United States · United States Congress · 3 December 1982
Federal Anti-Tampering Act - Amends the Federal Criminal Code to make it a Federal offense to maliciously cause bodily injury or death to any person by tampering with any article, product, or commodity which is produced or distributed for human use or consumption. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results.
United States · United States Congress · 19 August 1982
Title I: Federal Tort Claims Amendments - Amends the Federal Tort Claims Act to make a tort claim resulting from a Government employee's negligent act which was within the scope of the employee's office or employment exclusive of any other civil action arising out of the same subject matter. Requires the substitution of the United States as the party defendant upon certification by the Attorney General that the defendant employee was acting within the scope of his or her employment. Makes such certification binding and conclusive. Amends definitions to make such Act applicable to the following agencies and their employees: (1) the Senate; (2) the House of Representatives; (3) U.S. courts; and (4) any agency of the judicial branch. Title II: Constitutional Torts - Provides that the district courts shall have exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts. Establishes a constitutional tort remedy against the United States for an act of a Government employee which the Attorney General certifies was within the scope of such employee's office or employment. Limits recovery to the greater of either: (1) actual damages; or (2) liquidated damages in an amount which is the greater of $2,000 or, in the case of a continuing violation, $200 per day for each violation. Provides that if the conduct giving rise to the tort was done with the malicious intention to cause the deprivation of constitutional rights or with reckless disregard of the plaintiff's constitutional rights, damages shall not be more than $100,000. Authorizes the United States to assert as a defense to a constitutional tort the absolute or qualified immunity of the Government employee, or his or her reasonable good faith belief that his or her conduct was lawful. Requires a claimant before suing the United States for money damages based on a constitutional tort to have first presented the claim to the appropriate Federal agency. Permits either party to request a jury trial. Permits the Attorney General to settle or compromise a constitutional tort claim. Authorizes the award of attorney's fees to a successful claimant. Makes the remedy against the United States provided by the Federal Torts Claims Act and this Act for claims for money damages based on constitutional torts exclusive of any other civil action. Directs the Attorney General, where an action results in a judgment against the United States, to forward the matter to the employing agency for further investigation or disciplinary action. Exempts from tort claims: (1) the Tennessee Valley Authority; (2) the Panama Canal Commission; (3) Federal land banks; (4) Federal intermediate credit banks; and (5) banks for cooperatives. Makes technical and conforming amendments. Title III: Amendments to Other Laws; Applicability of Act - Makes conforming amendments relative to medical malpractice provisions concerning Federal health professionals. Makes additional technical amendments.
United States · United States Congress · 28 July 1982
Amends the Internal Revenue Code to extend the targeted jobs tax credit from 1982 to 1983. Includes economically disadvantaged individuals who have attained the age of 55 as members of a targeted group for purposes of such credit.
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
Amends the Federal criminal code to allow as an affirmative defense to a prosecution, that as a result of mental disease the defendant did not know the nature and quality of his actions or did not know the wrongfulness of his actions at the time he committed the offense. Transfers the burden of proving insanity to the defendant. Prohibits expert witnesses from offering opinions on the ultimate legal issues presented to the trier of fact.
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 establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold, aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason and espionage. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on a unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Authorizes the death penalty for the crime of attempting to kill the President of the United States if the attempt results in bodily injury to the President or otherwise comes dangerously close to causing his death. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Increases the minimum sentence for carrying a firearm during the commission of a felony from two to five years. Provides that a person convicted of carrying a firearm during a commission of a felony shall not be eligible for parole.
United States · United States Congress · 13 July 1982
Amends the Legislative Reorganization Act of 1970 to increase the minimum age for appointment as a page of the House of Representatives from 16 years to 18 years.
United States · United States Congress · 24 June 1982
Amends the Federal criminal code to authorize a verdict of "guilty but mentally ill" even if such illness would not constitute legal insanity. Permits the court to impose on a defendant found guilty but mentally ill any sentence which the court can impose on a defendant convicted of such offense. Allows treatment of the defendant for mental illness during the term of sentence.
