United States · United States Congress · 1 October 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.
United States · United States Congress · 28 September 1982
Comprehensive Victim and Witness Protection and Assistance Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain: (1) information concerning any harm or loss suffered by the victim; (2) information that may aid the court in sentencing; (3) a statement of the circumstances of the commission of the offense; and (4) any prior criminal record of the defendant. Amends the Federal criminal code to establish as offenses "tampering with a witness or an informant" and "retaliating against a witness or an informant." Authorizes the Attorney General to initiate civil proceedings to restrain any harassment of a victim or witness. Authorizes a sentencing court to order the defendant to make restitution. Requires the court to state for the record the reasons for not ordering restitution. Prescribes a procedure for the issuance of restitution orders. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims and witnesses. Requires the Attorney General to consider certain objectives in preparing the guidelines, including: (1) ensuring that victims receive prompt social and medical services; (2) giving victims and witnesses notice of important criminal justice proceedings and scheduling changes; (3) arranging for the prosecution to obtain the nonbinding views of victims of serious crimes during such stages as plea bargaining and pretrial release; (4) encouraging employers to continue to pay victims and witnesses for work absences to assist investigations and prosecutions; (5) training law enforcement personnel in victim assistance; and (6) informing victims or witnesses on legal steps for protection from intimidation. Directs the Attorney General to recommend to Congress any laws that are necessary to ensure that no Federal felon derives any profit from the sale of his or her story until any victim of the offense receives restitution. Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit certain offenses.
United States · United States Congress · 8 September 1982
Amends the Immigration and Nationality Act to permit a record of lawful admission for permanent residence to be made for certain aliens who entered the United States prior to January 1, 1973 (currently prior to June 30, 1948).
United States · United States Congress · 18 August 1982
Office of Strategic Trade Act of 1982 - Declares the policy of the United States with respect to export controls on strategic goods and technology. Establishes an Office of Strategic Trade as an independent executive agency which shall be headed by a Director of Strategic Trade whom the President shall appoint with the advice and consent of the Senate. Requires the Director to act as chairman of the Interagency Advisory Committee for Export Policy. Establishes within the Office of the Director of the Office of Strategic Trade an Exporter Services Facility to act as liaison with the business community. Sets forth as the principal divisions of the Office of Strategic Trade the: (1) Operations Division; (2) Compliance Division; (3) CoCom Division, which shall carry out functions relating to the Coordinating Committee for Multilateral Export Controls (CoCom); (4) Licensing Division; and (5) General Counsel's office. Authorizes the Director to require any of the following types of licenses: (1) a validated license, authorizing a specified export issued pursuant to application; (2) a qualified general license, authorizing multiple exports issued pursuant to application; (3) a general license, authorizing exports without application; and (4) such other licenses as may assist in the implementation of this Act. Requires the Director to establish a commodity control list consisting of any goods or technology subject to export controls under this Act. Prohibits the imposition of export controls on goods or technology for foreign policy or national security reasons if the President determines that adequate evidence has been presented to show that: (1) comparable goods or technology are available from foreign sources without restriction in significant quantities; and (2) the absence of such controls would not be detrimental to the foreign policy or national security of the United States. Declares that no authority or permission to export may be required under this Act except to carry out the policies set forth in this Act. Authorizes the President to delegate the authority conferred on the President by this Act. Requires the Director to keep the public informed of changes in export control policy and procedures instituted in conformity with this Act. Authorizes the President, in order to carry out the national security export control policy, to impose export controls on any goods or technology subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction. Grants the Secretary of Defense the right to review any export application subject to national security controls. Requires the Director to publish in the Federal Register a notice of any revision with respect to any goods or technology, or with respect to the countries or destinations affected by national security export controls. Requires the Director to notify an applicant whenever the Director denies an export license for national security reasons. Requires the Director, in issuing regulations to carry out national security controls, to emphasize: (1) safeguards to prevent a country that poses a threat to U.S. security from diverting covered goods and technologies to military use; and (2) the need to prevent the reexport of such goods and technologies to countries that pose a threat to U.S. security. Declares that U.S. policy toward individual countries shall not be determined solely on the basis of a country's communist or noncommunist status. Sets forth other factors to be considered. Directs the President to review controls maintained cooperatively with other nations at least once every three years. Directs the President to review other controls annually. Requires the Director to establish and maintain a national security control list as a part of the commodity control list. Directs the Secretary of Defense and appropriate Federal agencies to identify goods and technology for inclusion on the national security control list. Requires the Director to issue regulations providing for review and revision of the national security control list. Makes the Secretary primarily responsible for including