United States · United States Congress · 26 January 1983
Amends the Controlled Substances Act to direct the Secretary of Health and Human Services to establish a temporary heroin program under which confiscated heroin shall be made available to hospitalized cancer patients for the relief of pain. Sets forth application requirements for qualified hospitals designed to protect against the illicit diversion of distributed heroin. Authorizes the Secretary to import opium to manufacture heroin if amounts confiscated are insufficient to meet hospital needs. Requires the Secretary to report to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources within specified time periods. Requires the Director of the National Cancer Institute to secure an exemption from the Federal Food, Drug, and Cosmetic Act for heroin to be used in certain Institute investigations.
United States · United States Congress · 26 January 1983
Cable Telecommunications Act of 1983 - Amends the Communications Act of 1934 to set forth provisions governing cable telecommunications. Grants the Federal Communications Commission (FCC) jurisdiction over broadband telecommunications in accordance with this Act and other applicable laws. Grants State and local governments the authority to award cable franchises within their jurisdictions in accordance with this Act. Prohibits any Federal agency, State or local government, or franchising authority from prohibiting any person from owning cable systems by reason of that person's ownership of other media interests. Specifies exceptions to such prohibition to: (1) allow enforcement of Federal antitrust laws; and (2) prohibit any State or local government from acquiring an ownership interest in any cable system at less than fair market value. Prohibits any such government that does acquire a cable system from owning or controlling the programming, except as specified in this Act. Authorizes the FCC to conduct inquiries and submit information to the U.S. Trade Representative concerning the access U.S. cable enterprises have to markets in countries of foreign persons who seek access to U.S. cable markets. Requires cable systems with 20 or more television broadcast channels to set aside ten percent of such channels for use by public, educational, or governmental channel programmers. Requires the channels to be set aside until the FCC determines that there are reasonably available alternatives for providing such programming service in a particular geographic area or market. Sets forth the criteria for determining whether there are reasonably available alternatives in the relevant area or market. Authorizes the franchisor to establish rules for the use of the channels set aside. Authorizes the cable system operator to combine public, educational, governmental, and other programming on one or more channels until there is a demand for each channel full time for its designated use. Declares that it is not necessary to modify a cable franchise agreement which was made before January 26, 1983, and which sets aside more than ten percent of its channels for public, educational, or governmental channel programming. Authorizes each State or local government, agency, or franchising authority to fix the rates charged for basic cable service and for public, educational, or governmental service. Terminates such rate-fixing authority for basic service when the FCC determines, according to specified criteria, that there are reasonably available alternatives to basic service programing in the relevant area or market. Prohibits Federal, State, or local regulation of the provision of or nature of: (1) cable services offered over a cable system; and (2) telecommunications facilities or services, other than telephone service, offered by or over a cable system. Directs the FCC to establish a reasonable ceiling for the franchise fees charged by a State or local government, agency, or franchising authority. Requires the ceilings to permit only the recovery of the cost of regulating the cable system. Authorizes the FCC to waive the ceiling if the reasonable cost of regulation exceeds the ceiling and the waiver will not interfere with Federal policies. Requires franchisors to permit renewal or extension of a cable system operator's franchise if: (1) the operator has substantially complied with the material terms of such franchise; (2) the operator's qualifications have not materially changed; and (3) the services and facilities provided by the operator meet the community needs. Prohibits unauthorized interception or reception of broadband telecommunications. Prohibits any cable operator, channel programmer, or originator of broadband telecommunications from using the cable system to collect personnally identifiable information on a cable subscriber without the written consent of the subscriber. Permits the collection of such information solely for billing purposes or for monitoring unauthorized receptions of cable telecommunications. Requires such information to be destroyed when it is no longer used for such purposes. Prohibits the disclosure of such information without the consent of the subscriber or a court order authorizing such disclosure. Requires cable operators to notify subscribers of their rights under the privacy provisions of this Act. Requires each subscriber to have access to all of their personally identifiable information collected and maintained by a cable operator, channel programmer, or originator of broadband telecommunications. Authorizes civil damages for violations of these privacy provisions. States that cable operators have no liability for programs on public, educational, or governmental channels or for programs required to be carried on any other channel. Grants the Government exclusive jurisdiction over broadband telecommunications regarding matters covered by this Act. Directs the FCC to encourage the introduction of new and additional services by new applicants, existing licensees, or other persons. Creates a presumption that new services are in the public interest if the FCC finds that such services are technically feasible without causing significant technical degradation to or interference with radio transmissions by other licensees. Sets forth the manner of filing petitions or applications for providing new services.
