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.
United States · United States Congress · 26 January 1983
Domestic Commodity Distribution and Food Assistance Act - Requires the Secretary of Agriculture to distribute surplus Commodity Credit Corporation (CCC) stocks to eligible agencies (as defined in this Act). Requires the CCC to pay for commodity processing with funds or with in-kind payments to the processor. Requires the Secretary to publish an annual announcement of such anticipated surplus stocks for the coming three-year period. Provides that up to 2,000,000 metric tons of wheat available under the Food Security and Wheat Reserve Act of 1980 may be used for domestic purposes. Requires the CCC to use any additional reserves to replenish such stocks. Provides for State distribution of commodities under this Act. States that if a State agency cannot meet the requests for a given commodity such agency shall give special consideration to organizations that serve low income and unemployed persons. Provides administrative money to the States to run such program. Prohibits States from charging recipient agencies for related program costs. Requires States to pay the distribution costs of organizations serving low income and unemployed persons. Requires the Secretary and the States to work with private companies and recipient agencies to make it easier for recipients to process such commodities into end use products. Directs the Secretary to use moneys saved on storage and spoilage to process commodities into food products for agencies serving low income and unemployed persons.
United States · United States Congress · 26 January 1983
Agricultural Export Expansion Act of 1983 - Authorizes the Secretary of Agriculture to develop and carry out a program under which agricultural commodities acquired by the Commodity Credit Corporation are made available, for export without charge, to domestic exporters, domestic processors (for export), and foreign purchasers. Requires the Secretary to: (1) ensure that equal treatment is provided to domestic exporters and foreign purchasers and to domestic processors in cases where the importation of a manufactured product made from agricultural commodities, made available for export under this Act, would place domestic processors of such commodity at a competitive disadvantage; (2) give priority among foreign purchasers who have purchased U.S. agricultural commodities in the past and who continue to do so in increased quanities; (3) ensure that agricultural commodities, made available for export under this Act, are used to encourage increased use of such commodities and to avoid unnecessary market displacement of domestic agricultural commodities; and (4) take reasonable precautions to prevent resale, transshipment or any use of such commodities other than domestic use in the importing country. Authorizes the Secretary to make supplemental distributions of commodities to a foreign purchaser who uses funds realized from the sale of commodities made available under this Act to construct or rehabilitate facilities in the importing country for specified purposes. Authorizes the Secretary to determine the intervals and quantities of such supplemental distributions. Requires the Secretary to carry out such program through the Commodity Credit Corporation. Amends the Agricultural Act of 1949 to include specified agricultural commodities (currently only dairy products) acquired by the Commodity Credit Corporation as donations for distributions to needy persons outside the United States. Provides for direct distribution, sale or barter of such commodities. Requires the proceeds realized from the sale or barter of such commodities to be used exclusively for assistance to needy persons. Prohibits the use of such proceeds to defray operating costs or overhead expenses. Amends the Agricultural Act of 1949 to authorize the Secretary to adjust the established price for wheat, feed grain, upland cotton, and rice in a specified manner. Directs the Secretary to estimate, for FY 1984-1986, the annual savings realized from such adjustment. Requires the Secretary to use an amount of funds available to the Commodity Credit Corporation equal to the amount of annual savings to: (1) ensure that the cooperator programs of the Foreign Agricultural Service of the U.S. Department of Agriculture are funded at a level ten percent higher than FY 1983 funding level; and (2) provide any remaining funds for the Agricultural Export Promotion Revolving Fund established by this Act. Establishes the Agricultural Export Promotion Revolving Fund in the Treasury, to be used by the Commodity Credit Corporation (without fiscal year limitation) to finance: (1) commercial export sales of U.S. agricultural commodities, private or Corporation owned or controlled stock, on credit terms not to exceed three years; (2) export sales of specified U.S. breeding animals, including cost of freight; and (3) the establishment of facilities in importing countries to improve their capabilities to import U.S. agricultural commodities. Requires the Corporation to use the Fund only to extend credit for market development and expansion and only where there is a substantial potential for developing markets for U.S. agricultural goods. Requires the Secretary to use the Fund to finance sales to the greatest feasible number of countries. Authorizes appropriations for the Fund. Requires all money received by the Corporation in payment for the extension of credit for financing export sales using the Fund to be added back into the Fund. Requires the Secretary to submit an annual report to Congress concerning the use of the Fund. Requires the Secretary to carry out such program through the Commodity Credit Corporation. Amends the Foreign Assistance Act of 1961 to require the President to use not less than 20 percent of funds appropriated for economic support programs to purchase domestic agricultural commodities, including one-half of such amount to purchase processed or value-added commodity products. Requires the Secretary of State to submit a report to Congress describing all programs administered by the Secretary under which surplus agricultural commodities could be distributed. Requires the President to submit a written report to Congress by March 31, 1983, describing the negotiation of a long-term grain sales agreement with the U.S.S.R., providing a higher minimum purchase requirement than the present agreement. Requires the Secretary of Agriculture to submit a report to Congress describing the growth of and prospects for bilateral agricultural trade agreements and the potential impact of such agreements on trade.
United States · United States Congress · 26 January 1983
Child Protection Act of 1983 - Amends the Federal criminal code to prohibit the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene."
United States · United States Congress · 26 January 1983
Directs the United States Postal Service to issue, during the calendar year 1983, a commemorative postage stamp to honor the dedication of the Vietnam Veterans Memorial in Washington, D.C.
United States · United States Congress · 14 December 1982
Title I: Release of Restrictions on Albuquerque Land Transfer - Directs the Secretary of the Interior to release patent restrictions on certain land conveyed to the city of Albuquerque, New Mexico, which require that the land be used for approved public purposes, and which prohibit transfer of title or control. Conditions such release upon an exchange of the land for other lands in Bernalillo County, New Mexico. Requires the city to use the Bernalillo County lands for public purposes and retain their title and control. Reserves mineral interests in such lands to the United States. Title II: National Forest Land Transfer - Authorizes the Secretary of Agriculture to sell, exchange, or interchange certain National Forest System lands which are: (1) 40 acres or less and interspersed with or adjacent to mineral patents; (2) ten acres or less and have been used or improved upon as a result of an erroneous Federal survey; and (3) road rights-of-way substantially surrounded by lands not owned by the United States. Requires the Secretary to issue regulations to carry out the provisions of this title. States that nothing in this title authorizes conveyance of Federal lands within the National Wilderness Preservation System, National Wild and Scenic Rivers System, National Trails System, or National Monuments. States that nothing in this title authorizes the sale of Federal lands within National Recreation Areas. Includes lands proposed for exchange by State, county, or municipal governments among those whose exchange may be facilitated by the Secretary of Agriculture.
United States · United States Congress · 10 December 1982
Reaffirms the congressional commitment to reduce the Federal deficit. Declares that Congress expects the Appropriations Committee and the appropriate authorizing committees to take necessary action to limit increased expenditures under legislation described in S. Res. 507 to the net increase in revenues received as a result of such legislation.
United States · United States Congress · 10 December 1982
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 3 December 1982
Reaffirms the commitment of Congress to locating and repatriating Americans unaccounted for in Southeast Asia. Expresses congressional appreciation to the Lao Government for its expressed willingness to help. Supports the President's actions to locate and return missing Americans. Urges the President to respond to the indicated willingness of the Lao Government to cooperate in this effort.
