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Official portrait of Sen. Chiles, Lawton [D-FL]

Sen. Chiles, Lawton [D-FL]

United States · Official source

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1,947 records where Sen. Chiles, Lawton [D-FL] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 336 (98th)referred

Labor Management Racketeering Act of 1983

United States · United States Congress · 1 February 1983

Labor Management Racketeering Act of 1983 - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 fines and/or five years' imprisonment. Adds intent to benefit a person not permitted to receive payments, loans, or delivery of money or other thing of value to a labor organization in payment of membership dues, to a joint labor-management trust fund, or to a plant, area, or industry-wide labor-management committee as an element of violations involving those transactions. Grants civil jurisdiction to U.S. district courts over suits brought by: (1) the United States alleging a violation involving those transactions; or (2) any person directly affected by violations of restrictions on financial transactions under such Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise prohibitions against persons guilty of criminal offenses holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases, from five years to ten years, the time during which a convicted individual is prohibited from holding such offices or positions, but permits a lesser period to be set by the sentencing court under specified circumstances. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Raises, from one year to five years, the maximum time of imprisonment for violations of such prohibitions. Provides that any salary payable but for such prohibitions shall be placed in escrow pending final disposition of any appeal. Sets forth the responsibility of the Secretary of Labor to detect and investigate violations of ERISA and other provisions for protecting employee benefit rights, without precluding such detection and investigation by other appropriate Federal agencies. Makes any conviction entered prior to the enactment of this Act effective on the date of such conviction if a right of appeal from such conviction is pending on the date of enactment of this Act.

Bill· SS. 215 (98th)open

Bail Reform Act of 1984

United States · United States Congress · 27 January 1983

Bail Reform Act of 1983 - 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, or for deportation or exclusion purposes. 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) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated; or (5) upon motion that a serious risk of flight or obstruction of justice exists. 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. Directs the Attorney General to promulgate regulations governing custody of persons detained pending trial. 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 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.

Bill· SS. 217 (98th)reported

Finality of Criminal Judgments Act

United States · United States Congress · 27 January 1983

Finality of Criminal Judgments Act - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that 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, and a two-year statute of limitations for similar motions made by Federal 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.

Resolution· SCONRESS.Con.Res. 5 (98th)referred

A concurrent resolution expressing the sense of the Congress that the Railroad Retirement Board and representatives of railroad employees and carriers should explore new methods of financing the railroad retirement program.

United States · United States Congress · 27 January 1983

Expresses the sense of Congress that the Railroad Retirement Board and representatives of railroad employees and carriers should jointly or independently study methods of financing the railroad retirement program. Requires a report to Congress by October 1, 1983, on the alternatives studied. Urges railroad labor and management to agree on how to best solve the financial difficulties of such program.

Bill· SS. 137 (98th)open

Housing Finance Opportunity Act of 1983

United States · United States Congress · 26 January 1983

Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code to permit the continued issuance of mortgage revenue bonds after December 31, 1983.