United States · United States Congress · 26 January 1983
Product Liability Act - Preempts State product liability laws. States that this Act governs any civil action for harm caused by a product which would have been based on: (1) strict or absolute liability in tort; (2) negligence or gross negligence; (3) breach of express or implied warranty and; (4) failure to discharge a duty to warn or instruct. Makes a manufacturer liable if the claimant establishes by a preponderance of the evidence that a product was unreasonably dangerous: (1) in construction or design; (2) because the manufacturer failed to provide adequate warnings of danger; or (3) because the product did not conform to an express warranty. Specifies the requisite findings which must be made for such proof of unreasonable danger to be determined. Subjects a product seller to liability if the claimant proves by a preponderance of the evidence that the claimant's harm was proximately caused by such seller's failure to use reasonable care with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including misuse, alteration or modification of a product. Specifies the manner in which damages are to be apportioned. Requires that damages in any product liability claim be reduced by an amount paid as workers' compensation benefits. Precribes a statute of limitation for recovery. Allows punitive damages to be awarded if the claimant proves by clear and convincing evidence that the harm suffered was the result of the product manufacturer's or sellers's reckless disregard for the safety of product users, consumers, or others who might be harmed by the product. Provides that evidence of corrective measures taken by a product seller after a harm has occurred would not be admissible in court to prove liability.
United States · United States Congress · 26 January 1983
Amends the Alaska National Interest Lands Conservation Act to increase the acreage of the following preserves in Alaska (thereby easing restrictions on hunting on certain lands): (1) the Katmai National Preserve; (2) the Gates of the Arctic National Preserve; (3) the Noatak National Preserve; (4) the Lake Clark National Preserve; (5) the Wrangell-Saint Elias National Preserve; (6) the Denali National Preserve; (7) the Kenai Fjords National Preserve; (8) the Glacier Bay National Preserve; and (9) the Aniakchak National Preserve.
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
Broadcast Deregulation Act of 1983 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from regulating the programming of radio broadcast station licensees. Directs the FCC to renew a broadcast station's license if the station has not seriously violated the Communications Act and, with respect to television stations, the licensee has substantially met the needs of residents of its service area. Prohibits the FCC, when acting on a license renewal application, from considering the license application of another person for the same facilities. Directs the FCC, consistent with sound spectrum management, to encourage the introduction of new and additional services. Requires the FCC, in acting upon applications for such services, to presume the services are in the public interest whenever providing them is technically feasible without causing significant technical degradation to, or interference with, radio transmissions by other licensees. Sets forth a schedule of fees to be charged by the FCC for specified administrative services. Authorizes the FCC to increase or decrease the charges annually. Authorizes the FCC to impose penalty fees and to waive fee payments. Requires the moneys collected from these fees to be placed in the Treasury for use by the FCC. Limits the amount collected from the fees to 50 percent of the amount authorized to be appropriated to the FCC.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
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
Directs the Administrator of General Services to obtain and provide for the distribution within the United States of the United States Information Agency film "Dumas Malone: A Journey with Mr. Jefferson."
United States · United States Congress · 2 October 1982
Permits the use of the visitors' fees collected at the Grand Canyon National Park, Arizona, to reimburse school districts through September 30, 1985, for educational expenses for pupils living on tax-exempt Federal property at or near the park. Requires the Secretary of the Treasury to maintain in a special fund a portion of the park revenues for the maintenance and operation of federally owned school facilities and property.
United States · United States Congress · 1 October 1982
Amends the Tariff Act of 1930 to prohibit offsetting the foreign market value of merchandise against the selling expenses in the exporter's home market, when determining the exporter's sales price for purposes of antidumping duties.
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 · 17 September 1982
Amends the Davis-Bacon Act to direct the Secretary of Labor to base the determination of the wages prevailing for the classes of laborers, mechanics, and helpers corresponding to workers under a Federal contract upon: (1) the wage paid to 50 percent or more of such corresponding classes of laborers, mechanics, and helpers employed doing work similar to the Federal contract work in the urban or rural civil subdivision of the State in which the contract work is to be performed; or (2) the weighted average of wages paid such classes of workers, if the same wage is not paid to 50 percent or more of such workers. Raises the minimum amount of any Federal contract to which such Act applies from $2,000 to $100,000. Adds "helpers" to the list of workers to whom such Act applies.