United States · United States Congress · 30 November 1982
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury or death results.
United States · United States Congress · 29 November 1982
Surface Transportation Act of 1982 - Title I: Highway Revenue Act of 1982 - Amends the Highway Revenue Act of 1956 to extend the period for which taxes may go into the Highway Trust Fund until April 1, 1990. Makes expenditures available from such Fund until October 1, 1991, to meet obligations of the Federal-aid highway program. Makes conforming amendments to the Land and Water Conservation Fund Act of 1965. Establishes a Transit Account within the Highway Trust Fund to consist of amounts attributable after March 31, 1983, to one cent per gallon user fees on diesel fuel, special motor fuels, and gasoline under the Internal Revenue Code of 1954. Requires such amounts to be spent according to provisions of the Urban Mass Transportation Act of 1964. Extends the authority for the user fees transferred into the Fund from October 1, 1984, until April 1, 1990. Increases the rate of tax on gasoline, diesel and special motor fuels from four cents per gallon to nine cents per gallon. Repeals the tax on diesel and special motor fuel which is used in off-highway vehicles. Increases the manufacturers' excise tax on trucks and trailers from ten percent to 12 percent. Increases the taxable threshold weight from 10,000 pounds to 33,000 pounds. Increases the manufacturers' excise tax on truck parts and accessories from eight percent to 12 percent. Repeals the excise tax on highway tires weighing less than 100 pounds and on inner tubes. Changes the manufacturers' excise tax on tires from 9.75 cents a pound for all tires to 25 cents a pound for tires weighing more than 100 pounds. Increases the manufacturers' excise tax on tread rubber from five cents a pound to 25 cents a pound. Repeals the manufacturers' excise tax on lubricating oil. Revises the heavy vehicle use tax to provide a graduated rate of tax for vehicles weighing 55,000 pounds and up. Exempts vehicles which travel less than 2,500 miles on Federal-aid highways. Provides a tax credit for gasoline used for nonhighway uses. Imposes a floor stocks tax on specified products held by dealers for sale. Provides that certain exemptions from user fees expire on April 1, 1990. Directs the Secretary of Transportation to study alternatives to the heavy vehicle user fees and report to Congress within two years of enactment of this title. Authorizes the Secretary of the Treasury to permit States to assist in the collection or enforcement of such tax. Title II: Federal- Aid Highway Reauthorization Act of 1982 - Amends the Federal-Aid Highway Act of 1956 to revise the authorization of appropriations for the Interstate Highway System for FY 1984 through 1991. Directs the Secretary of Transportation to apportion for FY 1985 and 1986 the sums authorized to be appropriated for expenditures on the National System of Interstate and Defense Highways according to specified factors. Authorizes appropriations from the Highway Trust Fund for FY 1983 through 1988 for: (1) the Federal-aid primary system in rural areas; (2) the Federal-aid urban system; (3) forest highways; (4) public lands highways; (5) parkways and park highways; (6) Indian reservation highways; (7) bridge replacement and rehabilitation; (8) the highway safety improvement program; and (9) substitute highway projects. Amends the Federal-Aid Highway Act of 1978 to authorize appropriations for the interstate system resurfacing for FY 1984 through 1989. Sets aside funding for the rehabilitation of the Woodrow Wilson Bridge in Virginia. Revises the definition of the term construction to include costs incurred by States in performing Federal-aid project related audits which directly benefit the Federal-aid highway program. Allows Federal participation in the relocation of utilities for the purpose of eliminating hazards on the Federal-aid system. Revises the interstate withdrawal and substitution process for the Federal-aid system. Makes any route or segment added to the Interstate System after March 7, 1978, ineligible for withdrawal or substitution. Eliminates the priority primary program and the connector primary demonstration program. Sets forth provisions to assure a State's FY 1984 and 1985 apportionments for resurfacing and construction notwithstanding enactment of this Act. Repeals requirements for specified reports under the Federal-Aid Highway Act of 1978. Requires the Secretary to report to Congress in January 1983, and biennially thereafter, on estimates of the future highway needs of the Nation. Eliminates the requirement for the Secretary to establish guidelines for the Federal-aid system to conform to provisions of the Clean Air Act. Permits vending machines on the interstate system without cost to the Federal Government. Directs the Secretary to establish procedures for the inspection and approval of construction on Federal-aid projects. Eliminates requirements for a final inspection of such projects. Permits construction by States of highway substitute and bridge projects in advance of such apportioned funds. Repeals provisions requiring payments to States for bond retirement. Permits the Secretary to withhold project approval for projects in specific areas within a State, or for the entire State, where the Secretary finds that a project is not being properly maintained. (Present law requires the Secretary to withhold funds for the entire State). Revises the certification acceptance program to eliminate the requirement for the Secretary to make final inspections. Authorizes the Secretary to delegate to State highway departments any of his responsibilities under any Federal law, except those involving civil rights and authority over bridges over navigable waters. Revises the Interstate Discretionary Fund to authorize the Secretary to give priority to interstate projects of unusually high cost in relation to a State's apportionment, and to projects which contribute to the completion of an Interstate segment. Sets forth provisions for program consolidation. Revises provisions for emergency relief due to natural disasters or catastrophic failures to limit the amounts payable for emergency relief. Requires each State to establish commercial motor vehicle weights in accordance with weights specified in Federal law. Allows toll financing of new highway construction projects. Eliminates the toll road provisions under the Federal-Aid Highway Act of 1978. Amends the Department of Transportation Act of 1966 to change references to historic sites to references to National Historic Landmarks. Requires equal employment opportunities for highway projects without regard to sex. Authorizes the Secretary to conduct and finance training and assistance programs for socially and economically disadvantaged individuals. Makes funds available for such purposes. Authorizes the withholding of apportioned funds from any State which does not enforce the heavy vehicle use tax. Sets forth apportionment formulas for the highway bridge replacement and rehabilitation program. Allows States to transfer funds allocated to one urbanized area to another such area within the State. Revises the highway safety improvement program by combining existing safety categories. Requires the Secretary to conduct an interagency environmental process review. Establishes a Federal Lands Highways Program for oversight of forest highways, park roads, parkways, Indian reservation roads, and public lands highways. Revises apportionments for research and planning projects and sets forth the Federal share payable for such projects. Authorizes the Secretary to cooperate with State highway and transportation departments and certain organizations without regard to provisions of the Federal Advisory Committee Act. Establishes the obligation limitation for FY 1983 Federal-aid highways and highway safety construction programs. Exempts from such limitation emergency relief projects, certain bridge demonstration projects, and the Woodrow Wilson Bridge and Union Station projects. Allows light truck traffic and limited commercial truck traffic on the Highland Scenic Highway in West Virginia. Transfers the functions, powers, and duties of the Appalachian Regional Commission that relate to the Appalachian Development Highway System to the Secretary of Transportation. Eliminates the authority of the