in the national security control list certain militarily critical technologies. Establishes a National Security Control Agency within the Office of the Under Secretary of Defense for Policy to assist in carrying out the national security export control policy responsibilities of the Secretary. Requires the Secretary to report annually to Congress on actions taken with respect to national security export controls. Expresses the intent of Congress to encourage the use of a qualified general license instead of a validated license. Authorizes the Director to require a qualified general license instead of a validated license for the export of goods or technology which are subject to national security controls except where: (1) the export of such goods or technology is restricted pursuant to a multilateral agreement which requires the approval of the parties to the agreement; or (2) the United States is seeking the agreement of other suppliers to apply comparable controls and a validated license is necessary in the Director's judgement until such agreement is reached. Requires the Director, in consultation with the Secretary and other appropriate agencies, to review the foreign availability to countries to which exports are controlled for national security purposes of any goods or technology the export of which requires a validated license. Prohibits the Director from requiring a validated license if the Director determines that sufficiently comparable goods or technology are available from foreign sources so that the requirement of a validated license does not achieve its intended purpose, unless the absence of export controls would prove detrimental to the national security. Requires the Director to approve any application for a validated license for the export of goods or technology to a country which meets the application requirements if the Director determines that sufficiently comparable goods or technology are available from foreign sources. Requires a finding of foreign availability to be based on reliable evidence (uncorroborated representations by license applicants are not sufficient). Declares that a technology or good subject to national security export controls which is not possessed by a nation or combination of nations threatening to national security may not be deemed to be available from foreign sources until the Secretary of State verifies that negotiations with the foreign sources have been undertaken. Directs the President to negotiate with governments of countries possessing such technologies or goods to prevent them from becoming available to hostile countries. Requires the Director to establish within the Office a capability to monitor the foreign availability of goods or technology subject to export controls under this Act. Requires the National Security Control Agency and other Federal agencies responsible for export controls to share information concerning foreign availability of such goods and technology if specified conditions are met. Requires the Director to appoint technical advisory committees to advise and assist the Director, the Secretary, and other Federal agencies in carrying out the national security export control policy. Requires the Director to remove the requirement of a validated export license with respect to any goods or technology which a technical advisory committee certifies as being sufficiently available from foreign sources so that the requirement of a validated license does not achieve its purpose, unless the absence of export controls would prove detrimental to the national security. Directs the President to enter into negotiations with the governments participating in the group known as the Coordinating Committee to reach agreements: (1) to publish a list of items controlled for export by agreement of the Committee; (2) to hold periodic meetings to discuss export control policy issues; and (3) on more effective enforcement procedures. Requires U.S. nongovernmental entities, except certain schools, which enter into a commercial agreement with the government of a foreign country to which exports are restricted for national security purposes to report the agreement to the Director. Directs the Secretary of State to negotiate with other countries regarding their cooperation in restricting the export of goods and technology. Requires the Director to deny all further exports to any party or parties responsible for the diversion of U.S. exports to unauthorized uses, regardless of whether such goods or technology are available from sources outside the United States. Authorizes the Director to take other appropriate steps to deter further unauthorized use of the previously exported goods or technology. Requires the Director to take such action when there is reliable evidence that goods or technology which were exported subject to national security controls have been diverted to an unauthorized use or consignee in violation of an export license. Authorizes the President to impose export controls on any goods, technology, or other information subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction to the extent necessary to further U.S. foreign policy or to fulfill U.S. international obligations. Terminates such controls after one year, unless extended by the President. Requires the Director to notify an applicant whenever the Director denies an export license for foreign policy reasons. Authorizes the Secretary of State to review any export license application for foreign policy reasons. Sets forth factors the President shall consider when imposing, expanding, or extending export controls for foreign policy reasons. Requires the Director to consult with affected U.S. industries before imposing foreign policy export controls. Requires the President to determine that reasonable efforts have been made to achieve the purposes of the controls through alternative means before resorting to export controls. Directs the President to consult with Congress before imposing any foreign policy export controls. Requires the President to notify Congress whenever the President imposes, expands, or extends foreign policy export controls. Declares that this Act does not authorize export controls on medicine or medical supplies. Prohibits the imposition of export controls on food if they would cause measurable malnutrition, unless the President determines that: (1) those controls are necessary to protect national security interests; or (2) arrangements are insufficient to ensure that food will