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United States · Official source
3,243 records where Rep. Gingrich, Newt [R-GA-6] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 2 February 1982
Modifies the flood control project for Tuttle Creek Lake, Kansas, to authorize the Secretary of the Army, through the Chief of Engineers, to assign a portion of the storage space in such project to municipal, agricultural, and industrial water supply.
United States · United States Congress · 2 February 1982
Amends rule VIII of the Rules of the House of Representatives to require a recorded vote on final passage of legislation that adjusts the pay of Members, affects limitations on outside earned income, or provides tax credits or deductions for Members as a separate or distinct class. Excludes adjustments made pursuant to the Legislative Reorganization Act from such requirement. Makes it out of order in the House to consider any bill or resolution subject to such amended rule unless: (1) it is comprised solely of the items affecting the pay or benefits of Members; and (2) it takes effect at the beginning of the subsequent Congress.
United States · United States Congress · 2 February 1982
Expresses the sense of the Congress that the President should demand compliance by the Soviet Union with existing treaties on chemical warfare as a prerequisite for starting the Geneva arms talks.
United States · United States Congress · 2 February 1982
Extends congratulations from the Congress to the Italian Government and its antiterrorist police forces for the successful rescue of Brigadier General James L. Dozier. Extends to General Dozier and his family best wishes for a quick recovery and return to normal life.
United States · United States Congress · 2 February 1982
Expresses the sense of Congress that the President should deny Federal employment and benefits, including employment with Federal grantees and borrowers, to persons who are required to but do not register under the Military Selective Service Act.
United States · United States Congress · 27 January 1982
Designates June 14 as Baltic Freedom Day.
United States · United States Congress · 27 January 1982
Designates July 9, 1982, as National P.O.W.-M.I.A. Recognition Day.
United States · United States Congress · 26 January 1982
Amends the Internal Revenue Code to make permanent the investment tax credit for energy property.
United States · United States Congress · 26 January 1982
Designates January 30, 1982, as A National Day of Solidarity With the Polish People. Expresses the sense of the Congress with respect to the state of martial law in Poland.
United States · United States Congress · 26 January 1982
Expresses the Congress's opposition to religious persecution and bigotry wherever practiced, encouraged, or tolerated by national governments. Expresses the sense of the Congress that U.S. officials should emphasize U.S. opposition to such persecution. States that the appropriate congressional committees should hold hearings to determine U.S. policy toward governments that violate the international law guaranteeing freedom from religious persecution and bigotry.
United States · United States Congress · 25 January 1982
Amends the Federal criminal code to require the United States Parole Commission to make available to a State and local law enforcement agency upon request information regarding parolees under the jurisdiction of the Commission, who have been convicted of Federal crimes involving violence to persons or damage to property, and who reside in such agency's jurisdiction.
United States · United States Congress · 25 January 1982
Amends the Internal Revenue Code to exempt individuals age 65 and older from the declaration of estimated tax requirement. Absolves such individuals from a penalty for underpayment of estimated tax if the amount of such tax is less than $500.
United States · United States Congress · 25 January 1982
Amends the Internal Revenue Code to allow individual taxpayers an income tax credit for up to $750 of the purchase price of a new 1981 or later model passenger automobile purchased during 1982. Limits the credit to automobiles manufactured in the United States if the President determines and certifies to the Congress that such limitation does not violate certain international trade agreements. Allows individual taxpayers an income tax credit for five percent of the purchase price of a new principal residence. Limits the dollar amount of such credit to $5,000. Specifies that only one residence of the taxpayer shall be eligible for the credit. Permits an additional ten percent investment tax credit for the purchase of new farm equipment. Limits such credit to $5,000.
United States · United States Congress · 25 January 1982
Permits the Coast Guard to use funds appropriated in 1982 for acquisition, construction, and improvement for operating expenses.
United States · United States Congress · 25 January 1982
Expresses the sense of the House of Representatives that the President should not impose import fees on crude oil or refined petroleum products.