Federal Highway Administrator to regulate the rate of tolls on bridges. Authorizes the Secretary to approve projects for the reconstruction, resurfacing, restoration, and rehabilitation of the Woodrow Wilson Memorial Bridge by Maryland, Virginia, and the District of Columbia. Prohibits the Secretary from approving any such project until the three jurisdictions accept title to their portions of the bridge without monetary consideration. Title III: Amendments to the Urban Mass Transportation Act of 1964 - Transit Assistance Authorization Act of 1982 - Amends the Urban Mass Transportation Act of 1964 to prohibit a discretionary capital grant or loan from being made by the Secretary of Transportation unless the applicant has sufficient capability to maintain the facilities and equipment purchased with such grant or loan. Decreases the Federal share of such grants and loans. Authorizes appropriations, beginning in FY 1983, for administrative costs necessary to carry out the functions of such Act. Authorizes appropriations for FY 1984 through 1988 for the: (1) discretionary capital grant program; (2) innovative methods and techniques program; (3) planning program; (4) urbanized area capital formula program; (5) program to meet special needs of the elderly and handicapped; (6) formula grant program for other than urbanized areas; and (7) capital formula program for areas other than urbanized areas. Authorizes appropriations for FY 1983 through 1988 for: (1) research, development, and demonstration projects; (2) grants for managerial, technical and professional training programs; (3) grants for research and training in urban transportation problems; and (4) grants for the establishment and operation of transportation centers at nonprofit institutions of higher learning. Authorizes appropriations for formula grants for FY 1982 through 1984 for: (1) urban mass transit; (2) construction or operating assistance; and (3) commuter rail and fixed guideway systems. Provides that any such unobligated or deobligated funds shall be added to amounts available for certain other capital grant programs. Declares that apportionments for FY 1975 shall lapse on September 30, 1977, and apportionments for FY 1976 shall lapse on September 30, 1978. Prohibits the Secretary from approving a project for the payment of operating expenses of urban mass transit services after September 30, 1984. Repeals provisions that require that rates charged elderly and handicapped persons for transportation during non-peak hours be no more than one-half of peak hour full fares. Establishes a capital formula program for urbanized areas to finance the planning, acquisition, construction, and improvement of facilities, equipment, and spare parts for transit vehicles in mass transportation service. Prohibits the use of such grants for the construction or extension of fixed-guideway systems other than exclusive facilities for buses. Exempts from such prohibition projects already agreed upon for the District of Columbia metropolitan area. Provides a procedure for receiving and distributing assistance under such program. Authorizes the Secretary of Transportation to establish a benchmark price representing the maximum Federal participation for the acquisition of buses. Transfers the enforcement of labor standards for construction projects funded by the Department of Transportation from the Secretary of Labor to the Secretary of Transportation. Includes the capital formula programs for urbanized areas and for non-urbanized areas within the reporting system and uniform system of accounts. Makes technical amendments to formula grants for nonurbanized areas to parallel the operation of formula grants for urbanized areas. Establishes a capital formula program for areas other than urbanized areas consistent with provisions of formula grant programs for nonurbanized areas. Authorizes Governors to transfer funds between the two programs under certain circumstances. Authorizes appropriations out of the Transit Account of the Highway Trust Fund for FY 1983 through 1988 to finance grants for urban transit capital infrastructure development projects. Amends the Surface Transportation Assistance Act of 1978 to prohibit the authorization of appropriations for a specified waterborne transportation demonstration project after September 30, 1983. Amends the National Mass Transportation Assistance Act of 1974 to repeal provisions dealing with the investigation of safety hazards in urban mass transportation systems. Title IV: Highway Safety - Authorizes appropriations out of the Highway Trust Fund for FY 1985 through 1988 for specified highway safety programs. Eliminates exceptions for apportionments for the Virgin Islands, Guam, and American Samoa. Revises the vehicle weight and width limitations for the Interstate System to make the maximum width of a commercial motor vehicle 102 inches. Sets forth provisions to ensure that certain trucks are allowed to operate on the Interstate System in every State. Establishes a working group in the Department of Transportation to develop uniform State procedural standards for vehicle registration, fuel tax, and third structural tax requirements. Authorizes the Secretary to initiate rulemaking to implement acceptable recommended standards. Sets forth minimum financial responsibilities for motor carriers transporting hazardous wastes in interstate, foreign, and intrastate commerce. Authorizes the Secretary to provide grants to States to assist in implementing programs for the enforcement of commercial motor vehicle safety standards. Authorizes appropriations out of the Highway Trust Fund for FY 1984 through 1988 for such purpose. Sets forth civil penalties and injunctive relief for the enforcement of violations of motor carrier safety regulations.
United States · United States Congress · 1 October 1982
Title I: Armed Forces, Soldiers' Home, Coast Guard, Lighthouse Service, and Merchant Marine - Amends Federal Military laws dealing with the Army, the Navy, the Air Force, and the Coast Guard to eliminate gender-based distinctions. Title II: Elimination of Gender-Based Distinctions Under the Old Age, Surviviors, and Disability Insurance Program, Railroad Retirement and the Work Incentive Program - Eliminates gender-based distinctions in the social security and railroad retirement programs. Title III: Amendments to United States Code - Amends the Immigration and Nationality Act, the Walsh-Healey Act, the Child Nutrition Act of 1966, the Federal Criminal Code and other Acts dealing with Indian affairs, transportation, public lands and provisions relating to Saint Elizabeth Hospital and contract law to eliminate gender-based distinctions.
United States · United States Congress · 1 October 1982
Prohibits requiring any Navajo or Hopi Indian who is residing on land partitioned pursuant to a 1974 Act to relocate. Entitles members of either tribe residing on land designated for the other tribe to their traditional and customary use and occupancy of such land. Prohibits either tribe from enacting any ordinance which restricts such residents from following their customary daily practices, from receiving visitors or visiting off the partitioned area, or from discriminating against members of the other tribe in any way. Requires the Secretary of the Interior to pay annual rent to each tribe for such land used by members of the other tribe. Terminates the Navajo-Hopi Indian Relocation Commission 180 days after enactment of this Act and terminates all relocations conducted by such Commission on the day of enactment. Permits any individual living on either side of the partition to elect, within 180 days after enactment, to accept the housing and bonus benefits and relocate.
United States · United States Congress · 1 October 1982
Designates 1983 as the "Tricentennial Anniversary Year of German Settlement in America". Expresses congressional support for the President's Youth Exchange Initiative, and especially the concept of a United States-German teenage exchange sponsored by the Congress and the West German Bundestag.
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.
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.
United States · United States Congress · 20 August 1982
Expresses the sense of Congress that September 4, 1982, the 100th anniversary of Thomas Edison's Pearl Street central power station, should be commemorated as Pearl Street Centennial Day.
