United States · United States Congress · 30 September 1982
Immigration Emergency Act - Authorizes the President to declare an immigration emergency if in his judgment: (1) a substantial number of undocumented aliens from a designated country (countries) or geographic area (areas) are ready to leave for the United States, or have already done so; and (2) the normal procedures and resources of the Immigration and Naturalization Service would be inadequate to handle the influx of these aliens. Requires the President to explain such action to the Speaker of the House and the President pro tempore of the Senate within 48 hours. Terminates such emergency period after 120 days unless ended sooner or extended by the President. Authorizes the President during an immigration emergency to: (1) prevent U.S. vessels, vehicles, or aircraft from traveling to designated countries or areas; (2) prevent inadmissible aliens from arriving by requiring their return or their vessel, vehicle, or aircraft's return to a suitable country or area; (3) exempt executive instrumentalities from additional specified environmental requirements for up to one year; and (4) designate one or more Federal agencies including the military to carry out these emergency powers (once they are invoked by the President). Requires an alien to be detained pending a final determination of admissibility. Permits the Attorney General to transfer such detained aliens at any time. Limits judicial review of the Attorney General's detention and transfer authority to habeas corpus questions of whether a particular person is within the category of aliens subject to detention. Grants search and seizure and disaster authority to agencies enforcing this Act. Prohibits U.S. conveyances to travel to, or within specified distances of, designated countries or areas during an immigration emergency without prior executive approval. Provides penalties for violations, including fines, forfeiture, and imprisonment. Provides that violations of the Immigration and Nationality Act committed during an immigration emergency may be investigated by the Federal Bureau of Investigation, the Immigration and Naturalization Service, the Coast Guard, or any component of the Department of the Treasury. Amends the Immigration and Nationality Act to increase the fine for unlawfully bringing aliens into the United States. Permits the seizure of a vessel or aircraft so involved. Authorizes up to $35,000,000 for purposes of this title.
United States · United States Congress · 29 September 1982
National Debt Retirement Act of 1982 - Amends the Federal Property and Administrative Services Act of 1949 to require the cash proceeds from the transfer, lease, or disposal of surplus government property, with specified exceptions, to be deposited into the general fund of the Treasury and used solely to retire the national debt.
United States · United States Congress · 11 August 1982
Prohibits any executive agency from obligating, during the last two calendar months of FY 1983, 1984, or 1985, more than 20 percent of its total controllable budgetary resources, as defined by this Act, for such fiscal year. Authorizes the Director of the Office of Management and Budget to waive such spending limitation upon determining that it would seriously disrupt an agency program or operation, if the Director reports on such waiver to Congress before the agency violates such limitation. Requires the head of each agency to submit a report to the President and the Congress not later than 90 days after the close of each such fiscal year describing the department's or agency's compliance with this Act. Permits the Director to apportion annual appropriations and set aside reserves in a manner consistent with the purposes and requirements of this Act. Exempts reserves established to comply with a spending limitation under this Act from reporting requirements of the Impoundment Control Act of 1974.
United States · United States Congress · 11 August 1982
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the termination of an individual's disability benefits on the grounds that the individual's disability has ceased or did not exist, unless the Secretary of Health and Human Services finds that: (1) there has been a medical improvement in the individual's impairment such that the individual is no longer disabled under the disability standards in effect at the time of the original disability determination; or (2) the original disability determination was clearly erroneous under the disability standards in effect at the time it was made. Makes such requirement inapplicable in the case of an individual who has demonstrated an ability to engage in substantial gainful activity. Provides that subsequent reviews of a disability determination following an initial review for purposes of determining the continuing eligibility of beneficiaries who become entitled in October 1982 and thereafter shall be at the discretion of the State agency or the Secretary, as appropriate. Requires that such individuals be notified when subsequent reviews of disability determinations are scheduled. Limits the number of reviews of disability determinations for purposes of continuing eligibility which the Secretary may conduct for individuals who become entitled to disability benefits before October 1982, but authorizes the Secretary to review, at his or her discretion, selected cases to the extent that such review will be cost-effective and that adequate personnel and time are available for such review. Permits a disability insurance beneficiary who has been found to be no longer entitled to disability benefits to elect to have such benefits continued until the disability determination has been affirmed or overturned on appeal or until the time for such an appeal has expired. Provides that benefits paid pursuant to such an election shall be considered overpayments if the decision after a hearing affirms the determination that the individual involved is no longer entitled to benefits.
