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Official portrait of Rep. Sensenbrenner, F. James, Jr. [R-WI-5]

Rep. Sensenbrenner, F. James, Jr. [R-WI-5]

United States · Official source

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4,447 records where Rep. Sensenbrenner, F. James, Jr. [R-WI-5] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 6429 (97th)referred

Small Business Regulatory Relief Tax Act of 1982

United States · United States Congress · 19 May 1982

Small Business Regulatory Relief Tax Act of 1982 - Delays until July 1, 1984, the effective date of Treasury regulations determining whether an interest in a corporation is to be treated as stock or indebtedness. Directs the Comptroller General to study and report to Congress on the impact of such regulations on small business.

Bill· HRH.R. 6311 (97th)open

Independent Contractor Tax Classification and Compliance Act of 1982

United States · United States Congress · 6 May 1982

Independent Contractor Tax Classification and Compliance Act of 1982 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of the tax on employment income. Treats an individual as an independent contractor if such individual: (1) controls the total number and scheduling of his work hours; (2) has no principal place of business provided rent-free by the service-recipient; (3) has substantial investment in his business (excluding vehicles) and earns income based upon sales or output rather than upon number of hours worked; and (4) performs services under a written contract and is provided written notice of his responsibilities with respect to income and self-employment taxes. Provides that the criteria established by this Act shall not be applicable to agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen who are statutorily designated as employees for purposes of social security taxation. Sets forth special rules for: (1) contracts entered into before January 1, 1983; and (2) determining control of scheduling work hours. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his service is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires a recipient of an independent contractor's services to file an information return disclosing payments made to such individual in excess of $600 per year. Requires persons who sell over $5,000 in consumer products to buyers on a buy-sell, deposit-commission, or similar basis to file a similar return. Permits an election to file such returns in certain circumstances. Requires individuals who file such information returns to furnish to persons with respect to whom such information is reported written statements which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Requires the payment of a surcharge for multiple violations. Requires the withholding of tax on certain persons where the identifying number is incorrect or missing on any return filed by a service-recipient. Sets forth effective dates and transitional rules for provisions of this Act.

Bill· HRH.R. 6325 (97th)referred

Housing and Automobile Industries Recovery Act of 1982

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.

Bill· HRH.R. 6291 (97th)referred

A bill to amend title XVI of the Social Security Act to provide that reparations received by Holocaust survivors under the German Federal Compensation Law shall not be considered income for purposes of determining an individual's eligibility for supplemental security income benefits or the amount of such benefits.

United States · United States Congress · 5 May 1982

Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude from income, for purposes of determining SSI eligibility, reparations paid to Holocaust survivors by the Government of West Germany.

Bill· HRH.R. 6088 (97th)referred

A bill to provide that States may enter agreements with the United States under which the State will retain a portion of the Federal unemployment tax for purposes of administering the unemployment compensation program and the employment service program as currently provided by federal law, to allow States to retain unemployment compensation funds in State-managed funds, and for other purposes.

United States · United States Congress · 6 April 1982

Amends the Internal Revenue Code to allow a State, at its option, to enter into an agreement with the Secretary of the Treasury and the Secretary of Labor under which the State shall: (1) collect the tax imposed by the Federal Unemployment Tax Act; (2) retain a specified portion of such tax to be used for the administration of the State's unemployment compensation law and public employment offices; and (3) pay to the Treasury the remaining portion of such tax not retained. Allows a State to deposit any unexpended funds into its unemployment fund for use in payment of unemployment compensation. Requires the Secretary of the Treasury and the Secretary of Labor to enter into such an agreement unless: (1) the Secretary of Labor determines that a State does not have an unemployment compensation law which meets the requirements of Federal law; or (2) the Secretary of the Treasury determines that the State is not able to properly collect and pay over the required employment tax. Authorizes the Secretaries to declare a State to be in violation of such arragement if either should determine that the State is not meeting the requirements of this Act. Provides that a refusal to enter into an agreement and a declaration of violation shall be subject to administrative and judicial review. Provides tax penalties for any violation of such an agreement. Provides that any State entering into such an agreement shall not be eligible to receive payments under title III or title IX of the Social Security Act or under the Wagner-Peyser Act. Amends the Internal Revenue Code and titles III and IX of the Social Security Act to allow States, at their option, to maintain and manage their own unemployment funds.

Resolution· HRESH.Res. 427 (97th)referred

A resolution expressing the sense of the House of Representatives with respect to the issuance of mineral leases in wilderness areas, and for other purposes.