United States · United States Congress · 15 December 1981
Orphan Drug Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations to exempt from such Act drugs intended solely for drug treatment investigations. Defines "drug treatment investigation" as an investigation of a drug which involves human participants with a rare disease or condition. Establishes in the Department of Health and Human Services an interagency committee known as the Committee on Orphan Drug Development. Makes it the function of such committee to promote the development of drugs for rare diseases or conditions (orphan drugs). Requires the Director of the National Institutes of Health (NIH) to submit to the Committee an annual report on the rare disease and condition research activities of NIH. Requires the Committee to report by June 1 of each year to the appropriate congressional committees on its activities and the results of its evaluations, including the report submitted by NIH. Amends the Internal Revenue Code to allow a tax credit for qualified experimental expenses incurred while researching orphan drugs.
United States · United States Congress · 15 December 1981
Amends the Internal Revenue Code to allow individual taxpayers an income tax credit for 40 percent of their expenditures for qualified aircraft noise insulation. Limits the credit to $4,000 in a taxable year. Defines "qualified aircraft noise insulation expenditures" as any expenditure made after December 31, 1981, for aircraft noise insulation installed in the taxpayer's principal residence, provided its installation was substantially completed before the date of the enactment of this Act. Requires that the residence be located in an area designated by the Secretary of the Treasury to be an area where aircraft noise is a significant annoyance.
United States · United States Congress · 14 December 1981
Products Liability Act of 1982 - Sets forth uniform national standards for products liability cases. Provides that this Act preempts inconsistent Federal and State laws. Permits actions under this Act to be brought in State court or Federal court if the United States is a party or diversity jurisdiction exists. Prohibits recovery for other than commercial loss or damage to the product itself, except as otherwise provided in this Act. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers, including wholesalers, distributors, retailers, lessors, packagers, and repairers. Establishes rules relating to proof in products liability cases with respect to government standards and contract specifications. Prohibits admission of postmanufacturing improvements except for the purpose of impeaching a witness for the product seller who denies the feasibility of such improvements. Provides that all product liability actions shall be governed by the principles of comparative responsibility. Specifies the manner in which damages are to be apportioned. Requires the reduction of any damage award by the amount of workers' compensation benefits which are paid. Makes a product seller who acted with flagrant indifference to consumer safety, where the act was an extreme departure from accepted practice, liable for punitive damages. Establishes a three-year statute of limitations and a ten-year statute of repose.
United States · United States Congress · 14 December 1981
Anti-Terrorism and Foreign Mercenary Act - Amends the Federal criminal code to authorize the President to issue a proclamation naming any foreign government, faction within a foreign country or international terrorist group with respect to which the employment or commercial involvement of U. S. citizens would be detrimental to the national security. Establishes criminal penalties for U. S. citizens who provide assistance to any foreign government, faction, or international terrorist group which is named in a Presidential proclamation.
United States · United States Congress · 11 December 1981
Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 180 days each during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Comptroller General to conduct a study of the hospice reimbursement method. Defines hospice care as including items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis.
United States · United States Congress · 11 December 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of Health and Human Services to establish a program under which States periodically furnish the Secretary with information on the death certificates officially filed with them so that necessary corrections may be made to the beneficiary records maintained under the social security program.
United States · United States Congress · 11 December 1981
Requests the President to designate March 1, 1982, as "National Day of the Seal".
United States · United States Congress · 10 December 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U. S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U. S. citizen or national; (2) a permanent resident of the United States; or (3) a U. S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.
United States · United States Congress · 10 December 1981
Directs the Secretary of Health and Human Services to develop and implement a program to encourage and assist food manufacturers to voluntarily declare the sodium content in their food products on the product labels. Requires the Secretary, in consultation with the Secretary of Agriculture, to report to Congress within fifteen months of enactment of this Act on the results of such program. Requires the Secretary, not later than twelve months thereafter, to report to Congress on the adequacy of such program.
United States · United States Congress · 8 December 1981
Fair Practices in Automotive Products Act - Title I: Domestic Content Requirements for Motor Vehicles - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 50,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Authorizes the imposition of import restrictions on manufacturers violating such standards. Title II: Unfair and Deceptive Practices by Vehicle Manufacturers - Defines as an unfair method of competition and deceptive act or practice under the Federal Trade Commission Act the refusal of any vehicle manufacturer to determine whether parts produced in the United States by a parts manufacturer satisfy reasonable replacement part standards established by the vehicle manufacturer. Grants the Federal Trade Commission rulemaking authority to administer this title.
United States · United States Congress · 8 December 1981
Grants a Federal charter to the National Federation of Music Clubs.