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 · 15 July 1982
Precollege Mathematics and Science Teacher Assistance Act - Amends the Higher Education Act of 1965 to establish a program of direct loans to students in institutions of higher education who are preparing to be precollege mathematics and science teachers. Directs the Secretary of Education to carry out a program of establishing and maintaining funds at institutions of higher education for making low-interest loans to students who: (1) pursue baccalaureate degree courses of study in mathematics and/or science and (2) intend to enter the precollege mathematics and science teaching profession. Authorizes appropriations for FY 1984 through FY 1988 to carry out such program. Authorizes additional appropriations for FY 1988 through FY 1993 to enable students who have received loans for academic years ending prior to October 1, 1988, to continue or complete courses of study. Directs the Secretary to make payments to institutions of higher education on the basis of the estimated needs of such institutions for making such student loans. Sets forth conditions for such payments and for the agreements with the Secretary which such institutions must make in order to receive such payments. Sets forth the terms of such student loans. Sets forth eligibility requirements for students. Sets forth requirements for agreements between an institution and a student receiving such a loan from the student loan fund (including agreements which require commitments to teach or commitments to repay such loans). Provides for cancellation of such student loans at the rate of 25 percent for each complete year of service after the date of enactment of this Act as a full-time science or mathematics teacher in an elementary or secondary school academic year. Provides for cancellation of the entire amount of interest which accrues for any year in which a portion of the loan is cancelled.
United States · United States Congress · 15 July 1982
Math and Science Education Act - Amends the Internal Revenue Code to allow employers an income tax credit for compensation paid to: (1) precollege mathematics and science teachers hired for the summer months for employment which provides experience in the applied use of high technology; and (2) permanent employees who teach precollege mathematics or science at a public school without compensation from such school. Sets the amount of such credit at the sum of: (1) 50 percent of the aggregate compensation paid to teachers employed for the summer months; plus (2) 100 percent of the aggregate compensation paid to permanent employees who teach at public schools. Limits the amount of compensation paid to a permanent employee which may be taken into account to $1,000 multiplied by the number of months such employee teaches in a public school. Requires that teachers hired for the summer months must be paid at a weekly rate equal to or greater than the weekly rate of the teaching salary of such teacher. Requires that permanent employees who teach at public schools must teach at an elementary or secondary school for at least ten hours per week (at least five hours of which must be actual instruction in the classroom) at the request of the school district administrators.
United States · United States Congress · 1 July 1982
Short-Time Compensation Act of 1982 - Declares the purpose of this Act to be to encourage States to provide unemployment benefits to individuals whose workweek is reduced pursuant to an employer plan under which such reductions are made in lieu of total layoffs. Directs the Secretary of Labor to: (1) develop legislation which may be used by States as a model in developing and enacting short-time compensation programs; (2) provide technical assistance to States to develop, enact, and implement such programs; and (3) study and evaluate the operation, costs, effect on the State insured rate of unemployment, and other effects of such programs. Terminates the guideline and grant provisions of this Act after a three-year experimental period. Encourages States to experiment, but to consider requiring specified provisions to assure minimum uniformity. Defines a "short-time compensation program" as one under which: (1) individuals whose workweek has been reduced by at least ten percent, pursuant to a qualified employer plan, will be eligible for at least a pro rata portion of the unemployment benefits payable if such individual were totally unemployed; (2) eligible employees may apply for and collect short-time compensation or regular unemployment compensation benefits, as needed, but shall not collect more than the maximum unemployment compensation benefit for full-time unemployment or be eligible for short-time compensation for more than 26 weeks in any 12-month period; and (3) eligible employees will not be expected to meet the availability for work or work search test requirement while collecting short-time compensation, but must be available for their normal workweek. Defines "qualified employer plan" as one under which there is a reduction in the number of hours worked by employees rather than total layoffs if: (1) such plan is approved by the State agency; (2) the employer or employers association which is party to a collective bargaining agreement certifies that the aggregate reduction in work hours pursuant to such plan is in lieu of total layoffs which would result in an equivalent reduction of work hours; (3) the State agency reviews, at least annually, any plan put into effect to assure that it continues to meet the requirements of this Act and of any applicable State law; (4) the employer continues to provide health and pension benefits to employees whose workweek is reduced under such plan at the same level provided before such reduction; (5) the exclusive bargaining representative (if there is one) of the employees has consented to the plan; and (6) during the previous four months, the work force in the affected unit or units has not been reduced by temporary layoffs of more than ten percent. Requires that such short-time compensation benefits be charged in a manner which insures that the benefits are financed by the employers to whom the benefits are attributable. Includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands under the term "State," for purposes of this Act. Directs the Secretary to study State short-time compensation programs and to consult with employee and employer representatives in developing guidelines to measure specified factors. Directs the Secretary to submit a final report to the Congress and the President on the implementation of this Act, with a program evaluation and recommendations. Provides that nothing in this Act shall relieve any State of any condition imposed by the Federal Unemployment Tax Act. Requires, for unemployment rate determinations under the Federal-State Extended Unemployment Compensation Act of 1970, that short-time compensation recipients be counted only in proportion to the actual amount of compensation received. Declares that an employee benefit plan which otherwise complies with specified provisions of the Internal Revenue Code shall not be found to violate those provisions because of technical noncompliance caused solely by the employer's participation in a qualified employer plan as defined under this act.