reach those in need. Requires Congress to be notified of findings concerning proposed export controls on food. Expresses the intent of Congress that the President not impose export controls on goods or technology if the effect of such exports would be to help meet basic human needs. Requires the President to try to conclude negotiations with appropriate foreign governments to secure the cooperation of such governments in controlling exports to countries to which U.S. foreign policy export controls apply. Declares that certain provisions of this Act shall not apply if foreign policy export controls are imposed to meet international obligations. Requires the Director and Secretary of State to notify the appropriate congressional committees before approving export licenses for goods or technology valued at more than $7,000,000 to countries which: (1) have repeatedly supported international terrorism; and (2) would benefit militarily or would have an enhanced ability to support international terrorism. Authorizes the President to approve exports of crime control and detection instruments only pursuant to a validated export control license. Exempts certain countries from such requirements. Requires the Director to establish and maintain a foreign policy export control list as part of the commodity control list. Requires the list to be reviewed once every three years with respect to controls maintained cooperatively with other countries and annually with respect to other controls. Authorizes the President to impose export controls on goods subject to U.S. jurisdiction or exported by persons subject to U.S. jurisdiction where necessary to protect the domestic economy from short supplies. Requires export licenses for goods in short supply to be allocated on the basis of factors other than prior history of exportation. Requires the Director to publish notice in the Federal Register of short supply export controls and to elicit comments on the impact of such restrictions and the method of licensing used to implement them. Authorizes the imposition of export license fees. Directs the Secretary of Commerce to monitor exports and export contracts of goods when the volume of exports in relation to domestic supply contributes or may contribute to an increase in domestic prices or a domestic shortage and such price increase or shortage has or may have a serious adverse effect on the economy. Requires the results of the monitoring to be reported on a regular basis. Requires the Director to consult with the Secretary of Energy on whether monitoring or export controls are warranted with respect to energy-related materials. Authorizes any entity representative of an industry or a substantial segment of an industry which processes recyclable metallic materials with respect to which short supplies may have a significant adverse effect on the national economy to petition the Director to monitor the exports and/or impose export controls on such materials. Sets forth the procedure for making such petition. Requires the Director, in consultation with the Secretary of Commerce, to decide whether to impose monitoring or controls on such materials within 45 days of the end of the public hearings on such petition. Authorizes the Director to determine that a petition filed with respect to the same materials within six months after consideration of a prior petition does not merit complete consideration. Authorizes the Director to impose temporary monitoring or controls on such materials pending the final decision on whether to impose such monitoring or controls. Prohibits, with specified exceptions, exports of domestically produced crude oil transported by pipeline over the right-of-way granted pursuant to the Trans-Alaska Pipeline Authorization Act, unless the President: (1) makes specified findings with respect to such exports, including that the exports protect the national interest; and (2) reports such findings to Congress and Congress adopts a concurrent resolution approving such exports. Authorizes the President to export oil to any country pursuant to a bilateral international oil supply agreement entered into before June 25, 1979 or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. Prohibits the export of refined petroleum products except pursuant to an export license. Requires the Director to notify Congress within five days of receiving an application for an export license for a refined petroleum product or residual fuel oil. Prohibits granting such a license earlier than 30 days after notifying Congress, unless the President certifies to Congress that the proposed export is vital to the national interest. Exempts from such prohibition certain exports to historical trading partners and exports of small amounts of refined petroleum products. Excludes from such export controls certain petroleum products refined from foreign crude oil in U.S. Foreign Trade Zones or in Guam unless the Director finds that such products are in short supply. Prohibits use of the authority to impose short supply export controls with respect to agricultural commodities without the approval of the Secretary of Agriculture. Prohibits the Secretary of Agriculture from approving such export controls if the supply of the commodity exceeds the requirements of the domestic economy except to the extent that the President determines that such exercise of authority is required to carry out national security policies or foreign policies. Authorizes, upon the approval of the Director in consultation with the Secretary of Agriculture, the storage in the United States of agricultural commodities purchased by or for use in a foreign country. Provides that such commodities shall be free from any export controls that may be imposed to carry out short supply export controls. Prohibits the Director from granting such approval unless specified conditions are met. Requires the President to report to Congress on any export controls imposed on agricultural commodities for foreign policy or short supply reasons. Terminates such controls if the Congress adopts, within 30 days, a concurrent resolution disapproving them. Authorizes the Director to exempt barter agreements from any export quotas imposed to carry out the policy on short supplies, if the Director makes certain findings. Requires a validated license for the export of unprocessed western red cedar logs harvested from State or Federal lands. Requires the Director to impose export quotas on unprocessed western red cedar logs