United States · United States Congress · 8 December 1981
Aerospace Force Act - Renames the United States Air Force the United States Aerospace Force. Renames and redesignates the Department and Secretary of the Air Force accordingly. Requires the Force to be trained and equipped for prompt and sustained offensive and defensive operations in air and space, including coordination with ground and naval forces and the preservation of free access to space for U.S. spacecraft. Directs the Secretary of the Aerospace Force to report to Congress on the feasibility of establishing a separate space command.
United States · United States Congress · 8 December 1981
Amends the Depository Institutions Deregulation Act of 1980 to suspend, during the period beginning on the date of the enactment of this Act and ending six months after such date, the authority of the Depository Institutions Deregulation Committee.
United States · United States Congress · 3 December 1981
Authorizes the President, on behalf of the Congress, to present a gold medal to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations to carry out provisions of this Act.
United States · United States Congress · 23 November 1981
Requires nationals of Communist countries to register with the Attorney General before engaging in certain activities involving Members of Congress and congressional employees. Requires the Attorney General to deport persons violating this Act. States that such deportations shall not be subject to judicial review or other related provisions under the Immigration and Nationality Act.
United States · United States Congress · 21 November 1981
Provides that a named individual shall be deemed to have been eligible for the special pension due those who have been awarded the Medal of Honor as of a specified date.
United States · United States Congress · 20 November 1981
Small Business Investment Incentives Act of 1981 - Amends the Small Business Investment Act of 1958 to repeal the $35,000,000 limitation on the amount of debentures issued by a small business investment company eligible for purchase or guarantee by the Small Business Administration. Permits small business investment companies to make loans to their employees for the purchase of company stock. Amends the Internal Revenue Code to allow a non-refundable investment tax credit of 30 percent of the proceeds of a small business participating loan issued by a socially and economically disadvantaged small business and 20 percent of the proceeds of such a loan issued by a non-disadvantaged small business. Limits such credit to $30,000 ($60,000 in the case of a joint return) for such loans issued by a disadvantaged small business and $20,000 ($40,000 in the case of a joint return) for loans issued by a non-disadvantaged small business. Disallows such credit for loans issued by a related party and loans disposed of prematurely. Allows the carryover of any unused portion of such credit to each of the 7 taxable years following the unused credit year. Treats as long-term capital gain amounts actually paid to a taxpayer, with respect to a small business participating loan, which constitute the distribution of a share of the earnings of the issuer. Denies such capital-gain treatment in cases where the taxpayer would not qualify for the tax credit. Treats losses on a small business participating loan as ordinary losses. Allows an interest expense deduction for interest and share-of-earnings payments made on a small business participating loan. Treats as ordinary income the original issue discount interest of a small business participating loan. Defines "small business participating loan" as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears a stated interest rate of not less than 6 percent; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines a "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of all of whose outstanding small business participating loans does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission.
United States · United States Congress · 20 November 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require each State to submit semiannual reports to the Secretary of Health and Human Services on individuals for whom death certificates have been officially filed during the preceding six-month period. Requires that such reports include the individuals' names, social security numbers, dates of birth and death, sex, and death certificate numbers. Directs the Secretary to release such information upon request to surviving relatives of such individuals.
United States · United States Congress · 20 November 1981
Amends the Internal Revenue Code to exclude from gross income up to $2,500 ($5,000 for joint returns) of the interest and dividends from a domestic corporation received by taxpayers aged 62 or over.
United States · United States Congress · 20 November 1981
Requests the President to designate February 22, 1982, as a day of national celebration in honor of the two hundred and fiftieth anniversary of the birth of George Washington.
United States · United States Congress · 19 November 1981
Air Traffic Control Revitalization Act of 1981 - Entitles Federal Aviation Administration (FAA) employees in specified positions directly involved in the operation or maintenance of the air traffic control system or unusually taxing and critical to safety to an operational responsibility pay differential. Exempts such employees from provisions limiting premium pay for Federal employees. Entitles an air traffic controller for the FAA who is not required to be certified in the control of air traffic to receive an occupational currency pay differential upon attaining, and while holding, such certification. Declares that an air traffic controller shall be eligible to receive premium pay for: (1) time spent providing on-the-job training in the control of live air traffic; and (2) one-half hour of each eight-hour day the controller is required to work without a 30-minute meal break. Entitles retired members of a uniformed service and civil service annuitants who are temporarily employed in an air traffic control function during a period requiring special recruitment efforts to continue to receive full retirement pay or annuities, respectively, in addition to the salary of the air traffic control position. Authorizes the FAA to pay an employee undergoing training as an air traffic controller at the employee's basic pay rate for training hours in excess of 40 hours per week. Declares that an individual who is separated from service as an air traffic controller and who receives a refund of civil service retirement deductions withheld during such service shall not be eligible for an annuity based on such service unless he or she redeposits the amount refunded.
