United States · United States Congress · 20 December 1982
Tax Funded Advocacy Act of 1982 - Prohibits: (1) the disbursement of Federal funds to any person who engages in advocacy or who is allied with any nonprofit corporation which engages in advocacy; and (2) the use of Federal funds for lobbying or advocacy. Defines "advocacy" as any activity intended to influence public policy formation or to advance particular viewpoints with Congress or any legislative body, administrative office or individual, litigation, or the general public. Conditions eligibility for Federal funds on the certification by recipients that they do not and will not engage in advocacy. Makes it the responsibility of anyone disbursing Federal funds to establish that all applicants do not and will not engage in advocacy. Grants the United States a civil cause of action against persons who spend or receive money in violation of this Act. Entitles the Government to recover three times the amount so spent or received. Sets forth penalties for officers or employees of Federal agencies, Government corporations, or nonprofit corporations who violate this Act. Entitles any interested person to sue any violator of this Act and recover: (1) actual damages, but not less than specified liquidated damages; (2) equitable relief; (3) an order barring a recipient from receiving Federal funds; (4) legal expenses; (5) punitive damages; and (6) in the case of a person suing on behalf of the Government, ten percent of all moneys recovered for the Government. Requires self certification by recipients as to noninvolvement in advocacy prior to any renewal or extension of noninvolvement in advocacy prior to any renewal or extension of funding. Establishes intentional misrepresentation as a felony offense. Prescribes a penalty for failure by a person to comply with an order of the Department of Justice to appear and testify as a witness or to provide information in a proceeding arising under this Act. Directs Federal agencies which disburse funds to require that: (1) recipients certify that they will not engage in advocacy; (2) agency officers establish procedures necessary to guarantee that no recipient is engaged in advocacy; (3) recipients submit compliance reports; and (4) fund applications contain information necessary to insure compliance with this Act. Directs such agencies to conduct audits to insure compliance with this Act. Declares that any violation of this Act shall be the basis for total exclusion of Federal benefits.
United States · United States Congress · 15 December 1982
Expresses the sense of the Senate that the President should exercise his authority to issue an Executive Order disqualifying Japanese-manufactured, numerically-controlled machining centers and punching machines for the investment tax credit until Japan provides persuasive evidence to the President that certain unfair and discriminatory acts and policies restricting U.S. commerce have ceased.
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 · 6 December 1982
Expresses the sense of the Senate that: (1) the Senate condemns and abhors the suppression of civil liberties and human rights by the Polish martial law government; (2) Americans respect the commitment to ideals manifested by the Polish people and Lech Walesa in particular; (3) Americans hope that Polish authorities will take steps to return to the Polish people their rights and liberties; and (4) the President is urged to proclaim December 12, 1982, as a national day of solidarity and prayer for Poland.
United States · United States Congress · 3 December 1982
Reaffirms the commitment of Congress to locating and repatriating Americans unaccounted for in Southeast Asia. Expresses congressional appreciation to the Lao Government for its expressed willingness to help. Supports the President's actions to locate and return missing Americans. Urges the President to respond to the indicated willingness of the Lao Government to cooperate in this effort.
United States · United States Congress · 30 November 1982
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury or death results.
United States · United States Congress · 30 November 1982
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions which require the withholding of tax on interest and dividends. Requires persons paying or receiving interest payments of $10 or more a year to file an information return. Requires statements to be furnished to persons with respect to whom an information return is filed. Requires such statements to be included in the return of a person with respect to whom information is furnished regarding dividends and patronage dividends.
United States · United States Congress · 1 October 1982
Guaranteed Student Loan Assistance Amendments of 1982 - Amends title IV, part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) to require eligible institutions to provide the lender with a statement evidencing a determination of need for a loan and the amount of such need in order for a student to qualify for a portion of an interest payment under the guaranteed student loan program. (Currently, such a statement of need is required only for a student whose family has an adjusted gross income greater than $30,000.) Repeals provisions which provided that an amount of need between $500 and $1,000 would qualify a student for a $1,000 loan under the guaranteed student loan program.
