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Official portrait of Sen. Hollings, Ernest F. [D-SC]

Sen. Hollings, Ernest F. [D-SC]

United States · Official source

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4,936 records where Sen. Hollings, Ernest F. [D-SC] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SJRESS.J.Res. 204 (97th)referred

A joint resolution to commemorate the travels of William Bartran.

United States · United States Congress · 22 June 1982

Provides that significant route segments and sites recognized as identifiable with William Bartram and his travels be distinguished by suitable markers. Authorizes the Secretary of the Interior to accept donations of such suitable markers for placement at appropriate locations.

Bill· SS. 2603 (97th)open

Fair Trade Act of 1982

United States · United States Congress · 27 May 1982

Fair Trade Act of 1982 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to submit a report to the President on certain trade practices of countries designated as major trading countries. Requires the report to be completed within six months after enactment of this Act. Requires the report to contain a study on any major practice of each major trading country that: (1) is inconsistent with a trade agreement; (2) is unjustifiable and restricts U.S. commerce; or (3) denies to competitive U.S. products commercial opportunities that are substantially equivalent to those offered by the United States. Directs the President to publish and submit to the appropriate congressional committees: (1) such study; (2) an estimate of the trade distorting impact of the practices identified in the study; (3) all feasible courses of action which would redress imbalances caused by such practices if efforts to obtain their elimination fail; and (4) a proposed joint resolution which requires the President to take a specific course of action which the President has determined to be the most appropriate course of action. Authorizes other Federal agencies to help the USTR to carry out this Act. Authorizes appropriations. Provides for expedited consideration of the proposed joint resolution which the President is required to submit to the appropriate congressional committees. Directs the President, upon enactment of such resolution, to inform the countries involved that the President will undertake the course of action specified in the joint resolution unless the countries eliminate the offensive practices within 60 days. Adds to the list of unfair trade practices that require Presidential action under the Trade Act of 1974 those foreign trade practices that deny to the United States commercial opportunities substantially equivalent to those offered by the United States. Directs the President to take appropriate action to redress any imbalance resulting from such foreign trade practices. Provides that such action need not be limited to the equivalent product or service sector or the offending act, policy, or practice.

Bill· SS. 2585 (97th)referred

Military Widows and Surviving Children Benefits Restoration Act

United States · United States Congress · 27 May 1982

Military Widows and Surviving Children Benefits Restoration Act - Directs the Secretary of the military department concerned to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before the Omnibus Budget Reconciliation Act of 1981 to certain children between the ages of 18 and 22 attending institutions of higher learning. Limits eligibility for such payments to children of veterans who died on active duty or from a service-connected disability. Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary of the military department concerned to make monthly payments to the surviving spouse of such veteran in the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary concerned to notify each member of the armed forces that his or her dependents will be ineligible for such benefits should the member die after the applicable date, in no case later than August 13, 1983. Directs the Secretary of Health and Human Services to provide the Secretary concerned with information necessary to carry out this Act.

Resolution· SRESS.Res. 406 (97th)referred

A resolution to assure Israel's security, to oppose advanced arms sales to Jordan, and to further peace in the Middle East.

United States · United States Congress · 27 May 1982

Expresses the sense of the Senate that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.

Resolution· SCONRESS.Con.Res. 103 (97th)referred

A concurrent resolution to reaffirm the policy of the United States that public education is the cornerstone of our democratic system and its belief that continuing support for our public schools is essential to the realization of the social and economic goals upon which the future of our country depends.

United States · United States Congress · 27 May 1982

Reaffirms the policy of the United States with respect to continuing support for public schools.

Bill· SS. 2572 (97th)open

Violent Crime and Drug Enforcement Improvements Act of 1982

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.

Resolution· SCONRESS.Con.Res. 100 (97th)referred

A concurrent resolution expressing the sense of the Congress that pending steel unfair trade practice cases be vigorously pursued and promptly concluded.

United States · United States Congress · 26 May 1982

Expresses the sense of the Congress that: (1) the President should direct the appropriate agencies to pursue vigorously and promptly conclude certain countervailing duty and antidumping duty investigatons and the pending steel unfair trade practices investigation; and (2) Congress should consider legislation to strengthen U.S. trade laws.

Bill· SS. 2565 (97th)open

A bill to amend the Internal Revenue Code of 1954 to provide for the disclosure of returns and return information for use in criminal investigations, and for other purposes.

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.

Bill· SS. 2552 (97th)referred

A bill to protect the safety of intelligence personnel and certain other persons.

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.