during the three years beginning on the effective date of the Export Administration Act of 1979. Prohibits any exports of such logs at the end of the three year period. Requires the Director to allocate export licenses for such logs. Prohibits the export by sea of horses, unless the Director waives the prohibition after determining that the horses are not being exported for slaughter. Directs the President to issue regulations prohibiting any U.S. person from taking or knowingly agreeing to take certain actions with intent to comply with or support a foreign boycott against a country which is friendly to the United States and which is not the object of a U.S. boycott. Lists the actions to be prohibited by such regulations and exceptions to the prohibitions. Requires the regulations issued under the foreign policy export controls provisions to supplement other regulations issued by the President against supporting foreign boycotts. Requires such regulations to require U.S. persons who are asked to comply with a foreign boycott to report that fact, and any other necessary information, to the Director. Provides that these provisions preempt all other laws or regulations pertaining to foreign boycotts. Sets forth the procedures for obtaining hardship relief from export controls. Permits petitions to be filed with the Director by any person who has historically imported goods from the United States or who has historically exported such goods. Requires the Director to notify the petitioner of a grant or denial of such relief within 30 days of receipt of the petition. Sets forth factors to be considered in deciding whether to grant or deny such relief, including the effect of granting such relief upon the basic objectives of the short supply control program. Sets forth the procedures for processing export license applications. Requires all export license applications required under this Act to be submitted to the Director. Expresses the intent of Congress that, to the maximum extent possible, the Director shall make the determinations with respect to such applications without referring to other agencies. Requires such agencies to cooperate with the Director when the Director seeks their assistance. Requires the Director to complete initial screening of an application within ten days. Requires the Director to deny or grant a license within 90 days if there is no need to refer the application to another agency. Requires the Director to refer the application to other agencies, if necessary, within 30 days of submission. Requires the agency to review the application and submit its recommendation within 30 days of receiving it. Authorizes granting the agency an additional 30 days to review the application. Requires the Director to grant or deny a license within 90 days of receiving the recommendation of other agencies. Authorizes the Director to take more than 90 days if the application is of exceptional importance and complexity. Authorizes the Secretary of Defense, notwithstanding any other provisions of the law, to review proposed exports of goods or technology to any country to which exports are controlled for national security purposes. Authorizes the Secretary to recommend to the President that such exports be disapproved if they would militarily benefit such country to the detriment of the security of the United States. Requires the President to report to Congress whenever the President modifies or overrules a recommendation of the Secretary of Defense with respect to the export of goods controlled for national security purposes. Prohibits issuing an export license for an article subject to multilateral controls until after the multilateral review. Requires a license approved by the Director to be issued if the multilateral review is not completed within 60 days, unless the Director determines that the license would prove detrimental to U.S. national security. Requires the Director to notify Congress and the applicant of such determination, the reasons for it, the reasons the multilateral review was not concluded, and the actions planned to secure the conclusion of the multilateral review. Sets forth the procedures to be followed to appeal the denial of a license. Sets forth civil and criminal penalties for violations of this Act. Sets forth the powers of agencies to investigate possible violations of this Act. Provides for protecting the confidentiality of information submitted in compliance with this Act. Requires the Director to try to simplify regulations issued under this Act and the commodity control list. Exempts the functions exercised under this Act from certain provisions relating to administrative procedure and judicial review. Expresses the intent of the Congress that there be public participation in the formation of regulations issued under this Act. Requires the Director to submit an annual report to Congress on the administration of this Act. Sets forth information to be detailed in such report, including a report on the need to impose export controls other than those subject to multilateral controls or more stringent than the multilateral controls. Transfers to the Office of Strategic Trade the functions and authorities of the State Department's Office of East-West Trade with respect to the munitions list and such other functions and authorities as the Director, in consultation with the Director of the Office of Management and Budget, determine to be appropriate. Requires the President to coordinate the authority granted to the President under this Act with the authority provided for the control of arms exports under the Arms Export Control Act. Makes certain civil aircraft equipment which is to be exported to a country other than a controlled country subject to export controls exclusively under this Act and the Export Administration Act of 1979. Requires export license applications which are ordinarily referred to the Subgroup on Nuclear Export Coordination or some other interagency group to be governed by the provisions relating to foreign boycotts only to the extent that the foreign boycott provisions are consistent with the procedure published pursuant to the Nuclear Non-Proliferation Act of 1978. Supersedes the Mutual Defense Assistance Control Act on October 1, 1979. Requires authorizing legislation before any appropriation can be made to the Commerce Department for expenses to carry out this Act. Authorizes appropriations to the Defense Department to carry out this Act for each of FY 1982 and 1983.