United States · United States Congress · 1 April 1982

Expresses the sense of the House of Representatives that: (1) the Secretary of the Interior should refrain from issuing mineral leases in wilderness areas and lands under formal consideration for wilderness designation; (2) any Federal official who proposes to issue a mineral lease in such an area should provide prior notice to Congress in order to allow congressional prohibition of such lease; (3) additions to the Wilderness System should proceed expeditiously but without arbitrary deadlines; (4) lands under formal consideration for wilderness designation should be managed to preserve their wilderness character; and (5) Federal land management agencies should consider wilderness values in making land management decisions and recommendations.

Bill· HRH.R. 6009 (97th)referred

Enterprise Zone Tax Act of 1982

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.

Bill· HRH.R. 5944 (97th)open

A bill to amend the Internal Revenue Code of 1954 to clarify certain requirements which apply to mortgage subsidy bonds.

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.

Bill· HRH.R. 5920 (97th)referred

A bill to amend title II of the Social Security Act to provide generally that benefits thereunder may be paid to aliens only after they have been lawfully admitted to the United States for permanent residence, and to impose further restrictions on the right of any alien in a foreign country to receive such benefits.

United States · United States Congress · 22 March 1982

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.

Bill· HRH.R. 5869 (97th)referred

Milk Marketing and Promotion Act of 1982

United States · United States Congress · 17 March 1982

Milk Marketing and Promotion Act of 1982 - Amends the Agricultural Act of 1949 to base milk price supports on either a supply management price or a price that would ensure that pooled stocks are used to meet milk demands. Requires the Secretary of Agriculture: (1) to determine a national milk supply marketing base (supply and commercial need); and (2) when without a supply management program projected supplies exceed demand by 5,000,000,000 pounds, to conduct a referendum among milk producers to determine whether they favor a supply management and related price support program. Sets forth supply management program provisions including: (1) State, county, and individual producer marketing bases; (2) assessments for overproduction; and (3) fines for nonpayment of assessments or other fees (with judicial review in U.S. district courts). Establishes in the Treasury a Milk and Milk Products Promotion Fund. Establishes in the Department of Agriculture a Federal Milk Board to: (1) expand foreign markets; (2) investigate matters relating to the production, processing, or marketing of milk; and (3) recommend legislation as necessary. Sets forth membership and operating provisions of the Board. Amends the Agricultural Marketing Agreement Act of 1937 to penalize handlers who make payments to milk producers in excess of applicable marketing orders. Amends Federal law to set aside specified amounts from funds appropriated for agricultural exports for milk and milk product exports.

Bill· HJRESH.J.Res. 443 (97th)reported

A joint resolution with respect to nuclear arms reductions.

United States · United States Congress · 17 March 1982

States that the United States and the Soviet Union should begin the strategic arms reduction talks (START) with the following objectives: (1) preserving present controls on current nuclear weapons and nuclear delivery systems while pursuing substantial, equitable, and verifiable reductions; (2) seeking methods of avoiding the testing and deployment of destabilizing nuclear weapons; and (3) incorporating the ongoing negotiations on land-based intermediate-range nuclear missiles into the START negotiations.

Bill· HRH.R. 5800 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to allow an individual to withdraw amounts from an individual retirement account for the purchase of a principal residence.

United States · United States Congress · 10 March 1982

Amends the Internal Revenue Code to allow an individual to withdraw amounts from an individual retirement account for the purchase of a principal residence. Requires that ten percent of the amount withdrawn shall be included in the gross income of the distributee over a period of ten years beginning with the taxable year in which the distributee: (1) disposes of such principal residence or ceases to use it as a principal residence; or (2) attains the age of 59 1/2. Allows such withdrawals only if: (1) the amount withdrawn is used within 90 days for the purchase of the principal residence; (2) the individual retirement account was established at least 36 months before such withdrawal; (3) the trustee of such account is a qualified home mortgage institution; and (4) the trustee is given at least 60 days notice before such withdrawal.

Bill· HRH.R. 5729 (97th)open

Independent Contractor Tax Status Clarification Act of 1982

United States · United States Congress · 4 March 1982

Independent Contractor Tax Status Clarification Act of 1982 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of the tax on employment income. Treats an individual as an independent contractor if such individual: (1) controls the total number of his work hours; (2) does not maintain a principal place of business, or, if he does, such place of business is not provided, or is not provided rent-free, by the person for whom such individual performs services; (3) has substantial investment in his business and earns income based upon sale or output rather than upon number of hours worked; and (4) performs services pursuant to a written contract and is provided written notice of his responsibility with respect to income and self-employment taxes. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude from social security coverage service performed by an individual who qualifies as an independent contractor under the standards established by this Act.