United States · United States Congress · 11 August 1982
Amends the Internal Revenue Code to revise requirements for the deduction of expenses incurred in attending a convention, seminar, or other meeting held on a domestic cruise ship and to extend eligibility for such deduction to a foreign cruise ship in specified Caribbean Basin countries. Permits the President to disqualify countries under certain conditions.
United States · United States Congress · 4 August 1982
Humane Care and Development of Substitutes for Animals in Research Act - Title I: Development of Improved Research and Testing Methods - Authorizes the Secretary of Health and Human Services to make awards to sponsor research and development of scientific testing methods which eliminate the use of live animals, reduce the number of live animals required, or limit animal pain and distress. Requires that applications and proposals for such awards be assessed through peer review procedures. Requires the Secretary to designate an Advisory Panel to: (1) give advice on his or her responsibilities under this Act; (2) make recommendations on specific opportunities or problems regarding research support of nonanimal testing; and (3) set up a system for insuring that applications or proposals meeting the requirements of this title receive full consideration for funding by the Department or for funding under this title. Makes funds for making awards under this title available through the allocation of research resources within the Department. Provides that the Secretary, consulting with the Environmental Protection Agency and other regulatory and scientific research agencies, shall direct the National Institutes of Health, the Food and Drug Administration, and the National Toxicology Program to: (1) promote new nonanimal testing methods; (2) evaluate existing nonanimal methods; (3) enhance and integrate data systems for more efficient use of test data involving animals; and (4) develop new methodologies for the toxicology data systems. Requires the Secretary to report to the Speaker of the House of Representatives and the President of the Senate on progress under this Act within two years after enactment of this Act and biennially thereafter. Title II: Federal Award Requirements - Requires that a research entity be accredited by a recognized accrediting agency in order to be eligible to receive a Federal award for testing involving a large number of animals. Requires the Secretary to designate accrediting agencies which: (1) are able to ascertain the qualifications of research entities to conduct testing involving animals; (2) have an accreditation system; (3) have a system for routine inspection of laboratory animal facilities at accredited research entities; (4) have established a set of standards for acceptable animal care, treatment, and use in experimental procedures; and (5) have established a mechanism for liaison with the institutional animal studies committees in accredited research entities and for the involvement of such committees in monitoring compliance with the accreditation standards. Requires research entities to comply with accreditation standards ten years after the date of enactment of this Act. Authorizes provisional accreditation in the interim period. Provides for the establishment of a Federal accreditation mechanism if there are no private agencies to carry out such functions. Provides that in order to be eligible for a Federal award for testing involving large numbers of animals, a research entity must provide to the responsible Federal agency a statement of assurances that: (1) the research entity has established an institutional animal studies committee; (2) the committee will meet regularly, make periodic inspections of all animal study areas and facilities of the research entity, review research methods and practices, and file with the responsible Federal agency certification that such inspections and reviews have occurred and reports on deficient animal care or treatment conditions; (3) the committee will maintain complete records of its activities; (4) committee members will be encouraged to notify the Animal and Plant Health Inspection Service of the Department of Agriculture, the responsible Federal agency, and the applicable accrediting agency of any unacceptable animal care conditions with respect to the research entity; and (5) the committee will establish courses, for personnel involved with animal care and use, on humane animal maintenance and experimentation and on research or testing methods that minimize animal use and animal distress. Requires that Federal support be withheld where animal care conditions are unacceptable despite notification to the research entity. Requires research entities to inform their employees of the provisions under this title and to instruct employees to report violations to the animal studies committee. Authorizes the Secretary to waive accreditation requirements under certain circumstances. Directs the Secretary to facilitate agency compliance with this title through the establishment of an information clearinghouse on animal research methods and models. Title III: Special Procedures - Prohibits Federal agency approval of a research proposal involving animal use, unless such proposal justifies any anticipated animal distress in terms of research benefits and provides for the consulting services of a veterinarian, the proper use of tranquilizers, analgesics, anesthetics, and paralytics, appropriate pre- and postsurgical care, and the limited use of animals in major operations. Makes regulations promulgated under this Act ineffective if disapproved by either House of Congress within 60 days after proposal. Title IV: Exemption - Exempts from the requirements of this Act: (1) activities intended to improve animal health, breeding, or management or wild animal conservation; and (2) specific experiments or research programs for which such requirements would present national security risks or risks to the safety of manned space flight. Title V - Terminates all authority conferred by this Act ten years after enactment.