Bill· SS. 144 (98th)reported

International Trade and Investment Act

United States · United States Congress · 26 January 1983

Reciprocal Trade and Investment Act of 1982 - Amends the Trade Act of 1974 to set forth provisions dealing with foreign trade barriers. Directs the United States Trade Representative (USTR), through the interagency trade organization established pursuant to the Trade Expansion Act of 1962, to identify, analyze, and estimate the impact of practices that constitute significant barriers to or distortions of: (1) U.S. export of goods or services; and (2) foreign direct investment by U.S. persons, especially if it has implications for trade in goods or services. Sets forth factors to be considered by the USTR in such analysis. Directs the USTR to update the analysis annually. Directs the USTR to submit the analysis to the appropriate congressional committees. Requires the report to include any action taken to eliminate such trade barriers. Directs the USTR to consult with Congress on trade policy priorities. Directs Federal agencies to furnish information and other assistance to prepare such analysis. Authorizes the President to respond to a foreign entity's unfair trade practices by taking action with respect to any goods or sector of such entity without regard to whether the goods or sector were involved in the unfair trade practice. (Current law provides that the President may take action against the products or services of the foreign entity.) Authorizes the President to propose legislation to protect U.S. trade rights or to eliminate unfair trade practices. Requires such legislative proposals to be given priority treatment. Requires a summary of a petition for a trade investigation by the USTR to be published in the Federal Register (currently, the entire petition must be published) if the USTR decides to begin an investigation with respect to the issues raised by the petition. Authorizes the USTR to initiate an investigation in order to advise the President concerning the exercise of the President's authority to take action against unfair trade practices. Directs the USTR to consult with the appropriate congressional committees before beginning such an investigation. Authorizes the USTR to delay for up to 90 days any request for consultation by a foreign entity concerning a petition for investigation into unfair trade practices. Directs the USTR to publish notice of the delay in the Federal Register and to report to Congress the reasons for the delay. Changes the definition of "commerce" for purposes of foreign trade investigations to include: (1) services associated with international trade, whether or not related to specific goods (currently products); and (2) foreign direct investment by U.S. persons with implications for trade in goods or services. Defines "unreasonable", "unjustifiable", and "discriminatory" for purposes of such investigations. Prohibits making information which the USTR has received in a trade investigation available to the public, if: (1) the person who provided the information makes a specified certification; (2) the USTR determines that such certification is well-founded; and (3) the person providing the information provides an adequate nonconfidential summary. Authorizes the USTR to use the information in trade investigations or to make it available to the public in a form which cannot identify the person providing the information. Sets forth the principal U.S. negotiating objectives with respect to trade in services, foreign direct investment, and high technology products. Directs the USTR to develop and coordinate the implementation of U.S. policies concerning trade in services. Requires Federal agencies responsible for regulating any service sector industry to advise and work with the USTR concerning: (1) the treatment afforded U.S. services sector interest in foreign markets; or (2) allegations of unfair practices by foreign governments or companies in a service sector. Authorizes the Secretary of Commerce to establish a service industries development program. Sets forth the goals of the program. Expresses the policy of the Congress that the President shall: (1) consult with State governments on trade policy issues affecting the regulatory authority on non-Federal governments or their procurement of goods and services; and (2) establish one or more intergovernmental policy advisory committees on trade. Authorizes the President to establish policy advisory committees representing non-Federal governmental interests to provide policy advice on trade negotiating objectives, bargaining positions, and the implementation of trade agreements. Authorizes the President to negotiate to reduce trade barriers in foreign direct investment by U.S. persons, especially if such investment has implications for trade in goods and services. Authorizes the President to enter into agreements concerning high technology industries. Authorizes the President to proclaim the modification, elimination or continuance of any existing duty, duty-free, excise treatment, or other additional duties with respect to specified high technology products listed in the U.S. Tariff Schedules. Provides for the termination of this authority five years after the enactment of this Act.

Bill· SS. 105 (98th)open

A bill to define the affirmative defense of insanity and to provide a procedure for the commitment of offenders suffering from a mental disease or defect, and for other purposes.

United States · United States Congress · 26 January 1983

Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Adopts the current notice provisions for a defense of insanity for the new plea of guilty but insane. Provides for determination of a defendant's mental competency to stand trial. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. 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 as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release, who are found to suffer from mental disease or defect.