Bill· HRH.R. 5717 (97th)open

Community Air Service Act of 1982

United States · United States Congress · 3 March 1982

Community Air Service Act of 1982 - Amends the Federal Aviation Act of 1958 to continue Civil Aeronautics Board (CAB) authority to require air carriers to establish just and reasonable joint fares. Transfers the authority of the CAB over joint rates, fares, and charges to the Department of Transportation. Sets forth procedures concerning the establishment and division of such joint fares. Terminates the authority of the CAB and the Secretary in regard to such joint rates six years after enactment of this Act.

Bill· HRH.R. 5679 (97th)open

Criminal Code Revision Act of 1981

United States · United States Congress · 2 March 1982

Criminal Code Revision Act of 1981 - Title I: Revision of Title 18 - Amends in its entirety title 18 of the United States Code, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing and corrections; (4) administration and procedure; and (5) ancillary civil proceedings. Subtitle I: Provisions of General Applicability - Sets forth 36 general definitions. Provides that particular offenses may include separate Federal jurisdictional requirements. Directs the Attorney General to prescribe guidelines for the exercise of Federal enforcement efforts where there is concurrent State or local jurisdiction. Requires these guidelines to provide for the discontinuation of Federal efforts unless a demonstrable, substantial interest would be served. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise. Declares that Federal jurisdiction is not generally preemptive of State jurisdiction, but enumerates offenses with respect to which the Attorney General may order preemption. Decreases from 78 to four the mental states for criminal culpability ("intentional," "knowing," "reckless," and "negligent"). Sets forth general rules for criminal complicity. Makes a person who facilitates commission of certain, enumerated "predicate offenses" by providing substantial assistance liable as a facilitator. Codifies the rule making a coconspirator liable for the reasonably foreseeable criminal conduct of another person (the "Pinkerton doctrine"). Limits organizational liability based on the acts of an agent to conduct occurring within the agent's scope of employment or within the agent's "actual" or "implied" authority. Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the offense, but allows the prosecution of a defendant who is at least 16 and commits a class A, B, or C felony. Sets forth a general statute of limitations of five years for a felony or misdemeanor and three years for an infraction. (Currently such limits vary with the offense.) Permits an extended period for certain concealable offenses, such as fraud or misconduct in office. Sets forth as statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection of persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement. Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense; (3) offenses involving international affairs; (4) offenses involving government process; (5) offenses involving revenue; (6) offenses involving individual rights; (7) offenses involving the person; (8) offenses involving property; and (9) miscellaneous offenses. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based of five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense. Repeals the Smith Act (prohibiting advocating the overthrow of the government) and the current prohibition against spreading false information during wartime with intent to aid the enemy. Includes the offense of criminal "attempt" only insofar as provided by specific offenses. Includes "solicitation" with respect to certain, enumerated "predicate offenses." Includes among new Federal offenses: (1) obstructing a Government inspection by fraud or by physical interference; (2) a general crime of making false written statements; (3) speculating on official action or information; (4) a series of offenses covering the obstruction of political rights; (5) possession of an eavesdropping device; (6) Government program bribery; (7) trafficking in stolen property; (8) sexual abuse of a ward; and (9) operating a racketeering syndicate. Revises numerous offenses. Adds a new "renunciation" defense to the offense of conspiracy. Limits the offense of "impairing military effectiveness" to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired. Revises "criminal contempt" to impose a maximum prison sentence of five days and a fine of $500. (Current law imposes no such limits.) Makes it a bar to punishment that the court order is unconstitutional or that the order is invalid and the offender has taken reasonable steps to obtain judicial review. Limits the offense of "obstructing a Government function by physical action" to: (1) the service or execution of authorized legal documents; (2) the performance of extradition or Secret Service duties; (3) the performance of duties under court order; (4) passage of the U.S. mail; or (5) execution of an arrest by a law enforcement officer. Changes the offense of "bail jumping" to vary the penalties according to the category of offense. Consolidates numerous false statement statutes under current law. Limits this offense to written or recorded statements. Punishes oral false statements only with respect to misprision of a felony, false implication of another, or false statements about emergencies. Requires that a Government public servant who commits the offense of "tampering with a Government record" be disqualified from office for a period of up to five years. Cross-references the offense of "tax evasion" to existing prohibitions under the Internal Revenue Code. Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); and (3) prohibit discrimination based on sex (current law includes race, color, religion, or national origin). Eliminates the specific intent requirement, but identifies a number of serious crimes which violate constitutional rights. Carries forward, in modified form, felony murder. Extends Federal jurisdiction over any contract murder involving interstate commerce. Expands the offense of homicide of U.S. officials to include Supreme Court justices, cabinet heads, and high-ranking employees in the Executive Office of the President or Office of the Vice President. Revises various sex offenses to eliminate distinctions as to the sex of the offender or victim. Redesignates rape as aggravated criminal sexual assault, and includes additional acts with respect to such offense. Applies the interspousal exemption to aggravated criminal sexual assault and lesser sex offenses. Provides, with respect to sexual abuse of a minor, that the victims must be less than 16 years old, but imposes no age differential requirement between violator and victim. Eliminates the "affecting