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Official portrait of Sen. Baker, Howard H., Jr. [R-TN]

Sen. Baker, Howard H., Jr. [R-TN]

United States · Official source

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987 records where Sen. Baker, Howard H., Jr. [R-TN] is listed as a sponsor, author, or other actor. Search with topics and years

Resolution· SRESS.Res. 520 (97th)passed

A resolution to authorize the testimony of Senator Larry Pressler and representation by the Senate Legal Counsel in the case of United States of America vs. Joseph Silvestri, Cr. No. 80-00291 (S).

United States · United States Congress · 17 December 1982

Authorizes Senator Larry Pressler to testify in the case of United States v. Joseph Silvestri, except when the Senate is in session. Directs the Senate Legal Counsel to represent the Senator in connection with his testimony.

Resolution· SRESS.Res. 503 (97th)passed

A resolution to establish the United States Senate Productivity Award.

United States · United States Congress · 7 December 1982

Establishes the United States Senate Productivity Award. Allows each Senator to select an award recipient under guidelines established by the Committee on Commerce, Science, and Transportation. Directs the Committee to enter into a contract for the design and striking of suitable medallions for such award.

Bill· SS. 3048 (97th)referred

Federal Anti-Tampering Act

United States · United States Congress · 30 November 1982

Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury or death results.