United States · United States Congress · 18 August 1982
Amends the Federal criminal code to impose mandatory minimum sentences for committing violent felonies against individuals aged 65 or older. Prohibits suspended, probationary, and concurrent sentences. Prohibits parole and any plea bargaining agreements that would result in the defendant's serving less than the minimum sentence.
United States · United States Congress · 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 the Federal-State Extended Unemployment Compensation Act of 1970 (as amended by specified provisions of the Omnibus Budget Reconciliation Act of 1981) to: (1) change the unemployment rates required for triggering State "on" and "off" indicators for beginning and ending extended unemployee benefit periods; and (2) require the number of individuals filing for regular, extended, and sharable regular compensation to be used in the determination of the unemployment rate for purposes of such indicators.
United States · United States Congress · 10 August 1982
Expresses the sense of the House of Representatives that regulations recently proposed by the Secretary of Education under the Education of the Handicapped Act should not be permitted to take effect.
United States · United States Congress · 22 July 1982
Firearms Ownership Rights Act of 1982 - Title I: Findings and Purposes of this Act - Sets forth findings regarding the legislative history of the Gun Control Act of 1968 and Federal preemption of State and local firearms laws. Title II: Amendments to the Gun Control Act of 1968 - Amends the Gun Control Act of 1968 to declare that no provision shall be construed to preempt a State law on the same subject matter, unless there is a direct and positive conflict between the laws which cannot be reconciled. Declares that Congress does intend to preempt any local government law which prohibits or regulates the ownership or possession of firearms or ammunition, unless the local law is created by Federal or State law. Makes any local government which enacts a law conflicting with this Act ineligible to receive Federal funds for law enforcement.
United States · United States Congress · 22 July 1982
Declares that it is the sense of Congress that the Tennessee Valley Authority should not divert water from the Ocoee River, Tennessee, for a minimum of 100 days per calendar year and should not charge user fees for white water rafting on such river.
United States · United States Congress · 15 July 1982
Residential Mortgage Investment Act of 1982 - Permits employee benefit plans, as defined under this Act, to engage in any qualified mortgage transaction involving any qualified residential mortgage loan, provided transactions between all parties are at arm's length. Permits such plans to participate in any mortgage pool, provided such pool conforms to specified requirements with regard to permitted investments. Authorizes the Secretary of the Treasury to prescribe regulations to carry out this Act. Provides that this Act shall supersede any and all contrary provisions of State law, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code. Prohibits the imposition of Federal excise tax on a plan or pool that engages in a transaction described under this Act.
United States · United States Congress · 15 July 1982
Expresses the support of the Congress for beginning strategic arms reductions talks. Urges the Soviet Union to join with the United States in concluding an equitable and verifiable agreement which freezes strategic nuclear forces at equal and substantially reduced levels. Reaffirms congressional support for the position that the United States should not enter into an arms agreement which provides for force levels inferior to those of the Soviet Union. Declares that the United States should propose practical measures to: (1) reduce the danger of accidental nuclear war; (2) prevent the use of nuclear weapons by third parties, including terrorists; and (3) halt the worldwide proliferation of nuclear weapons. Insists that any arms control agreement must be fully verifiable.
United States · United States Congress · 14 July 1982
Expresses the sense of the House of Representatives that the community service employment program under title V of the Older Americans Act of 1965 should not be terminated or weakened.
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
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish a National Commission on Neurofibromatosis within 60 days. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires: (1) a final report to the President and to each House of Congress within one year; and (2) the Secretary to file a final report and a budget analysis for neurofibromatosis research with the appropriate congressional committees within 15 days after the President submits his budget to Congress. Terminates the Commission three months after submission of the final report. Authorizes appropriations.
United States · United States Congress · 13 July 1982
Disapproves the President's recommendation to extend the President's authority to waive the freedom of emigration requirements under the Trade Act of 1974 in order to extend the most-favored nation status of Romania.