Bill· SS. 117 (98th)referred

Crime Control Act of 1983

United States · United States Congress · 26 January 1983

Crime Control Act of 1983 - Title I: Organized Crime Enforcement - Amends the Federal criminal code to establish penalties for any person who commits or commissions a contract murder, attempted murder, or assault. Provides that a direct or indirect contract between two or more persons involving an offer, agreement, or solicitation to commit a contract murder shall constitute prima facie evidence that the act was commissioned for "anything of value." Applies the penalties for contract murder to any person who uses actual or threatened force to coerce another to commit a murder, attempted murder, or assault in violation of State law. Directs the Attorney General to designate criteria for Federal involvement in the prosecution of contract murders. Stipulates that this Act does not preempt State law in this area. Makes it a Federal offense to kill any attorney, agent, or employee of the U.S. Government employed to investigate or prosecute violations of Federal criminal statutes or any employee of the Intelligence Community. Establishes a new offense of assaulting, kidnapping, murdering, or threatening the relative of any Federal employee covered by the current assault statute, with intent to interfere with such employee's official duties. Amends the obstruction of justice statute to expand the class of persons protected from coercion to include potential witnesses and informants (current law protects actual witnesses). Amends the Freedom of Information Act to expand the exception relating to informants to limit disclosure of information which "tends to disclose" an informant's identity. Amends the Federal Rules of Criminal Procedure to permit a court to reduce a sentence of a cooperating defendant upon application of a U.S. Attorney. Amends the wiretap statute to require a judge to review in camera any information as to previous wiretap applications which might compromise a current or pending case or investigation. Amends the Federal Rules of Criminal Procedure to permit disclosure of Federal grand jury information to a State or local law enforcement official who is assisting a U.S. Attorney in the enforcement of Federal criminal law. Title II: Bail Reform - Amends the Controlled Substances Act of 1970 to require a judicial officer, in setting conditions of pretrial release for any person charged with certain narcotics offenses, to consider which conditions will reasonably assure the safety of the community, the personal safety of persons in the community, and the prevention of similar offenses by such person. Requires a judicial officer to deny release to any person charged with a narcotics offense who: (1) has previously been convicted of a felony narcotics offense under Federal, State, or foreign law; (2) is on parole, probation, or other conditional release for a felony offense under Federal or State law; (3) is an illegal alien; (4) was arrested in possession of a false passport; or (5) has been convicted of being a fugitive from justice. Requires the Government to provide clear and convincing evidence that the person charged falls within any such category and to establish that there is substantial probability that the person committed the offense. Permits the judicial officer to grant release to a person who has not been previously convicted of a felony narcotics offense upon a finding of special mitigating factors. Requires that the case of a person who is denied release be placed on an expedited calendar. Title III: Sentencing - Authorizes a court to impose additional penalties where a crime is carried out by use of, or threatened use of, violence, or a dangerous weapon or destructive device. Increases penalties for persons in possession of large amounts of marihuana. Title IV: Habeas Corpus Reform - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits the Federal evidentiary hearing from being conducted where State court records contain factual findings, unless the petitioner establishes the existence of at least one of six enumerated circumstances. (Currently, the State findings are presumed to be correct unless petitioner establishes existence of a circumstance.) Eliminates from such circumstances that the applicant: (1) did not receive a full, fair, and adequate hearing; or (2) was otherwise denied due process.

Resolution· SRESS.Res. 525 (97th)passed

To express the sense of the Senate urging Presidential action pursuant to Section 103 of the Revenue Act of 1971, 26 U.S.C. sec. 48 (a) (7) (D) to disqualify certain Japanese-manufactured, numerically-controlled machine tools from the United States investment tax credit.

United States · United States Congress · 21 December 1982

Expresses the sense of the Senate that the President should exercise his authority to issue an Executive Order disqualifying Japanese-manufactured, numerically-controlled machining centers and punching machines for the investment tax credit until Japan provides persuasive evidence to the President that certain unfair and discriminatory acts and policies restricting U.S. commerce have ceased.

Resolution· SRESS.Res. 516 (97th)referred

A resolution expressing the sense of the Senate on urging Presidential action pursuant to Section 103 of the Revenue Act of 1971, 26 U.S.C., section 48 (a) (7) (D) to disqualify certain Japanese-manufactured, numerically-controlled machine tools from the United States investment tax credit.

United States · United States Congress · 15 December 1982

Expresses the sense of the Senate that the President should exercise his authority to issue an Executive Order disqualifying Japanese-manufactured, numerically-controlled machining centers and punching machines for the investment tax credit until Japan provides persuasive evidence to the President that certain unfair and discriminatory acts and policies restricting U.S. commerce have ceased.

Resolution· SCONRESS.Con.Res. 132 (97th)referred

A concurrent resolution expressing the sense of the Congress that the United States should maintain effective programs to assist in providing disabled persons with opportunities for full, productive lives and to protect such persons from unfair discrimination in Federal and Federal-assisted programs and activities and that disabled persons should receive fair treatment in the administration of disability benefits.

United States · United States Congress · 8 December 1982

Expresses the sense of the Congress that Federal programs providing educational and rehabilitation services for disabled Americans should be maintained and funded at their current levels. States that changes in permanent regulations implementing Federal laws about the education and civil rights of handicapped individuals should not lessen the rights and protections provided under current regulations. States that reviews of social security eligiblity should be conducted in a manner ensuring fair treatment. States that the level of veterans disablity compensation benefits for service-connected conditions should be maintained.