Bill· SS. 3044 (97th)open

Surface Transportation Act of 1982

United States · United States Congress · 29 November 1982

Surface Transportation Act of 1982 - Title I: Highway Revenue Act of 1982 - Amends the Highway Revenue Act of 1956 to extend the period for which taxes may go into the Highway Trust Fund until April 1, 1990. Makes expenditures available from such Fund until October 1, 1991, to meet obligations of the Federal-aid highway program. Makes conforming amendments to the Land and Water Conservation Fund Act of 1965. Establishes a Transit Account within the Highway Trust Fund to consist of amounts attributable after March 31, 1983, to one cent per gallon user fees on diesel fuel, special motor fuels, and gasoline under the Internal Revenue Code of 1954. Requires such amounts to be spent according to provisions of the Urban Mass Transportation Act of 1964. Extends the authority for the user fees transferred into the Fund from October 1, 1984, until April 1, 1990. Increases the rate of tax on gasoline, diesel and special motor fuels from four cents per gallon to nine cents per gallon. Repeals the tax on diesel and special motor fuel which is used in off-highway vehicles. Increases the manufacturers' excise tax on trucks and trailers from ten percent to 12 percent. Increases the taxable threshold weight from 10,000 pounds to 33,000 pounds. Increases the manufacturers' excise tax on truck parts and accessories from eight percent to 12 percent. Repeals the excise tax on highway tires weighing less than 100 pounds and on inner tubes. Changes the manufacturers' excise tax on tires from 9.75 cents a pound for all tires to 25 cents a pound for tires weighing more than 100 pounds. Increases the manufacturers' excise tax on tread rubber from five cents a pound to 25 cents a pound. Repeals the manufacturers' excise tax on lubricating oil. Revises the heavy vehicle use tax to provide a graduated rate of tax for vehicles weighing 55,000 pounds and up. Exempts vehicles which travel less than 2,500 miles on Federal-aid highways. Provides a tax credit for gasoline used for nonhighway uses. Imposes a floor stocks tax on specified products held by dealers for sale. Provides that certain exemptions from user fees expire on April 1, 1990. Directs the Secretary of Transportation to study alternatives to the heavy vehicle user fees and report to Congress within two years of enactment of this title. Authorizes the Secretary of the Treasury to permit States to assist in the collection or enforcement of such tax. Title II: Federal- Aid Highway Reauthorization Act of 1982 - Amends the Federal-Aid Highway Act of 1956 to revise the authorization of appropriations for the Interstate Highway System for FY 1984 through 1991. Directs the Secretary of Transportation to apportion for FY 1985 and 1986 the sums authorized to be appropriated for expenditures on the National System of Interstate and Defense Highways according to specified factors. Authorizes appropriations from the Highway Trust Fund for FY 1983 through 1988 for: (1) the Federal-aid primary system in rural areas; (2) the Federal-aid urban system; (3) forest highways; (4) public lands highways; (5) parkways and park highways; (6) Indian reservation highways; (7) bridge replacement and rehabilitation; (8) the highway safety improvement program; and (9) substitute highway projects. Amends the Federal-Aid Highway Act of 1978 to authorize appropriations for the interstate system resurfacing for FY 1984 through 1989. Sets aside funding for the rehabilitation of the Woodrow Wilson Bridge in Virginia. Revises the definition of the term construction to include costs incurred by States in performing Federal-aid project related audits which directly benefit the Federal-aid highway program. Allows Federal participation in the relocation of utilities for the purpose of eliminating hazards on the Federal-aid system. Revises the interstate withdrawal and substitution process for the Federal-aid system. Makes any route or segment added to the Interstate System after March 7, 1978, ineligible for withdrawal or substitution. Eliminates the priority primary program and the connector primary demonstration program. Sets forth provisions to assure a State's FY 1984 and 1985 apportionments for resurfacing and construction notwithstanding enactment of this Act. Repeals requirements for specified reports under the Federal-Aid Highway Act of 1978. Requires the Secretary to report to Congress in January 1983, and biennially thereafter, on estimates of the future highway needs of the Nation. Eliminates the requirement for the Secretary to establish guidelines for the Federal-aid system to conform to provisions of the Clean Air Act. Permits vending machines on the interstate system without cost to the Federal Government. Directs the Secretary to establish procedures for the inspection and approval of construction on Federal-aid projects. Eliminates requirements for a final inspection of such projects. Permits construction by States of highway substitute and bridge projects in advance of such apportioned funds. Repeals provisions requiring payments to States for bond retirement. Permits the Secretary to withhold project approval for projects in specific areas within a State, or for the entire State, where the Secretary finds that a project is not being properly maintained. (Present law requires the Secretary to withhold funds for the entire State). Revises the certification acceptance program to eliminate the requirement for the Secretary to make final inspections. Authorizes the Secretary to delegate to State highway departments any of his responsibilities under any Federal law, except those involving civil rights and authority over bridges over navigable waters. Revises the Interstate Discretionary Fund to authorize the Secretary to give priority to interstate projects of unusually high cost in relation to a State's apportionment, and to projects which contribute to the completion of an Interstate segment. Sets forth provisions for program consolidation. Revises provisions for emergency relief due to natural disasters or catastrophic failures to limit the amounts payable for emergency relief. Requires each State to establish commercial motor vehicle weights in accordance with weights specified in Federal law. Allows toll financing of new highway construction projects. Eliminates the toll road provisions under the Federal-Aid Highway Act of 1978. Amends the Department of Transportation Act of 1966 to change references to historic sites to references to National Historic Landmarks. Requires equal employment opportunities for highway projects without regard to sex. Authorizes the Secretary to conduct and finance training and assistance programs for socially and economically disadvantaged individuals. Makes funds available for such purposes. Authorizes the withholding of apportioned funds from any State which does not enforce the heavy vehicle use tax. Sets forth apportionment formulas for the highway bridge replacement and rehabilitation program. Allows States to transfer