United States · United States Congress · 17 August 1982
Indian Housing Act of 1982 - Declares it to be the policy of the United States to provide grants, financing, and loan guarantees to assist Indians in obtaining decent, safe, and sanitary housing. Title I: Indian Housing Improvement Program - Establishes an Indian housing improvement program to make grants or provide assistance to preserve existing housing, make repairs, and construct or acquire standard housing for Indians. Authorizes the Secretary of the Interior, upon application of an Indian tribe or individual, to make grants or provide assistance to assist Indian families who are not eligible for housing assistance under titles II or III of this Act because of low income or extremely isolated circumstances. Directs the Secretary to assure that grants or assistance under this title be consistent with plans and priorities established by tribes. Directs the Secretary, upon the request of the appropriate tribe or tribal housing agency, to make such grants or assistance available through agreements with the tribe or tribal housing agency. Authorizes the Secretary, in the absence of such agreements, to: (1) make, with appropriate safeguards, direct grants to individual Indians; (2) contract with private construction firms (provides that specified law pertaining to the employment of Indian labor and the purchase of products of Indian industry shall apply unless the concerned tribe formally requests waiver on a specific procurement action); or (3) have repairs or new construction performed directly by the Bureau of Indian Affairs (BIA). Authorizes a tribe or tribal housing agency, with respect to such agreements, to require an assisted family to make a monthly payment, not to exceed the amount of an administrative charge or an amount satisfactory to the Secretary, to be used solely for tribal housing-related activities. Permits grants or assistance under this title to be used, under specified conditions, to finance: (1) minor repairs and additions to existing substandard housing to improve safety and sanitary conditions until standard housing assistance can be made available; (2) major repairs, renovations, and/or enlargement of existing dwellings, including structually sound but deteriorated dwellings which can be economically placed in standard condition; and (3) construction or acquisition of new standard housing where severe need is demonstrated and it is established that there is no reasonable prospect that standard housing can be financed from other sources. Requires appropriate insurance for such housing, unless waived by the Secretary. Prohibits the Secretary from approving the sale of individual trust land or lease of tribal trust land upon which a house is constructed, acquired, or repaired pursuant to this title, unless specified conditions are met. Directs the Secretary to insure that a lien upon fee land is recorded under appropriate State law whenever a house constructed, acquired, or repaired pursuant to this title is located on such land. Permits the sale of a house constructed, acquired, or repaired pursuant to this title if the sale price is not less than the value of the assistance reduced five percent per year for 20 years. Requires that the amount of such minimum sale price be reimbursed to the United States and credited to the appropriation authorized under this title. Requires that any amount in excess of such minimum sale price shall be the property of the assisted Indian family. Grants the tribe the right of first refusal on the sale of any such house located on tribal trust land. Authorizes appropriations to carry out this title for FY 1983 through 1987. Title II: Indian Housing Finance Fund - Establishes an Indian housing finance fund to provide financing to Indian tribes for construction, acquisition, or rehabilitation of standard housing for Indian families who are: (1) unable to obtain financing from other sources on reasonable terms and conditions; (2) not eligible for assistance under title III of this Act; and (3) able to meet the minimum monthly payment required by this title. Directs the Secretary to limit assistance under this title to families with incomes at the time of initial occupancy not exceeding 130 percent of the area median income, with adjustments for specified factors. Requires a tribe, as a prerequisite for eligibility for financing from the fund, to submit a tribal housing plan for approval by the Secretary. Sets forth required inclusions in such plan and in applications for financing from the fund. Sets forth criteria upon which applications shall be evaluated and approved (including a determination by the Secretary that there is a reasonable prospect of repayment). Requires that tribal housing agencies be established to implement project agreements. Sets forth requirements for project agreements, including a tribe's: (1) setting forth its means of collecting monthly payments and depositing residual receipts; (2) agreeing to require any Indian family executing a housing assistance contract to authorize the Secretary to attach unobligated trust funds of the adult members for failure to meet such contract obligations; and (3) agreeing that its unobligated tribal trust funds may be subject to attachment for failure to meet specified requirements under certain conditions. Provides for a period of notice, prior to attachment of trust funds, during which a tribe or Indian family may: (1) pay the amount in default; (2) negotiate a repayment schedule; or (3) institute administrative appeals or judicial actions. Prohibits the Secretary from refusing to execute a housing assistance contract under this title on the basis that a tribe or Indian family has no trust funds to their credit. Sets forth requirements relating to: (1) disbursements from the fund; (2) construction or acquisition contracts; (3) final plans and specifications; (4) fee titles and leases; (5) land purchase; and (6) final inspections and certifications of completions of projects. Directs the Secretary to encourage the development of plans and specifications that promote the conservation and efficient use of energy. Sets forth provisions for housing assistance contracts between eligible Indian families and tribal housing agencies. Provides for monthly payments to the agency by the family in the amount of 20 percent of the adjusted family income, but not more than the amortization payment nor less than specified minimum payment. Requires annual review of such adjusted family income. Provides for reversion of the land to its former status and transfer of ownership of the house to the family at the end of 25 years. Prohibits the tribe from denying the family continued use of the land site unless the Secretary, the tribe, and the family negotiate for the tribal purchase of the house for an amount not less than the fair market value. Requires families receiving assistance under this title to make a minimum monthly payment to cover agency administrative costs, insurance premiums, and a contingency reserve for maintenance. Requires the agency to establish an account for residual receipts in the amount of the monthly payments collected less the minimum payment to be retained by the agency. Sets forth requirements for deposit of residual receipts in the fund. Makes tribal housing agencies responsible for implementation of monitoring and construction inspection procedures. Makes the technical staff of the Indian Health Service within the Department of Health and Human Services responsible for providing recommendations to the Secretary with respect to the adequacy of such procedures to assure compliance with minimum housing standards and project plans and specifications. Sets forth bonding requirements. Makes maintenance and utilities costs the responsibility of participating families. Sets forth contract requirements. Provides that specified provisions of the Indian Self-determination and Education Assistance Act (requiring wages in accordance with the Davis-Bacon Act and contract preferences for Indians) shall apply to all contracts, subcontracts, and employment opportunities supported by funding under this title unless a tribe formally requests waiver of such applicability in specific cases. Sets forth provisions relating to: (1) family sale or purchase of houses constructed, acquired, or rehabilitated with funds under a project agreement; (2) inheritance or assignation of family contractual interests in such housing; and (3) abandoned houses. Prohibits any Indian from being party to more than one housing assistance contract providing for a new standard house under title I or this title. Authorizes the Secretary to waive such limitation in appropriate circumstances. Authorizes tribal housing agencies to use project agreement funds to assist Indian families in making downpayments on standard housing to be financed through other sources of credit, under specified conditions. Requires tribal housing agencies to require that families with specified incomes provide evidence that at least two area lending institutions rejected home loan applications before such families are eligible for housing assistance under this title. Permits funds made available under this title to be used to construct rental housing. Sets forth requirements for maximum and minimum monthly rental payments, residual receipt payments, and tribal responsibility for utility and maintenance costs for such rental housing. Authorizes appropriations to carry out this title for FY 1983 through 1987. Title III: Indian Housing Loan Guarantee Fund - Establishes an Indian housing loan guarantee fund to provide access to sources of private financing for Indian families or tribes who otherwise would not be eligible for housing credit because of Federal laws restricting mortgage or other encumbrance of trust land. Authorizes the Secretary to guarantee up to 100 percent of the unpaid principal and interest due on any loan made to an Indian for the acquisition or construction of a standard house on trust land. Sets forth provisions relating to such loans' security, interest, premium charges, applications, sale or assignment, maturity, default, collection, and reimbursement guarantee. Sets forth requirements for lenders. Creates an Indian housing guarantee fund to be available to the Secretary as a revolving fund to carry out this title. Requires that this title's guaranteed loan program be operated separately from the Indian housing finance fund under title II of this Act and that no designated funds be transferred from one program to the other. Authorizes appropriations for FY 1983 through FY 1987. Sets forth permissible uses of such guarantee fund. Limits the aggregate outstanding principal amount which may be guaranteed by the Secretary, Sets forth provisions relating to guarantee fund assets, liabilities, and obligations and to servicing or purchase of guaranteed loans. Title IV: Miscellaneous Provisions - Directs the Secretary to establish in the Bureau of Indian Affairs an Office of Indian Housing Programs with primary responsibility for administering the programs established by this Act. Authorizes the Secretary to provide technical assistance to Indian tribes for housing plan development and implementation and for application preparation and submission. Directs the Secretary to provide for establishment of a training program to develop understanding by the participating families of the roles and responsibilities of the tribal housing agency, the Federal Government, and participants under titles I and II. Requires that such program include basic home maintenance training. Allows up to one percent of funds appropriated under authority of titles I and II to be used to provide such technical assistance and training. Makes the Indian Health Service responsible for provision of water and sanitation facilities for houses constructed, acquired, or rehabilitated with assistance provided under this Act. Directs the Secretary to coordinate such activities and responsibilities with the Secretary of Health and Human Services. Directs the Secretary to ensure that planning and budgeting for necessary roads and sanitation facilities shall be done in conjunction with planning and budgeting for new housing to be constructed with funds appropriated pursuant to this Act. Permits funds appropriated under titles I and II to be used to provide site improvements, streets, and driveways within multiunit housing projects. Requires that such streets be built to BIA standards and maintained by the BIA. Directs the Secretary to continue to provide all-weather access roads to multiunit projects constructed under this title through existing road programs and authorizations. Directs the Secretary to: (1) conduct a biennial housing inventory of current Indian housing needs and conditions to be used for purposes of specified title II provisions; and (2) submit copies of such inventory to the Congress. Directs the Secretary, within two years of enactment of this Act, to conduct and submit to the Congress a study of the potential uses of trust funds of Indian tribes and individuals to support, directly or indirectly, the provision of housing for Indians and Alaska Natives (subject to the consent of the beneficial owner and the continued ensured integrity of such funds). Directs the Secretary to promulgate necessary rules and regulations to carry out this Act. Directs the chairmen (in consultation with the ranking minority members) of the appropriate congressional committees to appoint persons of Indian descent, knowledgeable about Indian affairs and housing assistance programs, to be involved in the initial drafting and formulation of such regulations. Provides that housing assistance provided under this Act shall not exclude Indians from being eligible for other federally-assisted housing programs.
