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United States · Official source
1,277 records where Sen. Trible, Paul S., Jr. [R-VA] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 3 February 1983
Amends the River and Harbor Act of 1962 to authorize the Secretary of the Army, through the Chief of Engineers, to pay the city of Virginia Beach, Virginia, for certain remedial work the city did as a result of the navigation project for Lynnhaven Inlet, Bay, and connecting waters, Virginia.
United States · United States Congress · 3 February 1983
Office of Strategic Trade Act of 1983 - Declares the policy of the United States with respect to export controls on strategic goods and technology. Establishes an Office of Strategic Trade as an independent executive agency which shall be headed by a Director of Strategic Trade whom the President shall appoint with the advice and consent of the Senate. Requires the Director to act as chairman of the Interagency Advisory Committee for Export Policy. Establishes within the Office of the Director of the Office of Strategic Trade an Exporter Services Facility to act as liaison with the business community. Sets forth as the principal divisions of the Office of Strategic Trade the: (1) Operations Division; (2) Compliance Division; (3) CoCom Division, which shall carry out functions relating to the Coordinating Committee for Multilateral Export Controls (CoCom); (4) Licensing Division; and (5) General Counsel's office. Authorizes the Director to require any of the following types of export licenses: (1) a validated license, authorizing a specified export issued pursuant to application; (2) a qualified general license, authorizing multiple exports issued pursuant to application; (3) a general license, authorizing exports without application; and (4) such other licenses as may assist in the implementation of this Act. Requires the Director to establish a commodity control list of any goods or technology subject to export controls under this Act. Prohibits the imposition of export controls on goods or technology for foreign policy or national security reasons if the President determines that adequate evidence has been presented to show that: (1) comparable goods or technology are available from foreign sources without restriction in significant quantities; and (2) the absence of such controls would not be detrimental to the foreign policy or national security of the United States. Declares that no authority or permission to export may be required under this Act except to carry out the policies set forth in this Act. Authorizes the President to delegate the authority conferred on the President by this Act. Requires the Director to keep the public informed of changes in export control policy and procedures instituted in conformity with this Act. Authorizes the President, in order to carry out the national security export control policy, to impose export controls on any goods or technology subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction. Grants the Secretary of Defense the right to review any export application subject to national security controls. Requires the Director to publish in the Federal Register a notice of any revision with respect to any goods or technology, or with respect to the countries or destinations affected by national security export controls. Requires the Director to notify an applicant whenever the Director denies an export license for national security reasons. Requires the Director, in issuing regulations to carry out national security controls, to emphasize: (1) safeguards to prevent a country that poses a threat to U.S. security from diverting covered goods and technologies to military use; and (2) the need to prevent the reexport of such goods and technologies to countries that pose a threat to U.S. security. Declares that U.S. policy toward individual countries shall not be determined solely on the basis of a country's communist or noncommunist status. Sets forth other factors to be considered. Directs the President to review controls maintained cooperatively with other nations at least once every three years. Directs the President to review other controls annually. Requires the Director to establish and maintain a national security control list as a part of the commodity control list. Directs the Secretary of Defense and appropriate Federal agencies to identify goods and technology for inclusion on the national security control list. Requires the Director to issue regulations providing for review and revision of the national security control list. Makes the Secretary primarily responsible for including in the national security control list certain militarily critical technologies. Establishes a National Security Control Agency within the Office of the Under Secretary of Defense for Policy to assist in carrying out the national security export control policy responsibilities of the Secretary. Requires the Secretary to report annually to Congress on actions taken with respect to national security export controls. Expresses the intent of Congress to encourage the use of a qualified general license instead of a validated license. Authorizes the Director to require a qualified general license instead of a validated license for the export of goods or technology which are subject to national security controls except where: (1) the export of such goods or technology is restricted pursuant to a multilateral agreement which requires the approval of the parties to the agreement; or (2) the United States is seeking the agreement of other suppliers to apply comparable controls and a validated license is necessary in the Director's judgement until such agreement is reached. Requires the Director, in consultation with the Secretary and other appropriate agencies, to review the foreign availability to countries to which exports are controlled for national security purposes of any goods or technology the export of which requires a validated license. Prohibits the Director from requiring a validated license if the Director determines that sufficiently comparable goods or technology are available from foreign sources so that the requirement of a validated license does not achieve its intended purpose, unless the absence of export controls would prove detrimental to the national security. Requires the Director to approve any application for a validated license for the export of goods or technology to a country which meets the application requirements if the Director determines sufficiently comparable goods or technology are available from foreign sources. Requires a finding of foreign availability to be based on reliable evidence (uncorroborated representations by license applicants are not sufficient). Declares that a technology or good subject to national security export controls which is not possessed by a nation or combination of nations threatening to national security may not be deemed to be available from foreign sources until the Secretary of State verifies that negotiations with the foreign sources have been undertaken. Directs the President to negotiate with governments of countries possessing such technologies or goods to prevent them from becoming available to hostile countries. Requires the Director to establish within the Office a capability to monitor the foreign availability of goods or technology subject to export controls under this Act. Requires the National Security Control Agency and other Federal agencies responsible for export controls to share information concerning foreign availability of such goods and technology if specified conditions are met. Requires the Director to appoint technical advisory committees to advise and assist the Director, the Secretary, and other Federal agencies in carrying out the national security export control policy. Requires the Director to remove the requirement of a validated export license with respect to any goods or technology which a technical advisory committee certifies as being sufficiently available from