United States · United States Congress · 1 October 1982
Collection of Student Loans in Default Act of 1982 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to assess and collect certain student loans found to be in default by the Secretary of Education. Requires the Secretary to give notice to any individuals found to be in default. Sets forth requirements for the form and contents of such notice. Requires any individual so notified to make required payments in connection with the filing of his tax return. Requires the Secretary to assess and collect any amounts not paid as required after such notice in the same manner, with the same powers, and subject to the same limitations as if such amounts were a tax the collection of which would be jeopardized by delay. Amends title IV of the Higher Education Act of 1965 to require the Secretary of Education to refer to the Secretary a list of all borrowers found to be in default for at least six months on student loans which are made, insured, or guaranteed by the Federal Government.
United States · United States Congress · 1 October 1982
Presidential Advisory Panel for Coordination of Government Debt Collection and Delinquency Prevention Activities - Establishes a Presidential Advisory Panel for Coordination of Government Debt Collection and Delinquency Prevention Activities to: (1) evaluate Federal policies on debt collection and delinquency prevention; (2) develop and recommend new policies and procedures; and (3) establish training manuals to increase the efficiency of employees involved in collection activities. Directs the Panel to submit a final report to the President within 18 months after its first meeting. Terminates the Panel 30 days after submission of such report. Authorizes appropriations.
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 · 23 September 1982
Humane Care and Development of Substitutes for Animals in Research Act - Title I: Development of Improved Research and Testing Methods - Authorizes the Secretary of Health and Human Services to make awards to sponsor research and development of scientific testing methods which eliminate the use of live animals, reduce the number of live animals required, or limit animal pain and distress. Requires that applications and proposals for such awards be assessed through peer review procedures. Requires the Secretary to designate an Advisory Panel to: (1) give advice on his or her responsibilities under this Act; (2) make recommendations on specific opportunities or problems regarding research support of nonanimal testing; and (3) set up a system for insuring that applications or proposals meeting the requirements of ths title receive full consideration for funding by the Department or for funding under this title. Requires the Panel to report to the Secretary three years after enactment of this Act on the impact of this Act on industry costs, research, product prices, and progress in labor accreditation. Makes funds for making awards under this title available through the allocation of research resources within the Department. Provides that the Secretary, consulting with the Environmental Protection Agency and other regulatory and scientific research agencies, shall direct the National Institutes of Health, the Food and Drug Administration, and the National Toxicology Program to: (1) promote new nonanimal testing methods; (2) evaluate existing nonanimal methods; (3) enhance and integrate data systems for more efficient use of test data involving animals; and (4) develop new methodologies for the toxicology data systems. Requires the Secretary to report to the Speaker of the House of Representatives and the President of the Senate on progress under this Act within two years after enactment of this Act and biennially thereafter. Title II: Federal Award Requirements - Requires that a research entity be accredited by a recognized accrediting agency in order to be eligible to receive a Federal award for testing involving a large number of animals. Requires the Secretary to designate accrediting agencies which: (1) are able to ascertain the qualifications of research entities to conduct testing involving animals; (2) have an accreditation system; (3) have a system for routine inspection of laboratory animal facilities at accredited research entities; (4) have established a set of standards for acceptable animal care, treatment, and use in experimental procedures; and (5) have established a mechanism for liaison with the institutional animal studies committees in accredited research entities and for the involvement of such committees in monitoring compliance with the accreditation standards. Requires research entities to comply with accreditation standards ten years after the date of enactment of this Act. Authorizes provisional accreditation in the interim period. Provides for the establishment of a Federal accreditation mechanism if there are no private agencies to carry out such functions. Provides that in order to be eligible for a Federal award for testing involving large numbers of animals, a research entity must provide to the responsible Federal agency a statement of assurances that: (1) the research entity has established an institutional animal studies committee; (2) the committee will meet regularly, make periodic inspections of all animal study areas and facilities of the research entity, review research methods and practices, and file with the responsible Federal agency certification that such inspections and reviews have occurred and reports on deficient animal care