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
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 · 20 May 1982
Amends the Federal criminal code to add to current penalties for killing officers and employees of the United States penalties for: (1) attempting to kill; and (2) killing, or attempting to kill, any officer or employee of any department or agency within the Intelligence Community. Establishes as new offenses the murder, manslaughter, assault, threat against, extortion, or kidnapping of: (1) persons given entry into the United States for permanent residence pursuant to the Central Intelligence Agency Act of 1949; and (2) persons present in the United States under intelligence auspices.
United States · United States Congress · 18 May 1982
Requests the President to designate the week beginning June 20, 1982, as Great Seal Bicentennial Week and announce the cutting of dies for the complete Seal.
United States · United States Congress · 6 May 1982
Amends the Immigration and Nationality Act to prohibit an Immigration and Naturalization Service official or employee from entering a farm or agricultural operation without a warrant.
United States · United States Congress · 5 May 1982
Intelligence Authorization Act for Fiscal Year 1983 - Title I: Intelligence Activities - Authorizes appropriations for FY 1983 for intelligence and intelligence-related activities in specified departments and agencies of the U.S. Government. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1983. Establishes an end strength ceiling of 210 full-time Intelligence Community Staff employees. Title III: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 1983 for the Central Intelligence Agency Retirement and Disability Fund. Title IV: Supplemental Authorization for the Fiscal Year 1982 - Authorizes supplemental appropriations for FY 1982 for the conduct of intelligence activities of the U.S. Government. Title V: General Provisions - Makes certain provisions of the Federal Property and Administrative Services Act relating to the procurement of automatic data processing equipment inapplicable to CIA procurement. Prohibits the unauthorized use of the name, initials, or seal of the Defense Intelligence Agency.
United States · United States Congress · 5 May 1982
Defense Intelligence Agency Personnel Management Improvement Act of 1982 - Permits the Secretary of Defense to establish and appoint individuals to civil service positions for civilian officers and employees in the Defense Intelligence Agency as may be necessary. Excludes such positions from specified civil service requirements. Directs the Secretary to fix the rates of basic pay in relation to rates in the General Schedule. Sets forth other conditions of employment, using civil service requirements as guidelines. Permits the Secretary to terminate such employment whenever deemed necessary.
United States · United States Congress · 4 May 1982
Clean Air Act Amendments of 1982 - Amends the Clean Air Act ("the Act") to revise stationary source provisions for State implementation plans (SIPs), new source performance standards (NSPS), primary nonferrous smelter orders, prevention of significant deterioration (PSD), and best available control technology (BACT). State Implementation Plans (SIPs) - Permits major stationary source construction or modification in a nonattainment area, even if such source emissions will cause or contribute to concentrations of a pollutant in excess of a national ambient air quality standard (NAAQS), if: (1) the SIP revision permitting such construction or modification has not been affirmatively disapproved by the Administrator of the Environmental Protection Agency (EPA); or (2) the State determines that such construction or modification is in the public interest and that NAAQS attainment would be achieved with a reasonable extension of the attainment deadline. Prohibits findings by the Administrator related to procedural or technical defects in permit applications from serving as the basis for a moratorium on stationary source construction or modification in nonattainment areas. Requires States to provide the Administrator: (1) notice and copies of proposed SIP revisions; and (2) notice of SIP revisions adopted and brief summaries of written objections or comments concerning such revisions and of State actions with respect to such objections or comments. Directs the Administrator to submit to the State technical and legal comments, and any recommended changes, on proposed SIP revisions. Directs the Administrator to publish notice in the Federal Register within 30 days of receipt of notice of State adoption of an SIP revision and to provide a period of no less than 30 days and no more than 70 days for public comment. Provides that SIP revisions shall be deemed approved by the Administrator and become effective 90 days after publication in the Federal Register, unless the Administrator has disapproved the revision for failure to satisfy specified requirements. Directs the Administrator to publish a notice in the Federal Register of each approval or disapproval of an SIP revision. Authorizes the Administrator to extend such public comment period and effective date of an SIP revision for up to 60 days and to hold public hearings on SIP revisions. Prohibits an SIP revision from becoming effective unless the Administrator publishes a finding that the State's response to a timely objection, based on the Act or any regulation under the Act, was not arbitrary or capricious. Describes the materials that shall constitute the record for purposes of judicial review of approvals or findings of the Administrator with respect to SIP