foreign sources so that the requirement of a validated license does not achieve its purpose, unless the absence of export controls would prove detrimental to the national security. Directs the President to enter into negotiations with the governments participating in the group known as the Coordinating Committee to reach agreements: (1) to publish a list of items controlled for export by agreement of the Committee; (2) to hold periodic meetings to discuss export control policy issues; and (3) on more effective enforcement procedures. Requires U.S. nongovernmental entities, except certain schools, which enter into a commercial agreement with the government of a foreign country to which exports are restricted for national security purposes to report the agreement to the Director. Directs the Secretary of State to negotiate with other countries regarding their cooperation in restricting the export of goods and technology. Requires the Director to deny all further exports to any party or parties responsible for the diversion of U.S. exports to unauthorized uses, regardless of whether such goods or technology are available from sources outside the United States. Authorizes the Director to take other appropriate steps to deter further unauthorized use of the previously exported goods or technology. Requires the Director to take such action when there is reliable evidence that goods or technology which were exported subject to national security controls have been diverted to an unauthorized use or consignee in violation of an export license. Authorizes the President to impose export controls on any goods, technology, or other information subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction to the extent necessary to further U.S. foreign policy or to fulfill U.S. international obligations. Terminates such controls after one year, unless extended by the President. Requires the Director to notify an applicant whenever the Director denies an export license for foreign policy reasons. Authorizes the Secretary of State to review any export license application for foreign policy reasons. Sets forth factors the President shall consider when imposing, expanding, or extending export controls for foreign policy reasons. Requires the Director to consult with affected U.S. industries before imposing foreign policy export controls. Requires the President to determine that reasonable efforts have been made to achieve the purposes of the controls through alternative means before resorting to export controls. Directs the President to consult with Congress before imposing any foreign policy export controls. Requires the President to notify Congress whenever the President imposes, expands, or extends foreign policy export controls. Declares that this Act does not authorize export controls on medicine or medical supplies. Prohibits the imposition of export controls, on food if they would cause measurable malnutrition, unless the President determines that: (1) those controls are necessary to protect national security interests; or (2) arrangements are insufficient to ensure that food will reach those in need. Requires Congress to be notified of findings concerning proposed export controls on food. Expresses the intent of Congress that the President not impose export controls on goods or technology if the effect of such exports would be to help meet basic human needs. Requires the President to try to conclude negotiations with appropriate foreign governments to secure the cooperation of such governments in controlling exports to countries to which U.S. foreign policy export controls apply. Declares that certain provisions of this Act shall not apply if foreign policy export controls are imposed to meet international obligations. Requires the Director and Secretary of State to notify the appropriate congressional committees before approving export licenses for goods or technology valued at more than $7,000,000 to countries which: (1) have repeatedly supported international terrorism; and (2) would benefit militarily or would have an enhanced ability to support international terrorism. Authorizes the Director to approve exports of crime control and detection instruments only pursuant to a validated export control license. Exempts certain countries from such requirements. Requires the Director to establish and maintain a foreign policy export control list as part of the commodity control list. Requires the list to be reviewed once every three years with respect to controls maintained cooperatively with other countries and annually with respect to other controls. Authorizes the President to impose export controls on goods subject to U.S. jurisdiction or exported by persons subject to U.S. jurisdiction where necessary to protect the domestic economy from short supplies. Requires export licenses for goods in short supply to be allocated on the basis of factors other than prior history of exportation. Requires the Director to publish notice in the Federal Register of short supply export controls and to elicit comments on the impact of such restrictions and the method of licensing used to implement them. Authorizes the imposition of export license fees. Directs the Secretary of Commerce to monitor exports and export contracts of goods when the volume of exports in relation to domestic supply contributes or may contribute to an increase in domestic prices or a domestic shortage and such price increase or shortage has or may have a serious adverse effect on the economy. Requires the results of the monitoring to be reported on a regular basis. Requires the Director to consult with the Secretary of Energy on whether monitoring or export controls are warranted with respect to energy-related materials. Authorizes any entity representative of an industry or a substantial segment of an industry which processes recyclable metallic materials with respect to which short supplies may have a significant adverse effect on the national economy to petition the Director to monitor the exports and/or impose export controls on such materials. Sets forth the procedure for making such petition. Requires the Director, in consultation with the Secretary of Commerce, to decide whether to impose monitoring or controls on such materials within 45 days of the end of the public hearings on such petition. Authorizes the Director to determine that a petition filed with respect to the same materials within six months after consideration of a prior petition does not merit complete consideration. Authorizes the Director to impose temporary monitoring or controls on such materials pending the final decision on whether to impose such monitoring or controls. Prohibits, with specified exceptions, exports of domestically produced crude oil transported by pipeline over the right-of-way granted pursuant to the Trans-Alaska Pipeline Authorization Act, unless the President: (1) makes specified findings with respect to such exports, including that the exports protect the national interest; and (2) reports such findings to Congress and Congress adopts a concurrent resolution approving such exports. Authorizes the President to export oil to any country pursuant to a bilateral international oil supply agreement entered into before June 25, 1979, or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. Prohibits the export of refined petroleum products except pursuant to an export license. Requires the Director to notify Congress within five days of receiving an application for an export license for a refined petroleum product or residual fuel oil. Prohibits granting such a license earlier than 30 days after notifying Congress, unless the President certifies to Congress that the proposed export is vital to the national interest. Exempts from such prohibition certain exports to historical trading partners and exports of small amounts of refined petroleum products. Excludes from such export controls certain petroleum products refined from foreign crude oil in U.S. Foreign Trade Zones or in Guam unless