or treatment conditions; (3) the committee will maintain complete records of its activities; (4) committee members will be encouraged to notify the Animal and Plant Health Inspection Service of the Department of Agriculture, the responsible Federal agency, and the applicable accrediting agency of any unacceptable animal care conditions with respect to the research entity; and (5) the committee will establish courses for personnel involved with animal care and use on humane animal maintenance and experimentation and on research or testing methods that minimize animal use and animal distress. Requires that Federal support be withheld where animal care conditions are unacceptable despite notification to the research entity. Requires research entities to inform their employees of the provisions under this title and to instruct employees to report violations to the animal studies committee. Authorizes the Secretary to waive accreditation requirements under certain circumstances. Directs the Secretary to facilitate agency compliance with this title through the establishment of an information clearinghouse on animal research methods and models. Title III: Special Procedures - Prohibits Federal agency approval of a research proposal involving animal use, unless such proposal justifies any anticipated animal distress in terms of research benefits and provides for the consulting services of a veterinarian, the proper use of tranquilizers, analgesics, anesthetics, and paralytics, appropriate pre- and postsurgical care, and the limited use of animals in major operations. Makes regulations promulgated under this Act ineffective if disapproved by either House of Congress within 60 days after proposal. Title IV: Exemption - Exempts from the requirements of this Act activities intended to improve animal health, breeding, or management or wild animal conservation and specific experiments or research programs for which such requirements would present national security risks or risks to the safety of manned space flight. Title V: Termination - Terminates all authority conferred by this Act ten years after enactment.
United States · United States Congress · 21 September 1982
Uniformed Services Pay Act of 1982 - Title I: Compensation Matters - Increases the pay of uniformed services by four percent for FY 1983. Extends through FY 1984 the authority for enlistment and reenlistment bonuses. Extends through FY 1984 special pay for aviation career officers extending their period of active duty. Directs the Secretary of the Navy to report to Congress by July 1, 1983 on the payment of such special pay. Permits the payment of travel and transportation allowances for travel from overseas for education purposeds of dependent children of a member of the uniformed services permanently assigned outside the United States. Permits the advance payment of such allowances for escorts and attendants of dependents. Establishes a limit for FY 1983 for the reimbursement for accommodations in place of quarters for members on sea duty. Freezes specified allowances relating to transportation of dependents and household effects at FY 1981 levels. Places restrictions on the allowance for transportation of a motor vehicle from an old to a new duty station. Title II: Retired Pay Matters - Requires retired pay and survivor annuities to be rounded to the next lower dollar. Limits the applicability of the one year look-back provision for adjusting pensions to reflect changes in the Consumer Price Index. Title III: Personnel Management Matters - Increases temporarily the number of general and flag officers on active duty during FY 1984. Transfers Public Health Service and National Oceanic and Atmospheric Administration officers to the uniformed services. Extends the period during which certain accumulated leave may be used. Permits the Secretary concerned to waive the age requirements for original appointment as a commissioned officer. Increases from seven to ten the number of Assistant Secretaries of Defense. Makes one the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence. Title IV: Reserve Matters - Authorizes the Secretary concerned to extend the period of enlistment in the Reserves from six to eight years. Permits the payment of a bonus for enlistment or reenlistment in elements of the Reserve other than the Selected Reserve. Extends entitlement for medical and dental care for members for injuries incurred or aggravated during travel to and from inactive duty training and during certain other periods before and after the performance of such duty. Expands from 90 to 180 days the period of time the Selected Reserve may be ordered to active duty other than during a war or national emergency. Permits the Secretaries of the Army and Air Force to retain in active status on officer in the reserves who is subject to elimination from active because of failure of promotion. Authorizes the recall to active duty of certain retired members of a reserve component of an armed force. Permits certain reserve commissioned officers on active duty to serve, where vacancy permits, in the higher reserve grade to which they are promoted during such active duty tour. Excludes experience and education credits from the computation of years of service of a reserve commissioned officer to determine whether he or she may be transferred to the Retired Reserve or discharged. Title V: Health Care and Related Matters - Increases the amount of pay for a contract surgeon serving full time with a uniformed service. Directs the Secretary of Defense to conduct