United States · United States Congress · 19 November 1981
Two-Way Street Act - Imposes an import parity fee, in addition to other fees already imposed, on automobiles imported into the United States from Japan. Establishes a Parity Fee Commission to determine the size of the parity fee. Permits persons who build cars in the United States to import one car from Japan without paying the parity fee for each car built by such a person in the United States. Sets forth the powers and duties of the Commission. Authorizes appropriations.
United States · United States Congress · 17 November 1981
Amends the Internal Revenue Code to provide that the individual income tax rate reductions enacted by the Economic Recovery Tax Act of 1981 shall be reflected in withholding adjustments six months sooner than scheduled.
United States · United States Congress · 17 November 1981
Amends the Internal Revenue Code to revise requirements for the tax deferral of amounts received under variable annuity contracts. Permits the use of an independent investment manager of such annuities. Allows the like-kind exchange of one annuity contract for another. Provides that the tax treatment of any payment made by a contract holder on or before September 25, 1981, shall be determined without regard to Revenue Ruling 81-225 (disallowing tax deferral of amounts received under certain variable annuity contracts).
United States · United States Congress · 17 November 1981
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should immediately study and report to Congress on ways to correct the benefit disparity caused by the 1977 changes in the social security retirement benefit formula.
United States · United States Congress · 12 November 1981
Expresses the sense of the House of Representatives that the current level of entitlements under the revenue sharing program shall not be reduced.
United States · United States Congress · 10 November 1981
National Petroleum Supply Evaluation Act of 1981 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy, in consultation with others, to investigate the impacts of acquisitions of domestic petroleum companies by major international concerns and to report to Congress concerning such investigation by May 1, 1982. Requires the investigation to evaluate the effect of such acquisition on the exploration, development, production, refining, transportation, distribution, and marketing of domestic petroleum supplies. Prohibits any major international energy concern from acquiring more than five percent of any domestic petroleum company between October 1, 1981, and June 30, 1982.
United States · United States Congress · 10 November 1981
Taxpayer Protection Act - Amends the Internal Revenue Code to subject the Internal Revenue Service (IRS), in the collection of taxes, to provisions of the Fair Debt Collection Practices Act regarding communication and harassment in connection with debt collection. Prohibits the publication of any deficiency which has not been adjudged to be payable by a competent court. Permits individual taxpayers to bring a civil action in a U.S. district court for damages resulting from collection practices prohibited by this Act. Requires a Federal court order before property of a taxpayer may be levied upon for the collection of tax. Specifies that a showing of fraud or malfeasance or a misrepresentation, for purposes of modifying or reconsidering a closing agreement between an individual taxpayer and the Secretary of the Treasury, shall be taken into account only if such a showing or misrepresentation is determined by a competent court. Prohibits the Secretary from consenting to extend for more than one year the period for assessment of the income tax liability of any individual taxpayer. Requires the Secretary to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the IRS may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Makes binding on the Secretary : (1) a tax return prepared for the taxpayer by an officer or employee of the IRS acting in his official capacity to provide such assistance; and (2) written information or advice given to the taxpayer by such an officer or employee acting in his official capacity. Places the burden of proof, in administrative and judicial proceedings involving the IRS and a taxpayer, upon the IRS. Directs that all property of taxpayers, for purposes of the estate and gift tax, be valued at historical cost (original cost to the taxpayer or the basis of the property if it was not purchased). Prohibits the use in IRS personnel evaluations of amounts collected pursuant to audits or investigations. Precludes the Secretary from exercising any enforcement authority over churches or certain other organizations. Prohibits the audit of any group of taxpayers unless the Secretary has first met certain notice requirements or permitted members of the group to file an amended return. Sets forth conditions which must be met by the IRS before any action is taken to interfere with the property rights of a taxpayer. Requires the IRS, before securing the records of, or personal data concerning, any taxpayer, to: (1) notify the taxpayer in writing of the demand, the material sought, and the need for the material; (2) have commenced an action in a competent court against the taxpayer; and (3) have justified its need before the court consistent with the discovery rules of the Federal Rules of Civil Procedure. States that the IRS shall have no authority, in enforcing the tax obligations of any person, which is in conflict with the rights and privileges granted under the Constitution.