commerce" jurisdictional basis with respect to robbery. Retains language under the Hobbs Act which defines extortion as "wrongfully" obtaining the property of another, but declares that it shall not be a defense to such crime that the conduct was in furtherance of a legitimate objective or activity if the conduct consists of violence or threats to person or property and is punishable by more than two years imprisonment under Federal or State law. Consolidates numerous theft statutes under current law. Varies the penalties with the value and type of property stolen. Revises the crime of "executing a fraudulent scheme" to cover pyramid sales schemes. Extends Federal jurisdiction to include obtaining at least $100,000 in insurance proceeds through the offense of arson. Extends Federal jurisdiction over the counterfeiting of securities or bonds issued by a State or local government which are in interstate or foreign commerce. Extends the scope of labor bribery to include bribery involving union membership procedures and work placement. Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent. (Such a rate only evidences extortion under current law). Raises the penalties for large-scale trafficking in marihuana and cocaine. Limits the current offense of using or carrying a firearm during commission of a Federal felony to crimes of violence. Expands this crime to include the carrying or use of an imitation firearm or explosive. Establishes a mandatory two-year minimum sentence for a first offender who uses a firearm or explosive which was capable of causing serious bodily injury. Makes such offender ineligible for parole. Narrows the applicability of "riot offenses" by defining "riot" as involving at least ten persons (three in current law). Conforms the definition of "obscene material" to Supreme Court decisions for the purposes of the offense of "transferring or exhibiting obscene material." Makes it a bar to prosecution that the transfer, exhibit, or possession was legal in the State or locality where it occurred. Replaces the current Mann Act with an offense entitled "Engaging in a Prostitution Business." Subtitle III: Sentencing and Corrections - 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, probation, or conditional discharge, and to receive additional sanctions including a fine or an order of restitution in cases involving bodily injury or property damage. Sets forth the general purposes of sentencing. Specifies factors to be considered by a sentencing court, including the applicable sentencing guidelines prescribed by the Judicial Conference of the United States. Requires the court to impose a sentence which is consistent with the sentencing guidelines, unless aggravating or mitigating circumstances exist. Requires the court to state the specific reasons for imposing a sentence which is not consistent with the guidelines. Requires presentence hearings to resolve issues of fact which are essential to the sentencing decision. Authorizes the court to permit the parties to subpoena and cross-examine witnesses. Authorizes imposition of a term of probation for all but the most serious class of felonies. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practicable. Enumerates 18 discretionary conditions. Sets forth revocation procedures for violations of a sentence of conditional discharge, probation, or restitution. 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 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 E) and three classes of misdemeanors (A to C). Sets the maximum at 16 years for class B felonies, 8 years for class C felonies, four years for class D felonies, and two years for class E felonies. Establishes the death penalty for murder, espionage, treason, and aircraft hijacking. Requires the holding of a separate sentencing hearing in capital cases to determine the existence of aggravating or mitigating circumstances. Eliminates the "good time" provisions of current law. Allows a defendant and the Government to appeal a sentence. Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Establishes within the Conference a Committee on Sentencing to make guideline recommendations. Eliminates the parole system, except with respect to offenders sentenced before the effective date of the sentencing guidelines. Retains parole with regard to these offenders for five years following the effective date of the guidelines. Increases the minimum period for parole eligibility from one-thrid to one-half of the term of imprisonment served. Subtitle IV: Administration and Procedure - Leaves generally unchanged the rules respecting venue. Limits the prosecution of transferring obscenity to the districts where the material was disseminated or the offense was completed. Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. 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 the person may flee or endanger any person or the community. Authorizes a judicial officer to order the pretrial detention of any 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 cases involving certain serious crimes. Amends the wiretapping law to restrict the interception of communications without a court order in emergency situations to the offenses of treason, espionage, sabotage, or racketeering. Establishes new procedures requiring authorization for investigative use of a "pen register" (a mechanical device which records numbers dialed on a telephone line to which it is attached). Subtitle V: Ancillary Civil Proceedings - Consolidates and enumerates 22 offenses for which the Attorney General may initiate civil forfeiture proceedings. Title II: Reenactment of Certain Portions of Former Title 18 with Substantive Changes, Amendments to Laws Outside of Title 18, and Technical and Conforming Provisions - Reenacts various current offenses under title 18, amending the penalties to conform with the new general penalty provisions under title I. Restates generally unchanged the Gun Control Act of 1968 (see title I above for criminal offenses). Reenacts the Logan Act (prohibiting private communication with a foreign government to influence foreign policy). Amends offenses outside of title 18 to cross-reference to offenses and penalties under this Act. Revises Federal habeas corpus procedures. Prohibits U.S. magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners except by consent of the parties. Conditions consideration of a habeas corpus claim by a State prisoner on a showing of prejudice resulting from the Federal right violated and that: (1) the Federal right did not previously exist; (2) State action precluded assertion of the right; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits, with certain exceptions, the holding of an evidentiary hearing in Federal court when the State court records show that the factual issue has been litigated.