United States · United States Congress · 13 July 1982
Amends the Federal criminal code to abolish the defense of insanity. Provides that insanity at the time of an offense will not negate the mental state or condition required by law to convict a defendant, provided that the defendant was able to understand the nature and consequences of the offense. Places upon the defendant the burden to prove a lack of comprehension of the nature of his offense which is necessary to excuse him from trial. Requires a judge to commit to the appropriate medical institution any defendant so excused. Allows the court to commit a convicted defendant to an appropriate institution for medical assistance, until the defendant is declared sane by the medical authorities at the institution. Requires any remainder of a sentence to be served in prison.
United States · United States Congress · 13 July 1982
Directs the Secretary of Commerce to give adequate public notice of any intention to close or consolidate a weather service office. Sets forth factors the Secretary must consider in deciding to close or consolidate, including the effect on the community served and the economic savings to the National Weather Service. Permits the appeal of a closing by any person served by the office to the Federal Committee for Meteorological Services and Supporting Research.
United States · United States Congress · 24 June 1982
Amends the Internal Revenue Code to extend the targeted jobs tax credit from 1982 to 1987. Treats as members of a targeted group certain individuals who either: (1) exhausted rights to extended unemployment compensation during 1982 or 1983; or (2) exhausted rights to regular benefits during 1982 or 1983 and who are eligible for trade readjustment allowances. Repeals the requirement that youths participating in qualified cooperative education programs be economically disadvantaged. Sets forth special rules for the treatment of reemployed individuals.
United States · United States Congress · 22 June 1982
Amends the Internal Revenue Code to authorize the Secretary of the Treasury to prescribe regulations exempting retirees or individuals over age 65 from interest penalties with respect to any underpayment of estimated tax. Requires that such underpayment be due to reasonable cause (defined to include mistake or ignorance of the law) and not to willful neglect.
United States · United States Congress · 22 June 1982
Expresses the sense of Congress that legislation should be proposed and enacted to: (1) establish parity between the compensation of Government Printing Office (GPO) employees and the compensation of other Federal employees performing similar work; (2) fix the wages of GPO employees in accordance with the prevailing wage rate system applicable to executive branch employees; and (3) strengthen the Public Printer's ability to manage without infringing on the oversight responsibilities of the Joint Committee on Printing.
United States · United States Congress · 10 June 1982
Amends the Internal Revenue Code to allow individuals to designate one dollar of their income tax liability to be used for the purpose of reducing the public debt of the United States.
United States · United States Congress · 7 June 1982
Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to prohibit the inclusion of the disbursements from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund and of the receipts from the old age, survivors and disability insurance taxes and the hospital insurance taxes on self-employment income, employees, and employers in the totals of the Federal budget. Exempts such disbursements and receipts from any general statutory limitation on Federal budget outlays.
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 who 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 who 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 that 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, the second ranking official in each executive department, the Director or Deputy Director of Central Intelligence, a U.S. Supreme Court justice or nominee, or a 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 guilty 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 or her official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in, 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.
United States · United States Congress · 21 May 1982
Amends the Internal Revenue Code to increase the allowable amount of the income tax deduction for eliminating architectural and transportation barriers for the handicapped and aged from $25,000 to $100,000. Makes such tax deduction permanent.
