United States · United States Congress · 30 September 1982
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury or the court upon motion by the defendant when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason and espionage. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on an unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Authorizes the death penalty for the crime of attempting to kill the President of the United States if the attempt results in bodily injury to the President or otherwise comes dangerously close to causing his death. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 23 September 1982
Increases the membership of the Advisory Commission on Intergovernmental Relations, from 26 to 29 members-by adding: (1) one elected school board member, appointed by the President; (2) one judge of a U.S. court of appeals or district court, appointed by the Chief Justice; and (3) one Chief Justice or judge of a State court of last resort, appointed by the Chief Justice. Changes the requirement that the President appoint four mayors as members to a requirement that the President appoint: (1) three mayors; and (2) one elected officer of a municipality with a population of less than 10,000.
United States · United States Congress · 18 August 1982
Amends the Federal criminal code to impose mandatory minimum sentences for committing violent felonies against individuals aged 65 or older. Prohibits suspended, probationary, and concurrent sentences. Prohibits parole and any plea bargaining agreements that would result in the defendant's serving less than the minimum sentence.
United States · United States Congress · 10 August 1982
Expresses the sense of the House of Representatives that regulations recently proposed by the Secretary of Education under the Education of the Handicapped Act should not be permitted to take effect.
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 · 23 June 1982
Amends the Federal criminal code to eliminate the insanity defense for the offenses of presidential (President-elect, Vice-President) assassination, kidnapping, and assault.
United States · United States Congress · 22 June 1982
Expresses the sense of Congress that legislation should be proposed and enacted to: (1) establish parity between the compensation of Government Printing Office (GPO) employees and the compensation of other Federal employees performing similar work; (2) fix the wages of GPO employees in accordance with the prevailing wage rate system applicable to executive branch employees; and (3) strengthen the Public Printer's ability to manage without infringing on the oversight responsibilities of the Joint Committee on Printing.
United States · United States Congress · 10 June 1982
New Jobs Act - Amends the Internal Revenue Code to allow employers an income tax credit in an amount equal to 25 percent of the increase in wages paid during 1982 to qualified new employees. Requires that such new employees must be individuals who: (1) are hired by the employer after June 14, 1982, and before October 16, 1982; (2) were not employed on a substantially full-time basis at any time during the 90-day period prior to the date of hiring; and (3) were not employed by the employer at any time prior to hiring.
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 · 27 May 1982
Expresses the sense of the House of Representatives that the United States: (1) should not sell advanced weapons to Jordan; (2) should ensure that Israel retains its qualitative military edge in the Middle East; and (3) should focus its efforts on bringing Jordan into direct peace negotiations with Israel.
United States · United States Congress · 21 May 1982
Amends the Internal Revenue Code to increase the allowable amount of the income tax deduction for eliminating architectural and transportation barriers for the handicapped and aged from $25,000 to $100,000. Makes such tax deduction permanent.
United States · United States Congress · 11 May 1982
Amends the Bankruptcy Code to provide that educational loans which are not dischargeable in bankruptcy liquidation shall not be dischargeable in an adjustment of debts in a bankruptcy of an individual with regular income.
United States · United States Congress · 11 May 1982
Amends the Internal Revenue Code to provide for the collection of defaulted Federal student loans by offset against income tax refunds of those individuals found to be in default on such loans. Defines "Federal student loan" for purposes of this Act. Sets forth special rules with respect to joint returns and fiscal year taxpayers. Requires the Secretary of the Treasury to: (1) notify the Secretary of Education of the amounts collected with respect to any loan to any individual; and (2) transfer such amounts to the Secretary of Education as is necessary to reimburse the entity or fund to which such loan is repayable. Requires that such notification and transfer be made not less often than monthly.
United States · United States Congress · 6 May 1982
Used Car Fair Dealing Act of 1982 - Makes it a deceptive act or practice in violation of the Federal Trade Commission Act for any used vehicle dealer in the course of a sale to: (1) misrepresent the mechanical conditions of the vehicle; (2) fail to disclose any material defect or condition known to the dealer; (3) represent that the vehicle is free from material defects without a reasonable basis for such representation; (4) fail to provide a written copy of the warranty offered in connection with the sale; (5) misrepresent the terms of the warranty; (6) represent that a used vehicle is sold with a warranty when the vehicle is sold without such warranty; or (7) fail to disclose that a vehicle is sold without any warranty. Requires the dealer to prepare and display on such a vehicle a "Used Car Buyers Guide" reciting the specific terms of the warranty if one is given and clearly stating all disclosures. Requires the dealer to provide the consumer with a copy of such window form. Disallows any oral or written statements of the dealer which alter or contradict the disclosures required by this Act. Requires the window form to be in Spanish if the dealer conducts the sale of the used vehicle in Spanish. Requires the dealer to disclose any material defect in, or material condition of, the used vehicle of which the dealer has knowledge as a result of any inspection or test. Grants State exemptions from the requirements of this Act in certain situations.