Resolution· SCONRESS.Con.Res. 128 (97th)referred

A concurrent resolution relating to monetary policy.

United States · United States Congress · 30 November 1982

Declares that it is the sense of Congress that the Board of Governors of the Federal Reserve and the Federal Open Market Committee should take actions to achieve a level of interest rates low enough to generate economic growth and reduce the current level of unemployment.

Bill· SS. 3023 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to exempt from rules relating to foreign conventions all conventions, etc., held on domestic cruise ships and on certain foreign cruise ships which port in qualified Caribbean Basin countries.

United States · United States Congress · 1 October 1982

Amends the Internal Revenue Code to revise requirements for the deduction of expenses incurred in attending a convention, seminar, or other meeting held on a domestic cruise ship and to extend eligibility for such deduction to foreign cruise ships in specified Caribbean Basin countries. Permits the President to disqualify countries under certain conditions.

Resolution· SCONRESS.Con.Res. 126 (97th)open

A concurrent resolution calling upon the United States Government to support the people of Afghanistan with material assistance in their struggle to be free from foreign domination.

United States · United States Congress · 30 September 1982

Declares that it should be U.S. policy to: (1) support the people of Afghanistan in their struggle to be free from foreign domination; (2) provide the Afghans, upon request, with material assistance; and (3) pursue a negotiated settlement of the war in Afghanistan based on the total withdrawal of Soviet troops and the recognition of the right of the Afghans to choose their own destiny.