studies and demonstration projects on the health care delivery system of the uniformed services with a view to improving its quality and cost effectiveness. Requires that alternative progrms for dental care for dependents be studied and suggests that alternative methods of payment for services and cost-sharing by eligible beneficiaries also be included. Directs the Secretary to report to Congress periodically on such studies and projects, the first report being due by March 1, 1983. Directs the Secretary to conduct a feasibility study on the establishment within the Department of a Defense Health Agency. Requires the Secretary to report to the Armed Services Committees within 180 days with recommendations. Directs the Secretary to make an annual report to Congress on malpractice claims made against medical personnel of the military departments. Requires such report to include the current accreditation status of military hospitals and the success of the quality assurance/risk management program of each military department. Title VI: Surviving Spouses' and Children's Benefits - Directs the head of a designated agency to make monthly payments to the surviving spouse of a veteran in the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the head of a designated agency 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 before August 13, 1981, or from a service-connected disability. Directs the Secretary of Health and Human Services to provide the designated agency head with information necessary to carry out this Act. Sets forth provisions determining time and percentage of increases in benefits, including a requirement that all payments be rounded down to the next lower multiple of $1. Directs the Secretary of Defense during FY 1983 to transfer funds from the Retired Pay, Defense account to whomever is chosen to administer this program. Requires such head to establish an account in his agency to receive such payments. Permits such head and the Secretary of Health and Human Services to combine specified payments into a single monthly payment. Title VII: Miscellaneous Matters - States that funds must be specifically authorized by law before they may be appropriated. Permits the Secretary concerned to conduct a safety investigation of any accident involving an aircraft under his jurisdiction. Prohibits the unauthorized release of such report outside the armed force concerned. Amends the Department of Defense Authorization Act, 1981 to prohibit the contracting out of a commercial or industrial function if the Secretary determines that such function must be performed within the Department for national defense needs. Directs the Secretary to include in his notification to Congress an assessment by the military commander responsible for determining whether the function in question is necessary to meet national defense needs. Sets forth cost comparison guidelines. Prohibits reprisals against employees of certain nonappropriated fund instrumentalities for disclosure of information which evidences a violation of the law or regulations or mismanagement or abuse of authority. Title VIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 21 September 1982
Expresses the sense of the Congress that: (1) changes in the public power pricing practices should be the subject of extensive congressional deliberation; and (2) the current administration study of hydroelectric power policies of the Tennessee Valley Authority, other public power authorities, and Federal agencies shall be stopped until Congress has considered the subject.
United States · United States Congress · 17 September 1982
Expresses the sense of the Congress that the President should take action to encourage increasing the processed product share of farm exports, including but not limited to: (1) urging U.S. negotiators to try to include a quantity of value-added processed farm products in grain agreements with the Soviet Union or other nonmarket economy countries; (2) seeking elimination of unfair trade practices by foreign competitors by pursuing international trade negotiations; (3) using the authority of Public Law 480 to encourage inclusion of more processed products under both concessional sales and food aid programs; and (4) using authorities of the Commodity Credit Corporation and the Export- Import Bank to ensure that credit arrangements for farm exports and farm product exports are on terms equal to those offered by other countries.
United States · United States Congress · 16 September 1982
Amends the Arms Export Control Act to authorize the President to sell defense articles to U.S. companies for incorporation into end items that will be sold by such companies to a friendly foreign country or international organization. Requires that the price of such articles shall not be less than their replacement or actual cost. Authorizes the President to sell defense services in support of such sales of defense articles if specified conditions are met. Permits such sales of defense articles and services only if: (1) the end item to which the articles apply is to be procured for the armed forces of a friendly country or international organization; (2) the articles would be supplied to the prime contractor as government-furnished equipment or materials if the end item were being procured for the use of the U.S. armed forces; and (3) the articles and services are available to the prime contractor only from U.S. Government sources or are not available from U.S. commercial sources as necessary to meet the prime contractor's delivery schedule.