Bill· SS. 2556 (97th)referred

Furniture Purchase Reimbursement Act of 1982

United States · United States Congress · 20 May 1982

Furniture Purchase Reimbursement Act of 1982 - Requires all furniture and decorative accessories for any office of any Federal officer appointed by the President, by and with the advice and consent of the Senate, to be procured by the Administrator of General Services, unless such items can be supplied from: (1) excess property available through the Federal Property Resources Service or from another agency; or (2) sources maintained by the Federal Supply Service. Permits the Administrator to authorize the competitive procurement of such items by an agency after approving the specific requirement for such items. Declares that any officer who procures such items in violation of this Act shall be personally liable for the Government's procurement expenses.

Bill· SS. 2543 (97th)open

Crime Control Act of 1982

United States · United States Congress · 19 May 1982

Crime Control Act of 1982 - Title I: Organized Crime Enforcement - Amends the Federal criminal code to establish penalties for any person who commits or commissions a contract murder, attempted murder, or assault. Provides that a direct or indirect contract between two or more persons involving an offer, agreement, or solicitation to commit a contract murder shall constitute prima facie evidence that the act was commissioned for "anything of value." Applies the penalties for contract murder to any person who uses actual or threatened force to coerce another to commit a murder, attempted murder, or assault in violation of State law. Directs the Attorney General to designate criteria for Federal involvement in the prosecution of contract murders. Stipulates that this Act does not preempt State law in this area. Makes it a Federal offense to kill any attorney, agent, or employee of the U.S. Government employed to investigate or prosecute violations of Federal criminal statutes or any employee of the Intelligence Community. Establishes a new offense of assaulting, kidnapping, murdering, or threatening the relative of any Federal employee covered by the current assault statute, with intent to interfere with such employee's official duties. Amends the obstruction of justice statute to expand the class of persons protected from coercion to include potential witnesses and informants (current law protects actual witnesses). Amends the Freedom of Information Act to expand the exception relating to informants to limit disclosure of information which "tends to disclose" an informant's identity. Amends the Federal Rules of Criminal Procedure to permit a court to reduce a sentence of a cooperating defendant upon application of a U.S. Attorney. Amends the wiretap statute to require a judge to review in camera any information as to previous wiretap applications which might compromise a current or pending case or investigation. Amends the Federal Rules of Criminal Procedure to permit disclosure of Federal grand jury information to a State or local law enforcement official who is assisting a U.S. Attorney in the enforcement of Federal criminal law. Title II: Bail Reform - Amends the Controlled Substances Act of 1970 to require a judicial officer, in setting conditions of pretrial release for any person charged with certain narcotics offenses, to consider which conditions will reasonably assure the safety of the community, the personal safety of persons in the community, and the prevention of similar offenses by such person. Requires a judicial officer to deny release to any person charged with a narcotics offense who: (1) has previously been convicted of a felony narcotics offense under Federal, State, or foreign law; (2) is on parole, probation, or other conditional release for a felony offense under Federal or State law; (3) is an illegal alien; (4) was arrested in possession of a false passport; or (5) has been convicted of being a fugitive from justice. Requires the Government to provide clear and convincing evidence that the person charged falls within any such category and to establish that there is substantial probability that the person committed the offense. Permits the judicial officer to grant release to a person who has not been previously convicted of a felony narcotics offense upon a finding of special mitigating factors. Requires that the case of a person who is denied release be placed on an expedited calendar. Title III: Sentencing - Authorizes a court to impose additional penalties where a crime is carried out by use of, or threatened use of, violence, or a dangerous weapon or destructive device. Increases penalties for persons in possession of large amounts of marihuana. Title IV: Habeas Corpus Reform - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits the Federal evidentiary hearing from being conducted where State court records contain factual findings, unless the petitioner establishes the existence of at least one of six enumerated circumstances. (Currently, the State findings are presumed to be correct unless petitioner establishes existence of a circumstance.) Eliminates from such circumstances that the applicant: (1) did not receive a full, fair, and adequate hearing; or (2) was otherwise denied due process.

Resolution· SRESS.Res. 387 (97th)passed

A resolution to acclaim the New World Festival of the Arts, to be held throughout Greater Miami and Dade County, Florida, June 4, 1982, through June 26, 1982, as a major cultural and artistic event.

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.

Bill· SS. 2466 (97th)open

A bill to amend the Tariff Schedules of the United States to provide for rates of duty on imported roses consistent with those maintained by the European Economic Community on imports of roses from the United States and other nations.

United States · United States Congress · 29 April 1982

Amends the Tariff Schedules of the United States to increase the tariff on imported roses. (Makes the U.S. tariff consistent with the tariff imposed by the European Economic Community.)

Bill· SS. 2455 (97th)open

A bill to extend the Targeted Jobs Tax Credit.

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.