Bill· HRH.R. 5653 (97th)open

Comprehensive Smoking Prevention Education Act of 1982

United States · United States Congress · 1 March 1982

Comprehensive Smoking Prevention Education Act of 1982 - Amends title XVII (Health Information and Health Promotion) of the Public Health Service Act to establish in the Department of Health and Human Services an Office of Smoking and Health to inform the public of the health hazards of cigarettes. Sets forth the Office's authority and duties, including conducting research and assisting educational programs directly or through grants. Establishes an Interagency Committee on Smoking and Health to be composed of representatives from the Departments of Labor and Education, the Federal Trade Commission, and any other Federal agency designated by the Secretary of Health and Human Services. Directs such Committee to meet at least four times a year and names the Director of the Office of Smoking and Health as chairman. Directs the Secretary of Health and Human Services to report annually to the Congress. Amends the Federal Cigarette Labeling and Advertising Act to make it unlawful to advertise or export cigarettes without the required labeling (repeals the existing export exemption). Makes it unlawful to manufacture, package, import, or export cigarettes containing any chemical substances without the label so stating. Directs the Federal Trade Commission (FTC) to establish a cigarette labeling system under which each brand of cigarettes shall bear a different specified health warning each year of a seven-year cycle. Eliminates certain congressional notification and reporting requirements. Increases the fine for violation of such Act from $10,000 to $100,000. Permits individual civil actions to be brought in U.S. district courts for violations of such Act. Requires a plaintiff to give 60-day notice to the FTC and the defendant. Permits intervention and consolidation. Allows the court to award attorneys fees and other costs.

Bill· HRH.R. 5459 (97th)open

Upper Mississippi River System Management Act

United States · United States Congress · 4 February 1982

Upper Mississippi River System Management Act - Grants the consent of Congress to the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin to enter into agreements for the use, protection, growth, and development of the Upper Mississippi River system. Directs the Secretary of the Army to monitor traffic movements on such system in order to verify lock capacity, update traffic projections, and refine economic evaluations. Authorizes appropriations through FY 1992. Authorizes the Secretary of the Interior to: (1) undertake a habitat rehabilitation and enhancement program for natural and recreational resources of such system; and (2) implement a program of recreational projects for the system. Directs the Secretary of the Army, through the Chief of Engineers, to establish a program to facilitate productive uses of dredged material. Directs the Secretary of Agriculture to implement a program of sedimentation control in the Upper Mississippi River Basin.

Resolution· HRESH.Res. 334 (97th)referred

A resolution to amend the Rules of the House of Representatives to require a recorded vote upon the passage of any legislation that economically affects Members as a separate class, and for other purposes.

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 the final passage of legislation that economically affects Members of Congress as a separate and distinct class. Makes it out of order in the House to consider any bill or resolution subject to such amended rule unless it is comprised solely of items relating economically to congressmen.

Resolution· HCONRESH.Con.Res. 260 (97th)referred

A concurrent resolution expressing the sense of the Congress regarding the successful rescue of Brigadier General James L. Dozier.

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.

Bill· HRH.R. 5389 (97th)referred

Emergency Youth Employment Tax Incentive Act

United States · United States Congress · 28 January 1982

Emergency Youth Employment Tax Incentive Act - Amends the Internal Revenue Code to allow an increased income tax credit under the targeted jobs tax credit program for qualified youth employed between May 17, 1982, and September 17, 1982. Increases the rate of such credit from 50 to 85 percent. Defines "qualified youth" as an individual: (1) who is between 16 and 21 years old; (2) who has not displaced any other individual from employment; (3) who performs services on substantially a full-time basis; and (4) who is certified as being a member of an economically disadvantaged family. Provides that 15 percent of the youth hired by any one employer need not be economically disadvantaged. Exempts wages paid to a qualified youth from income tax, social security tax, and unemployment tax.