United States · United States Congress · 16 September 1982
Expresses the sense of Congress that: (1) national efforts to reduce hunger and malnutrition should continue; (2) a national commitment to vital nutrition programs should continue; and (3) the Federal Government should retain primary responsibility for child nutrition programs.
United States · United States Congress · 10 September 1982
Amends the Natural Gas Policy Act to define the term "abuse" to include not only misrepresentation but: (1) imprudence on the part of the company; and (2) any pipeline company-producer contract which materially prevents the pipeline from responding to changes in customer demand or other market forces. Sets forth contract clauses which if found in a producer-pipeline contract will give rise to a rebuttable presumption that a contract materially prevents a pipeline from responding to changes in customer demand or other market forces.
United States · United States Congress · 19 August 1982
Grants congressional approval of the Comprehensive Master Plan for the Management of the Upper Mississippi River System as a guide for future water policy on such System. Authorizes the Secretary of the Army, acting through the Chief of Engineers, to provide for the engineering, design, and construction, of a second lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri. Authorizes appropriations. Authorizes the Secretary of the Interior to undertake with respect to the Upper Mississippi River System: (1) a habitat rehabilitation and enhancement program; (2) the implementation of a long-term resource monitoring program; (3) the implementation of a computerized inventory and analysis system for data storage and retrieval; and (4) the implementation of a program of recreational projects. Authorizes appropriations. Directs the Secretary of the Interior and the Secretary of the Army, acting through the Chief of Engineers, to: (1) review the Master Plan; (2) assign priorities; and (3) develop and submit to Congress a proposal for further implementation. Declares that such Master Plan has reasonably complied with the provisions of the National Environmental Policy Act of 1969.
United States · United States Congress · 18 August 1982
Urges the Administration to consider the United States' historical sanctuary role as it considers the asylum request of Hu Na, a citizen of the People's Republic of China.
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 · 26 May 1982
Directs the Secretary of the Army, acting through the Chief of Engineers, to carry out a water resources project for the development, operation, and maintenance of a recreation and greenbelt area along the Des Moines River, Iowa. Sets forth the composition of a committee of Federal, State, and local officials which shall advise the Secretary on the project. Conditions the construction and maintenance of structures and plant and husbandry activities upon the ownership by the United States of the land and interests necessary for such purposes. Permits the Secretary to acquire by purchase, donation, exchange, or otherwise such land and interest necessary to carry out such project. Declares the Federal share of such project to be 100 percent of the costs of the project. Authorizes appropriations.
United States · United States Congress · 25 May 1982
Expresses the sense of the Senate that the President and the Congress should take all necessary and appropriate action: (1) to persuade Cuba not to build new high-powered AM broadcast stations that would interfere with AM stations in the United States; or (2) pursue legislation authorizing the construction of radio stations that would interfere with Cuban radio operations until the Cuban stations stop interfering with U.S. stations.
United States · United States Congress · 20 May 1982
Surplus Agricultural Commodities Disposal Act of 1982 - Amends the Agricultural Act of 1949 to direct the Commodity Credit Corporation to contract for the processing of surplus commodities into liquid fuels and agricultural commodity byproducts. Requires the Secretary to report to Congress within 120 days and annually thereafter.