United States · United States Congress · 13 July 1982
Expresses the sense of the House of Representatives that the Speaker of the House should appoint an independent prosecutor to investigate allegations concerning drug abuse and sexual misconduct by Members of the House and pages. Declares that such investigation should not interfere with the criminal investigation being carried out by the Department of Justice.
United States · United States Congress · 24 June 1982
Rural Enterprise Zone Act of 1982 - Title I: Designation of Rural Enterprise Zones - Provides for the designation of rural enterprise zones, for a period not to exceed 15 years and subject to the approval of the Secretary of Commerce, by local governments, State governments on behalf of local governments, or certain persons acting with the consent of the local governments, for purposes of extending the tax incentives and regulatory flexibility measures provided by titles II and III of this Act. Permits the Secretary to approve the designation of a zone only if the area: (1) is within the jurisdiction of the designating local government; (2) has a continuous boundary; (3) is located outside of a standard metropolitan statistical area or is otherwise determined to be rural by the Secretary; (4) has a population of at least 600, comprises an incorporated separate jurisdiction, or is an Indian reservation; (5) contains no prime agricultural lands; and (6) meets specified unemployment and poverty requirements used under the urban development action grant program. Requires persons seeking approval of an area designation to submit a plan which documents commitment, analyzes costs and benefits, and: (1) describes planned local efforts to increase employment and encourage area economic development; (2) guarantees the ability of any government with jurisdiction over the area to manage the zone; (3) describes existing areas development efforts; (4) demonstrates the geographic, population, and unemployment and income features set forth in this Act; and (5) describes the planned use of existing Federal resources for economic development. Terminates the authority of the Secretary to approve zone designations after a three-year period. Sets forth maximum numbers of such designations. Prescribes grounds for giving preference in decisions to designate rural enterprise zones. Directs the Secretary to contract with the person requesting approval of an area designation for the management of the area. Expresses the sense of the Congress that in the case of any application for designation of a foreign trade zone within a rural enterprise zone: (1) the Foreign-Trade Zone Board should expedite the application process; (2) the Board, in evaluating such application, should consider future development to be expected as a result of the incentives provided by this Act; and (3) the Board should provide technical assistance to the applicants. Title II: Tax Incentives - Subtitle A: Capital Gains Tax Rates - Amends the Internal Revenue Code to reduce the alternative tax on capital gains and increase the capital gains deduction. Permits enterprise zone property to remain qualified for purposes of the revised capital gains treatment after a designation of a rural enterprise zone has terminated. Exempts gains from the sale or exchange of property used in certain businesses conducted largely in rural enterprise zones (qualified businesses) from the computation of the minimum tax. Removes as an item of tax preference accelerated depreciation of real property used in such a business, even though such property may be characterized as recovery property. Allows a taxpayer to elect to have gain from the sale or exchange of a capital asset recognized only to the extent that the proceeds exceed the cost of property used in a rural enterprise zone which is purchased within one year of such sale. Prescribes a three-year statute of limitations for the assessment of any deficiency attributable to such gain. Subtitle B: Deduction for Investment in Certain Businesses - Allows an income tax deduction for investment in qualified businesses. Subtitle C: Targeted Jobs Credit Increased in Rural Enterprise Zones - Increases the amount of the income tax credit for employment of certain new employees (targeted jobs credit) in the case of members of targeted groups with respect to whom at least 50 percent of the services performed for the employer are performed in a rural enterprise zone or who are residents of such a zone. Subtitle D: Credit for Certain Contributions - Allows an income tax credit for five percent of a taxpayer's payment for the provision of certain community development services in a rural enterprise zone. Subtitle E: Miscellaneous - Permits any qualified business to elect to use the cash receipts and disbursements method of accounting without regard to any inventory requirements if its gross receipts do not exceed $1,500,000 in any prior taxable year. Prescribes a minimum bad debt reserve for taxpayers who finance the provision of goods and services to qualified businesses. 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 this Act), designating governments, and nonprofit enterprises operating within rural enterprise zones.