funds allocated to one urbanized area to another such area within the State. Revises the highway safety improvement program by combining existing safety categories. Requires the Secretary to conduct an interagency environmental process review. Establishes a Federal Lands Highways Program for oversight of forest highways, park roads, parkways, Indian reservation roads, and public lands highways. Revises apportionments for research and planning projects and sets forth the Federal share payable for such projects. Authorizes the Secretary to cooperate with State highway and transportation departments and certain organizations without regard to provisions of the Federal Advisory Committee Act. Establishes the obligation limitation for FY 1983 Federal-aid highways and highway safety construction programs. Exempts from such limitation emergency relief projects, certain bridge demonstration projects, and the Woodrow Wilson Bridge and Union Station projects. Allows light truck traffic and limited commercial truck traffic on the Highland Scenic Highway in West Virginia. Transfers the functions, powers, and duties of the Appalachian Regional Commission that relate to the Appalachian Development Highway System to the Secretary of Transportation. Eliminates the authority of the Federal Highway Administrator to regulate the rate of tolls on bridges. Authorizes the Secretary to approve projects for the reconstruction, resurfacing, restoration, and rehabilitation of the Woodrow Wilson Memorial Bridge by Maryland, Virginia, and the District of Columbia. Prohibits the Secretary from approving any such project until the three jurisdictions accept title to their portions of the bridge without monetary consideration. Title III: Amendments to the Urban Mass Transportation Act of 1964 - Transit Assistance Authorization Act of 1982 - Amends the Urban Mass Transportation Act of 1964 to prohibit a discretionary capital grant or loan from being made by the Secretary of Transportation unless the applicant has sufficient capability to maintain the facilities and equipment purchased with such grant or loan. Decreases the Federal share of such grants and loans. Authorizes appropriations, beginning in FY 1983, for administrative costs necessary to carry out the functions of such Act. Authorizes appropriations for FY 1984 through 1988 for the: (1) discretionary capital grant program; (2) innovative methods and techniques program; (3) planning program; (4) urbanized area capital formula program; (5) program to meet special needs of the elderly and handicapped; (6) formula grant program for other than urbanized areas; and (7) capital formula program for areas other than urbanized areas. Authorizes appropriations for FY 1983 through 1988 for: (1) research, development, and demonstration projects; (2) grants for managerial, technical and professional training programs; (3) grants for research and training in urban transportation problems; and (4) grants for the establishment and operation of transportation centers at nonprofit institutions of higher learning. Authorizes appropriations for formula grants for FY 1982 through 1984 for: (1) urban mass transit; (2) construction or operating assistance; and (3) commuter rail and fixed guideway systems. Provides that any such unobligated or deobligated funds shall be added to amounts available for certain other capital grant programs. Declares that apportionments for FY 1975 shall lapse on September 30, 1977, and apportionments for FY 1976 shall lapse on September 30, 1978. Prohibits the Secretary from approving a project for the payment of operating expenses of urban mass transit services after September 30, 1984. Repeals provisions that require that rates charged elderly and handicapped persons for transportation during non-peak hours be no more than one-half of peak hour full fares. Establishes a capital formula program for urbanized areas to finance the planning, acquisition, construction, and improvement of facilities, equipment, and spare parts for transit vehicles in mass transportation service. Prohibits the use of such grants for the construction or extension of fixed-guideway systems other than exclusive facilities for buses. Exempts from such prohibition projects already agreed upon for the District of Columbia metropolitan area. Provides a procedure for receiving and distributing assistance under such program. Authorizes the Secretary of Transportation to establish a benchmark price representing the maximum Federal participation for the acquisition of buses. Transfers the enforcement of labor standards for construction projects funded by the Department of Transportation from the Secretary of Labor to the Secretary of Transportation. Includes the capital formula programs for urbanized areas and for non-urbanized areas within the reporting system and uniform system of accounts. Makes technical amendments to formula grants for nonurbanized areas to parallel the operation of formula grants for urbanized areas. Establishes a capital formula program for areas other than urbanized areas consistent with provisions of formula grant programs for nonurbanized areas. Authorizes Governors to transfer funds between the two programs under certain circumstances. Authorizes appropriations out of the Transit Account of the Highway Trust Fund for FY 1983 through 1988 to finance grants for urban transit capital infrastructure development projects. Amends the Surface Transportation Assistance Act of 1978 to prohibit the authorization of appropriations for a specified waterborne transportation demonstration project after September 30, 1983. Amends the National Mass Transportation Assistance Act of 1974 to repeal provisions dealing with the investigation of safety hazards in urban mass transportation systems. Title IV: Highway Safety - Authorizes appropriations out of the Highway Trust Fund for FY 1985 through 1988 for specified highway safety programs. Eliminates exceptions for apportionments for the Virgin Islands, Guam, and American Samoa. Revises the vehicle weight and width limitations for the Interstate System to make the maximum width of a commercial motor vehicle 102 inches. Sets forth provisions to ensure that certain trucks are allowed to operate on the Interstate System in every State. Establishes a working group in the Department of Transportation to develop uniform State procedural standards for vehicle registration, fuel tax, and third structural tax requirements. Authorizes the Secretary to initiate rulemaking to implement acceptable recommended standards. Sets forth minimum financial responsibilities for motor carriers transporting hazardous wastes in interstate, foreign, and intrastate commerce. Authorizes the Secretary to provide grants to States to assist in implementing programs for the enforcement of commercial motor vehicle safety standards. Authorizes appropriations out of the Highway Trust Fund for FY 1984 through 1988 for such purpose. Sets forth civil penalties and injunctive relief for the enforcement of violations of motor carrier safety regulations.