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 · 12 May 1982
Military Justice Act of 1982 - Amends the Uniform Code of Military Justice to require that any person performing the duty of a judge advocate be a member in good standing of the bar of a Federal court or the highest court of a State or territory. Limits to one military judge a general court-martial for specified cases, excluding those in which the death penalty may be adjudged. Expands the punishment a special court-martial may adjudge to include confinement or forfeiture of pay for up to one year. Requires the military judge of a general or special court-martial to determine and announce the sentence. Requires an investigation of any charge or specification before referral to a general court-martial unless the accused waives such investigation. Requires the staff judge advocate to advise the convening authority of a general court-martial that the charge is an offense under the Code and is warranted by the evidence. Requires that this advice accompany the charge if it is referred to trial. Permits defense counsel, in the event of a conviction, to assist the accused in submission of matters to the convening authority who is authorized to take action on the basis of the trial record, and to rebut the recommendation of the staff judge advocate. Permits accused and trial counsel three peremptory challenges (currently, one) to a military judge and members of a general or special court-martial. Requires U.S. marshals to serve process delivered to them to obtain witnesses and other evidence for courts-martial. Requires a court-martial to advise an accused found guilty of his right to appeal and applicable requirements. Requires the preparation of a complete record of proceedings when the sentence approved includes death, discharge, dismissal, or confinement at hard labor for more than one year. Permits a determining and sentencing military judge to suspend execution of all or part of a sentence up to two years. Remits a sentence upon expiration of the stated time, or death or discharge from the service of the accused. Permits a convening authority to set aside a finding of guilty and dismiss the charge. Permits the accused to file a notice of appeal with the convening authority within ten days of receiving notice of the authority's action on the sentence. Permits the convening authority to revoke any action previously taken if warranted by matters identified in the notice of appeal. Permits the convening authority to direct the United States to appeal any order which terminates the proceedings or excludes evidence which is substantial proof. Requires that such appeals be forwarded to the cognizant Court of Military Review. Requires a judge advocate to review all non-appealed cases to determine if corrective action is necessary. Permits an officer exercising general court-martial jurisdiction over the accused to change the sentence or order a rehearing. Applies specified provisions of the Internal Revenue Code relating to retirement and survivor annuities to judges of the Court of Military Appeals. Sets forth other conditions of retirement and retired pay. Requires applications for review in the Office of the Judge Advocate General to be made within a specified time. Prohibits the execution of a sentence which imposes a dishonorable or bad conduct discharge for 40 days or until an appeal, if filed, is affirmed by a Court of Military Review. Makes the manufacture of, traffic in, or use of opiates or controlled substances a crime punishable by court-martial. Sets forth penalties for such violations. Permits the correction of military records in conformance with this Act. Amends the Military Justice Amendments of 1981 to limit the application of certain provisions. Sets forth effective dates for specified provisions of this Act.
United States · United States Congress · 10 May 1982
Urges the Soviet Union to facilitate the emigration of certain named Soviet citizens who are married to citizens of Western countries and who have begun a hunger strike to protest the Soviet refusal to allow them to emigrate. Expresses U.S. support and sympathy for the families of the hunger strikers and for the families of others who have attempted to obtain and been denied exit visas.
United States · United States Congress · 5 May 1982
Food Stamp Reform Act of 1982 - Title I: Definitions - Amends the Food Stamp Act of 1977 to require that related persons (currently parents and children) who live together be treated as a food stamp household, unless one of the individuals is 60 years of age or over or receiving supplemental security income benefits or disability payments under the Social Security Act. Revises the method of adjusting the thrifty food plan for FY 1982 through 1984. Title II: Eligible Households - Revises the income standards of eligibility to require households without an elderly or disabled member to meet a 100 percent poverty net income test and a 130 percent poverty gross income test. Changes the date for adjustments of standard deductions in computing household income for 1983 from July 1 to October 1. Allows State agencies to use a standard utility allowance in computing the excess shelter expense deduction. Includes any savings and retirement accounts and the cash value of pensions as financial resources in determining household eligibility. Establishes categorical eligibility for households in which all members are Aid to Families with Dependent Children (AFDC) recipients. Title III: Eligibility Disqualifications - Declares that during a period of a person's ineligibility the financial resources of that person shall be included as income for that person's household. Authorizes the Secretary to permit State agencies to establish periodic reporting requirements similar to such requirements under the AFDC program of the Social Security Act. Grants State agencies the option of requiring job search information at the time of an individual's application for food stamps. Increases from 60 days to 90 days the period of ineligibility for the head of a household who voluntarily quits employment. Requires that a second parent in a household register for