Bill· SS. 2921 (97th)referred

Balanced Budget Enforcement Act of 1982

United States · United States Congress · 16 September 1982

Balanced Budget Enforcement Act of 1982 - Amends the Congressional Budget and Impoundment Control Act of 1974 to name title XI of such Act the Regulatory Budget Act of 1982. Includes the achievement of a balanced Federal budget under most economic circumstances and the control of Federal credit activities as purposes of such Act. Requires the Director of the Congressional Budget Office or the Committees on the Budget of the Senate and of the House, in determining current law budget authority, outlays, and spending authority for a fiscal year, to: (1) include adjustments for additional costs, workloads, or utilizations only if such adjustments, and the budget authority and spending authority for them, are provided by statute at the time such determinations are made; and (2) assume that new budget authority will be enacted for programs or activities for a fiscal year in an amount equal to that authorized for the prior fiscal year, when no such authority has yet been enacted. Amends the Congressional Budget Act of 1974 to change the annual reporting date for the Congressional Budget Office to March 1. Requires such report to include five-year estimates of credit activity and of the ratio of outlays and revenues to the gross national product. Amends the budget timetable to make July 15 the date for Congress to complete action on the deficit reduction bill. Eliminates any second concurrent resolution on the budget and any reconciliation bill. Requires the concurrent resolution on the budget to be for the fiscal year beginning on October 1 of the year in which it is adopted and each of the four succeeding fiscal years. Sets forth information to be included in such resolution, excluding a deficit except under special conditions. Permits the Committees on the Budget of the House and the Senate, to report deficit reduction legislation if other committees fail to meet their deficit reduction directions by specified dates. Prohibits a deficit reduction bill or resolution from containing provisions which: (1) decrease the total amount of Federal revenues for a fiscal year below the level of current law revenues; or (2) accomplish decreases in outlays in one fiscal year by postponing such outlays to one or more succeeding fiscal years. Excludes provisions which are predominantly nonbudgetary in nature. Requires Congress to complete action on any deficit reduction bill or resolution by July 15 of each year. Permits floor amendments to propose alternative deficit reduction legislation. Requires the concurrent resolution on the budget to include a regulatory budget. Amends the Congressional Budget Act of 1974 to require the budget resolution to be balanced. Makes it out of order in either the House or the Senate to consider any budget resolution for any fiscal year beginning FY 1984, or amendment to it or conference report, which would cause outlays to exceed revenues. Prohibits the recommended level of Federal revenues set forth in a budget resolution from exceeding a certain ratio to the gross national product determined according to a specified formula. Allows either the House or the Senate Budget Committee to report, and Congress to pass, a separate concurrent resolution setting forth a level of Federal revenues higher than that determined according to such formula. Declares that the determination of outlays, revenues, and gross national product shall be made on the basis of estimates made by the Director of the Congressional Budget Office. Makes such balanced budget provisions inapplicable in time of war. Provides for a waiver of such requirements in time of recession by a majority roll call vote. Requires that any surplus in the budget be used to pay back any recession-based deficits, plus interest. Requires a revised budget resolution with a deficit reduction bill if mid-year re-estimates show unanticipated deficit. Requires, to the extent that the deficit cannot be eliminated in the current year, that the next year's budget resolution contain a provision instructing the appropriate committees to report temporary increases in revenues sufficient to pay off such debt. Requires expenditures and revenues, including outlays for credit activities, to be included in the budget resolution estimates. Amends the Congressional Budget and Impoundment Control Act of 1974 to require that the budget submitted by the President include budget authority, direct loans, and commitments to guarantee loan principal, and estimates of outlays and receipts for all activities of all departments, agencies, establishments, and instrumentalities of the Federal government. Requires the Committee on Appropriations of each House to subdivide among its subcommittees its allocation of gross obligations for direct loans and loan guarantee commitments. Permits revisions of the budget resolution to include changes in the deficit reduction instructions. Makes it out of order in either House to consider any resolution providing for the adjournment sine die of either House unless: (1) action has been completed on the budget resolution and, if a deficit reduction bill or resolution is required to be reported, unless the action has been completed on those measures; (2) action has been completed on all continuing appropriation bills and resolutions; and (3) the Committees on the Budget of the House and Senate have each reported a notice certifying that the total amounts of new budget authority and budget outlays comply with the specified allocations of such authority and outlays among the congressional committees. Sets forth limitations on legislation providing authority to make direct loans or to guarantee loan principal. Amends the Congressional Budget and Impoundment Control Act of 1974 to add a Title XI: Regulatory Budget Procedure. Requires the President to establish criteria and methods for determining the costs of compliance with agency rules and regulations. Requires the head of each Federal agency to report annually to the Office of Management and Budget on such costs. Directs the President to include in his Budget for each fiscal year a regulatory budget for each agency recommending maximum compliance costs for such year. Requires all new legislation to be within the regulatory budget. Amends the Budget and Accounting Act of 1921 to require the President's budget to conform to this Act.

Resolution· SCONRESS.Con.Res. 121 (97th)referred

A concurrent resolution expressing the sense of the Congress that the United States should maintain Federal involvement in, and support for, the child nutrition programs, and for other purposes.

United States · United States Congress · 16 September 1982

Expresses the sense of Congress that: (1) national efforts to reduce hunger and malnutrition should continue; (2) a national commitment to vital nutrition programs should continue; and (3) the Federal Government should retain primary responsibility for child nutrition programs.

Bill· SS. 2902 (97th)open

A bill to define the affirmative defense of insanity and to provide a procedure for the commitment of offenders suffering from a mental disease or defect, and for other purposes.

United States · United States Congress · 14 September 1982

Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that at the time of the offense the defendant, as a result of mental disease or defect, lacked entirely the ability to understand the nature and the quality of his acts and to distinguish right from wrong. Places the burden of proving insanity on the defendant. 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.

Resolution· SRESS.Res. 462 (97th)passed

A resolution to express the sense of the Senate concerning consultations with the Government of Japan on exports of agricultural products from the United States to Japan.

United States · United States Congress · 14 September 1982

Expresses the sense of the Senate that: (1) in forthcoming consultations with Japan the United States should seek completely open access to the Japanese market for U.S. beef and citrus; and (2) if such consultations do not result in open markets the United States should evaluate what remedies are appropriate.

