amount of any lump sum credit the individual received after being separated or transferred; or (2) partial restoration of annuity rights for partial or no deposit of such lump sum credit. Permits the survivor of such an individual to make such deposit for purposes of obtaining a survivor annuity.
United States · United States Congress · 23 June 1982
States that the United States and the Soviet Union should begin the strategic arms reduction talks (START), which should have the following objectives: (1) pursuing a complete halt to the nuclear arms race; (2) deciding when and how to achieve and pursue a mutual and verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) giving special attention to destabilizing weapons; (4) preserving present limitations and controls on current nuclear weapons and delivery systems; and (5) incorporating ongoing negotiations in Geneva on land-based intermediate-range nuclear missiles into the START negotiations. Declares that the United States shall try to reach a common position with the North Atlantic Treaty Organization allies on any agreement that would be inconsistent with existing U.S. commitments to those allies. Declares that the United States shall promptly approve the SALT II agreement if adequate verification capabilities are maintained.
United States · United States Congress · 16 June 1982
Expresses the sense of the House of Representatives that the Social Security Administration, in coercing supplemental security income recipients to waive their right to privacy, including confidentiality of tax records, as a condition for eligibility, has exceeded its authority.
United States · United States Congress · 15 June 1982
Includes an individual's military service as Federal service for purposes of provisions concerning unemployment compensation eligibility if the individual: (1) was released from such military service under conditions other than dishonorable; and (2) was not given a bad conduct discharge or, if an officer, did not resign for the good of the service. Eliminates provisions excluding military service as Federal service for such purposes if the individual: (1) left the service voluntarily; or (2) was released or discharged for cause.
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
Expresses the opposition of Congress to the use of plastic bullets by British security forces in Northern Ireland. Urges the President to call on the British Government to end the use of plastic bullets in Northern Ireland.
United States · United States Congress · 2 June 1982
Military Widows and Surviving Children Benefits Restoration Act -- Directs the Secretary of the military department concerned to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before enactment of the Omnibus Budget Reconciliation Act of 1981 to certain children between the ages of 18 and 22 attending institutions of higher learning. Limits eligibility for such payments to children of veterans who died on active duty or from a service-connected disability. Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary of the military department concerned to make monthly payments to the surviving spouse of such a veteran in the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary concerned to notify each member of the armed forces that their dependents will be ineligible for such benefits should the member die after the applicable date, in no case later than August 13, 1983. Directs the Secretary of Health and Human Services to provide the Secretary concerned with information necessary to carry out this Act.
United States · United States Congress · 27 May 1982
Fair Trade in Steel Act of 1982 - Declares that it is congressional policy to allow access to the U.S. market for foreign-produced steel on an equitable basis in order to safeguard the national security, insure orderly trade, and alleviate U.S. balance-of-payments problems. Title I: Steel Tripartite Advisory Council - Directs the President to establish within the Executive Office of the President a Steel Tripartite Advisory Council. Requires the Council to advise the President and Congress on problems within the basic steel industry and to provide advice and recommendations on related domestic and international issues. Requires other Federal agencies to provide the Council with economic information upon request. Directs the Council to report to the President on the condition of the steel industry. Title II: Quantitative Restrictions on Imports of Certain Steel Products - Limits to 5,000,000 tons the amount of articles in all steel product categories that may be imported between July 1, 1982, and January 1, 1983. Imposes a further limitation on such imports if unemployment in the domestic steel industry reaches between ten percent and 15 percent for three consecutive months. Prohibits any steel imports if unemployment in the domestic industry for three consecutive months is over 15 percent. Limits the amount of steel imports in each calendar year after 1982 to 10,000,000 tons. Imposes further limitations on imports depending upon the level of unemployment in the domestic industry. Imposes additional limitations on imports during any year after 1982 of articles in any one steel product category. Imposes a per country limitation on imports during such years of articles: (1) in all steel product categories; and (2) within any one steel product category. Directs the Secretary of Commerce to apportion shares of the U.S. market to foreign countries on the basis of information provided by the Secretary of the Treasury. Declares that it is the goal of this title to ensure that the imports of articles in all steel product categories be equalized on a monthly basis throughout each calendar year. Directs the Secretary of Commerce to impose additional limitations on the imports from a country whose exports to the United States exceed a specified limit. Authorizes the President to reduce such restrictions imposed under this title if the President makes a specified determination and the Congress, after notification by the President, does not adopt a concurrent resolution disapproving such reduction. Title III: Quantitative Restrictions on Iron Ore Imports - Limits the amount of iron ore that may be imported: (1) between July 1, 1982, and December 31, 1982, to 7,000,000 tons; (2) during 1983 to 14,000,000 tons; and (3) during 1984 to 14,000,000 tons, unless the Secretary finds that there has been an increase in employment in the domestic iron ore industry. Provides for a ten percent increase in imports in 1984 for each ten percent increase in employment. Authorizes the Secretary to waive the restrictions on imports of iron ore in order to insure continued operation of domestic steelmaking plants. Requires that such waiver be made on a plant-by-plant basis and only if the Secretary makes a specified determination.