the Director finds that such products are in short supply. Prohibits use of the authority to impose short supply export controls with respect to agricultural commodities without the approval of the Secretary of Agriculture. Prohibits the Secretary of Agriculture from approving such export controls if the supply of the commodity exceeds the requirements of the domestic economy except to the extent that the President determines that such exercise of authority is required to carry out national security policies or foreign policies. Authorizes, upon the approval of the Director in consultation with the Secretary of Agriculture, the storage in the United States of agricultural commodities purchased by or for use in a foreign country. Provides that such commodities shall be free from any export controls that may be imposed to carry out short supply export controls. Prohibits the Director from granting such approval unless specified conditions are met. Requires the President to report to Congress on any export controls imposed on agricultural commodities for foreign policy or short supply reasons. Terminates such controls if the Congress adopts, within 30 days, a concurrent resolution disapproving them. Authorizes the Director to exempt barter agreements from any export quotas imposed to carry out the policy on short supplies, if the Director makes certain findings. Requires a validated license for the export of unprocessed western red cedar logs harvested from State or Federal lands. Requires the Director to impose export quotas on unprocessed western red cedar logs during the three years beginning on the effective date of the Export Administration Act of 1979. Prohibits any exports of such logs at the end of the three year period. Requires the Director to allocate export licenses for such logs. Prohibits the export by sea of horses, unless the Director waives the prohibition after determining that the horses are not being exported for slaughter. Directs the President to issue regulations prohibiting any U.S. person from taking or knowingly agreeing to take certain actions with intent to comply with or support a foreign boycott against a country which is friendly to the United States and which is not the object of a U.S. boycott. Lists the actions to be prohibited by such regulations and exceptions to the prohibitions. Requires the regulations issued under the foreign policy export controls provisions to supplement other regulations issued by the President against supporting foreign boycotts. Requires such regulations to require U.S. persons who are asked to comply with a foreign boycott to report that fact, and any other necessary information, to the Director. Provides that these provisions preempt all other laws or regulations pertaining to foreign boycotts. Sets forth the procedures for obtaining hardship relief from export controls. Permits petitions to be filed with the Director by any person who has historically imported goods from the United States or who has historically exported such goods. Requires the Director to notify the petitioner of a grant or denial of such relief within 30 days of receipt of the petition. Sets forth factors to be considered in deciding whether to grant or deny such relief, including the effect of granting such relief upon the basic objectives of the short supply control program. Sets forth the procedures for processing export license applications. Requires all export license applications required under this Act to be submitted to the Director. Expresses the intent of Congress that, to the maximum extent possible, the Director shall make the determinations with respect to such applications without referring to other agencies. Requires such agencies to cooperate with the Director when the Director seeks their assistance. Requires the Director to complete initial screening of an application within ten days. Requires the Director to deny or grant a license within 90 days if there is no need to refer the application to another agency. Requires the Director to refer the application to other agencies, if necessary, within 30 days of submission. Requires the agency to review the application and submit its recommendation within 30 days of receiving it. Authorizes granting the agency an additional 30 days to review the application. Requires the Director to grant or deny a license within 90 days of receiving the recommendation of other agencies. Authorizes the Director to take more than 90 days if the application is of exceptional importance and complexity. Authorizes the Secretary of Defense, notwithstanding any other provisions of the law, to review proposed exports of goods or technology to any country to which exports are controlled for national security purposes. Authorizes the Secretary to recommend to the President that such exports be disapproved if they would militarily benefit such country to the detriment of the security of the United States. Requires the President to report to Congress whenever the President modifies or overrules a recommendation of the Secretary of Defense with respect to the export of goods controlled for national security purposes. Prohibits issuing an export license for an article subject to multilateral controls until after the multilateral review. Requires a license approved by the Director to be issued if the multilateral review is not completed within 60 days, unless the Director determines that the license would prove detrimental to U.S. national security. Requires the Director to notify Congress and the applicant of such determination, the reasons for it, the reasons the multilateral review was not concluded, and the actions planned to secure the conclusion of the multilateral review. Sets forth the procedures to be followed to appeal the denial of a license. Sets forth civil and criminal penalties for violations of this Act. Sets forth the powers of agencies to investigate possible violations of this Act. Provides for protecting the confidentiality of information submitted in compliance with this Act. Requires the Director to try to simplify regulations issued under this Act and the commodity control list. Exempts the functions exercised under this Act from certain provisions relating to administrative procedure and judicial review. Expresses the intent of the Congress that there be public participation in the formation of regulations issued under this Act. Requires the Director to submit an annual report to Congress on the administration of this Act. Sets forth information to be detailed in such report, including a report on the need to impose export controls other than those subject to multilateral controls or more stringent than the multilateral controls. Transfers to the Office of Strategic Trade the functions and authorities of the State Department's Office of East-West Trade with respect to the munitions list and such other functions and authorities as the Director, in consultation with the Director of the Office of Management and Budget, determine to be appropriate. Requires the President to coordinate the authority granted to the President under this Act with the authority provided for the control of arms exports under the Arms Export Control Act. Makes certain civil aircraft equipment which is to be exported to a country other than a controlled country subject to export controls exclusively under this Act. Requires export license applications which are ordinarily referred to the Subgroup on Nuclear Export Coordination or some other interagency group to be governed by the provisions relating to foreign boycotts only to the extent that the foreign boycott provisions are consistent with the procedure published pursuant to the Nuclear Non-Proliferation Act of 1978. Supersedes the Mutual Defense Assistance Control Act on October 1, 1979. Requires authorizing legislation before any appropriation can be made to the Commerce Department for expenses to carry out this Act. Authorizes appropriations to the Defense Department to carry out this Act for FY 1984 through 1987.