Bill· SS. 3008 (97th)referred

A bill to amend the laws of the United States to eliminate gender-based distinctions.

United States · United States Congress · 1 October 1982

Title I: Armed Forces, Soldiers' Home, Coast Guard, Lighthouse Service, and Merchant Marine - Amends Federal Military laws dealing with the Army, the Navy, the Air Force, and the Coast Guard to eliminate gender-based distinctions. Title II: Elimination of Gender-Based Distinctions Under the Old Age, Surviviors, and Disability Insurance Program, Railroad Retirement and the Work Incentive Program - Eliminates gender-based distinctions in the social security and railroad retirement programs. Title III: Amendments to United States Code - Amends the Immigration and Nationality Act, the Walsh-Healey Act, the Child Nutrition Act of 1966, the Federal Criminal Code and other Acts dealing with Indian affairs, transportation, public lands and provisions relating to Saint Elizabeth Hospital and contract law to eliminate gender-based distinctions.

Resolution· SRESS.Res. 490 (97th)passed

A resolution to establish a procedure during recesses and adjournments to authorize the production of Senate documents and testimony.

United States · United States Congress · 1 October 1982

Declares that the Joint Leadership Group (consisting of the majority and minority leaders of the Senate, the President pro tempore, and the chairman and ranking minority members of the Committee on the Judiciary and the Committee on Rules and Administration) may authorize, during periods of recess or adjournment, the production of Senate documents, papers, and records and the testimony of Senate Members, officers, and employees concerning their official duties when necessary and consistent with the privileges and rights of the Senate.

Resolution· SCONRESS.Con.Res. 126 (97th)open

A concurrent resolution calling upon the United States Government to support the people of Afghanistan with material assistance in their struggle to be free from foreign domination.

United States · United States Congress · 30 September 1982

Declares that it should be U.S. policy to: (1) support the people of Afghanistan in their struggle to be free from foreign domination; (2) provide the Afghans, upon request, with material assistance; and (3) pursue a negotiated settlement of the war in Afghanistan based on the total withdrawal of Soviet troops and the recognition of the right of the Afghans to choose their own destiny.

Resolution· SRESS.Res. 486 (97th)passed

A resolution expressing the sense of the Senate that the Reserve Officers Association of the United States deserves public recognition upon the sixtieth anniversary of its founding for its dedication to the development of a strong national defense.

United States · United States Congress · 29 September 1982

Expresses the sense of the Senate that the Reserve Officers Association is deserving of public recognition and commendation on the occasion of its 60th anniversary.

Resolution· SRESS.Res. 477 (97th)passed

A resolution to direct the Senate Legal Counsel to represent Senate parties in W. Henson Moore, et. al. v. The United States House of Representatives, et. al. and in Ron Paul v. The United States of America, et. al., Civil Action Nos. 82-2318 and 82-2353, respectively.

United States · United States Congress · 22 September 1982

Directs the Senate Legal Counsel to represent the Senate, the President of the Senate, and the Secretary of the Senate, in the cases of W. Henson Moore, et al. v. The House of Representatives, et al. and Ron Paul v. The United States of America, et al.

Bill· SS. 2902 (97th)open

A bill to define the affirmative defense of insanity and to provide a procedure for the commitment of offenders suffering from a mental disease or defect, and for other purposes.

