United States · United States Congress · 6 May 1982
Suspends the application of the minimum wage and overtime requirements of the Fair Labor Standards Act of 1938, during the period beginning May 15, 1982, and ending September 15, 1982, to the employment of full-time students under the age of 21 by employers who regularly employ fewer than ten full-time employees.
United States · United States Congress · 1 April 1982
Olympic Coin Act of 1982 - Provides for the minting of commemorative coins to honor and commemorate the 1984 Los Angeles Olympic Games. Requires the Secretary of the Treasury to determine the designs of such coins. Declares the coins legal tender and terminates their minting after December 31, 1984. Sets forth minting specifications. Authorizes the Secretary to enter into an agreement with the Los Angeles Olympic Organizing Committee which shall provide for the implementation of the purposes of this Act. Directs the Secretary to furnish such coins to the Los Angeles Olympic Organizing Committee at a price agreed to pursuant to such implementation agreement. Provides that all coins minted shall be delivered to the Los Angeles Olympic Organizing Committee for distribution and sale to the public in accordance with the terms of the implementation agreement. Sets the delivery date for each series of coins. Sets forth procedures and criteria for the committee to follow in selecting a marketing organization for such coins. States that proceeds received by the Los Angeles Olympic Organizing Committee from the commercial sale of such coins shall be used for the purpose of staging and promoting the 1984 Los Angeles Olympic Games and assisting the U.S. Olympic Committee and amateur athletics. Requires the organizing committee, on and after March 31, 1985, to remit all amounts received from the disposition of the coins to the U.S. Olympic Committee. Prohibits deduction of amounts derived from the disposition of such coins as charitable contributions for purposes of the Internal Revenue Code of 1954. Requires the organizing committee to pay the Secretary in advance such sums as are necessary to carry out the provisions of this Act. Requires the Secretary to report to Congress not later than 45 days after the end of each calendar quarter on the disposition of the coins minted during such quarter. Sets forth recordkeeping requirements for all parties governed by this Act and authorizes the Comptroller General to audit all such records.
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 · 29 March 1982
Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels of forces; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.
United States · United States Congress · 23 March 1982
Olympic Coin Act of 1982 - Title I: Olympic Coins - Provides for the minting of commemorative gold coins to honor and commemorate the 1984 Los Angeles Olympic Games. Sets forth minting specifications and limits the aggregate face value of all such coins. Requires the Secretary of the Treasury to determine the design of the coins. Declares that such coins are legal tender and terminates their minting after December 31, 1984. Directs the Secretary to enter into an agreement with the Los Angeles Olympic Organizing Committee which shall provide for the implementation of the purposes of this Act. Directs the Secretary to furnish such coins to the Organizing Committee at a price agreed to under such agreement. Requires delivery of all coins minted to the Committee for distribution and sale to the public. Sets the delivery date for each series of coins. States that proceeds received by the Committee from the commercial sale of such coins shall be used for the purpose of staging and promoting the 1984 Los Angeles Olympic Games and assisting the U.S. Olympic Committee and amateur athletics. Sets forth procedures and criteria for the Organizing Committee to follow in selecting a marketing organization for such coins. Establishes in the Treasury the Los Angeles Olympic Coin Fund for the deposit of sums received from the Organizing Committee and to carry out provisions of this title. Requires the Secretary to report to Congress on the sale of the coins minted under this title. Grants the Comptroller General access to all data relating to the use and funding of such coins. Exempts the Secretary from Federal laws governing procurement or public contracts for purposes of this title. Title II: Gold Medallions - Amends the American Arts Gold Medallion Act to allow the Secretary of the Treasury to provide for sales of gold medallions through dealers and, if appropriate, through the Department of the Treasury.
United States · United States Congress · 18 March 1982
Irrigation Water Conservation Tax Act of 1982 - Amends the Internal Revenue Code to provide an additional investment tax credit for irrigation water conservation property which is part of a system for irrigating agricultural or horticultural commodities on land.
United States · United States Congress · 17 March 1982
Directs the Secretary of the Treasury to study and report to specified congressional committees on the advisability of replacing the Federal individual income tax or such income tax and the Federal corporate income tax with a simplified income tax on gross income.
United States · United States Congress · 16 March 1982
Declares that the House of Representatives deplores the denial of the rights of Hungarians and people of other nationalities in Transylvania by the Romanian Government. Requests the President and the Secretary of State to discuss the human rights of the Hungarians in Transylvania with the Government of Romania.
United States · United States Congress · 16 March 1982
Reaffirms that deposits, up to the statutorily prescribed amount, in federally insured depository institutions are backed by the full faith and credit of the United States.
United States · United States Congress · 15 March 1982
Designates the week beginning on May 9, 1982, as Senior Center Week. Requests the President to include the designation of such week as part of the proclamation issued for Older Americans Month.