United States · United States Congress · 3 February 1983
Acidic Deposition Mitigation and Research Act of 1983 - Amends the Clean Air Act to provide for a program of acidic deposition analysis and mitigation. Directs the Administrator of the Environmental Protection Agency to study and report, within the five-fiscal- year period following the submission of the final comprehensive National Acid Precipitation Assessment plan under the Energy Security Act of 1980, to the Congress and the President on acidic deposition. Sets forth required inclusions and procedures for such report. Authorizes the Administrator to make grants to any State or interstate agency to develop and implement on-site methods of mitigating the harmful effects on ecosystems resulting from high acidity which may be due to acidic deposition. Limits such grants to 75 percent of project costs. Authorizes appropriations to the Administrator for the five fiscal years following the enactment date of this Act for the preparation of such report and the making of such grants.
United States · United States Congress · 3 February 1983
Expresses the sense of the Senate that the President should propose to the Soviet Union immediate adherence by both countries to the principle of a guaranteed strategic build-down of nuclear forces, subject to agreed upon procedures of verification and compliance.
United States · United States Congress · 1 February 1983
Amends the Internal Revenue Code to make permanent the deduction for charitable contributions by taxpayers who do not itemize deductions.
United States · United States Congress · 27 January 1983
Bail Reform Act of 1983 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community, or for deportation or exclusion purposes. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated; or (5) upon motion that a serious risk of flight or obstruction of justice exists. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Directs the Attorney General to promulgate regulations governing custody of persons detained pending trial. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions.
United States · United States Congress · 27 January 1983
Title I: Inclusion of Capital Construction Funds for Shore-Based Fishery Processing Facilities - Amends the Merchant Marine Act, 1936, to extend the capital construction fund tax deferral benefits to shoreside fish-processing facilities. Title II: Definitions - Defines specified related terms. Title III: Technical and Conforming Amendments - Makes technical and conforming amendments to such Act. Title IV: Effective Date - Makes the provisions of this Act effective upon enactment.
United States · United States Congress · 27 January 1983
Amends the Internal Revenue Code to exclude from the gross income of an employee amounts paid by an employer to such employee's spouse or dependents under a qualified educational assistance program. Repeals provisions which prohibited employers from offering other benefits as an alternative to educational assistance. Allows the exclusion of meals, lodging, and travel provided as part of an educational assistance program. Repeals the termination date for the educational assistance exclusion.
United States · United States Congress · 27 January 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions which require the withholding of tax on interest and dividends. Requires taxpayers to file information returns and statements on the interest, dividends, and patronage dividends they receive.
United States · United States Congress · 26 January 1983
Amends the copyright law to exclude from liability for infringement of copyright any individual who records copyrighted works on a video recorder if the recording is made for a private use and is not used in a commercial nature.
United States · United States Congress · 26 January 1983
Amends the International Travel Act of 1961 to authorize appropriations to the U.S. Travel Service for FY 1984 through 1986.
United States · United States Congress · 26 January 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code to permit the continued issuance of mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 26 January 1983
Appalachian Transition Assistance Act of 1983 - Title I: - Appalachian Regional Development Act Amendments - Amends the Appalachian Regional Development Act of 1965 to add as a purpose of such Act the orderly transition from special Federal assistance to increased State, local, and private investment in Appalachian regional development. Authorizes appropriations to the President and the Appalachian Regional Commission through FY 1987. Authorizes appropriations through FY 1990 for the Appalachian development highway system. Increases the Federal share of specified construction costs of such system. Authorizes the Commission to make grants to States and other entities to assist in: (1) the creation or retention of permanent private sector jobs; (2) aiding severely distressed and underdeveloped counties; and (3) providing reasonable access to primary health care for residents of the region. Specifies restrictions on funds authorized by this Act, including limiting the Federal share of any project approved under this Act (except highway systems) to 50 percent of its costs. Extends certain programs under such Act to October 1, 1987. Title II: - Recognition of the Appalachian Foundation - Provides for the congressional recognition of the Appalachian Foundation, provided that such Foundation shall not: (1) claim congressional approval or Federal authorization of its activities; or (2) lose its tax-exempt status. States the purposes of such Foundation.
United States · United States Congress · 26 January 1983
Product Liability Act - Preempts State product liability laws. States that this Act governs any civil action for harm caused by a product which would have been based on: (1) strict or absolute liability in tort; (2) negligence or gross negligence; (3) breach of express or implied warranty and; (4) failure to discharge a duty to warn or instruct. Makes a manufacturer liable if the claimant establishes by a preponderance of the evidence that a product was unreasonably dangerous: (1) in construction or design; (2) because the manufacturer failed to provide adequate warnings of danger; or (3) because the product did not conform to an express warranty. Specifies the requisite findings which must be made for such proof of unreasonable danger to be determined. Subjects a product seller to liability if the claimant proves by a preponderance of the evidence that the claimant's harm was proximately caused by such seller's failure to use reasonable care with respect to the product. Enumerates circumstances under which such a seller is also subject to the liability of a manufacturer. Provides that all claims under this Act shall be governed by the principles of comparative responsibility. Sets forth rules with respect to conduct affecting comparative responsibility, including misuse, alteration or modification of a product. Specifies the manner in which damages are to be apportioned. Requires that damages in any product liability claim be reduced by an amount paid as workers' compensation benefits. Precribes a statute of limitation for recovery. Allows punitive damages to be awarded if the claimant proves by clear and convincing evidence that the harm suffered was the result of the product manufacturer's or sellers's reckless disregard for the safety of product users, consumers, or others who might be harmed by the product. Provides that evidence of corrective measures taken by a product seller after a harm has occurred would not be admissible in court to prove liability.