United States · United States Congress · 3 August 1982
Federal Abortion Funding Restriction Act - Prohibits Federal involvement in the performance of abortions, except when the life of the mother would be endangered if the child were carried to term. Includes within the scope of this prohibition: (1) performance of an abortion by a Federal agency; or (2) use of appropriated funds to perform, reimburse, or pay for abortions. Prohibits any institution receiving Federal funding from discriminating against any employee or student because of such person's opposition to abortion. Authorizes the bringing of individual or class actions in Federal court to enforce this Act. Provides for expedited Supreme Court review with regard to this Act.
United States · United States Congress · 26 July 1982
Omnibus Reconciliation Act of 1982 - Title I: Agriculture, Forestry, and Related Programs - Subtitle A - Food Stamp Program Reductions - Amends the Food Stamp Act of 1977 to: (1) treat all related persons living together who are not elderly, blind, or disabled as one household. Revises the measurement periods used for each October's adjustment of the cost of the thrifty food plan. Excludes from household income cost-of-living increases attributable to specified provisions of the Social Security Act, the Railroad Retirement Act of 1974, and pensions for veterans of a period of war. Changes the date for adjusting deductions in computing household income from July 1, 1983, to October 1, 1983. Revises excess shelter deduction provisions to permit State agencies to use a standard utility allowance which does not fluctuate seasonally. Excludes from such use households not incurring such expenses, or not pro-rating expenses shared with a non-participant in the food stamp program. Requires accessible pension funds and savings or retirement accounts to be counted in determining whether the financial resources limitation has been exceeded. Establishes categorical eligibility for recipients of Aid to Families With Dependent Children under the Social Security program. Authorizes the Secretary to permit State agencies to select certain categories of households which may file periodic reports of household circumstances at less frequent intervals than other types of households. Revises work registration and job search requirements to provide that an entire household would be disqualified for a member's failure to comply with whatever job search requirements are prescribed by the Secretary. Eliminates the exemption from work registration for parents or caretakers of children when the parent or caretaker is part of a household in which there is another ablebodied parent or caretaker subject to food stamp work requirements. Revises the work registration requirement to exempt those individuals employed a minimum of 150 hours per month or receiving monthly earnings which equal the minimum hourly rate established under the Fair Labor Standards Act of 1938, multiplied by 150 hours. Eliminates the requirement for joint issuance of regulations on work registration by the Secretary of Agriculture and the Secretary of Labor. Provides that college students who are eligible to participate in the food stamp program may not be disqualified when the college student is not the parent of a dependent child under the age of six and is not receiving aid to families with dependent children Requires that all the income of an ineligible alien be counted as household income for purposes of determining food stamp eligibility. Permits the prorating of benefits following any lapse in participation (currently after 30 days). Prohibits any increase in food stamp benefits to households on which a penalty, resulting in a decrease in income, has been imposed for intentional failure to comply with a Federal, State, or local welfare law. Authorizes the Secretary of Agriculture to limit the operation of house-to-house trade routes to those that are reasonably necessary to provide adequate access to households if the Secretary finds that the operation of house-to-house trade routes damages the integrity of the food stamp program. Prohibits the Secretary from requiring that the States submit, for prior approval, State agency instructions, interpretations of policy, methods of administration, forms, or other materials, unless the State determines that they alter or amend its plan of operation for the food stamp program. Eliminates the requirement that States maintain bilingual personnel and printed material for areas of the State in which a substantial number of members of low-income households speak a language other than English. Allows a State, at its option, to use such personnel and printed material. Eliminates the requirement that State agencies comply with Federal standards with regard to points and hours of certification and issuance. Permits the Secretary to restrict the number of households which may be represented by an individual. Requires expedited service to destitute migrant households or households with no income. Authorizes a State agency to promptly reduce or terminate benefits for any household which provides written information that clearly requires a reduction or termination. Requires State agencies to determine, not less frequently than annually, whether food stamp recipients are in receipt of duplicative benefits. Permits each State to choose whether AFDC and general assistance households must have their food stamp applications included in their AFDC or general assistance applications and whether food stamp applicants must be certified eligible based on information in their AFDC or general assistance case file. Requires the Secretary of Agriculture to require State food stamp agencies to conduct at least annual verfication or other measures to ensure that individuals who have been "cashed out" of the food stamp program are not also receiving food stamps. Authorizes household information disclosure to Federal or federally-assisted programs. Allows the Secretary to require State agencies to request and use Federal income tax information, especially information about dividend and interest income. Authorizes the Secretary to require State Agencies to use new or modified coupon issuance procedures if they improve the integrity of the food stamp program. Increases the penalties for retail stores which violate provisions of the Food Stamp Act. Permits the Secretary to require a retail food store or wholesale food to furnish a bond to cover the value of the coupons which such store may in the future accept and redeem. Permits a State to use other means of collection for fraud and nonfraud overissuances besides cash repayment and benefit offset. Allows the household of a disqualified person 30 days to choose between the cash repayment and the benefit offset procedures for collection of fraudulent claims. Permits the establishment of intercept systems to recover from unemployment compensation or Federal income tax refunds overissuances caused by fraud or intentional misrepresentation. Requires State agencies to reimburse the Secretary for the value of excess allotments issued to households. Sets forth a formula for reducing an agency's federally funded share of administrative costs based upon the State's payment error rate. Authorizes the Secretary to conduct a pilot project involving specified employment requirements in each of the seven administrative regions of the Food and Nutrition Service of the Department of Agriculture. Requires the Secretary to study the impact of benefit reductions and make a final report to the appropriate congressional committees by March 1, 1985. Authorizes ceilinged appropriations for FY 1983 through 1985. Requires the Secretary to promulgate guidelines for food stamp workfare programs that would enable local governments to operate such programs in a manner consistent with similar workfare programs which are operated by such local government. Eliminates current exemptions from the workfare requirements for food stamp participants who are involved at least 30 hours a week in a work incentive program. Permits a State to exempt such participants from the workfare requirements. Authorizes a State to elect to operate a low-income nutritional assistance block grant program to finance expenditures for food assistance for needy persons. Directs the Secretary to provide such States with a block grant in an amount based on a percentage of the FY 1983 funds appropriated for the food stamp program. Authorizes the Secretary, at the request of an Indian tribe or tribal organization