United States · United States Congress · 10 November 1981
Requests the President to designate the week of November 7, 1982, through November 13, 1982, as "National Disabled Veterans Week."
United States · United States Congress · 5 November 1981
Expresses the sense of the Congress that no limitation should be placed on the Federal income tax deduction for interest paid on a residential mortgage.
United States · United States Congress · 4 November 1981
Violent Crime Control Act of 1981 - Title I: Mandatory Sentences For Use of Firearms in Felonies - Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Makes the additional penalties inapplicable to offenses consisting solely of possessing, transporting, or selling a firearm. Increases the additional penalty to two years' imprisonment for a first offense (currently, one to ten years) and to five years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Prohibits the granting of parole to any offender. Prohibits the Government attorney from plea bargaining with respect to this offense. Title II: Assassination-Related Killings - Amends the Federal criminal code to extend the current offense of killing designated Federal employees to include any Federal public servant engaged in the performance of, or on account of, his or her duties. Replaces the current crimes of Presidential and Congressional assassination with new offenses covering the assassination, assault, kidnapping, or conspiracy to kill or kidnap "United States officials." Includes Cabinet heads and Federal judges within such definition, in addition to the President, Vice President, and Members of Congress. Makes it a Federal crime to kill any civilian in the course of an assassination of a U.S. official. Authorizes the Attorney General to offer a reward of up to $100,000 for information and services concerning these offenses. Makes it the duty of any Federal agency to assist the Attorney General in the investigation and prosecution of violations. Title III: Bail Reform - Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person of 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. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the number of discretionary release conditions. 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 if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. 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; or (3) a narcotics offense punishable by at least ten years' imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice or any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. 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. 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. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions. Title IV: Insanity Defense Modifications - 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. 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. Title V: Modification of the Exclusionary Rule - Declares that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief. Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance. Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees. Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the action was constitutional. Title VI: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system. Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines. Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. 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. Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Title VII: Habeas Corpus Changes - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners, except upon consent of the parties. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate that the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six circumstances (currently, the State findings are presumed to be correct unless the petitioner establishes the existence of a circumstance). Requires the Federal court to view the State court record in the light most favorable to the prosecution. Title VIII: Corrections Construction and Development - Corrections Construction and Program Development Act of 1981 - Authorizes the Attorney General to make grants to States for up to 75 percent of the cost of projects to: (1) construct, expand, and repair correctional facilities; and (2) improve correctional programs and practices. Authorizes appropriations through fiscal year 1985. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to donate surplus property to States for correctional purposes.
United States · United States Congress · 4 November 1981
Requires the Secretary of the military department concerned to pay from the military pension of a member or former member of a uniformed service to a spouse or former spouse the amount specified in a court's final decree of divorce, dissolution, annulment, or legal separation. Limits the total amount of pension subject to court order to 50 percent. States that court orders for payments to more than one spouse shall be satisfied on a first-come-first-served basis. Empowers the Secretary to determine which court order shall be honored in the event of conflicting orders regarding one spouse. Entitles specified former spouses to coverage under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for 90 days after the decree or longer if such spouse is being treated for a pre-existing medical condition. Entitles members or former members with a former spouse to participate in the Survivor Benefit Plan. Amends the Social Security Act to exclude payments from a military pension made to a former spouse from specified child support and alimony enforcement proceedings.
United States · United States Congress · 4 November 1981
Requests the President to designate 1982 as "Bicentennial Year of the American Bald Eagle" and June 20, 1982, as "National Bald Eagle Day."
United States · United States Congress · 4 November 1981
Requests the President to designate 1982 as the "National Year of Disabled Persons."
United States · United States Congress · 4 November 1981
Requests the President to designate the month of January 1982 as "National Cerebral Palsy Month."