Resolution· HCONRESH.Con.Res. 251 (97th)referred

A concurrent resolution expressing the sense of the Congress with respect to the situation of two Soviet families, known as the Siberian Seven, who have sought refuge in the United States Embassy in Moscow because of the discrimination of their Pentacostal faith by the Union of Soviet Socialist Republics.

United States · United States Congress · 27 January 1982

Expresses the sense of the Congress that the President should: (1) advise the Soviet Union of U.S. concern over the deprivation by the Soviet government of the religious freedom of the Vashchenko and Chmykhalov families and the refusal of such government to permit the emigration of such families; and (2) ensure that those families will be permitted to stay in the U.S. embassy in Moscow until the Soviet Union authorizes their emigration.

Bill· HRH.R. 5180 (97th)open

A bill to amend title XVIII of the Social Security Act to provide for coverage of hospice care under the medicare program.

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.

Bill· HRH.R. 5168 (97th)referred

A bill to amend title II of the Social Security Act to provide generally that benefits thereunder may be paid to aliens only after they have been lawfully admitted to the United States for permanent residence, and to impose further restrictions on the right of any alien in a foreign country to receive such benefits.

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.

Bill· HRH.R. 5050 (97th)referred

Two Way Street Act

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.

Bill· HRH.R. 5019 (97th)referred

A bill to amend the Parental Kidnapping Prevention Act of 1980 to clarify congressional intent regarding the application of section 1073 of title 18, United States Code, to cases involving parental kidnapping, and for other purposes.

United States · United States Congress · 18 November 1981

Amends the Parental Kidnapping Prevention Act of 1980 to provide that the Fugitive Felon Act applies to State felony parental kidnapping cases in the same manner as such Act applies to other State felonies. Directs the Attorney General, within 30 days of enactment, to rescind all guidelines that limit the application of the Fugitive Felon Act to such cases, including those requiring information that the child is in physical danger. Directs the Attorney General to report to Congress on the Justice Department's compliance with this Act.

Resolution· HCONRESH.Con.Res. 222 (97th)referred

A concurrent resolution directs the Commissioner of Social Security and the Secretary of Health and Human Services to immediately conduct a study and report to Congress on steps which can be taken to correct the benefit disparity known as the notch problem, in order to insure equitable and fair treatment for those who have based their retirement plans on benefit levels which have existed for the past decade.

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.

Bill· HJRESH.J.Res. 350 (97th)failed

A joint resolution proposing an amendment to the Constitution altering Federal budget procedures.

United States · United States Congress · 29 October 1981

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. Prohibits the Congress from requiring that the States engage in additional activities without compensation equal to the additional costs. 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.

Bill· HRH.R. 4786 (97th)referred

Bankruptcy Improvements Act of 1981

United States · United States Congress · 20 October 1981

Bankruptcy Improvements Act of 1981 - Amends title 11 of the United States Code (Bankruptcy) to establish an eligibility test for liquidation bankruptcy relief based on the individual petitioner's ability to pay a reasonable portion of his debts out of future income. Permits the court to dismiss a bankruptcy case under chapter 7 (liquidation) upon the motion of any party in interest filed not later than 30 days after the meeting of creditors, and after notice and a hearing, if the debtor is ineligible for relief under such title. Requires the bankruptcy judge to preside at any meeting of creditors and to perform such additional judicial duties any may be required. Declares that the value of the creditor's interest in the estate's interest in such property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Requires the debtor in bankruptcy cases to file a statement of income and expenses. Requires the debtor, if the debtor's schedule of assets and liabilities includes consumer debts which are secured by property of the estate, to file and serve upon each creditor holding such security and the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Repeals the provisions concerning exempt property and makes the States responsible for establishing exemptions to bankruptcy proceedings. Makes any debt which was incurred on or within 90 days before the date of the filing of a petition under such title nondischargeable. Allows creditors to enforce liens which have not been voided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later, by giving a written notice of rescission to the creditor. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge. Eliminates the trustee's power to avoid liens or recover payments made within 90 days of filing petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified objects. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence at the time of the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of co-debtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where at least 70 percent of all allowed unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan.

Bill· HRH.R. 4773 (97th)referred

A bill to amend the Social Security Act to remove the social security trust funds from the unified budget.

United States · United States Congress · 19 October 1981

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the inclusion of the receipts and disbursements of the social security trust funds (the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund) in the totals of the Federal budget and exempt them from any general statutory limitation on Federal budget outlays, beginning with fiscal year 1983.