within a block grant State, to reserve a determined amount of such grant for the direct use of such tribe. Sets forth procedures for application and requirements for eligibility for block grants. Prohibits the use of such grants for construction. Sets forth procedures for the Secretary and the Comptroller General to assure compliance with this section. Makes disabled veterans and their survivors eligible for food stamp benefits. Requires the rounding down of dollar amounts for the thrifty food plan in computing deductions of household income, and in calculating the value of allotments. Makes certain provisions of the Omnibus Budget Reconciliation Act of 1981 and the Agriculture and Food Act of 1981 effective on the date of enactment of this Act. Subtitle B - Dairy - Sets the price of milk for domestic needs at $13.10 per hundredweight for FY 1983 through 1985. Subtitle C - Farm Programs - Permits the Secretary of Agriculture, for the 1982 crops of wheat, feed grains, upland cotton, and rice, to make advance deficiency payments available to producers who participate in an acreage limitation program. Subtitle D - Agricultural Export Promotion - Requires the Secretary of Agriculture, for FY 1983 through 1985, to: (1) enter into agreements with private trade organizations, friendly countries, and financial institutions, with regard to export credit sales of United States agricultural commodities and products; (2) implement export subsidy programs for United States agricultural commodities or products thereof; or (3) undertake any combination of the above. Title II: Armed Services - Places limitation on the amount of the annual adjustment of retired and retainer pay of members and former members of the uniformed services in satisfaction of the reconciliation requirements of the first concurrent resolution on the budget for FY 1983. Title III: Senate Committee on Banking, Housing, and Urban Affairs - Amends the National Housing Act to permit maximum FHA mortgage amounts to be increased by the amount of the mortgage insurance premium paid at the time the mortgage is insured. Title IV: Commerce, Science, and Transportation - Places limitations through FY 1985 on Coast Guard retirement benefits. Reduces the size of the Federal Communications Commission from seven to five members. Abolishes, effective January 1, 1983, each office within the Interstate Commerce Commission which was vacant on July 14, 1982. Reduces the size of the Interstate Commerce Commission from 11 to five members with no more than three members from the same political party. Title V: Foreign Relations - Cites title VI of this Act and specified provisions of the Foreign Service Act of 1980 for cost savings achieved through limitation on the amount of the annual adjustment of the annuity payable from the Foreign Service Retirement and Disability Fund in satisfaction of the reconciliation requirements of the first concurrent resolution on the budget for FY 1983. Title VI: Civil Service Programs - Prohibits the cost of living for any civil service annuity from exceeding four percent in FY 1983, 1984, or 1985. Prohibits a Federal employee or a Member of Congress who is entitled to a civil service annuity for regular retirement from retiring on disability. Provides that, for purposes of disability evaluations, earning capacity shall be deemed to be restored if the disabled annuitants income for any calendar year (currently, in each of two succeeding years) equals 80 percent or more of the current pay rate of the annuitant's last position. Entitles the Director of the Office of Personnel Management, upon request, to receive information on social security, workers' compensation, military retired pay, and veterans' benefits in order to ensure the accuracy of information used in administering the disability retirement program. Entitles an individual who is separated from employment as a National Guard technician by reason of being disabled under military standards, but who is not considered disabled under civilian standards, to receive a civil service disability retirement annuity until the individual: (1) is no longer disabled; (2) is appointed to, or elects not to accept, a civil service position at a level equivalent to the level of his or her former position and within reasonable commuting distance; or (3) accepts any other civil service position. Directs any agency actively recruiting to fill a vacant position to consider such qualified disabled annuitants. Revises the method of computing interest on amounts deposited or redeposited for annuity credit into the Civil Service Retirement and Disability Fund after December 31, 1984. Eliminates provisions providing for a reduced annuity in lieu of a deposit for service for which no deposit or deduction was made. Requires that an employee or Member not be in a position which is eligible for a civil service annuity for at least 31 days in order to be entitled to a lump-sum payment for retirement credit. Increases the annuity reduction for individuals who retire before attaining 55 years of age. Makes Federal employees working in Alaska or Hawaii ineligible for round-trip transportation expenses between their posts of duty and their homes in the continental United States. Entitles employees whose posts of duty are in Alaska or Hawaii upon enactment of this Act to such expenses for their next trip. Requires the monthly installments of civil service annuities to be rounded to the next lowest dollar (currently, fixed at the nearest dollar) at commencement and after each cost of living adjustment. Changes the commencement date of a survivor annuity to: (1) the first day of the month during which a retired employee or Member dies; or (2) the first day of the first month after an active employee or Member dies. Changes the commencement date of an employee's or Member's annuity to the first day of the first month after: (1) his or her pay ceases; or (2) he or she is separated from the service. Changes the termination date of such an annuity to the last day of the month before death or any other terminating event occurs. Provides civil service retirement credit for military service to an individual becoming an employee or Member after October 1, 1982, only if a deposit is made into the Civil Service Retirement and Disability Fund with respect to such service. Allows any employee or Member to make such a deposit for military service. Includes such military service for which such deposits are made as creditable service for purposes of determining the amount of a civil service annuity even after the annuitant becomes eligible for old age, survivors, and disability (OASDI) insurance benefits. Allows any person entitled to an annuity on or before enactment of this Act to elect to be exempted from provisions excluding such person's military service as creditable service if the person is eligible for OASDI benefits. Provides for the recomputation of such person's annuity. Precludes eligibility for early retirement for an employee who is voluntarily separated from the service: (1) during an agency reorganization unless a significant percentage of employees will be separated or subject to a pay reduction; or (2) if the employee rejects a reasonable offer of another civil service position. Prohibits a civil service annuity from being increased by a cost of living adjustment to an amount exceeding the greater of: (1) the maximum pay for a GS-15; or (2) the employee's final pay (or average pay, if higher) increased by the cumulative average increases in pay since the employee retired. Title VII: Veterans' Programs - Establishes periods of commencement for payments based on an award of compensation, dependency and indemnity compensation, or pension. Sets forth a formula for rounding down the amount of payments under the Veterans' and Survivors' Pension Improvement Act of 1978. Extends the entitlement of children of veterans who are under 18 to such children who are not yet 19 but pursuing a high school degree and children over 18 who are not pursuing such a degree but who before reaching 18 became permanently incapable of self-support. Reduces the amount of pension receivable during the summer months for the students. Decreases the rates of: (1) disability compensation; (2) additional compensation for dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses; (5) dependency and indemnity compensation for children; and (6) supplemental dependency and indemnity compensation for children. Requires veterans to pay a loan user fee on guaranteed home loans.