United States · United States Congress · 26 January 1983
Shipping Act of 1983 - Makes this Act applicable to agreements by or among ocean common carriers to: (1) discuss, fix, and regulate rates, accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, net losses, or net profits; (3) allot ports or regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or marine terminal operators or non- vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) consult and confer with shippers and shippers' councils regarding general rate levels, charges, classifications, rules, practices, or services. Makes this Act applicable to agreements among marine terminal operators, and among such operators and ocean common carriers to: (1) discuss, fix, and regulate rates and other conditions of service; (2) pool or apportion earnings, losses, or traffic; and (3) engage in exclusive, preferential, or cooperative working arrangements. Allows shippers to establish shippers' councils to: (1) mutually consult and exchange information or views regarding rates, charges, classifications, rules, practices, or services; (2) agree upon common positions; (3) consult and confer with ocean common carriers or conferences regarding rate levels, charges, classifications, rules, practices, or services; and (4) consolidate cargo and negotiate time/volume and service contracts with ocean common carriers. Requires that a copy of every applicable agreement be filed with the Federal Maritime Commission, except transportation performance agreements within or between foreign countries. Sets forth requirements for contents of conference agreements (including conferences utilizing loyalty contracts), interconference agreements, shippers' council agreements, and assessment agreements. Describes criteria by which the Commission shall suspend, cancel, or modify such agreements. Authorizes ocean common carriers or conferences engaged in foreign commerce to use loyalty contracts according to specified requirements. Exempts certain agreements, contracts, and activities from the antitrust laws. Directs ocean common carriers and conferences to file with the Commission, and keep open to public inspection, tariffs showing all rates between all points on each carrier's routes. Sets forth procedures for rate changes and refunds of rate charges. Authorizes the use of time/volume rates. Authorizes ocean common carriers or conferences to enter into service contracts with individual shippers or with a shippers council. Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards against which such rates shall be disapproved. Provides for Presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier. Exempts specified types of foreign carriers from the provisions of this Act. Requires that ocean freight forwarders be licensed by the Commission. Sets forth circumstances under which ocean freight forwarders may be compensated by common carriers. Sets forth prohibited acts for common carriers, conferences, ocean freight forwarders, and marine terminal operators. Prohibits specified concerted actions. Describes procedures for the investigation and adjudication of complaints alleging a violation of this Act. Sets forth civil penalties for such violations. Declares that orders of the Commission relating to any violation of this Act shall remain in effect for the period of time specified in such order unless suspended, modified, or set aside by the Commission or a court of competent jurisdiction. Authorizes the Commission or the injured party to seek injunctive relief in the appropriate United States district court for the enforcement of Commission orders. Authorizes the Commission to require reports and certificates from persons or entities governed by provisions of this Act. Permits the Commission to exempt any specified activity or class of agreements from provisions of this Act.
United States · United States Congress · 26 January 1983
Sexual Exploitation of Children Act of 1983 - Amends the Federal criminal code dealing with the sexual exploitation of children. Increases the penalties for the sexual exploitation of children from $10,000 to $75,000 and, on a subsequent conviction, from $15,000 to $150,000. Establishes as an affirmative defense to prosecution that the medium (upon which such prosecution is based), when taken as a whole, possesses serious literary, artistic, scientific, social or educational value.
United States · United States Congress · 26 January 1983
Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Adopts the current notice provisions for a defense of insanity for the new plea of guilty but insane. Provides for determination of a defendant's mental competency to stand trial. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release, who are found to suffer from mental disease or defect.
United States · United States Congress · 26 January 1983
Extends through FY 1986 the revenue sharing program for local governments.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 16 December 1982
Amends the Internal Revenue Code to provide that interest on certain real estate mortgages made by savings and loan institutions will be exempt from Federal income tax.
United States · United States Congress · 30 September 1982
Designates January 17, 1983, as Public Employees' Appreciation Day.
United States · United States Congress · 24 September 1982
Military Widows and Surviving Children Benefits Restoration Act - 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 or her 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.
United States · United States Congress · 21 September 1982
Designates October 16, 1982, as National Newspaper Carriers Appreciation Day.
United States · United States Congress · 9 September 1982
Requests the President to designate the week beginning on March 13, 1983, as National Surveyors Week.
United States · United States Congress · 19 August 1982
Designates March 21, 1983, as National Agriculture Day.
United States · United States Congress · 12 August 1982
Competitive Shipping and Shipbuilding Act of 1982 - Requires that, by 1983, five percent of all bulk cargoes imported into or exported from the United States by water be carried on U.S.-flag ships. Requires yearly one percent increases until the percentage carried on U.S.-flag ships reaches 20 percent. Directs the Secretary of Transportation to prepare annual estimates of current and projected costs of U.S.-flag bulk ship operation and shipbuilding. Requires anyone engaged in importing or exporting bulk commodities in U.S. foreign commerce whose business volume exceeds $1,000,000 annually to report to the Secretary of Commerce on the percentage of such person's exports and imports carried on U.S.-flag ships. Requires that such importer or exporter use U.S.-flag ships for the percentage of shipping required under this Act or be subject to specified penalties. Sets forth procedures for the investigation and prosecution of violations of this Act.