United States · United States Congress · 14 September 1982

Amends the Federal criminal code to make it an affirmative defense to a Federal prosecution that at the time of the offense the defendant, as a result of mental disease or defect, lacked entirely the ability to understand the nature and the quality of his acts and to distinguish right from wrong. Places the burden of proving insanity on the defendant. Requires the court to hold a hearing to determine the present mental condition of the defendant. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect, rendering him mentally incompetent. Directs the Attorney General to hospitalize such person in a suitable facility. Provides that when the defendant has recovered and is able to understand the nature and consequences of the proceedings against him, the court will order his release and set a date for trial. Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides for the hospitalization of persons found not guilty only by reason of insanity, convicted persons, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect. Allows for discharge when such person is found to have recovered. Requires reimprisonment of any such person for whom a term of prison sentence has not yet expired.

Bill· SS. 2853 (97th)reported

Hatters Fur Tariff Act of 1982

United States · United States Congress · 18 August 1982

Hatters' Fur Tariff Act of 1982 - Amends the Tariff Schedules of the United States to suspend the duty on hatters' fur until December 31, 1985.

Resolution· SRESS.Res. 424 (97th)passed

A resolution authorizing testimony by Roy C. Meyers and Herman Schwartz, and representation by the Senate Legal Counsel in the cases of William P. Tavoulareas, et al. v. The Washington Post Co., et al. and William P. Tavoulareas, et al. v. Philip Piro, Civil Action Nos.80-3032, 80-2387.

United States · United States Congress · 13 July 1982

Directs the Senate Legal Counsel to represent a Senate employee and a former Senate employee in the cases of William P. Tavoulareas, et al. v. The Washington Post Co., et al. and William P. Tavoulareas, et al. v. Philip Piro. Authorizes the employees to testify in the cases, except concerning matters determined privileged from disclosure.

Resolution· SRESS.Res. 420 (97th)passed

A resolution to authorize production of documents and testimony by a former Senate employee and representation by the Senate Legal Counsel in Impro Products, Inc. V. John B. Herrick, et. al.

United States · United States Congress · 29 June 1982

Directs the Senate Legal Counsel to represent a named Senate employee in connection with the case of Impro Products, Inc. v. John B. Herrick, et al. Authorizes the employee to testify and produce documents in such case, except with respect to matters determined privileged from disclosure.

Bill· SJRESS.J.Res. 204 (97th)referred

A joint resolution to commemorate the travels of William Bartran.

United States · United States Congress · 22 June 1982

Provides that significant route segments and sites recognized as identifiable with William Bartram and his travels be distinguished by suitable markers. Authorizes the Secretary of the Interior to accept donations of such suitable markers for placement at appropriate locations.

Resolution· SCONRESS.Con.Res. 102 (97th)passed

A concurrent resolution providing for an adjournment of the Senate from May 27, 1982, May 28, 1982, or May 29, 1982 until June 8, 1982, and giving the consent of the Senate to an adjournment of the House for more than three days.

United States · United States Congress · 27 May 1982

Provides for an adjournment of the Senate from May 27, 28, or 29 through June 8, 1982, and for the House of Representatives from May 27 through June 8, 1982, or terminating any day before that day as determined by the House.

Bill· SS. 2572 (97th)open

Violent Crime and Drug Enforcement Improvements Act of 1982

United States · United States Congress · 26 May 1982

Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Title II: Witness-Victim Protection - Witness Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit these offenses. Grants general authority to the Attorney General to relocate or protect Government witnesses. Authorizes the Attorney General to initiate civil proceedings to restrain tampering with a witness or victim. Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims to ensure all victims of crime are justly compensated. Title III: Controlled Substances Penalties - Controlled Substances Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Title IV: Protection of Federal Officials - Amends the Federal criminal code to make it a Federal crime to kill, assault, or kidnap a cabinet officer or second ranking official in each executive department, Director or Deputy Director of Central Intelligence, U.S. Supreme Court justice or nominee, or senior presidential or vice presidential adviser. Includes as a Federal crime any attempt or conspiracy to commit such offenses. Title V: Sentencing Reform - Sentencing Reform Act of 1982 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Title VI: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for payment for information or assistance leading to forfeiture. Terminates this program on September 30, 1984. Title VII: Offenders With Mental Disease or Defect - Authorizes a special verdict of "not guility only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title VIII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title IX: - Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities. Expands explosives offenses to cover arson. Permits administrative forfeiture procedures for property valued at less than $100,000. Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in or on or within 1,000 feet of, an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the Federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.