United States · United States Congress · 1 July 1982
National Park Visitor Facilities Fund Act - Establishes in the Treasury the National Park Visitor Facilities Fund which shall consist of National Park System franchise fees in an amount not to exceed $5,000,000 in any fiscal year. Authorizes annual appropriations, beginning in FY 1984, to the National Park Service from the Fund which shall be made available to the National Park Foundation Board to carry out its functions under this Act. Requires the Secretary of the Interior to appoint three nongovernmental members of the National Park Foundation Board to act as a committee to consider and recommend to the Foundation construction and improvements projects for national park visitor facilities which have been submitted by the National Park Service. Requires the Secretary to make grants to the Foundation to carry out projects approved by the Board. Directs the Foundation to include in its annual report to Congress a description of such projects and its accomplishments under this Act. Provides for the expiration of the authorities contained in this Act on September 30, 1989. Requires that any amount in the Fund which has not been appropriated or obligated be transferred to the Treasury after that date.
United States · United States Congress · 1 July 1982
Amends the census provisions to permit the criteria for identifying areas that need specific tabulations of population to include the smallest administrative units used in conducting statewide elections.
United States · United States Congress · 30 June 1982
Amends the Small Business Act to treat businesses owned by Indian tribes as socially and economically disadvantaged small businesses for purposes of the Small Business Administration's business development program.
United States · United States Congress · 27 May 1982
Directs the Secretary of the Treasury to mint and issue coins of the United States in two specified series in quantities necessary to meet public demand. Directs the Secretary to sell such coins directly to the public and to numismatic coin dealers and retailers for resale to the public at not less than the fair market value of their silver content on the day before the sale, plus the costs of minting, distributing, promoting, and marketing the coins. Requires deposit of the net proceeds of such sales in the National Defense Stockpile Transaction Fund after the deduction of costs incurred by the Secretary. Limits the aggregate amount of silver in the National Defense Stockpile which may be used to mint the two specified coin series. Declares that disposals of silver from the National Defense Stockpile shall be conducted during calendar years 1983, 1984 and 1985.
United States · United States Congress · 26 May 1982
Christopher Columbus Quincentenary Jubilee Act - Establishes the Christopher Columbus Quincentenary Jubilee Commission to plan, encourage, coordinate, and conduct the commemoration of the voyages of discovery of Christopher Columbus. Authorizes the Commission to convene a national assembly, not later than one year after the date of enactment of this Act, to recommend appropriate activities. Requires the Commission, within two years of enactment of this Act, to report its recommendations to Congress. Directs the President to recommend legislative and administrative actions as deemed appropriate. Requires the Commission to report annually to Congress on its activities, including an accounting of funds received and expended. Provides for cooperative efforts from Federal agencies and departments. Authorizes appropriations to remain available until September 30, 1992. Requires the Commission to make a final report to Congress by April 30, 1993, and terminates the Commission on such date.
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 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 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 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 or second ranking official in each executive department, Director or Deputy Director of Central Intelligence, U.S. Supreme Court justice or nominee, or 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 guility 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 official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in or on or within 1,000 feet of, an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the Federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.
United States · United States Congress · 25 May 1982
Amends the Internal Revenue Code to allow disclosure of returns or return information to an officer or employee of any Federal agency for use in preparing any administrative, judicial, or grand jury proceeding involving the enforcement of a specific Federal criminal statute (but not involving tax administration) or in an investigation which may result in such a proceeding. Authorizes such disclosure only by ex parte order of a Federal district court judge or magistrate. Sets forth grounds for the granting of such order. Requires the Secretary of the Treasury to disclose return information upon written request of the head or the Inspector General of a Federal agency or the Attorney General or his designee, to such officers and employees as are directly engaged in, and solely for use in or preparation for, any administrative, judicial, or grand jury proceeding involving the enforcement of a specific Federal criminal statute (but not involving tax administration) or in an investigation which may result in such a proceeding. Prohibits the disclosure of returns or return information which would identify a confidential informant or seriously impair a tax investigation. Authorizes the Secretary to disclose return information (other than information which would identify a confidential informant or seriously impair a tax investigation) which may constitute evidence of a violation of Federal criminal laws to the extent necessary to apprise the head of the appropriate Federal agency responsible for enforcing such laws. Permits the Secretary or his designee, in specified emergency circumstances, to disclose information to the extent necessary to apprise the appropriate Federal agency of such emergency. Allows information disclosed pursuant to this Act to be entered into evidence in a proceeding not involving tax administration or in an ancillary proceeding to which the United States is a party. Limits such disclosure to the extent required by applicable discovery requirements. Prohibits admission of such information into evidence if the Secretary determines that it would identify a confidential informant or seriously impair a tax investigation. Permits the disclosure of returns and return information to Federal agencies by order of a Federal district judge if necessary to locate fugitives from justice. Permits an individual to bring an action for civil damages for the unauthorized disclosure of returns or return information by Federal officers or employees or others. Provides that an individual shall not be liable for a disclosure that results from a good faith but erroneous interpretation of the law. Limits the amount of recoverable damages. Allows the disclosure of returns or return information by Federal agencies or by the Secretary for use in certain audits by the General Accounting Office.
United States · United States Congress · 13 May 1982
Guaranteed Student Loan Reform Act - Amends part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) of title IV of the Higher Education Act of 1965 to require student borrowers to make in-school interest payments under the guaranteed student loan (GSL) program. Revises income limitations for the GSL program. Limits to borrowing only according to financial need those students from families whose adjusted gross income is over $25,000 (currently, $30,000). Prohibits borrowing by students from families with adjusted gross incomes over $40,000, with adjustments for family size. Replaces GSL program provisions for Federal interest subsidy payments with provisions for student borrower in-school interest payments and revises accordingly the terms of agreements with States and nonprofit private institutions. Adds the amount of the in-school interest payment to the amount of the maximum Federal loan insurance limitations for undergraduate students and for graduate or professional students under the GSL program. Makes technical and conforming amendments. Provides that the amendments made by this Act shall take effect October 1,1982. Directs the Secretary of Education to pay the required interest subsidies to holders of loans made prior to such effective date under the GSL program and authorizes appropriations necessary for such payments.