United States · United States Congress · 22 July 1982
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
United States · United States Congress · 22 July 1982
Amends the Internal Revenue Code to allow individuals to contribute up to ten dollars of any income tax refund to Federal student financial assistance programs. Identifies such programs as any student financial assistance programs established under title IV of the Higher Education Act of 1965.
United States · United States Congress · 15 July 1982
Residential Mortgage Investment Act of 1982 - Permits employee benefit plans, as defined under this Act, to engage in any qualified mortgage transaction involving any qualified residential mortgage loan, provided transactions between all parties are at arm's length. Permits such plans to participate in any mortgage pool, provided such pool conforms to specified requirements with regard to permitted investments. Authorizes the Secretary of the Treasury to prescribe regulations to carry out this Act. Provides that this Act shall supersede any and all contrary provisions of State law, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code. Prohibits the imposition of Federal excise tax on a plan or pool that engages in a transaction described under this Act.
United States · United States Congress · 15 July 1982
Requests the President to designate the first week in October of 1982, 1983, and 1984 as National Port Week.
United States · United States Congress · 15 July 1982
Expresses the support of the Congress for beginning strategic arms reductions talks. Urges the Soviet Union to join with the United States in concluding an equitable and verifiable agreement which freezes strategic nuclear forces at equal and substantially reduced levels. Reaffirms congressional support for the position that the United States should not enter into an arms agreement which provides for force levels inferior to those of the Soviet Union. Declares that the United States should propose practical measures to: (1) reduce the danger of accidental nuclear war; (2) prevent the use of nuclear weapons by third parties, including terrorists; and (3) halt the worldwide proliferation of nuclear weapons. Insists that any arms control agreement must be fully verifiable.
United States · United States Congress · 24 June 1982
Fair Reduction-in-Force Practices Act of 1982 - Prohibits any executive agency, the Government Printing Office, or the Library of Congress from conducting a reduction-in-force unless, and only to the extent that, the agency has not been able to respond to the reason for the proposed reduction-in-force by: (1) instituting general cost-reduction measures or voluntary personnel cost-reduction measures; (2) establishing programs for eliminating inefficient or wasteful agency practices; (3) transferring available funds between programs and activities; (4) limiting hiring or promotions; (5) transferring personnel to positions that become available through attrition; (6) eliminating unessential overtime, holiday, and premium pay; (7) limiting the hours of intermittent employees and reducing the use of temporary employees; (8) reassigning employees to positions funded by trust or revolving accounts; (9) detailing employees; (10) assigning employees to State or local governments; or (11) any combination of such methods. Requires an agency head to notify the exclusive representative representing any employee who would be affected by a proposed reduction-in-force of any determination of a need for a reduction-in-force. Sets forth procedures governing collective bargaining over a reduction-in-force. Directs each agency to: (1) establish a program of consultation with organizations of managerial personnel who are not subject to collective bargaining; (2) inform any such organization of any proposed reduction-in-force that would affect any of its personnel; (3) provide such organization with a reasonable opportunity to present its views and recommendations; (4) consider such views and recommendations; and (5) provide such organization with a written statement explaining any persisting need for a reduction in force after considering and implementing appropriate recommendations. Permits an agency to conduct a reduction-in-force after satisfying the previous requirements of this Act if: (1) it submits reports concerning the proposed reduction-in-force to the Office of Personnel Management (OPM) and the General Accounting Office; and (2) such offices certify on the basis of such reports that the requirements of this Act have been met. Requires the report to the OPM to: (1) describe the actions to be taken, the reasons the reduction-in-force is necessary, all alternatives and proposals considered and implemented, and the anticipated impact of the proposed reduction-in-force on the operations and management of the agency; and (2) provide any views and recommendations submitted by employee or management representatives. Requires that the report to the GAO: (1) indicate the estimated total cost to the Government of the proposed reduction-in-force; and (2) compare the estimated savings, over three years, anticipated through the proposed reduction-in-force with the estimated savings anticipated through the alternatives and proposals considered and implemented. Requires such reports to be submitted to specified congressional committees and made available to certain subcommittees. Permits an agency to issue notice of a proposed reduction-in-force to employees no earlier than ten days after the date both the OPM and the GAO have certified that the requirements of this Act have been met. Entitles an affected employee to at least 30 days advance notice. Requires such notice to specify: (1) the personnel action to be taken and its effective date; (2) the information used in determining the employee's standing in the competition for retention; (3) the place where and time when the employee may inspect records pertaining to his or her case; (4) any exceptions to the general order of release; and (5) the employee's right to appeal to the Merit Systems Protection Board. Directs the OPM to establish a Government-wide retention register for each occupational category. Requires the name of each employee specifically notified of a reduction-in-force to be placed on the register for each occupation for which the employee is qualified. Directs the OPM to prescribe regulations prohibiting an agency from filling a vacant position by a new appointment, transfer, reemployment, reassignment, or promotion unless the OPM determines that there is no qualified individual on the appropriate retention register. Directs the OPM to match each individual on the register with the available position for which the individual is best suited and, if the individual is qualified for more than one position, with the position which would be the least disruptive for the individual (considering the duties, pay, work schedule, and location of the position). Requires the OPM to certify to the appointing authority of an agency the name of each individual matched to a position of such agency. Requires an agency to offer an appointment to such a certified individual unless it objects and shows that: (1) appointment of another person is necessary to prevent substantial disruption to an essential agency function or to increase the percentage of women and minorities in the work force to the percentage as of April 1, 1981; or (2) the agency intends to withdraw the vacancy or to leave the position vacant for reasons