United States · United States Congress · 6 May 1982
Housing and Automobile Industries Recovery Act of 1982 - Title I: Exemption for the Purchase of Certain Bonds by Employee Pension Benefit Plans - Provides a temporary exemption from certain provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code relating to prohibited transactions for the purchase of certain bonds sold to fund residential mortgages and domestic motor vehicle loans. Title II: Interest Reduction Payments - Provides for interest reduction payments by the Secretary of Housing and Urban Development to assist with the financing of the purchase of certain residences and domestic motor vehicles. Sets forth: (1) requirements and restrictions for eligible loans and mortgages; and (2) guidelines for the allocation of such payments. Authorizes appropriations for FY 1982 through 1988 to carry out this title. Prohibits the Secretary from making any commitments to make interest reduction payments under this title after August 31, 1983.
United States · United States Congress · 5 May 1982
Expresses the sense of Congress that the President should: (1) urge the Soviet Union to allow Ida Nudel to emigrate; and (2) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with other countries.
United States · United States Congress · 28 April 1982
Amends the Omnibus Budget Reconciliation Act of 1981 to extend by five months (until September 30, 1982) the period within which an individual must have become a full-time student at a postsecondary educational institution in order to receive child's insurance benefits after July 1982 on the basis of student status under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Provides that such an individual must have graduated from a secondary school by the end of such period in order to qualify for such benefits.
United States · United States Congress · 27 April 1982
Amends title IV (National Research Institutes) of the Public Health Service Act to establish in the Public Health Service a National Institute of Diabetes, Endocrinology, and Metabolic Diseases. Directs the Secretary of Health and Human Services to; (1) develop and expand diabetes research and training centers; and (2) evaluate such centers annually. Authorizes appropriations for FY 1983 through 1985. Directs the Secretary, with the Director of the Institute, to establish: (1) the Diabetes Data Group; (2) the Diabetes Information Clearinghouse; and (3) a diabetes data system. Authorizes appropriations for FY 1983 through 1985. Directs the Secretary to establish a diabetes and endocrine and metabolic disease coordinating committee to coordinate Federal activities with respect to such diseases. Requires the Committee to report annually to the Secretary. Directs the Secretary to establish a National Diabetes Advisory Board, whose duration shall expire on September 30, 1985. Authorizes appropriations for FY 1983 through 1985.
United States · United States Congress · 22 April 1982
Amends the Federal Water Pollution Control Act to prohibit the disposal of dredged material in Long Island Sound. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to repeal the provisions of such Act controlling the dumping of dredged material in Long Island Sound. Establishes the Long Island Sound Dredged Material Commission to study the impacts of and alternatives to disposal of dredged material in Long Island Sound. Requires the Commission to submit a report of its findings and recommendations to Congress, the Secretary of the Army, and the Administrator of the Environmental Protection Agency not later than one year after the appointment of Commission members. Terminates the Commission on the date of the submission of such report. Authorizes appropriations.
United States · United States Congress · 20 April 1982
Expresses the sense of the House of Representatives that neither the President nor Congress should impose import fees on crude oil or refined petroleum products.
United States · United States Congress · 6 April 1982
Helen Keller National Center Act - Establishes a Helen Keller National Center for Deaf-Blind Youths and Adults to: (1) provide specialized intensive services for deaf-blind persons; (2) train personnel to provide such services; and (3) conduct applied research, development, and demonstrations relating to communication techniques, teaching methods, aids and devices, and delivery of services. Requires an annual audit of the Center. Directs the Secretary of Education to ensure that: (1) Center service and training programs are monitored regularly; and (2) Center operation is evaluated annually, with written reports to the President and the Congress submitted by specified deadlines. Authorizes appropriations for Center operation and maintenance, for use in accordance with guidelines or regulations prescribed by the Secretary. Defines "Helen Keller National Center for Deaf-Blind Youths and Adults" to mean that facility and its affiliated network established pursuant to an agreement approved in 1969 by the Department of Health, Education, and Welfare, and continued pursuant to specified provisions of the Rehabilitation Act of 1973. Repeals such provisions of such Act. Provides that nothing in this Act shall in any way cause to affect or modify any existing or future agreement between any Federal department, agency, or instrumentality and the Industrial Home for the Blind, Inc., or its successors or assignees, with respect to the Helen Keller National Center for Deaf-Blind Youths and Adults.