Bill· HRH.R. 4741 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to restore and make permanent the provision excluding from income interest and dividends of up to $200 for returns of single individuals and $400 for joint returns.

United States · United States Congress · 14 October 1981

Amends the Crude Oil Windfall Profit Tax Act of 1980 to repeal the termination date for the exclusion from gross income of a certain amount of interest and dividend income received by a taxpayer. Amends the Economic Recovery Tax Act of 1981 to restore the full dividend and interest exclusion.

Bill· HRH.R. 4742 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to provide that the investment yield on the tax-exempt All Savers Certificates shall be increased from 70 to 85 percent of the average investment yield for United States Treasury bills of maturities of 52 weeks.

United States · United States Congress · 14 October 1981

Amends the Internal Revenue Code to increase the investment yield requirement on tax-exempt all savers certificates from 70 to 85 percent of the average investment yield for Treasury bills with 52-week maturities.

Bill· HRH.R. 4709 (97th)passed

Prompt Payment Act

United States · United States Congress · 7 October 1981

Prompt Payment Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Requires the Office of Management and Budget (OMB) to prescribe required payment dates. Specifies the procedures for computing such interest. Requires an agency to pay any interest charges out of funds made available for administration of its programs. Authorizes Federal grant recipients to provide for the payment of interest on overdue payments on their procurement contracts. Directs each agency to report to OMB annually on interest payments made during the fiscal year. Requires OMB to report to specified congressional committees on agency compliance with this Act. Requires the Director of OMB to delegate responsibility for OMB functions under this Act to the Office of Federal Procurement Policy.

Law· HRH.R. 4613 (97th)enacted

Debt Collection Act of 1982

United States · United States Congress · 29 September 1981

Debt Collection Act of 1981 - Directs every Government department and agency to require the furnishing of social security numbers by individuals who may incur indebtedness to the United States as a result of applications for credit, financial assistance, or payments. Amends the Internal Revenue Code to permit the Secretary of the Treasury to disclose to a Federal agency, upon written request, whether an applicant for a federally issued or guaranteed loan has any outstanding liability for tax or related penalties. Limits such disclosure to the extent that it is necessary to determine whether an applicant has outstanding liability. Eliminates the provision for disclosure of returns and return information to the Privacy Protection Study Commission. Limits disclosure of a taxpayer's mailing address to a consumer reporting agency which is an agent of a Federal agency to the extent that it is necessary to allow preparation of a commercial credit report for use in accordance with the Federal Claims Collection Act of 1966. Subjects Federal agencies which receive taxpayer mailing addresses for claim collection purposes to maintenance and reporting requirements which are determined by the Office of Management and Budget to be necessary for protection of such addresses.

Bill· HRH.R. 4604 (97th)referred

Parental Kidnapping Offense Act of 1981

United States · United States Congress · 25 September 1981

Parental Kidnapping Offense Act of 1981 - Amends the Federal criminal code to establish penalties for intentionally restraining a child in violation of another person's right of custody or visitation and: (1) concealing the child without good cause for more than seven days; or (2) restraining the child without good cause for more than 30 days. Applies the crime to persons having a relationship to the child. Includes as jurisdictional bases the movement of the child or legal custodian in interstate or foreign commerce.

Bill· HRH.R. 4531 (97th)open

Independent Contractor Tax Status Clarification Act of 1981

United States · United States Congress · 21 September 1981

Independent Contractor Tax Status Clarification Act of 1981 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of the tax on employment income. Treats an individual as an independent contractor if such individual: (1) controls the total number of his work hours; (2) does not maintain a principal place of business, or, if he does, such place of business is not provided, or is not provided rent-free, by the person for whom such individual performs services; (3) has substantial investment in his business and earns income based upon sales or output rather than upon number of hours worked; (4) performs services pursuant to a written contract and is provided written notice of his responsibility with respect to income and self-employment taxes; and (5) the recipient of such individual's services files returns disclosing payments made to such individual. Provides that the criteria established by this Act shall not be applicable to agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen who are statutorily designated as employees for purposes of social security taxation. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his services is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires recipients of services performed by an independent contractor to file an information return with respect to payments made for such services in excess of $600 for the taxable year. Requires individuals who file such information returns to furnish written statements to persons with respect to whom such information is reported which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Applies deficiency procedures for the assessment of unpaid taxes due to the reclassification of an individual as an employee who had been treated as an independent contractor. Treats as employees, for purposes of the withholding of income tax, certain traveling or city salesmen.

Bill· HRH.R. 4518 (97th)referred

A bill to exempt certain matters relating to the Central Intelligence Agency from the disclosure requirements of title 5, United States Code.