United States · United States Congress · 26 May 1982
Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer, after such a hearing, to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and who violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Title II: Witness-Victim Protection - Witness-Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit these offenses. Grants general authority to the Attorney General to relocate or protect Government witnesses. Authorizes the Attorney General to initiate civil proceedings to restrain tampering with a witness or victim. Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or who escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims to ensure that all victims of crime are justly compensated. Title III: Controlled Substances Penalties - Controlled Substances Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Title IV: Protection of Federal Officials - Amends the Federal criminal code to make it a Federal crime to kill, assault, or kidnap a cabinet officer, the second ranking official in each executive department, the Director or Deputy Director of Central Intelligence, a U.S. Supreme Court justice or nominee, or a senior presidential or vice presidential adviser. Includes as a Federal crime any attempt or conspiracy to commit such offenses. Title V: Sentencing Reform - Sentencing Reform Act of 1982 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses, generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Title VI: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for payment for information or assistance leading to forfeiture. Terminates this program on September 30, 1984. Title VII: Offenders With Mental Disease or Defect - Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title VIII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title IX: - Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities. Expands explosives offenses to cover arson. Permits administrative forfeiture procedures for property valued at less than $100,000. Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his or her official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in, on, or within 1,000 feet of an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.
United States · United States Congress · 26 May 1982
Handicapped Infants Protection Act of 1982 - Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect to conduct a study of child abuse or neglect in federally assisted or operated health care facilities. Directs the Secretary of Health and Human Services to: (1) report the results of this study to the Congress within three months; and (2) give priority to information about adoption and foster care of handicapped infants. Prohibits doctors or other health care facility personnel from withholding nutrition or medical treatment from a handicapped infant. Provides a private right of action for violations of this Act. States that any punitive damage awards shall be used for the benefit of the infant involved in the suit, or if deceased, for research and treatment of handicapped infants. Directs the Center to establish and disseminate violations reporting procedures. Provides civil and criminal immunity and job protection for persons reporting such violations. Requires health care facilities to provide parents or guardians of handicapped infants with information about agency assistance for these infants.
United States · United States Congress · 25 May 1982
Veterans' Organizations Tax Reform Act - Amends the Internal Revenue Code to provide that an organization of war veterans shall not be exempt from taxation if a substantial part of its activities consists of carrying on propaganda, or otherwise attempting to influence legislation with respect to matters not related to veterans affairs. Defines "veterans affairs" as issues directly relating to: (1) programs and benefits for veterans and the surviving spouses and children of veterans; and (2) the armed forces of the United States and national defense.
United States · United States Congress · 21 May 1982
Professional Sports Stabilization Act of 1982 - Declares that it shall not be unlawful under any antitrust law for a professional sports league and its member clubs to enforce rules: (1) requiring approval by the league membership for the relocation of a member club; or (2) providing for the division of league or member club revenues that promote comparable economic opportunities for member clubs. Prohibits State and local governments from imposing limitations on the collective conduct of sports leagues or member teams authorized by this Act. Specifies the applicability of this Act to actions commenced under the antitrust laws before its enactment.
United States · United States Congress · 19 May 1982
Expresses the sense of the Congress that funds should be appropriated during FY 1983 and subsequent fiscal years for programs under the Older Americans Act of 1965 in such amounts as may be necessary to maintain or expand such programs as reauthorized under the Older Americans Act Amendments of 1981.