United States · United States Congress · 10 May 1982
Recommends levels of Federal revenues of $623,000,000,000 in FY 1982, $667,000,000,000 in FY 1983, $739,000,000,000 in FY 1984, and $822,000,000,000 in FY 1985. Sets the amount by which the aggregate levels of Federal revenues should be increased at $22,000,000,000 in FY 1983, $37,000,000,000 in FY 1984, and $42,000,000,000 in FY 1985. States that the appropriate levels of total new budget authority are $777,600,000,000 in FY 1982, $831,700,000,000 in FY 1983, $892,300,000,000 in FY 1984, and $966,000,000,000 in FY 1985. Sets the appropriate levels of total budget outlays at $740,700,000,000, in FY 1982, $779,100,000,000, in FY 1983, $825,000,000,000 in FY 1984, and $878,500,000,000 in FY 1985. Sets the appropriate reductions of outlays or increases of revenues, or a combination thereof, to assure the solvency of the Social Security Old-Age and Survivors Insurance Trust Fund at $6,000,000,000 in FY 1983, $17,000,000,000 in FY 1984, and $17,000,000,000 in FY 1985. States that the amounts of the deficits in the budget which are appropriate in light of economic conditions and other relevant factors are $117,700,000,000 in FY 1982, $106,100,000,000 in FY 1983, $69,000,000,000 in FY 1984, and $39,500,000,000 in FY 1985. Sets the appropriate levels of public debt at $1,144,200,000,000 in FY 1982, $1,290,000,000,000, in FY 1983, $1,414,600,000,000 in FY 1984, and $1,522,900,000,000 in FY 1985. Sets forth the increase in the temporary statutory limit on such debt at $64,400,000,000 in FY 1982, $145,800,000,000 in FY 1983, $124,600,000,000 in FY 1984, and $108,300,000,000 in FY 1985. Sets the appropriate levels of total Federal credit activity for: (1) new direct loan obligations at $67,300,000,000 for FY 1982 and at $63,600,000,000 for FY 1983; (2) new primary loan guarantee commitments at $93,000,000,000 for FY 1982 and at $102,500,000,000 for FY 1983; and (3) new secondary loan guarantee commitments at $69,000,000,000 for FY 1982 and at $68,300,000,000 for FY 1983. Sets forth the appropriate levels of new budget authority and outlays, for FY 1982 through 1985, and the appropriate levels of new direct loan obligations, new primary loan guarantee commitments, and new secondary loan guarantee commitments for FY 1982 and FY 1983 for each major functional category. Requires specified House and Senate committees to recommend program changes in laws within their respective jurisdictions to reduce budget authority and outlays for fiscal years 1983, 1984, and 1985 by specified amounts. Requires such committees, not later than June 18, 1982, to submit their recommendations to the Committees on the Budget of their respective Houses. Requires the Committees on the Budget to report to the House and the Senate a reconciliation bill or resolution or both carrying out all such recommendations without any substantive revision. Requires the Senate Committee on Finance and the House Committee on Ways and Means to report to their respective Houses, by June 11, 1982, changes in laws within the jurisdiction of such committees: (1) which provide spending authority sufficient to reduce budget authority and outlays by specified amounts through FY 1985; (2) sufficient to increase revenues by specified amounts through FY 1985; and (3) sufficient to increase receipts from user fees authorized by those committees by specified amounts through FY 1985. Requires such committees to also report, by December 1, 1982, changes in laws within the jurisdiction of such committees so as to reduce outlays or increase revenues, or a combination thereof, by specified amounts for FY 1983 through 1985, in order to insure the solvency of the Social Security Old-Age and Survivors Insurance Trust Fund. Requires such reports to take into account the recommendations of the National Commission on Social Security Reform. Declares that it is the sense of the Congress that the President should direct the National Commission on Social Security Reform to report its recommendations to Congress not later than November 11, 1982. Declares that it is the sense of the Senate that Senate committees instructed in this resolution should begin deliberations on the legislation those committees are required to report under this resolution as soon as this resolution is agreed to in the Senate. Declares that it is the sense of the Congress that the President should limit total Federal Financing Bank origination of direct loans guaranteed by other Federal agencies and purchases of loan assets from Federal agencies to specified amounts in FY 1983, and that direct borrowing transactions of Federal agencies should be, to the maximum extent possible, restricted to the Federal Financing Bank. Declares that it shall not be in order in either the House or the Senate during FY 1982 and FY 1983 to consider any bill, resolution, or amendment, except proposed legislation reported in response to reconciliation instructions, authorizing new direct loan obligations or new loan guarantee commitments unless that bill, resolution, or amendment also provides that the authority to make or guarantee such loans shall be effective only to such extent or in such amounts as are contained in appropriation Acts. Declares that it is the sense of Congress that it is urgent that effective budgetary control be established over all types of Federal direct loans and Federal loan guarantees. Prohibits any bill or resolution providing new budget authority for fiscal year 1983 or providing new spending authority in excess of the reconciliation proposals of a committee or subcommittee from being enrolled until Congress has completed action on the Second Budget Resolution for that fiscal year. Declares that it is the sense of the Senate that the new spending and revenue levels for fiscal year 1982, adopted by the Senate, shall be the ceilings against which the spending and revenue actions of the Senate will be measured pending final agreement with the House on the revision of the Second Concurrent Resolution on the Budget for FY 1982. Declares that it is also the sense of the Congress that if Congress acts to restore fiscal responsibility and reduces projected budget deficits in a substantial and permanent way, then the Federal Reserve Open Market Committee shall reevaluate its monetary targets in order to assure that they are fully complementary to a new and more restrained fiscal policy.
United States · United States Congress · 6 May 1982
Extends the congratulations of the Senate to the people and leaders of Greater Miami and Dade County, Florida, for their efforts in the production of the New World Festival of the Arts. Acclaims the Festival as a major cultural and artistic event.
United States · United States Congress · 28 April 1982
Amends the Internal Revenue Code to extend until December 31, 1987, the authority for the targeted jobs income tax credit. Extends the credit to all cooperative education students regardless of their economic status. Disallows the credit for employees who have worked for the same employer within the last 180 days. Limits the credit claimed on any individual to $4,500.
United States · United States Congress · 22 April 1982
Omnibus Victims Protection Act of 1982 - Title I: Victims Impact Statement - 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. Title II: Protection of Victims and Witnesses from Intimidation - 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. Title III: Restitution - Authorizes a sentencing court to order the defendant to make restitution for any offense. Requires the court to state for the record the reasons for not ordering restitution. Directs the Attorney General to recommend to Congress laws necessary to compensate victims of crimes where restitution is not possible. Title IV: Federal Accountability for Escape or Release of a Federal Prisoner - Grants exclusive jurisdiction to the Federal courts over civil claims against the the United States for damages caused by dangerous offenders who are released or escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Title V: Federal Guidelines for Fair Treatment of Crime Victims and Witnesses in the Criminal Justice System - Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims and witnesses. Requires the Attorney General to consider certain objectives in preparing the guidelines, including: (1) ensuring that victims receive prompt social and medical services; (2) giving victims and witnesses notice of important criminal justice proceedings and scheduling changes; (3) arranging for the prosecution to obtain the nonbinding views of victims of serious crimes during such stages as plea bargaining and pretrial release; (4) encouraging employers to continue to pay victims and witnesses for work absences to assist investigations and prosecutions; and (5) training law enforcement personnel in victim assistance. Title VI: Profit by a Criminal from Sale of his Story - Directs the Attorney General to recommend to Congress any laws that are necessary to ensure that no Federal felon derives any profit from the sale of his or her story until any victim of the offense receives restitution.
United States · United States Congress · 22 April 1982
National Defense Stockpile Copper Acquisition Act of 1982 - Directs the Administrator of General Services to acquire copper for the National Defense Stockpile in accordance with specified provisions of the Strategic and Critical Materials Stock Piling Act.
![Official portrait of Sen. Domenici, Pete V. [R-NM]](https://www.congress.gov/img/member/d000407_200.jpg)