Bill· SS. 2562 (97th)open

Federal Energy Reorganization Act of 1982

United States · United States Congress · 24 May 1982

Federal Energy Reorganization Act of 1982 - Title I: Findings and Purposes; Definitions - Sets forth the findings and purposes of this Act and the definitions of terms used in this Act. Title II: Transfers of Functions - Transfers to the Secretary of Commerce specified functions of the Secretary of Energy and the Department of Energy, including functions with respect to: (1) nuclear energy; (2) geothermal energy; (3) solar energy; (4) electric and hybird vehicle research and development; (5) automotive propulsion research and development; (6) magnetic fusion engineering; (7) wind energy; (8) ocean thermal energy conversion; (9) methane transportation; (10) university coal research laboratories and energy resource graduate fellowships; (11) naval petroleum reserves; (12) energy conservation; (13) a medical care program for certain Marshall Islanders; (14) a comprehensive energy plan for insular areas; (15) regulation of public utilities; (16) fuel supplies; (17) import and export of natural gas; (18) oil pipelines; (19) establishment and implementation of international energy policies; and (20) integration of foreign and domestic energy policy. Transfers to the Secretary of the Interior all functions of the Secretary of Energy and the Department of Energy with respect to: (1) the sale of electric power from reservoir projects; (2) the Southeastern Power Administration, the Southwestern Power Administration, the Alaska Power Administration, the Bonneville Power Administration, and the Western Area Power Administration; (3) the Outer Continental Shelf Lands Act Amendments and any other authority of the Secretary of Energy relating to the award or administration of Federal leases; (4) the confirmation and approval of rates for the sale of Federal power; (5) authorities formerly exercised by the Bureau of Mines relating to research and development of increased efficiency of production technology of solid fuel minerals; and (6) research and development of alternative coal mining technologies. Transfers to the Secretary of Agriculture all functions of the Secretary of Energy and the Department of Energy with respect to biomass energy development and the tax on special fuels. Transfers to the Attorney General all functions of the Secretary of Energy and the Department of Energy under the Emergency Petroleum Allocation Act of 1973. Reserves the conduct of litigation arising from any function or authority transferred under this Act to the Department of Justice. Title III: Organization of Energy and Defense Program Functions - Establishes within the Department of Commerce a Deputy Secretary for Defense Programs and a Deputy Secretary for Energy. Requires the Deputy Secretary for Defense Program to perform nuclear-related functions that support the Department of Defense in meeting its defense objectives, including: (1) defense-related intelligence activities; (2) management and implementation of the national security and nuclear weapons programs; and (3) functions of the Department of Energy with respect to the Military Liaison Committee. Requires that such Deputy Secretary advise the President on all matters related to nuclear weapons which are the responsibility of the Department of Commerce. Provides that the Deputy Secretary for Energy shall perform functions relating to: (1) domestic and international energy policy formulation and implementation; (2) energy emergency planning; (3) energy planning and analysis; (4) regulatory functions transferred to the Department of Commerce by this Act; (5) nuclear nonproliferation responsibilities transferred by this Act; (6) civilian nuclear power; (7) naval nuclear propulsion; (8) long-term basic and applied energy research, development, and demonstration; (9) energy conservation; (10) alternate or renewable energy sources; and (11) fossil fuel technology. Provides for the appointment of two Associate Deputy Secretaries and six Assistant Secretaries to assist the Deputy Secretary for Defense Programs and the Deputy Secretary for Energy in performing their functions. Establishes within the Department a Division of Naval Reactors which shall perform the research, design, development, health, and safety functions relating to naval nuclear propulsion and assigned civilian power reactor programs vested in the Secretary by this Act. Provides that the Division of Military Application, which shall perform functions relating to nuclear weapons research, development, testing, and production, shall be in the Department. Title IV: Energy Information and Strategic Planning - Establishes within the Department of Commerce a Bureau of Energy Information which shall carry out a comprehensive energy data and information program. Requires that information collected by the Bureau be catalogued and made available to the public upon request. Requires that the Secretary of Commerce give the highest priority to collection of energy information requested by the Federal Energy Regulatory Commission. Provides for the appointment of an Assistant Secretary for Strategic Planning who shall be responsible for Department activities relating to strategic materials and industrial mobilization that were under the Department's authority before the enactment of this Act. Title V: Federal Energy Regulatory Commission - Federal Energy Regulatory Commission Act - Provides for the Federal Energy Regulatory Commission to continue as an independent regulatory agency. Transfers to the Commission specified functions of the Secretary of Energy and the Department of Energy under or with respect to: (1) the Federal Power Act; (2) the Natural Gas Act; (3) the Natural Gas Policy Act of 1978; (4) the establishment of rates for pipeline transportation of oil or the valuation of such a pipeline; and (5) the Public Utility Regulatory Policies Act of 1978. Gives the Commission jurisdiction over any other matter which, after public notice, the Secretary of Commerce may assign to the Commission pursuant to this Act. Sets forth the Commission's authority under this Act. Provides for judicial review of Commission actions. Title VI: Administrative Provisions-Subtitle A: Personnel Provisions - Sets forth the authority of the Secretary of Commerce with respect to the appointment of officers and employees necessary to carry out the functions transferred to the Secretary by this Act. Subtitle B: General Administrative Provisions - Sets forth the authority which the Secretary of Commerce may exercise in carrying out the functions transferred to him or by this Act. Authorizes appropriations to carry out the transfers authorized by this Act. Title VII: Transitional, Savings, and Conforming Provisions - Sets forth the requirements for the transfer and allocations of appropriations and personnel in connection with the functions of the Department of Energy and the Secretary of Energy transferred by this Act. Sets forth savings provisions and makes technical and conforming amendments. Repeals the Department of Energy Organization Act. Title VIII: Effective Date and Interim Appointment - Sets forth the effective date of this Act. Provides for the interim appointment of officers until offices required by this Act have been filled.