United States · United States Congress · 24 June 1982
Amends the Federal criminal code to authorize a verdict of "guilty but insane" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides that a defendant is "guilty but insane" if his actions constitute all necessary elements of the offense charged other than the requisite state of mind. Provides that if the dependant is found "guilty but insane" the court may commit the defendant to serve all or a portion of a sentence in a suitable facility for treatment of his mental condition. Requires the defendant to serve the remaining portion of his sentence upon release from the mental facility.
United States · United States Congress · 24 June 1982
Small Issue Industrial Development Bond Reform Act of 1982 - Amends the Internal Revenue Code to disqualify industrial development bonds (IDBs) for the small issue tax exemption if a substantial amount of proceeds of such bonds are used to finance restaurants, certain office buildings, shopping centers, or entertainment or recreation facilities. Requires bond issuing authorities to conduct public hearings prior to the approval and issuance of any small issue industrial development bond. Requires the Governor of a State to report to the Secretary of the Treasury annually beginning in 1984 on bonds issued during the preceding year. Increases to $15,000,000 the amount of industrial development bonds used for economically distressed areas which qualify as tax-exempt small issues. Permits the financing of office buildings, restaurants, stores or shopping centers in such areas. Specifies requirements relating to poverty for designation as a qualified distressed area. Provides that capital research and experimental expenditures shall not be taken into account for purposes of determining the aggregate face value of industrial development bonds which otherwise qualify for the small issue exemption. Suspends temporary Internal Revenue Service regulations which prohibit pooled issues of bonds for projects located in only one State with respect to bonds sold after August 23, 1981. Sets forth transitional rules and effective dates.
United States · United States Congress · 24 June 1982
Amends the Federal criminal code to establish escrow accounts with the money received by an individual from books, movies, magazine articles, tape recordings, phonograph records, radio or television presentations or any live such individual is accused or convicted. Requires that money from such account be payable to the victim of the offense to satify a civil judgment. Provides for payment of the money to the accused if he is acquitted or the charges are dismissed. Allows payment to a convicted individual if no civil action is brought within five years after the establishment of the account. Permits payment of a portion of such funds, upon a court order, to defray the expenses of legal representation for the accused.
United States · United States Congress · 23 June 1982
Title I: Amends the Federal criminal code to prohibit mental condition from being a defense to any charge of criminal conduct. Allows admission of expert evidence on the issue of state of mind when it is an element of the offense. Title II: Authorizes a verdict of "guilty but mentally ill" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Provides that if the defendant is found "guilty but mentally ill" the court may commit the defendant to serve all or a portion of the sentence in a suitable facility for treatment of his mental condition. Allows for transfer to a Federal prison when the defendant is no longer in need of custody, care or treatment. Provides that if the defendant is found not guilty, but the court determines that he is presently suffering from a mental condition where his release would create substantial danger to himself or another, then the court may commit him to custody of the appropriate State or to a suitable mental health facility. Requires the court to order the discharge of such a defendant upon recovery from his mental condition.
United States · United States Congress · 23 June 1982
Amends the Federal criminal code to eliminate the insanity defense for the offenses of presidential (President-elect, Vice-President) assassination, kidnapping, and assault.
United States · United States Congress · 17 June 1982
Expresses the sense of the Congress that the International Olympic Committee should officially recognize Jim Thorpe's achievements in the 1912 Olympics. Declares that the Committee should be asked to present Thorpe's medals and awards during the 1984 Olympics.
United States · United States Congress · 16 June 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 loans" as federally insured loans to graduate students in the health professions. 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 Health and Human Services of the amounts collected with respect to any loan to any individual; and (2) transfer such amounts to the Secretary as is necessary to reimburse the entity or fund to which the loan is repayable. Requires that such notification and transfer be made not less often than monthly.
United States · United States Congress · 15 June 1982
Amends the Federal criminal code to provide a mandatory sentence of imprisonment for the use or possession of either a cutting or stabbing weapon or firearm during the commission of any felony. Imposes such punishment in addition to the sentence imposed for the commission of the felony. Prohibits probation or suspension of such sentence. Restricts eligibility for parole.
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 · 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
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
Expresses the sense of the House of Representatives that no further reductions should be made in the funding currently available for FY 1983 for programs administered under the Older Americans Act of 1965.