United States · United States Congress · 19 May 1982
High Technology Trade Act of 1982 - Authorizes the President to enter into bilateral or multilateral agreements to obtain the maximum openness with respect to international trade in high technology and to strengthen the international trading system. Lists policies that may be included in such agreements. Authorizes the President to: (1) proclaim changes in tariffs on high technology products; and (2) use procedures contained in the Trade Act of 1974 to change U.S. laws in order to carry out such agreements. Directs the President to determine whether certain key countries are providing national treatment for U.S. exports of high technology products and U.S. investments in high technology industries. Directs the President to enter into consultations with countries that the President determines are not providing national treatment. Directs the President to consider taking other appropriate actions if such consultations are not effective. Directs the Secretary of Commerce, in consultation with the High Technology Industry Advisory Committee, to report annually to Congress on: (1) the extent to which a key country uses industrial policies or measures which significantly distort international trade or investment and which have or may have a substantial adverse effect on the U.S. high technology industry; and (2) the steps which the President is taking or proposes to take to remedy such adverse effects. Sets forth the scope of the analysis to be included in such report. Directs the President to take whatever steps are necessary to eliminate or offset the adverse effects of foreign industrial practices that: (1) significantly distort international trade or investment harmful to the U.S. high technology industry; or (2) may result in sales of articles at less than fair market value in the United States or subsidization of articles imported into the United States and cause, or threaten to cause, material injury to any U.S. high technology industry. Directs the Secretary to establish a mechanism to analyze high technology trade and investment patterns in key countries, to evaluate competitive opportunities offered in foreign markets, and to further the objectives of this Act. Directs the United States Trade Representative (USTR) and the Secretary, after consultation with the High Technology Industry Advisory Committee, to report annually to the President on the foreign trade practices which: (1) violate U.S. international agreements; or (2) are unjustifiable and a burden on U.S. high technology products, services, or investments. Directs the President to consider what action may be taken to reduce or eliminate such measures. Directs the Secretary and the USTR to establish a High Technology Industry Advisory Committee and to consult with the Committee on actions under this Act relating to: (1) preparing negotiating positions; (2) concluding agreements; (3) imposing restrictions; or (4) monitoring the results of any such agreement or restriction. Defines terms used in this Act. Amends the Trade Act of 1974 to authorize the President to impose import restrictions on foreign direct investments in the United States if the President determines such action is appropriate to enforce U.S. rights under trade agreements or to respond to certain foreign trade practices. Requires the USTR to provide for certain consultations before recommending such restrictions to the President.
United States · United States Congress · 19 May 1982
Retirement Savings Incentive Act of 1982 - Amends the Internal Revenue Code to allow a nondeductible $2,000 excess contribution to individual retirement accounts and individual retirement annuities and bonds.
United States · United States Congress · 13 May 1982
Armed Robbery and Burglary Prevention Act - Amends the Federal criminal code to provide a mandatory sentence of imprisonment for not less than 15 years and a fine of not more than $10,000 for a third or subsequent armed robbery or burglary.
United States · United States Congress · 13 May 1982
Expresses the sense of the House of Representatives that: (1) the House should not consider legislation which would reduce benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to be paid in FY 1983; and (2) the House should actively consider legislation to remove the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from the totals of the Federal budget.
United States · United States Congress · 12 May 1982
Requires that, unless otherwise provided by law or by Treasury regulations, a lessor of motor vehicles (including trailers) be permitted to continue to treat such property as depreciable property without regard to the presence in a lease of a terminal adjustment clause.
United States · United States Congress · 11 May 1982
Amends the Bankruptcy Code to provide that educational loans which are not dischargeable in bankruptcy liquidation shall not be dischargeable in an adjustment of debts in a bankruptcy of an individual with regular income.