acceptable to the OPM. Entitles an individual to remain on appropriate retention registers and to be considered for employment for two years. Requires the individual's name to be removed from such registers if: (1) the individual requests that he or she no longer be considered for employment; (2) the personnel action under the proposed reduction-in-force does not take effect; (3) the individual accepts an offer of an appointment under this Act; or (4) the individual is offered a position within the same commuting area and with the same pay, grade, and work schedule as the position from which the individual was released. Entitles individuals who have been affected by or notified of a reduction-in-force since April 1, 1981, to be placed on retention registers upon application. Requires the OPM to prescribe regulations prohibiting an agency from filling a vacant position by new appointment, transfer, reemployment, reassignment, or promotion, even if there is no qualified individual on the retention registers, if there is available a person who, notwithstanding any minimum qualification requirements for the position: (1) receives specific notice of a proposed reduction-in-force and applies for consideration for vacant positions; (2) meets the educational requirements for the position; and (3) the agency determines can reasonably be expected to satisfactorily perform the duties of such position within 180 days of appointment (with training, if necessary). Prohibits an agency from evaluating the performance of such an employee before 180 days after the employee is appointed; but, afterwards, allows the agency to remove such employee for unacceptable performance. Disqualifies from such assignment program any individual who fails to achieve an acceptable performance rating in two consecutive positions. Permits individuals who have been notified of or affected by a reduction-in-force since April 1, 1981, to be assigned under such program upon application. Directs the OPM to require agencies to transmit, at least monthly, a list of the employees notified of a reduction-in-force and a list of positions the agency plans to fill during the next six months. Requires the OPM to make a list of all such positions available to such employees for inspection. Requires the OPM to submit a biannual report to the President and to specified congressional committees on the implementation of the provisions of this Act. Specifies contents of such report. Extends (from one to two years) the period in which a member of the Senior Executive Service (SES), removed because of a reduction-in-force, must apply in order to be reinstated to a vacant SES position. Declares that such a member shall be qualified for such a vacant position if the agency head determines that such member can reasonably be expected to receive a performance rating at any of the fully successful levels for an appraisal period of between 180 and 365 days. Permits early retirement eligibility for employees who are separated from service voluntarily only if such separations are necessary to prevent involuntary separations, grade reductions, furloughs, or reassignments that would otherwise result because of a reorganization, reduction-in-force, or transfer of functions. Entitles an individual who has completed five years of civilian service and who, because of a reduction-in-force, is separated from service or transferred to a position which is not under the civil service retirement system to: (1) restoration of full civil service annuity rights upon depositing the full amount of any lump sum credit the individual received after being separated or transferred; or (2) partial restoration of annuity rights for partial or no deposit of such lump sum credit. Permits the survivor of such an individual to make such deposit for purposes of obtaining a survivor annuity.
United States · United States Congress · 23 June 1982
Requests the President to designate the week of August 1 through August 7, 1982, as National Purple Heart Week.
United States · United States Congress · 23 June 1982
Designates the week commencing the fourth Monday in June 1982 as National NCO/Petty Officer Week.
United States · United States Congress · 22 June 1982
Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct a project for flood control for the James River Basin at Richmond, Virginia.
United States · United States Congress · 17 June 1982
Expresses the sense of Congress that the Government should maintain its commitment to the research and development of magnetic fusion energy.
United States · United States Congress · 16 June 1982
Amends the Impoundment Control Act of 1974 to redefine the term 'rescission resolution' to mean a concurrent resolution (not, as currently, a bill or resolution which actually rescinds funds) which only expresses the disapproval of the Congress of a proposed rescission of budget authority set forth in a special message transmitted by the President. Provides that any amount of budget authority proposed to be rescinded or reserved shall be made available for obligation if, within the prescribed 45- day period, Congress passes a rescission resolution disapproving such proposed rescission or reservation (currently, permits obligation of the funds in question unless Congress, within the 45 day period, completes action on a bill rescinding or reserving such funds).
United States · United States Congress · 2 June 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 enactment of 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 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 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 their 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.
United States · United States Congress · 2 June 1982
Military Widows and Surviving Children Social Security Benefits Restoration Act - Requires the Secretary of Health and Human Services to make monthly payments to persons who: (1) would have been entitled to child's insurance benefits on the basis of student status under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act as in effect before the amendments made by the Omnibus Budget Reconciliation Act of 1981; and (2) are children of individuals who were members or former members of the Armed Forces before August 13, 1981, and who die while in active military service within a specified time period or who die from a service-connected disability incurred within a specified time period. Provides that such monthly payments shall be equal to the monthly child's insurance benefit to which such persons would have been entitled under title II of the Social Security Act. Requires the Secretary to make monthly payments to persons who: (1) are surviving spouses of individuals who were members or former members of the Armed Forces before August 13, 1981, and who die while in active military service during a specified time period or who die from a service-connected disability within a specified time period; and (2) are not entitled to mother's insurance benefits under title II of the Social Security Act because they are caring for such veterans' children who are between the ages of 16 and 18 and are entitled to child's insurance benefits. Provides that such monthly payments shall be equal to the monthly mother's insurance benefit which such persons would receive under title II of the Social Security Act if the children in their care were under 16 years old. Provides that payments under this Act shall be paid from the Federal Old-Age and Survivors Insurance Trust Fund.