United States · United States Congress · 29 April 1982
Public Debt Reduction Act of 1982 - Amends the Internal Revenue Code to impose a manufacturers excise tax on the sale by the manufacturer, producer, or importer of any tangible personal property. Sets the rate of such tax at five percent of the selling price of the property. Exempts noncommercial sales and sales by farmers or fishermen from such tax. Terminates such tax after the earlier of: (1) January 1, 1993; or (2) the last day of the first calendar quarter after 1982 as of which no public debt obligation is held by any person other than the United States (or any agency or instrumentality thereof) or any Federal Reserve bank. Establishes in the Treasury a trust fund to be known as the "Public Debt Retirement Trust Fund" (Trust Fund). Appropriates to such Trust Fund amounts equivalent to the taxes imposed by this Act which are received in the Treasury. Requires the transfer of such amounts at least monthly. Provides that amounts in such Trust Fund may be used only for the payment at maturity, or the redemption or purchase before maturity, of any obligations included in the public debt. Requires that all obligations paid, redeemed, or purchased with amounts from such Trust Fund shall be cancelled and retired and shall not be reissued.
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 · 22 April 1982
Surplus Agricultural Commodities Disposal Act of 1982 - Amends the Agricultural Act of 1949 to direct the Commodity Credit Corporation to contract for the processing of surplus commodities into liquid fuels and agricultural commodity byproducts. Requires the Secretary to report to Congress within 120 days and annually thereafter.
United States · United States Congress · 6 April 1982
Title I: National Development Investment - National Development Investment Act - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Sets forth the findings of Congress. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, distressed local government (with a population under 50,000 and located outside an economic development district) Indian tribe, or nonprofit economic development organization. to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth eligible activities for such development investment assistance, including repairs, rehabilitation, and small business establishment. Sets forth specific eligibility criteria for applicants for such assistance. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an employment growth rate below the national average; (3) a population loss over the most recent five-year period; (4) an unemployment rate above the national average for the most recent 24 month period; and (5) a sudden economic dislocation resulting in job loss. Sets forth the information to be contained in a grant applicant's development investment strategy. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum 15 percent of the appropriations made pursuant to this Act. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local governments with a population over 50,000 (if located outside an econmic development district). Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Declares that the Secretary of Commerce shall administer this Act with the assistance of a specified Assistant Secretary of Commerce. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Sets forth the powers of the Secretary under this Act. Permits the Secretary to discharge any of his responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wage. Authorizes appropriations through FY 1985. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1982 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1987 for the administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1987. Authorizes appropriations through FY 1990 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Authorizes the Commission to make grants to States and public and nonprofit entities for projects which will: (1) assist in the creation or retention of permanent private sector jobs, the upgrading of the region's manpower, or the attraction of private investment; (2) provide special assistance to severely distressed and underdeveloped counties which lack financial resources for improving basic services; (3) assist in achieving the goal of making primary health care accessible in the region; or (4) otherwise serve the purposes of this Act. Prohibits the authorization of any financial assistance to enable plant subcontractors to undertake work previously performed in another area by other subcontractors or contractors. Prohibits grants with funds authorized after October 1, 1982, from exceeding 50 percent of the costs of any approved project. Permits such grants to increase the Federal contribution to any project to such percentage as the Commission determines within specified limitations. Authorizes appropriations through FY 1987. Extends the termination date of such Act from 1982 to October 1, 1987.
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
Voting Rights for the Handicapped and the Elderly Act - Directs the Attorney General to promulgate guidelines to assure that registration and polling place facilities used for Federal elections are readily accessible to handicapped and elderly individuals. Sets forth minimum requirements for these guidelines. Requires States to make available registration and voting aids for handicapped and elderly individuals in Federal elections. Authorizes the Attorney General and aggrieved persons to bring actions in Federal court to enforce this Act.
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 · 31 March 1982
Amends rule X of the Rules of the House of Representatives to establish the Select Committee on Children, Youth, and Families to conduct a comprehensive study on their problems and to develop policies to coordinate governmental and private programs to address such problems. Provides that the committee shall not have legislative jurisdiction and shall terminate at the close of the Ninety-ninth Congress.
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