United States · United States Congress · 15 March 1982
Reaffirms that deposits, up to the statutorily prescribed amount, in federally insured depository institutions are backed by the full faith and credit of the United States.
United States · United States Congress · 9 March 1982
Authorizes the Secretary of the Interior to issue rules and regulations to implement provisions of the Reclamation Act of June 17, 1902, and other reclamation Acts, with respect to the management and use and protection of lands, waters, or other property under the Secretary's jurisdiction. Sets forth penalties for any person who knowingly violates such rules and regulations. Makes it a Federal crime to kill any Bureau of Reclamation official assigned to perform law enforcement functions. Authorizes the Secretary to cooperate with local law enforcement officials, including reimbursement of expenditures of such localities, in connection with resource protection and administration.
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.
United States · United States Congress · 2 March 1982
Expresses the sense of the Congress that funding for community service employment programs for senior citizens under title V of the Older Americans Act of 1965 for FY 1983 and subsequent fiscal years should be provided at levels sufficient to maintain or increase the number of employment positions provided under such programs.
United States · United States Congress · 24 February 1982
Expresses the sense of the Congress that the problem of Americans missing because of the Vietnam war should be resolved as soon as possible. Urges the President to: (1) take actions to ensure the release of all Americans who remain captive; and (2) obtain from Vietnam, Laos, and Kampuchea a complete accounting of all the Americans who are missing, including a returning of the remains of the dead.
United States · United States Congress · 10 February 1982
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to direct the Secretary of the Treasury to implement procedures for identifying social security benefit checks issued under title II which have not been negotiated within 12 months and to credit the appropriate social security trust fund on a monthly basis for the amount of all unnegotiated benefit checks drawn on such trust fund. Requires the Secretary to pay a benefit check presented for payment after it has been credited to one of the trust funds if it is otherwise proper. Authorizes appropriations to reimburse the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for the total amount of unnegotiated benefit checks.
United States · United States Congress · 3 February 1982
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of Congress, a gold medal to Admiral Hyman George Rickover in recognition of his distinguished service and for his contributions to the development of safe nuclear energy and to the defense of the United States. Directs the Secretary of the Treasury to provide for a gold medal with suitable emblems, devices, and inscriptions. Authorizes appropriations to carry out such provision. Authorizes the Secretary to make available bronze duplicates of such medal for sale under regulations he prescribes and in accordance with provisions of this Act.
United States · United States Congress · 3 February 1982
Amends the Federal criminal code to establish procedures for the imposition of the death penalty for Presidential assassination. 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. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; 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. Establishes procedures for appeal from the death sentence.
United States · United States Congress · 2 February 1982
Establishes the Mono Lake National Monument in California. Authorizes the Secretary of the Interior to acquire lands and waters privately owned or owned by the State or its political subdivisions within the boundaries of the monument. Specifies acquisition procedures. Permits the transfer without consideration of Federal property located within the monument's boundaries and administered by other departments or agencies to the administrative jurisdiction of the Secretary. Requires the lands therein administered by the Bureau of Land Management to be administered by the National Park Service. Authorizes the acquisition of land outside the monument's boundaries for use as an administrative site for the monument. Directs the Secretary to conduct with California and the city of Los Angeles a comprehensive study of programs and alternative water management policies which could be implemented by Los Angeles, the State, and other political jurisdictions to conserve water and thereby reduce the need for Mono Basin water diversions. Requires that such study take into consideration the report of the Interagency Task Force on Mono Lake (December 1979) and include public comments obtained through public hearings. Requires the Secretary to submit to specified congressional committees a report on the range and implementation of alternative actions which could reduce or eliminate Mono Basin water diversions, based on such study. Permits the State, the city of Los Angeles, and other affected entities to comment on such study. Requires the Secretary to submit to such committees, within two fiscal years from the effective date of this Act, a comprehensive general management plan for the monument and a natural resources study report for the monument. Authorizes appropriations.
United States · United States Congress · 2 February 1982
Extends congratulations from the Congress to the Italian Government and its antiterrorist police forces for the successful rescue of Brigadier General James L. Dozier. Extends to General Dozier and his family best wishes for a quick recovery and return to normal life.
United States · United States Congress · 2 February 1982
Expresses the sense of Congress that the President should deny Federal employment and benefits, including employment with Federal grantees and borrowers, to persons who are required to but do not register under the Military Selective Service Act.
United States · United States Congress · 15 December 1981
Amends the Internal Revenue Code to provide that fungible products which are marketed through pooling arrangements of a cooperative association shall be deemed export property of a Domestic International Sales Corporation. Specifies that where a borrower of a producer's loan markets fungible products through pooling arrangements of a cooperative association, his receipts of sale proceeds from the pool shall be deemed to be derived from the sale of products outside the United States in the same proportion that sales of the pool outside the United States bear to total sales of the pool.