Resolution· SRESS.Res. 396 (97th)passed

A resolution to authorize testimony by Staff and production of documents of the Committee Small Business and representation by the Senate Legal Counsel.

United States · United States Congress · 21 May 1982

Authorizes testimony by named Senate employees concerning the investigation by the Committee on Small Business of procurement practices at the Small Business Administration, in response to requests by the Department of Justice or subpoenas issued by a proper court. Authorizes the Chairman of the Committee on Small Business to produce documents and materials relating to the investigation, except those determined privileged from disclosure. Directs the Senate Legal Counsel to represent the Committee and the named employees with respect to such investigation.

Resolution· SRESS.Res. 383 (97th)passed

A resolution to authorize deposition testimony by Senator William Proxmire and representation by the Senate Legal Counsel

United States · United States Congress · 29 April 1982

Directs the Senate Legal Counsel to represent Senator William Proxmire in connection with his testimony in the case of Charles G. Rebozo v. The Washington Post Company. Authorizes the Senator to testify at a deposition in such case, except concerning matters determined privileged from disclosure.

Resolution· SRESS.Res. 380 (97th)passed

A resolution to amend paragraph 2 of Rule XXV and to make certain majority party committee appointments.

United States · United States Congress · 27 April 1982

Amends rule XXV of the Standing Rules of the Senate to increase the membership of the Committees on Agriculture, Nutrition, and Forestry and on Governmental Affairs for the remainder of the 97th Congress. Assigns Senator Hatch of Utah to the Committee on Agriculture, Nutrition, and Forestry, and Senator Schmitt of New Mexico to the Committee on Governmental Affairs.

Resolution· SRESS.Res. 372 (97th)passed

A resolution to authorize production of documents in Rose Hall, Ltd., et. al. v. Chase Manhattan Overseas Banking Corp. and Holiday Inns, Inc., C.A. No.79-182.