work when the youngest child reaches the age of twelve. Title IV: Value of Allotment - Prohibits State agencies from issuing an allotment for the initial month or period if such allotment is less than a specified amount. Prohibits a household from receiving increased allotments as a result of being penalized for noncompliance with other public assistance programs. Title V: Administration - Directs State agencies to provide expedited coupon issuance to destitute migrant or seasonal farmworker households and to other households based on gross income and financial resources. Authorizes a State agency to immediately reduce or terminate benefits in any household for which the agency has received written information from such household which requires a reduction or termination. Authorizes the Secretary to require State agencies to conduct verification measures to assure that individuals are not receiving duplicative benefits under the food stamp program. Authorizes the Secretary to require State agencies to implement new or modified procedures to improve program integrity and be cost-effective. Title VI: Collection and Disposition of Claims - Grants households determined ineligible because of fraud and misrepresentation 30 days in which to select a repayment plan before such household is subject to an allotment reduction. Sets forth procedures for a State agency to intercept unemployment benefits of food stamp recipients who have received overpayments and such overpayments are uncollected. Title VII: Administrative Cost-Sharing and Quality Controls - Permits States to retain 50 percent of overissuances which are recovered. Directs the Secretary to institute an error rate reduction program under which a State agency's federally funded share of administrative costs may be lowered if such agency's payment errors exceed certain percentages. Title VIII: Authorization for Appropriations - Extends authorization for the food stamp program through FY 1985. Authorizes appropriations for the Puerto Rico block grant for FY 1983 through 1985. Title IX: Miscellaneous - Requires the rounding down to the nearest whole dollar in calculations for the thrifty food plan, household allotments, and household income deductions. Title X: Effective Dates - Makes this Act effective upon enactment.
United States · United States Congress · 4 May 1982
Section 6166 Technical Revision Act of 1982 - Amends the Internal Revenue Code to revise requirements for the extension of time for payment of estate tax for interests in certain closely held corporations. Includes as a qualifying interest a partnership in which the decedent owns 20 percent or more of the profits interest. Increases from 15 to 35 the number of partners allowed in a qualifying closely held business. Eliminates the distinction between voting and nonvoting stock for purposes of determining a decedent's interest in a qualifying closely held business. Includes as a qualifying interest: (1) certain nonoperating interests in minerals; (2) certain interests in notes or other debt instruments issued by a corporation and held by a decedent who had some equity interest in the corporation; and (3) certain interests in assets leased to or used by a corporation or partnership. Revises attribution rules for purposes of determining numerical shareholder limitations and percentage ownership limitations on qualifying closely held businesses. Includes in the decedent's gross estate certain items for which the marital deduction was previously allowed. Excludes certain contributions made by a decedent to a closely held business or a partnership from the valuation of an interest in a closely held business if the contribution is not used in carrying on the trade or business. Permits the aggregation of interests in two or more closely held businesses if each interest equals or exceeds five percent of the adjusted gross estate. Eliminates the acceleration of estate tax payments in the case of disposals or withdrawals of the estate's interest in the business if the proceeds are used to pay certain Federal or State death taxes and funeral and administration expenses. Sets forth special rules for the treatment of reorganizations as dispositions, withdrawals, or exchanges of a decedent's interest in a closely held business. Provides that subsequent transfers of property by reason of the death of a person who acquired the property through the decedent's estate will not accelerate payment of the tax (thereby repealing the family member limitation). Sets forth special rules in the case of buy outs and redemptions of a decedent's interest in a closely held corporation or partnership. Permits an estate to sell its stock or partnership interest to the company or to an existing owner or employee in exchange for a note without the acceleration of estate taxes. Disallows such tax deferral in the case of a limited exchange or payment of principal on such a note. Provides that a disposition of an interest in a closely held business will not result in acceleration in the case of like-kind exchanges or involuntary conversions to the extent that no gain is recognized. Prescribes penalties for the failure to make installment payments of deferred taxes within six months of the due date. Applies the four percent rate of interest on estate tax payments extended under the alternate extension of time provisions to the entire amount of the tax to be paid. Revises requirements for the deduction as an administration expense of interest on installment payments of estate taxes. Suspends the period of limitations on the making of certain assessments due to adjustments in the taxable estate in the case of extensions of time for payment of the estate taxes. Authorizes the Tax Court to issue declaratory judgments with respect to controversies involving the extension of time for payment of the estate tax. Prescribes penalties for frivolous or groundless proceedings or proceedings merely for delay. Sets forth penalties for negligence or intentional disregard of rules and regulations resulting in an underpayment of estate tax. Revises requirements for assessment or collection of deficiencies in estate tax in the case of appeals.