United States · United States Congress · 14 December 1981
Products Liability Act of 1982 - Sets forth uniform national standards for products liability cases. Provides that this Act preempts inconsistent Federal and State laws. Permits actions under this Act to be brought in State court or Federal court if the United States is a party or diversity jurisdiction exists. Prohibits recovery for other than commercial loss or damage to the product itself, except as otherwise provided in this Act. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers, including wholesalers, distributors, retailers, lessors, packagers, and repairers. Establishes rules relating to proof in products liability cases with respect to government standards and contract specifications. Prohibits admission of postmanufacturing improvements except for the purpose of impeaching a witness for the product seller who denies the feasibility of such improvements. Provides that all product liability actions shall be governed by the principles of comparative responsibility. Specifies the manner in which damages are to be apportioned. Requires the reduction of any damage award by the amount of workers' compensation benefits which are paid. Makes a product seller who acted with flagrant indifference to consumer safety, where the act was an extreme departure from accepted practice, liable for punitive damages. Establishes a three-year statute of limitations and a ten-year statute of repose.
United States · United States Congress · 8 December 1981
Amends the Depository Institutions Deregulation Act of 1980 to suspend, during the period beginning on the date of the enactment of this Act and ending six months after such date, the authority of the Depository Institutions Deregulation Committee.
United States · United States Congress · 3 December 1981
Authorizes the President, on behalf of the Congress, to present a gold medal to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations to carry out provisions of this Act.
United States · United States Congress · 20 November 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require each State to submit semiannual reports to the Secretary of Health and Human Services on individuals for whom death certificates have been officially filed during the preceding six-month period. Requires that such reports include the individuals' names, social security numbers, dates of birth and death, sex, and death certificate numbers. Directs the Secretary to release such information upon request to surviving relatives of such individuals.
United States · United States Congress · 18 November 1981
Small Business Contract Payment Procedures Act - Amends the Federal Property and Administrative Services Act of 1949 to require that whenever an executive agency makes progress payments under a contract for property or services, the contracting officer authorize payment in full without retention of any percentage of the contract price if: (1) satisfactory progess toward complete performance of the contract was made during any period for which a progress payment is required; and (2) the party performing the contract is a small business which has furnished an adequate performance bond.
United States · United States Congress · 13 November 1981
Agricultural Fair Practices Act Amendments of 1981 - Permits an agricultural producer association to request accreditation from the Secretary of Agriculture to serve as its members' exclusive bargaining agent. Requires the Secretary to act on such request within 60 days. Requires approval if the association: (1) is producer-owned; (2) has binding sales contracts with its members; (3) represents a sufficient number of producers or its members produce sufficient produce to enable it to effectively bargain with handlers; and (4) negotiates for prices and other trade terms respecting the production, sale, or marketing of its members' products, or for compensation for products by its members under contract. States that accreditation shall be effective for as long as the association meets the accreditation requirements. Requires an accredited association to file an annual report with the Secretary. Gives an association 30 days to correct an accreditation deficiency or to request a hearing after receiving notice of the Secretary's intent to revoke accreditation. Enumerates unfair handler and producer practices, including: (1) coercion; (2) false reporting; (3) bad faith bargaining; and (4) refusal to comply with arbitration. Authorizes the Secretary to provide mediation services when bargaining between a handler and an association reaches an impasse. Directs the Secretary to establish a compulsory and binding arbitration procedure. Authorizes the Secretary to require arbitration if so requested by either party and if he thinks bargaining has reached an impasse. Provides for the assignment and remittance of association fees. Provides an administrative procedure for processing charges of bad faith bargaining. Requires the Secretary to investigate any alleged violation of this Act, and to issue a complaint and hold a hearing if he has reasonable cause to believe such violation has occurred. Directs the Secretary to conduct investigations and hearings as he determines necessary. Permits suits for damages under this Act to be brought in U.S. district court without regard to dollar amounts. Establishes civil and criminal penalties for such violations.
United States · United States Congress · 12 November 1981
Comprehensive Smoking Prevention Education Act of 1981 - 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 it 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 (repeals the existing export exemption) cigarettes without the required labeling. Changes labeling requirements. Directs the Federal Trade Commission (FTC) to establish cigarette labeling regulations as set forth by this Act. Eliminates certain congressional notification and reporting requirements. Increases the fine for violation of such Act from $10,000 to $100,000. Permits an individual civil action to be brought in U.S. district courts for violations of such Act. Requires such 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.
![Official portrait of Rep. Shumway, Norman D. [R-CA-14]](https://www.congress.gov/img/member/s000393_200.jpg)