United States · United States Congress · 11 May 1982
Amends the Internal Revenue Code to provide for the collection of defaulted Federal student loans by offset against income tax refunds of those individuals found to be in default on such loans. Defines "Federal student loan" for purposes of this Act. Sets forth special rules with respect to joint returns and fiscal year taxpayers. Requires the Secretary of the Treasury to: (1) notify the Secretary of Education of the amounts collected with respect to any loan to any individual; and (2) transfer such amounts to the Secretary of Education as is necessary to reimburse the entity or fund to which such loan is repayable. Requires that such notification and transfer be made not less often than monthly.
United States · United States Congress · 6 May 1982
Independent Contractor Tax Classification and Compliance Act of 1982 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of the tax on employment income. Treats an individual as an independent contractor if such individual: (1) controls the total number and scheduling of his work hours; (2) has no principal place of business provided rent-free by the service-recipient; (3) has substantial investment in his business (excluding vehicles) and earns income based upon sales or output rather than upon number of hours worked; and (4) performs services under a written contract and is provided written notice of his responsibilities with respect to income and self-employment taxes. Provides that the criteria established by this Act shall not be applicable to agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen who are statutorily designated as employees for purposes of social security taxation. Sets forth special rules for: (1) contracts entered into before January 1, 1983; and (2) determining control of scheduling work hours. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his service is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires a recipient of an independent contractor's services to file an information return disclosing payments made to such individual in excess of $600 per year. Requires persons who sell over $5,000 in consumer products to buyers on a buy-sell, deposit-commission, or similar basis to file a similar return. Permits an election to file such returns in certain circumstances. Requires individuals who file such information returns to furnish to persons with respect to whom such information is reported written statements which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Requires the payment of a surcharge for multiple violations. Requires the withholding of tax on certain persons where the identifying number is incorrect or missing on any return filed by a service-recipient. Sets forth effective dates and transitional rules for provisions of this Act.
United States · United States Congress · 6 May 1982
Housing and Automobile Industries Recovery Act of 1982 - Title I: Exemption for the Purchase of Certain Bonds by Employee Pension Benefit Plans - Provides a temporary exemption from certain provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code relating to prohibited transactions for the purchase of certain bonds sold to fund residential mortgages and domestic motor vehicle loans. Title II: Interest Reduction Payments - Provides for interest reduction payments by the Secretary of Housing and Urban Development to assist with the financing of the purchase of certain residences and domestic motor vehicles. Sets forth: (1) requirements and restrictions for eligible loans and mortgages; and (2) guidelines for the allocation of such payments. Authorizes appropriations for FY 1982 through 1988 to carry out this title. Prohibits the Secretary from making any commitments to make interest reduction payments under this title after August 31, 1983.
United States · United States Congress · 29 April 1982
Expresses the sense of the Congress that if Israel is illegally denied its right to participate in the United Nations General Assembly or in any specialized agency of the United Nations the United States should: (1) suspend its participation in the General Assembly or specialized agency; and (2) withhold its assessed contribution to the United Nations or specialized agency until the illegal action is reversed.
United States · United States Congress · 27 April 1982
Directs the Secretary of Transportation to make grants to States which adopt and implement programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol. Limits the receipt of such grants to three fiscal years and sets forth the Federal share payable for each successive year. Requires the Secretary to establish criteria for the grants based on areas of consideration provided under this Act. Authorizes appropriations from the Highway Trust Fund for fiscal years 1983 through 1985. Directs the Secretary to issue regulations to implement such traffic safety programs after a period for public comment. Sets the effective date of such regulations, unless they are disapproved by either House of Congress.
United States · United States Congress · 22 April 1982
Expresses the sense of Congress that the Secretary of Commerce should establish standards and procedures, including an opportunity for public comment, before any weather station or weather service office of the National Weather Service is closed or its personnel reduced.