United States · United States Congress · 22 April 1982
Omnibus Victims Protection Act of 1982 - Title I: Victims Impact Statement - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Title II: Protection of Victims and Witnesses from Intimidation - Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit these offenses. Grants general authority to the Attorney General to relocate or protect Government witnesses. Authorizes the Attorney General to initiate civil proceedings to restrain tampering with a witness or victim. Title III: Restitution - Authorizes a sentencing court to order the defendant to make restitution for any offense. Requires the court to state for the record the reasons for not ordering restitution. Directs the Attorney General to recommend to Congress laws necessary to compensate victims of crimes where restitution is not possible. Title IV: Federal Accountability for Escape or Release of a Federal Prisoner - Grants exclusive jurisdiction to the Federal courts over civil claims against the the United States for damages caused by dangerous offenders who are released or escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Title V: Federal Guidelines for Fair Treatment of Crime Victims and Witnesses in the Criminal Justice System - Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims and witnesses. Requires the Attorney General to consider certain objectives in preparing the guidelines, including: (1) ensuring that victims receive prompt social and medical services; (2) giving victims and witnesses notice of important criminal justice proceedings and scheduling changes; (3) arranging for the prosecution to obtain the nonbinding views of victims of serious crimes during such stages as plea bargaining and pretrial release; (4) encouraging employers to continue to pay victims and witnesses for work absences to assist investigations and prosecutions; and (5) training law enforcement personnel in victim assistance. Title VI: Profit by a Criminal from Sale of his Story - Directs the Attorney General to recommend to Congress any laws that are necessary to ensure that no Federal felon derives any profit from the sale of his or her story until any victim of the offense receives restitution.
United States · United States Congress · 15 April 1982
Amends the Department of Agriculture Organic Act of 1944 to make the appointments (by the President) of the Chief Forester of the Forest Service and the Administrator of the Soil Conservation Service subject to the advice and consent of the Senate. Requires such persons to be knowledgeable in their respective areas.
United States · United States Congress · 15 April 1982
Expresses the sense of the Senate that the President should notify the Common Market's Council of Ministers that: (1) renegotiation of the Common Market's tariff on corn gluten feed is not in the best interests of the United States; and (2) the imposition of any trade restriction on corn gluten feed would seriously impede U.S. relations with the Common Market. Urges the President to take all other appropriate steps to protect U.S. exports of corn gluten feed.
United States · United States Congress · 13 April 1982
Prohibits the Government from imposing export restrictions on agricultural commodities which interfere with valid export contracts if: (1) the contracts were entered into before the imposition of such restrictions; and (2) the contracts provide for the delivery of such commodities for export within 180 days of the date the restrictions are imposed.
United States · United States Congress · 1 April 1982
Establishes U.S. policy concerning commercial food exports. Declares that there should be no interruptions in exports unless there is a general embargo in circumstances that justify the united support of the free world.
United States · United States Congress · 31 March 1982
Amends the General Education Provisions Act to require any educational agency receiving Federal funds to allow parental review of text books. Sets forth provisions governing civil actions for damages or equitable relief brought by persons aggrieved by a violation of such requirement.
![Official portrait of Sen. Jepsen, Roger W. [R-IA]](https://www.congress.gov/img/member/j000101_200.jpg)