Bill· SS. 2893 (97th)open

Florida Indian Land Claims Settlement Act of 1982

United States · United States Congress · 10 September 1982

Florida Indian Land Claims Settlement Act of 1982 - Provides for the approval of prior transfers of lands and the extinguishment of claims and aboriginal title to lands involving the Miccosukee Tribe of Indians of Florida. Makes such approval contingent upon the publication by the Secretary of the Interior of findings that the State of Florida has: (1) paid settlement funds to the tribe; (2) executed a lease agreement with the tribe; (3) enacted appropriate legislation to carry out specified commitments under its settlement agreement; and (4) given a waiver specified in such settlement agreement. Exempts the leasehold granted the tribe under the lease agreement from all State and local taxes. Treats the lands leased to the tribe under the lease agreement as if such lands constituted a federally recognized Indian reservation solely for purposes of determining eligibility of the tribe and its members for Federal assistance. Permits the State of Florida to take or diminish any interest granted the tribe under the lease agreement only for a public purpose and upon payment of just compensation, but without approval of Congress or any executive officer of the United States. Directs the Secretary to accept the transfer to the United States, to be held in trust for the use and benefit of the tribe, of specified lands authorized to be conveyed to the tribe by specified Florida statutes. Provides that the State of Florida shall continue to have civil and criminal jurisdiction over such lands unless the State retrocedes such jurisdiction in whole or part. Subjects such transfer of lands to all existing leases, easements, and rights-of-way, and all the rights, easements, and reservations in favor of the South Florida Water Management District. Declares that any such transfer shall not confer upon the tribe, or upon the lands within the reservation, any additional water rights. Limits actions to contest the constitutionality of this Act. Revokes specified provisions of this Act in the event the settlement agreement between the tribe and the State of Florida is ever invalidated.

Resolution· SRESS.Res. 458 (97th)open

A resolution to express the sense of the Senate that the Export-Import Bank of the United States shall be given sufficient authority and shall provide competitive financing for American exports.

United States · United States Congress · 9 September 1982

Expresses the sense of the Senate that: (1) the Senate Banking, Housing, and Urban Affairs Committee shall investigate methods of strengthening the Export-Import Bank to ensure competitive financing for U.S. exports; (2) the Senate Appropriations Committee shall provide sufficient authority for the Export-Import Bank to enable U.S. exporters to compete in world markets; and (3) the Export-Import Bank shall provide U.S. exporters with competitive financial support.

Bill· SS. 2876 (97th)referred

Small Business Administration State Development Company Program Amendments of 1982

United States · United States Congress · 20 August 1982

Small Business Administration State Development Company Program Amendments of 1982 - Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA) to purchase or guarantee debentures issued by State development companies. Makes such debentures subordinate to the other debts and obligations of such companies unless the SBA determines otherwise. Requires that the proceeds of such financing be used solely to assist identifiable small businesses for sound business purposes.

Bill· SS. 2838 (97th)open

Finality of Criminal Judgments Improvements Act

United States · United States Congress · 16 August 1982

Finality of Criminal Judgments Improvements Act - Amends the Federal judicial code to condition 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, and a two-year statute of limitations for similar motions made by Federal 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.

Bill· SS. 2834 (97th)referred

To amend Title 10 of the United States Code to allow the Secretary concerned to take into consideration various factors in determining the amount of space in military medical facilities programmed for retired members, their dependents and dependents of deceased members of the uniformed services.

United States · United States Congress · 12 August 1982

Requires the Secretary of the military department concerned to consider cost effectiveness when programming space for inpatient and outpatient care in medical facilities to cover the needs of retired members, their dependents, and the dependents of deceased members of the uniformed services.