United States · United States Congress · 24 June 1982
Small Business Investment Incentive Act - Amends the Internal Revenue Code to grant individuals an income tax deduction for purchases, up to $15,000, of small business corporation stock which is sold under a plan conforming to requirements specified by this Act. Defines "small business corporation" as a subchapter S corporation which is actively engaged in a trade or business and which is not a personal service corporation. Specifies requirements for the sale of small business corporation stock under this Act, including requirements that the corporation's aggregate sales price for stock may not exceed $250,000, that stock must be purchased with cash, and that the proceeds from the sale of such stock be used by the small business corporation in the active conduct of its trade or business. Permits taxpayers who do not itemize deductions to deduct from gross income purchases of small business stock which qualify under this Act.
United States · United States Congress · 23 June 1982
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to exempt taxpayers who have attained age 65 from social security taxation (employees' and self-employment tax).
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 · 9 June 1982
Constitutional Amendment - Grants concurrent power to Congress and the States to restrict and prohibit abortions. Directs that a State law which is more restrictive than a law of Congress shall govern. Declares that the Constitution does not secure a right to abortion.
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 · 27 May 1982
Omnibus Victim-Witness Protection and Assistance Act of 1982 - Amends Rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain: (1) a statement of the harm done or loss suffered by the victim; (2) information on any available nonprison programs and resources; and (3) a statement of the financial needs of the defendant and his dependents, the restitution needs of the victims, and the amount of any gain derived from or loss caused by the criminal conduct of the defendant. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness, victim, or an informant." Prescribes an additional penalty for an individual convicted of one of the above offenses while on bail. Grants general authority to the Attorney General to relocate or protect government witnesses. Authorizes the attorney for the government to initiate civil proceedings to restrain tampering with a witness or victim. Allows for a defendant found guilty of an offense to be sentenced to make restitution. Directs the Attorney General to recommend to Congress laws necessary to compensate victims of crimes where restitution is not possible. 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 and witnesses. Directs the Attorney General to recommend to Congress any laws that are necessary to ensure that no Federal felon derives any profit from the sale of his or her story until any victim of the offense receives restitution.
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 · 25 May 1982
Veterans' Organizations Tax Reform Act - Amends the Internal Revenue Code to provide that an organization of war veterans shall not be exempt from taxation if a substantial part of its activities consists of carrying on propaganda, or otherwise attempting to influence legislation with respect to matters not related to veterans affairs. Defines "veterans affairs" as issues directly relating to: (1) programs and benefits for veterans and the surviving spouses and children of veterans; and (2) the armed forces of the United States and national defense.
United States · United States Congress · 25 May 1982
Constitutional Amendment - Declares that nothing in the Constitution shall be construed to prohibit prayer in public schools or institutions. States that no person shall be required by the United States or any State to participate in prayer.
United States · United States Congress · 21 May 1982
Professional Sports Stabilization Act of 1982 - Declares that it shall not be unlawful under any antitrust law for a professional sports league and its member clubs to enforce rules: (1) requiring approval by the league membership for the relocation of a member club; or (2) providing for the division of league or member club revenues that promote comparable economic opportunities for member clubs. Prohibits State and local governments from imposing limitations on the collective conduct of sports leagues or member teams authorized by this Act. Specifies the applicability of this Act to actions commenced under the antitrust laws before its enactment.
United States · United States Congress · 19 May 1982
Prohibits the payment of an annuity under the civil service retirement system to a Member of Congress or to his or her survivor or beneficiary if such Member is convicted of a felony. Provides for the refund of contributions and deposits made to the civil service retirement system or the armed forces survivor benefit plan for the period after the conviction. Restores the right of an individual to an annuity denied because the individual was convicted of a State felony, if such individual is pardoned by the State's governor.
United States · United States Congress · 13 May 1982
Authorizes the Secretary of the Interior to construct a memorial to honor and recognize law enforcement officers who have died in the line of duty. Directs that such memorial be known as the National Law Enforcement Heroes Memorial and be located near the headquarters of the Federal Bureau of Investigation in Washington, District of Columbia. Establishes the National Law Enforcement Heroes Memorial Advisory Committee to study and make recommendations to the Secretary on the appropriate location and design of the Memorial, not later than six months after the last appointment to the Committee. Requires approval of such Memorial by the Commission of Fine Arts and the National Capital Planning Commission, unless they fail to notify the Secretary of approval or disapproval within 90 days of receipt of plans or proposals. Prohibits the use of Federal or District of Columbia funds to carry out this resolution. Requires the Secretary to provide maintenance for the Memorial and to begin construction, if funds are available, not later than two years after enactment of this resolution.
![Official portrait of Rep. Beard, Robin [R-TN-6]](https://www.congress.gov/img/member/b000280_200.jpg)