revisions. Repeals the requirement that SIPs must provide, to the extent necessary and practicable, for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards. Prohibits the Administrator from requiring such an inspection and testing program as a condition of SIP approval, except under specified conditions relating to extensions of attainment dates for NAAQS for photochemical oxidants or carbon monoxide. Permits States to suspend or revoke indirect source review programs without regard to specified SIP approval requirements. Provides that such a State suspension or revocation shall constitute a SIP revision, of which the State must notify the Administrator and the Administrator must publish notice in the Federal Register. Removes the requirement that the system of continuous emission reduction be "technological," for purposes of permit requirements for new or modified stationary sources. Establishes a ten-year "grandfather" period from the date of completion of construction or modification of any major emitting facility issued a permit under PSD area or nonattainment area provisions. Provides that during such period such facility shall not be required to comply with an emission limitation or standard more stringent than the emission reduction required under such permit, unless the limitation or standard: (1) applies to an air pollutant for which an NAAQS is established after permit issuance; or (2) is required under provisions for nonattainment areas or national emission standards for hazardous air pollutants (NESHAPs) or emergency conditions. New Source Performance Standards (NSPS) - Repeals the requirement that new fossil fuel fired stationary sources of air pollution comply with a standard of performance which requires a percentage reduction in air pollutant emissions. Redefines "standard of performance," for NSPS purposes, to require emissions limitations achievable through the application of a system of continuous emission reduction which the Administrator (or the State, for specified categories of stationary sources) determines is adequate for that category or a similar category of new stationary sources, taking into consideration the cost of achievement, energy impact, and environmental effects unrelated to air quality. Redefines "new source" to include stationary sources commencing planning or design (as well as those commencing construction or modification) after publication of final applicable NSPS and to exclude any stationary source for which planning, designing, construction, or modification commenced after September 18, 1978, but prior to June 11, 1979. Removes the requirement that the system of continuous emission reduction under NSPS be a "technological" system or process. Includes in the definition of such system or process the use of inherently low-polluting fuels or raw materials. Permits application of such amended requirements to fossil fuel fired electric utility steam generating units which were constructed or modified after September 18, 1978, and before the publication of regulations reflecting the amendments made by this Act. Primary Nonferrous Smelter Orders - Permits primary nonferrous smelters to use intermittent emissions curtailment for not more than five percent of any calendar year to assure attainment and maintenance of the NAAQS for sulfur oxides. Directs the Administrator to promulgate new regulations for a standard of good engineering practice with respect to stack heights which will allow, in the case of primary nonferrous smelters, a credit for such stack height as may be necesssary to reduce plume impaction on terrain obstacles in mountainous regions where no other reasonable plant siting option is available. Extends by five years the deadlines for compliance with primary nonferrous smelter orders. Prevention of Significant Deterioration (PSD) - Revises a purpose of PSD provisions. Makes a Class II areas (areas where air quality deterioration is permitted to a greater degree than in Class I areas which include international and national parks and wilderness areas in existence on August 7, 1977) areas which exceed 10,000 acres in size and which are established after passage of the Clean Air Act Amendments of 1977 as national monuments, primitive areas, preserves, recreation areas, wild and scenic rivers, wildlife refuges, lakeshores or seashores, and parks or wilderness areas. Provides that such areas may only be redesignated as class I or class II. Directs the Administrator to consult with the Federal land manager in each State and publish a list of such areas located within specified nonattainment areas. Exempts such areas for classification as class II areas upon certification to the Administrator by the States in which such areas are located that such a designation is unreasonable or impractical. Prohibits the Administrator from overruling the State, unless the Administrator demonstrates that the State has been arbitrary or capricious in exempting such areas from classification as class II areas. Provides that current non-mandatory class II areas which are not established as class I areas or mandatory class II areas or redesignated shall be class II areas until December 31, 1983, but shall be unclassified thereafter, unless redesignated. Eliminates the Class III area classification. Repeals Class I and Class II area short-term "increment" requirements (maximum allowable increases over baseline concentrations of a pollutant) for: (1) 24-hour periods for particulate matter; and (2) 24-hour and three-hour periods for sulfur dioxide (thus retaining only annual "increment" limitations for such pollutants in such areas). Repeals all Class III area "increment" requirements. Excludes pollution attributable to fugitive dust and other naturally occurring background particulate matter from consideration in determining concentrations of pollutant for purposes of PSD increment requirements. Authorizes (and requires upon petition of the Governor) the Administrator to provide notice, conduct a public hearing, and, with the Governor's concurrence, promulgate rules for determining compliance with increment requirements in States where the Administrator is the PSD permitting authority. Eliminates the Class III area classification. Permits States to designate or redesignate specified national areas established after the passage of this Act and exceeding 10,000 acres in size as class I, class II, or unclassified. Requires that such redesignation be specifically approved by the Governor after consultation with the legislature (unless State law requires State legislation) and local governments of the redesignated area. Exempts such areas which are redesignated unclassified from PSD increment requirements. Eliminates requirements that specified descriptions, analyses, and plans relating to area redesignations be prepared and made available for public inspection. Eliminates provisions relating to preconstruction requirements for Class III areas. Retains the one-year (after filing date) deadline for granting or denying completed permit applications for facilities which will emit 500 tons or more per year of pollutant, but provides a six-month deadline in the case of facilities emitting less than 500 tons. Requires that the permit applicant be notified whether the application is complete, within two months after filing. Requires States, for PSD preconstruction review purposes, to transmit to the Administrator copies of permit applications for major emitting facilities only if such a facility will emit: (1) 500 tons or more per year of total suspended particulate matter or 1,000 tons or more of sulfur dioxide; or (2) pollution affecting air quality in any class I area or other specified national areas. Requires States to provide notice to the Administrator of only the final action taken on such permit. Requires protection of air quality related values within a Class I area only "from significant adverse impacts." Provides that the affirmative responsibility of the Federal Land Manger and the Federal official charged with direct responsibility for management of lands within a class I area shall not extend to protection of integral vistas or views of specific landmarks or panoramic views located outside the boundaries of Federal Class I areas. Requires inclusion of information constituting its basis in the filing of an allegation that a proposed facility may cause or contribute to a significant adverse impact in air quality. Requires State concurrence, taking into consideration the health, environmental, economic, and energy effects of a facility, with the Federal Land Manager's demonstration that a proposed facility will have such an impact. Repeals the requirement that the owner or operator demonstrate to the satisfaction of the Federal Land Manager that a proposed facility will not have an adverse impact on air-quality related values. Requires, instead, that the owner or operator file a notice with the Federal Land Manager that such facility will have no significant adverse impact, and gives the Federal Land Manager 45 days to concur or disagree. Repeals short-term "increment" limitations for PSD construction permit purposes. Authorizes the Governor, after consideration of the Federal Land Manager's recommendation, to grant a variance from the annual increment limitation for sulfur dioxide in Class I areas. Requires, in the case of Federal mandatory Class I areas, that such a variance not have a significant adverse effect on air quality related values and be in the public interest. Requires that continuous air quality monitoring data be included in an analysis for PSD preconstruction review purposes only to the extent required in the discretion of the permitting authority. Repeals the requirement that such data be gathered over a one-year period. Establishes a ten-year "grandfather" period for facilities issued PSD construction permits. Excludes naturally occurring background particulates or fugitive dust analysis or control from specified demonstrations required of owners or operators seeking PSD construction permits. Deletes the requirement that the Administrator's PSD regulations for specified other pollutants be at least as effective as the increment requirements already established. Revises the definition of "major emitting facility" for PSD purposes to provide consideration of the net effect on air pollution emissions of modifications of specified types of stationary sources. Revises provisions for visibility protection for Federal Class I areas to cover only "significant" impairments of visibility. Excludes from the definition of "visibility impairment" an integral vista or view of a specific landmark or panoramic view located outside the boundary of a Class I Federal area which can be viewed from a point within the boundaries of a Class I area. Best Available Control Technology (BACT) - Revises the definition of "best available control technology" (BACT) to include designs or work practice standards. Allows the permitting authority to provide that for stationary sources which do not emit more than 500 tons per year of a particular air pollutant BACT may be equivalent to the applicable new source performance standard (NSPS), under specified circumstances.
![Official portrait of Sen. Goldwater, Barry [R-AZ]](https://www.congress.gov/img/member/g000267_200.jpg)