United States · United States Congress · 22 April 1982

Authorizes Senators William V. Roth, Jr., and Joseph R. Biden, Jr., and former Senator Richard S. Schweiker to produce documents sought by subpoenas to them in the case of Rose Hall, Ltd., et al. v. Chase Manhattan Overseas Banking Corp. and Holiday Inns, Inc.

Bill· SS. 2309 (97th)open

Endangered Species Act Amendments of 1982

United States · United States Congress · 30 March 1982

Endangered Species Act Amendments of 1982 - Amends the Endangered Species Act of 1973 to add the term "experimental population" to the definitions. Defines such term as a population of an endangered or threatened species that: (1) has been transported and released outside of the current range of the species to further its conservation; and (2) is wholly separate geographically from nonexperimental populations of the species. Provides for the treatment of experimental populations as threatened species. Requires the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested) to issue protective regulations for such species. Increases the limit on the Federal share of costs of conservation programs for endangered and threatened species developed by States pursuant to cooperative agreements between the States and the Secretary. Prohibits the Secretary of the Interior from making less restrictive the regulations applicable to any threatened species over which program responsibilities are vested in the Secretary of Commerce without a prior favorable determination by the Secretary of Commerce. Requires the Secretary, to the maximum extent prudent and determinable, to designate the critical habitat of any endangered or threatened species concurrent with the determination of the status and the listing of the species. Deletes the requirement that the Secretary conduct a review of the status of a species before making a determination of whether the species is endangered or threatened. Requires the Secretary to review regularly the status of all species identified as in danger of extinction and determine whether to propose such such species for listing as endangered or threatened. Provides that upon receipt of a petition to add a species to, or remove a species from, the endangered or threatened species list, the Secretary shall determine and publish a finding whether the petition presents substantial scientific information that such addition or removal is warranted, in addition to conducting and publishing a review of the status of the species as required under current law. Revises the notice requirements with respect to the proposal by the Secretary of regulations relating to the determination of the status and listing of endangered or threatened species. Eliminates the review board established to consider Federal agency and permit or license applicants' applications for exemptions for agency actions likely to jeopardize endangered or threatened species or their habitats. Provides for the Secretary to review, and report to the Endangered Species Committee on, such exemption applications in place of the review board. Reduces from 60 days to 20 days the time available to make the initial determination concerning the exemption applicant's eligibility for the exemption. Reduces from 180 days to 150 days the time period within which the Secretary must complete a report on: (1) the availability of alternatives to the agency action involved; (2) the evidence as to whether the action is in the public interest or is of national or regional significance; (3) appropriate reasonable mitigation and enhancement measures which should be considered; and (4) whether the Federal agency involved and the exemption applicant refrained from making irreversible or irretrievable commitments of resources prohibited by the Endangered Species Act of 1973. Reduces from 90 days to 30 days the time within which the Committee must determine whether to grant an exemption after receiving the Secretary's report. Prohibits the Committee from granting an exemption for an agency action if the Federal agency or the exemption applicant made an irreversible or irretrievable commitment of resources prohibited by such Act. Provides that when an agency, a permit or license applicant, and the Secretary agree to extend the consultation period for determining whether an agency action is likely to jeopardize an endangered or threatened species or its habitat, the Secretary shall specify the information required to complete the consultation and the date on which the biological opinion will be completed. Provides that in addition to exempted agency actions, activities within the scope of an agency action which will promote the conservation of a listed species or critical habitat or which will not jeopardize a listed species or critical habitat shall not be considered a taking of any endangered or threatened species. Requires the Secretary to determine on the basis of the best available biological information derived from reliable wildlife management practices: (1) whether the export or introduction of any specimen of a species included in appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora will be detrimental to the survival of that species; and (2) whether the export of such specimens should be limited. Provides that the Secretary shall not be required to use population estimates in making such determinations when such estimates are not the best available biological information derived from reliable wildlife managment practices. Authorizes the Attorney General to seek to enjoin any person alleged to be in violation of the Endangered Species Act of 1973. Authorizes appropriations for FY 1983 through 1985 to carry out the Endangered Species Act of 1973.