United States · United States Congress · 6 April 1982
Amends the Federal criminal code to permit the transportation or mailing of materials concerning lotteries conducted by nonprofit organizations in accordance with State law.
United States · United States Congress · 6 April 1982
Amends the Internal Revenue Code to allow an income tax credit for the purchase of a model year 1981 or later highway vehicle which is manufactured in the United States and is purchased by the taxpayer after May 31, 1982, and before June 1, 1983. Limits the amount of such credit to $500 or $750 in the case of a certified high fuel efficiency vehicle.
United States · United States Congress · 1 April 1982
Expresses the sense of the House of Representatives that the United States should acclaim and support the demonstration of the people of El Salvador in favor of democracy.
United States · United States Congress · 31 March 1982
Enterprise Zone Tax Act of 1982 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 25 nominated areas per year. Limits the period during which such designation shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 2,500 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on December 31, 1985. Describes areas to which preference shall be given in deciding to designate enterprise zones. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A - Credits for Employers and Employees - Amends the Internal Revenue Code to allow employers a nonrefundable income tax credit for ten percent of the increase in payroll for all employees, taking into account a maximum of $15,000 in wages per employee. Allows such credit only for wages paid to employees who perform 90 percent of their services in work directly related to the conduct of the taxpayers' business located in the enterprise zone and who perform 50 percent of their services within such zone. Phases out such credit in the last three years of the enterprise zone designation. Allows a nonrefundable income tax credit for employers equal to 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit by ten percent a year beginning in the fourth year after such designation. Requires a recapture of such credit for the early termination of such employees. Disallows a deduction for the portion of wages or salaries subject to such credit. Requires employers to furnish to each employee a written statement showing the amount of wages paid to such employee. Provides an income tax credit for enterprise zone employees equal to five percent of the first $9,000 of wages received each year. Phases out such credit in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Expresses the sense of Congress that if the minimum tax is modified, enterprise zone capital gain will be excluded in computing minimum taxable income. Subtitle D: Extension of Carryover Periods - Extends the net operating loss and investment tax credit carryover period to the longer of 15 years or the duration of the enterprise zone designation for businesses operating in such zones. Subtitle E: Rules Relating to Industrial Development Bonds - Provides that rules relating to small issue tax-exempt industrial development bonds now in effect shall apply to bonds used to finance land or other depreciable property located in an enterprise zone, even if such rules are subsequently changed. Subtitle F: Sense of the Congress With Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions, to include qualified businesses (as defined in Title II of this Act), designating governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by designating governments, to waive or modify rules and regulations which pertain to the carrying out of projects or activities within an enterprise zone. Requires agencies to approve such request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in continuation of the rule unchanged. Disallows the waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and the Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to and expedite applications for the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 31 March 1982
Expresses the sense of the House of Representatives that: (1) graduate and professional students should remain eligible for guaranteed student loans under the Higher Education Act of 1965; (2) Congress should provide Pell grant assistance for academic year 1982 through 1983 that fully funds the need analysis criteria of January 6, 1982, in order to provide assistance to 2,600,000 needy students; and (3) Congress should not further reduce the amount of funds available for campus-based student assistance programs under the Higher Education Act of 1965 below the levels established by the Omnibus Reconciliation Act of 1981.
United States · United States Congress · 29 March 1982
Authorizes the President to designate April 4, 1982, as the National Day of Reflection. Notes that such date coincides with the 80th birthday of Rabbi Menachem Mendel Schneerson, head of the Lubavitch movement.
United States · United States Congress · 24 March 1982
Amends the Internal Revenue Code to revise requirements for the tax exclusion of interest on mortgage subsidy bonds. Revises the arbitrage requirements for tax-exempt bonds to increase the amount by which interest rates on such bonds may exceed the interest rates on mortgages financed with such bonds. Increases the amount by which the acquisition cost of bond-financed residences may exceed the average area purchase price of other homes in the same statistical area. Revises the new homeowner requirements to allow eligibility for bond-financed mortgages for persons who are residing in substandard housing or who have lost their homes because of natural disasters or governmental action.
![Official portrait of Rep. McGrath, Raymond J. [R-NY-5]](https://www.congress.gov/img/member/m000458_200.jpg)