Bill· SS. 2448 (97th)referred

Private Satellite Launching Authorization Act of 1982

United States · United States Congress · 28 April 1982

Private Satellite Launching Authorization Act of 1982 - Authorizes the Administrator of the Federal Aviation Administration (FAA) to issue a license for launching a space object. Sets forth the conditions for issuing a license. Makes such license nontransferable. Prohibits the launching of private space objects without such a license. Directs the Administrator to establish guidelines for the design and construction of space launch vehicles in the interest of public safety. Directs the Administrator of the National Aeronautics and Space Administration (NASA) to give technical assistance. Directs the Administrator of the FAA to establish requirements for liability insurance to be carried by any licensee. Permits the Administrator to suspend or revoke a license for failure to comply with applicable regulations. Excludes from this Act space objects launched by or on behalf of the United States Government.

Law· SS. 2436 (97th)enacted

A bill to designate the Mary McLeod Bethune "Council House" in Washington, D.C., as a national historic site and for other purposes.

United States · United States Congress · 27 April 1982

Designates the Mary McLeod Bethune Council House in Washington, D.C., as a national historic site. Directs the Secretary of the Interior to enter into cooperative agreements with the National Council of Negro Women, which may provide technical and financial assistance to restore and maintain the historic site and property related to such site. Requires the Council to submit to the Secretary and Congress an annual report on the activities and expenditures for which such assistance was used, as a condition of the receipt of such assistance.

Bill· SS. 2445 (97th)referred

Cable Telecommunications Competition and Deregulation Act of 1982

United States · United States Congress · 27 April 1982

Cable Telecommunications Competition and Deregulation Act of 1982 - Amends the Communications Act of 1934 to set forth provisions governing cable telecommunications. Directs the Federal Communications Commission (FCC) to oversee the implementation of such provisions. Authorizes any State, local government, or cable franchising authority to adopt or continue in effect regulations affecting cable systems which are not inconsistent with the purposes and policies of the cable provisions of this Act. Directs the cable operator and the cable franchising authority to determine jointly the: (1) amount and nature of basic service; (2) number of channels to be used for program origination; and (3) minimum capacity of telecommunications facilities to be provided by the cable operator. Prohibits any licensee, owner, or operator of a television station from providing cable telecommunications within a specified grade contour of the station, unless its system carries all the television stations with a contour that overlaps the cable operating area. Prohibits persons who provide telephone exchange service from providing cable telecommunications in the same operating area, unless the FCC grants permission and there is a sufficient showing that such person will provide significant additional diversity and competition in programming and information. Directs the FCC to require conditions that minimize anticompetitive practices and foster the purposes and policies of the cable provisions whenever such persons are permitted to provide cable telecommmunications. Authorizes, notwithstanding such restrictions, persons who provide telephone exchange service in rural areas with low population density to provide cable telecommunications in such areas. Permits States, local governments, or cable franchising authorities to regulate the rates of cable operators only for the provisions of basic service to subscribers. Prohibits such entities from regulating rates if the FCC determines that effective competition already exists. Authorizes petition to the FCC to make such determinations. Authorizes the FCC to ensure that the provision of cable telecommunications will not materially impair the ability of any person to receive broadcast signals which they would otherwise receive. Directs the FCC to establish ceilings for the franchise fees paid by cable system operators. Prohibits any state or local government from preventing a cable operator, who is not a person who also provides telephone exchange service in the same operating area, from offering telecommunications facilities. Permits certain persons to provide telecommunications facilities free from any regulation by any State, local government, or cable franchising authority. Prohibits such entities from regulating resale or shared use of telecommunications facilities offered by a cable operator. Authorizes any person to petition the FCC to obtain access to the telecommunications facilities of a cable operator. Sets forth the findings the FCC must make to grant such petition. States that a cable telecommunications service shall be considered to be subject to effective competition if a reasonably available alternative exists. Provides for the protection of the privacy of a cable subscriber. States that the Federal criminal code provisions dealing with interceptions of wire communications preempt the privacy provisions of this Act if there is any inconsistency between the provisions. 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 disclsosure. 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. Directs the FCC to promote equal employment opportunity by radio stations and cable system operators. 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. Prohibits unauthorized interception or reception of broadband telecommunications. Authorizes temporary or final injunctions to prevent or restrain violations of the provisions covering unauthorized use or publication of communications. Sets forth the method of computing damages for violations of such provisions.

Law· SS. 2420 (97th)enacted

Victim and Witness Protection Act of 1982

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.

Bill· SS. 2353 (97th)open

A bill entitled "The Life Insurance Taxation Act of 1982."