United States · United States Congress · 21 April 1982
Omnibus Congressional Compensation Reform Act of 1982 - Amends the Legislative Reorganization Act of 1946 to eliminate the annual adjustment in compensation for Members of Congress. Amends the Federal Salary Act of 1967 to make the President's recommendation for congressional salaries of an advisory nature only, unless otherwise provided by law. Provides that the annual rate of pay for Members of Congress shall be the rate payable on the date of enactment of this Act. Repeals the provision of law which authorizes permanent appropriations for compensation for Members. Amends the Internal Revenue Code of 1954 to require Members to substantiate their living expense deductions. Directs that any increase in compensation, tax benefits, or increase in outside earned income limitations (including honoraria) shall take effect at the beginning of the Congress following the Congress during which such benefits are authorized. Amends rule VIII of the Rules of the House of Representatives and rule XII of the Standing Rules of the Senate to require a recorded vote on such types of legislation. Makes it out of order in the House or Senate to consider such legislation if it contains items other than those relative to congressional benefits.
United States · United States Congress · 6 April 1982
Amends the Internal Revenue Code to allow a State, at its option, to enter into an agreement with the Secretary of the Treasury and the Secretary of Labor under which the State shall: (1) collect the tax imposed by the Federal Unemployment Tax Act; (2) retain a specified portion of such tax to be used for the administration of the State's unemployment compensation law and public employment offices; and (3) pay to the Treasury the remaining portion of such tax not retained. Allows a State to deposit any unexpended funds into its unemployment fund for use in payment of unemployment compensation. Requires the Secretary of the Treasury and the Secretary of Labor to enter into such an agreement unless: (1) the Secretary of Labor determines that a State does not have an unemployment compensation law which meets the requirements of Federal law; or (2) the Secretary of the Treasury determines that the State is not able to properly collect and pay over the required employment tax. Authorizes the Secretaries to declare a State to be in violation of such arragement if either should determine that the State is not meeting the requirements of this Act. Provides that a refusal to enter into an agreement and a declaration of violation shall be subject to administrative and judicial review. Provides tax penalties for any violation of such an agreement. Provides that any State entering into such an agreement shall not be eligible to receive payments under title III or title IX of the Social Security Act or under the Wagner-Peyser Act. Amends the Internal Revenue Code and titles III and IX of the Social Security Act to allow States, at their option, to maintain and manage their own unemployment funds.
United States · United States Congress · 5 April 1982
Amends the Internal Revenue Code to increase: (1) from $20,000 to $35,000 per calendar quarter the aggregate amount of wages paid; and (2) from ten to 15 the total number of employees required in order for an employer of agricultural labor to incur Federal unemployment tax liability. Provides for an annual cost-of-living adjustment for the aggregate wage amount.
United States · United States Congress · 1 April 1982
Amends the Internal Revenue Code to set forth special temporary rules for the taxation of life insurance companies for 1982 and 1983. Revises provisions relating to policies reinsured under modified coinsurance contracts. Specifies that prescribed policy and other contract liability requirements shall not include interest payable after enactment of this Act by a reinsured to a reinsurer in connection with a coinsurance contract. Revises the method of computing the tax deductions for: (1) dividends to policyholders; (2) certain nonparticipating contracts; and (3) certain accident, health insurance, and group life insurance plans. Revises the method of determining adjusted life insurance reserves. Revises the method of computing the policyholder's share of investment yield, life insurance company taxable income, and net capital gain for companies filing consolidated returns. Specifies that the above method shall not apply to certain contract computations in effect before 1982. States that the determination for taxable years before 1982 as to whether a contract is a coinsurance contract shall be made solely by reference to the terms of the contract.
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 · 30 March 1982
Federal Employees Health Benefits Plan Amendments of 1982 - Prohibits the Office of Personnel Management from entering into a contract for a discriminatory health benefits plan for Federal employees. Requires that Federal health plans: (1) include all benefits currently authorized as well as nervous and mental disorder benefits and alcoholism and substance abuse treatment and rehabilitation benefits; (2) provide equal coverage and benefits regardless of the nature of illness; and (3) pay all reasonable and customary expenses for medically or psychologically necessary treatment exceeding a specified amount to be paid by the enrollee.
![Official portrait of Rep. Bafalis, L. A. (Skip) [R-FL-10]](https://www.congress.gov/img/member/b000029_200.jpg)