Bill· SS. 2801 (97th)open

Wilderness Protection Act of 1982

United States · United States Congress · 3 August 1982

Wilderness Protection Act of 1982 - Withdraws from disposition under all laws pertaining to oil, gas, oil shale, coal, phosphate, potassium, sulphur, gilsonite, and geothermal leasing: (1) wilderness areas; (2) lands recommended for wilderness designation, until Congress determines otherwise or until the lands concerned are recommended for other uses; (3) wilderness study areas, for the period of interim wilderness protection and management required by law; and (4) lands identified for further planning in Executive Communication 1504, 96th Congress, until one year after the final approval and implementation of an initial forest plan covering the further planning area. Exempts from the withdrawal pursuant to this Act: (1) national forest system land released to management for nonwilderness uses; (2) lands designated as congressional wilderness study areas in Colorado and New Mexico and certain lands within the River of No Return Wilderness in Idaho; (3) Bureau of Land Management wilderness study areas; and (4) lands in Alaska. Permits activities compatible with the preservation of the wilderness environment for the purpose of inventorying energy, mineral, and other resource values in areas withdrawn by this Act. Requires the Secretary of the Interior to augment recurring surveys of mineral values of wilderness areas and to acquire information on the areas withdrawn by this Act by conducting mineral inventories of such areas. Authorizes the President to recommend to Congress that minerals exploration, development, or extraction be permitted in specified areas withdrawn under this Act if: (1) there is an urgent national need for the mineral activity; and (2) the need outweighs the public values of the wilderness lands involved and the potential adverse environmental impacts likely to result. Makes such a recommendation effective only upon enactment of a joint resolution by Congress approving such recommendation. Authorizes the Secretary of the Interior to issue oil and gas leases for the subsurface of national forest or public land wilderness areas that are immediately adjacent to oil and gas producing fields or areas that are prospectively valuable. Prohibits surface occupancy under such leases and provides that such leases may be entered only by directional drilling from outside the wilderness or by other nonsurface disturbing methods.

Bill· SS. 2792 (97th)open

Ocean and Coastal Development Impact Assistance Block Grant Act

United States · United States Congress · 29 July 1982

Ocean and Coastal Development Impact Assistance Block Grant Act - Establishes the Ocean and Coastal Development Impact Assistance Fund in the Treasury. States that four percent of all bonus revenues and six percent of all royalty revenues from Outer Continental Shelf oil and gas leases shall be deposited in such Fund. Provides block grants from such Fund to coastal States and territories for ocean and coastal energy impact assistance and resource management. Sets forth an allocation formula based upon oil or gas production, coastal population, and shoreline. Requires a State to give at least 40 percent of such grant to local coastal communities. Provides for assessment and audit of such block grants.

Bill· SJRESS.J.Res. 220 (97th)referred

A joint resolution to authorize the erection of a memorial on public grounds in the District of Columbia to honor and commemorate members of the Armed Forces of the United States who served in the Korean War.

United States · United States Congress · 27 July 1982

Authorizes the erection of a memorial on public grounds in the District of Columbia 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.

Resolution· SCONRESS.Con.Res. 114 (97th)passed

A concurrent resolution to congratulate the National Aeronautics and Space Administration and all persons involved in the success of the test flight phase of the Space Shuttle program.

United States · United States Congress · 21 July 1982

Sets forth the congratulations of Congress to the National Aeronautics and Space Administration and other organizations and persons who contributed to the successful completion of the Space Shuttle test flight period.

Bill· SS. 2730 (97th)open

A bill to place a moratorium on continuing disability investigation terminations under titles II and XVI of the Social Security Act.

United States · United States Congress · 14 July 1982

Prohibits the Secretary of Health and Human Services from terminating disability benefits under title II (Old Age, Survivors and Disability Insurance) or title XVI (Supplemental Security Income) of the Social Security Act on the basis of continuing disability investigations. Exempts from such prohibition those cases where an initial disability benefit termination is based on a finding: (1) that the individual involved is able to engage in substantial gainful activity; (2) of fraud; or (3) based on a scheduled review of which such individual was notified at the time of his or her initial entitlement. Requires the Secretary to notify individuals who have been or will be notified of a continuing disability investigation that no further decision will be made with respect to their cases during the period in which this Act is in effect.

Bill· SS. 2678 (97th)open

Insanity Defense Act of 1982

United States · United States Congress · 24 June 1982

Insanity Defense Act of 1982 - Amends the Federal criminal code to make it a defense to a Federal prosecution that the defendant, as a result of mental disease or defect, lacked the ability to understand the nature and quality of the act or lacked the ability to distinquish right and wrong with respect to the act. Places the burden of proof of insanity on the defendant. 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. Requires that any person found not guilty only by reason of insanity be committed to a facility until eligible for release. Requires 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 currently suffering from a mental disease or defect and his release would create a significant risk of bodily injury to himself or herself, another person, or serious damage to property of another. Directs the Attorney General to release such person to a mental hospital or other suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create significant risk of injury or property damage. Directs the court to order the discharge of a person who is found to have recovered.