United States · United States Congress · 1 April 1982

Amends the Internal Revenue Code to set forth special temporary rules for the taxation of life insurance companies for 1982 and 1983. Revises provisions relating to policies reinsured under modified coinsurance contracts. Specifies that prescribed policy and other contract liability requirements shall not include interest payable after enactment of this Act by a reinsured to a reinsurer in connection with a coinsurance contract. Revises the method of computing the tax deductions for: (1) dividends to policyholders; (2) certain nonparticipating contracts; and (3) certain accident, health insurance, and group life insurance plans. Revises the method of determining adjusted life insurance reserves. Revises the method of computing the policyholder's shared investment yield, life insurance company taxable income, and net capital gain for companies filing consolidated returns. Specifies that the above method shall not apply to certain contract computation in effect before 1982. States that the determination for taxable years before 1982 as to whether a contract is a coinsurance contract shall be made solely by reference to the terms of the contract.

Bill· SS. 2300 (97th)open

Fair Practices in Automotive Products Act

United States · United States Congress · 30 March 1982

Fair Practices in Automotive Products Act - Title I: Domestic Content Requirements for Motor Vehicles - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 50,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Authorizes the imposition of import restrictions on manufacturers violating such standards. Title II: Unfair Actions Affecting Domestic Parts Manufacturers - Makes it unlawful for any vehicle manufacturer to refuse to determine whether parts produced in the United States by a parts manufacturer satisfy reasonable replacement part standards established by the vehicle manufacturer. Makes violators civilly liable to the United States.

Bill· SJRESS.J.Res. 177 (97th)reported

A joint resolution to express the sense of the Congress that the United States and the Soviet Union should engage in substantial, equitable, and verifiable reductions of their nuclear weapons in a manner which would contribute to peace and stability.

United States · United States Congress · 30 March 1982

Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from amassing nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.

Resolution· SRESS.Res. 353 (97th)referred

A resolution expressing support for preventive health programs.

United States · United States Congress · 30 March 1982

Expresses the sense of the Senate that preventive child and maternal health care programs should be adequately funded to ensure their continued effectiveness.

Resolution· SCONRESS.Con.Res. 76 (97th)open

A concurrent resolution expressing the sense of the Congress with respect to the situation of two Russian families who have sought refuge in the United States Embassy in Moscow because of the suppression of their Pentecostal faith by the Government of the Soviet Union.

United States · United States Congress · 22 March 1982

Expresses the sense of the Congress that the President should: (1) express to the Soviet Union the United States' deep concern about the Soviet Union's depriving the Vashchenko and Chmykhalov families of religious freedom and refusing them permission to emigrate; (2) ensure that such families may reside in the U.S. embassy in Moscow until the Soviet Union authorizes their emigration; and (3) ensure provision of assistance for such families during their residence in the embassy.

Resolution· SCONRESS.Con.Res. 73 (97th)passed

A concurrent resolution to condemn the Iranian persecution of the Bahai community.

United States · United States Congress · 17 March 1982

Condemns the religious persecution by Iran of persons of the Baha'i faith. Holds Iran responsible for upholding the rights of all its citizens. Expresses the hope that the discrimination against and executions of the Baha'is will cease. Urges Iran to end the executions.

Bill· SS. 2204 (97th)open

Fair Insurance Practices Act

United States · United States Congress · 15 March 1982

Fair Insurance Practices Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies.

Resolution· SCONRESS.Con.Res. 69 (97th)referred

A concurrent resolution urging the Soviet Union to allow Ida Nudel to emigrate to Israel and for other purposes.

United States · United States Congress · 15 March 1982

Expresses the sense of the Senate that the President should: (1) continue to express U.S. opposition to the forced exile of Ida Nudel; (2) urge the Soviet Union to provide her with adequate medical care and allow her to emigrate; and (3) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with such countries.

Resolution· SCONRESS.Con.Res. 68 (97th)open

A concurrent resolution regarding membership in the United Nations General Assembly.

United States · United States Congress · 11 March 1982

Declares that if Israel or any other democratic state is denied its rights and privileges in the United Nations' General Assembly the United States will suspend its participation in the General Assembly and will withhold its contribution to the United Nations until the action is reversed.

Bill· SJRESS.J.Res. 163 (97th)reported

A joint resolution on Nuclear Weapons Freeze and Reductions.

United States · United States Congress · 10 March 1982

States that the United States and the Soviet Union should: (1) pursue a complete halt to the nuclear arms race; (2) decide when and how to achieve a mutual and verifiable freeze on the testing, production, and further deployment of nuclear warheads, missiles, and other delivery systems; (3) give special attention to destabilizing weapons; and (4) proceeding from this freeze, pursue major, mutual, and verifiable reductions in nuclear warheads, missiles, and other delivery systems.