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 who 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 who 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 that 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, the second ranking official in each executive department, the Director or Deputy Director of Central Intelligence, a U.S. Supreme Court justice or nominee, or a 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 guilty 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 or her official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in, 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
Handicapped Infants Protection Act of 1982 - Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect to conduct a study of child abuse or neglect in federally assisted or operated health care facilities. Directs the Secretary of Health and Human Services to: (1) report the results of this study to the Congress within three months; and (2) give priority to information about adoption and foster care of handicapped infants. Prohibits doctors or other health care facility personnel from withholding nutrition or medical treatment from a handicapped infant. Provides a private right of action for violations of this Act. States that any punitive damage awards shall be used for the benefit of the infant involved in the suit, or if deceased, for research and treatment of handicapped infants. Directs the Center to establish and disseminate violations reporting procedures. Provides civil and criminal immunity and job protection for persons reporting such violations. Requires health care facilities to provide parents or guardians of handicapped infants with information about agency assistance for these infants.
United States · United States Congress · 26 May 1982
Permits any public authority having jurisdiction over a port or harbor to impose such tolls or other fees for the use of such port or harbor as may be necessary to finance the costs of any improvements. Grants the consent of Congress to the imposition of such tolls or other user fees.
United States · United States Congress · 25 May 1982
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit prayer in public schools or institutions. States that no person shall be required by the United States or any State to participate in prayer.
United States · United States Congress · 21 May 1982
Amends the Bankruptcy Reform Act of 1978 to permit a bankruptcy court to expedite the procedures for the determination of interests in and the disposition of grain and proceeds of grain held by debtors who own or operate grain storage facilities. Allows the shortening of time periods applicable for such procedures and establishment of a timetable for the completion of certain procedures. Permits such time periods and timetable to be modified by the court for good cause shown. Sets forth the criteria by which such time periods may be shortened and the procedures which may be expedited. Requires notice to any governmental unit with regulatory jurisdiction over the operation or liquidation of the debtor or his business of any request made or order entered into for expedited determinations of interest. Requires the trustee to consult with such governmental unit before taking any action relating to the disposition of grain in the control of the debtor or the estate. Declares that unless such an order is stayed pending appeal, the reversal or modification on appeal of an order establishing an expedited procedure or determining any interest in or approving any disposition of grain or its proceeds does not affect validity. Prohibits the court or the trustee from delaying any other proceeding in the particular case on account of the appeal. Permits the trustee to recover from grain and proceeds of grain the reasonable and necessary costs and expenses attributable to preserving and disposing of grain or its proceeds, but the trustee may not recover any other costs or expenses.
United States · United States Congress · 20 May 1982
Military Construction Codification Act - Codifies provisions concerning military construction and military family housing. Permits the expenditure of funds for planning and administration within the authority to construct or convert any Reserve facility. Permits the advance of public moneys for such purpose. Permits permanent or temporary improvements on lands to which title is not yet approved and on lands which are held temporarily. Increases from $175,000 to $200,000 the ceiling on Reserve facilities requiring notification of the appropriate congressional committees. Reduces the period of notification from 30 to 21 days. Expands the exemption from such requirements to include projects whose location, purpose, scope, and cost remain the same or within prescribed limits as when authorized. Requires annual authorization of appropriations for military construction of Reserve facilities, architectural and engineering services and construction design for all military constuction projects, and advances for the construction of defense access roads. Expands the authority to acquire real property to include authority to make surveys and acquire interests through gift, purchase, or exchange. Limits the amount of increase in cost for land acquisition for unusual, unanticipated variations in cost or reduction in scope of the project. Permits an exemption with the approval of the congressional committees after 21 days notice or upon receipt of approval. Codifies other permanent provisions of law concerning the use and development of energy resources on military lands.
United States · United States Congress · 13 May 1982
Volunteering in Government Act of 1982 - Permits any executive agency to recruit, train, and accept the service of a volunteer, and to enter into an agreement with any nonprofit organization for volunteer service, to carry out any appropriate agency activity. Declares that such volunteers shall be considered to be Federal employees only under provisions concerning tort claims and worker's compensation. Directs agencies to provide such volunteers and nonprofit organizations funds to pay necessary expenses for performing any such activity. Prohibits the dismissal of any agency employee or the impairment of any service contract as a result of an agency utilizing volunteer services. Authorizes agencies to give preference to grant applicants who use volunteer services most extensively when applicable. Authorizes each agency to use one percent of the funds appropriated to it for general administrative and operating expenses each fiscal year to carry out this Act. Directs the Director of the Office of Personnel Management to report to Congress biennially on the volunteer services and savings resulting from implementation of this Act.
United States · United States Congress · 13 May 1982
Requests the President to designate 1983 as Year of the Bible.
United States · United States Congress · 12 May 1982
Amends the Immigration and Nationality Act to prohibit the Attorney General from setting the adverse effect wage rate (for temporary agricultural worker admissions) higher than the highest of the Federal or State minimum or the prevailing local wage.
United States · United States Congress · 11 May 1982
Grants a Federal charter to the National Association of State Directors of Veterans' Affairs, Incorporated.
United States · United States Congress · 11 May 1982
Designates the week commencing the fourth Monday in June 1982 as National NCO/Petty Officer Week.