United States · United States Congress · 17 September 1981

Amends the Freedom of Information Act to exempt from the disclosure requirements matters relating to: (1) internal personnel rules and practices and training or reorientation of personnel of the Central Intelligence Agency; (2) special activities, clandestine collection, or covert operations of the CIA; and (3) internal operation, office management, or organization of the CIA. Eliminates Federal court jurisdiction to enjoin the CIA from withholding records, except personnel records of an individual the disclosure of which is necessary for obtaining employment outside the Agency.

Bill· HRH.R. 4382 (97th)referred

A bill to amend the Social Security Act to provide for improved management of the social security trust funds and increase the return on investments to those funds.

United States · United States Congress · 4 August 1981

Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to provide for the appointment to the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund of one representative of employers, one representative of employees, one representative of beneficiaries, and one individual highly qualified in the management of investment funds. Requires the Board to make investments securing the maximum possible interest yield with the portion of the Trust Funds not required to meet current withdrawals. Fixes the interest rates for public-debt obligations issued for purchase by the Trust Funds at the average market yield on all marketable interest bearing U.S. obligations forming part of the public debt, all marketable interest bearing obligations which are not U.S. obligations but which are guaranteed by the United States, and all marketable federally sponsored agency interest bearing obligations which are lawful investments for fiduciary and trust funds under Federal control. Authorizes the Managing Trustee to use the equipment and experts necessary to assure the maximum possible interest yield on Trust Fund investments.

Bill· HRH.R. 4362 (97th)open

Bail Reform Act of 1981

United States · United States Congress · 31 July 1981

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 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. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the discretionary release conditions to require 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) forfeit designated property upon failure to appear; and (8) return to custody at specified hours. 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: (1) a serious risk of flight or obstruction of justice; or (2) 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.

Bill· HRH.R. 4162 (97th)open

Immigration Improvements Act of 1981

United States · United States Congress · 15 July 1981

Immigration Improvements Act of 1981 - Title I: Change in Numerical Limitations and Entry of Aliens into the United States - Amends the Immigration and Nationality Act to require the President to submit an annual immigration plan to the Congress. Sets forth congressional procedures for considering such plan. Establishes an overall annual immigration numerical limitation. Breaks it down into categories of immediate relatives, refugees, and other immigrants. Makes corresponding limitation changes in current refugee and immigrant admissions. Revises emergency situation refugee admissions provisions. Requires brothers or sisters of U.S. citizens to be unmarried to qualify for fifth preference immigration priority. Directs the Attorney General to: (1) prepare contingency plans for processing large groups of asylum applicants illegally in the United States; and (2) file quarterly admissions reports with the Congress. Title II: Improved Enforcement - Directs the Attorney General to disregard work experience gained while illegally in the United States when considering an alien's visa application. Makes it unlawful to hire an illegal alien. Provides civil penalties for employer violations. Amends the Internal Revenue Code to exclude illegal aliens from eligibility for the earned income tax credit. Disallows a deduction for compensation paid to such persons. Authorizes the Attorney General to enter into agreements with State and local law enforcement agencies to help apprehend escaped aliens. Directs the Attorney General to submit a plan to the Congress for expanding and upgrading the border patrol. Makes an alien excludable or deportable for knowingly smuggling illegal aliens into the United States (currently an alien must have done so "knowingly and for gain"). Places the burden of proof in deportation proceedings on the Attorney General. Amends the Social Security Act to limit AFDC and Medicaid benefits to citizens and permanent residents. Amends the Immigration and Nationality Act to direct the Attorney General to prescribe a uniform fee schedule.

Bill· HRH.R. 4011 (97th)open

A bill to provide for the payment of losses incurred as a result of the ban on the use of the chemical Tris in apparel, fabric, yarn, or fiber, and for other purposes.

United States · United States Congress · 25 June 1981

Grants the Court of Claims jurisdiction over claims against the United States for losses sustained by producers, processors, manufacturers, distributors, or other persons resulting from the ban on children's sleepwear containing Tris phosphate. Enumerates factors to be considered by the court in determining the validity of claims. States that the amount of losses shall not include lost profits, distress sale proceeds, attorney fees, or interest on losses. Sets forth the measure of losses for the types of claimants. Prescribes the respective measures of losses for producers, converters, manufacturers. distributors, and retailers of Tris-treated sleepwear or the fabric, yarn, or fiber. Prohibits class action claims. Directs the subrogation of the United States to successful claimants' rights to recover losses. Prohibits any payments under this Act until such time as the claimant produces proof of the proper disposal of such goods.