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
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
Authorizes the erection of a memorial on public grounds in the District of Columbia, or its environs, in honor and commemoration of members of the armed forces who served in the Korean war. Directs the Secretary of the Interior to select, with the approval of the National Commisson of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial.
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 · 17 June 1982
Prohibits economic assistance to Warsaw Pact countries until the Soviet Union has signed a nuclear arms limitation agreement. Expresses the sense of the Congress that: (1) private commercial interests in the United States should refrain from making loans to Warsaw Pact countries until the Soviet Union has signed a nuclear arms limitation agreement; (2) the United States should not help if such loans are made and result in defaults; and (3) the President should seek agreements with our allies to halt the flow of economic assistance to Warsaw Pact countries until the Soviet Union has signed a nuclear arms limitation agreement.
United States · United States Congress · 16 June 1982
Expresses the sense of the House of Representatives that the President should: (1) urge the Soviet Union to allow Lev Shapiro and his family to emigrate to Israel; and (2) inform the Soviet Union that the United States, in evaluating its relations with other countries, will consider the extent to which those countries honor their commitments to human rights under international law.
United States · United States Congress · 10 June 1982
Prohibition of Mandatory Retirement and Employment Rights Act of 1982 - Amends the Age Discrimination in Employment Act of 1967 to eliminate the upper age limitation of the class of persons to whom such Act applies.
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 · 8 June 1982
Wilderness Protection Act of 1982 - Withdraws from disposition under all laws pertaining to oil, gas, mineral, and geothermal leasing: (1) wilderness areas; (2) lands recommended for wilderness designation, until Congress determines otherwise or until the lands concerned are recommended for other uses; (3) wilderness study areas, for the period of interim wilderness protection and management required by law; and (4) lands identified for further planning in Executive Communication 1504, 96th Congress, until one year after the final approval and implementation of an initial forest plan covering the further planning area. Exempts from the withdrawal pursuant to this Act: (1) national forest system land released to management for nonwilderness uses; (2) lands designated as congressional wilderness study areas in Colorado and New Mexico and certain lands within the River of No Return Wilderness in Idaho; (3) Bureau of Land Management wilderness study areas; and (4) lands designated as a conservation system unit under the Alaska National Interest Land Conservation Act. Permits activities compatible with the preservation of the wilderness environment for the purpose of inventorying energy, mineral, and other resource values in areas withdrawn by this Act. Requires the Secretary of the Interior to augment recurring surveys of mineral values of wilderness areas and to acquire information on the areas withdrawn by this Act by conducting nondestructive mineral inventories of such areas. Authorizes the President to recommend to Congress that minerals exploration, development, or extraction be permitted in specified areas withdrawn under this Act, if: (1) there is an urgent national need for the mineral activity; and (2) such need outweighs the public values of the wilderness lands involved and the potentially adverse environmental impacts likely to result. Makes such a recommendation effective only upon enactment of a joint resolution of approval by Congress.
United States · United States Congress · 7 June 1982
Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to prohibit the inclusion of the disbursements from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund and of the receipts from the old age, survivors and disability insurance taxes and the hospital insurance taxes on self-employment income, employees, and employers in the totals of the Federal budget. Exempts such disbursements and receipts from any general statutory limitation on Federal budget outlays.
United States · United States Congress · 26 May 1982
Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer, after such a hearing, to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and who violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Title II: Witness-Victim Protection - Witness-Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit these offenses. Grants general authority to the Attorney General to relocate or protect Government witnesses. Authorizes the Attorney General to initiate civil proceedings to restrain tampering with a witness or victim. Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or who escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims to ensure that all victims of crime are justly compensated. Title III: Controlled Substances Penalties - Controlled Substances Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Title IV: Protection of Federal Officials - Amends the Federal criminal code to make it a Federal crime to kill, assault, or kidnap a cabinet officer, the second ranking official in each executive department, the Director or Deputy Director of Central Intelligence, a U.S. Supreme Court justice or nominee, or a senior presidential or vice presidential adviser. Includes as a Federal crime any attempt or conspiracy to commit such offenses. Title V: Sentencing Reform - Sentencing Reform Act of 1982 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses, generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Title VI: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for payment for information or assistance leading to forfeiture. Terminates this program on September 30, 1984. Title VII: Offenders With Mental Disease or Defect - Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title VIII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title IX: - Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities. Expands explosives offenses to cover arson. Permits administrative forfeiture procedures for property valued at less than $100,000. Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his or her official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in, on, or within 1,000 feet of an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.
United States · United States Congress · 26 May 1982
Handicapped Infants Protection Act of 1982 - Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect to conduct a study of child abuse or neglect in federally assisted or operated health care facilities. Directs the Secretary of Health and Human Services to: (1) report the results of this study to the Congress within three months; and (2) give priority to information about adoption and foster care of handicapped infants. Prohibits doctors or other health care facility personnel from withholding nutrition or medical treatment from a handicapped infant. Provides a private right of action for violations of this Act. States that any punitive damage awards shall be used for the benefit of the infant involved in the suit, or if deceased, for research and treatment of handicapped infants. Directs the Center to establish and disseminate violations reporting procedures. Provides civil and criminal immunity and job protection for persons reporting such violations. Requires health care facilities to provide parents or guardians of handicapped infants with information about agency assistance for these infants.
United States · United States Congress · 21 May 1982
Amends the Internal Revenue Code to exclude from gross income gain from the sale of real property to certain organizations for use for conservation purposes. Requires that such sale be on the installment method and that such conservation purpose be protected in perpetuity. Disallows such exclusion in the case of involuntary conversions. Allows an extension of time for payment of estate taxes in the case of acquisitions from a decedent's estate of real property by qualified organizations used for conservation purposes. Limits such extension to ten years after the decedent's death.
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
Volunteering in Government Act of 1982 - Permits any executive agency to recruit, train, and accept the service of a volunteer, and to enter into an agreement with any nonprofit organization for volunteer service, to carry out any appropriate agency activity. Declares that such volunteers shall be considered to be Federal employees only under provisions concerning tort claims and worker's compensation. Directs agencies to provide such volunteers and nonprofit organizations funds to pay necessary expenses for performing any such activity. Prohibits the dismissal of any agency employee or the impairment of any service contract as a result of an agency utilizing volunteer services. Authorizes agencies to give preference to grant applicants who use volunteer services most extensively when applicable. Authorizes each agency to use one percent of the funds appropriated to it for general administrative and operating expenses each fiscal year to carry out this Act. Directs the Director of the Office of Personnel Management to report to Congress biennially on the volunteer services and savings resulting from implementation of this Act.
United States · United States Congress · 10 May 1982
Expresses the sense of the Congress that: (1) the Soviet Union should comply with certain international agreements relating to human rights by pursuing a more humane emigration policy and by ceasing harassment of Jews and others seeking to emigrate; (2) Soviet compliance with internationally recognized emigration rights would significantly promote improved relations with the United States; (3) the President should convey these concerns of Congress to the Soviet Union at every appropriate opportunity; and (4) the President should also convey these concerns to U.S. allies.
United States · United States Congress · 6 May 1982
Housing and Automobile Industries Recovery Act of 1982 - Title I: Exemption for the Purchase of Certain Bonds by Employee Pension Benefit Plans - Provides a temporary exemption from certain provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code relating to prohibited transactions for the purchase of certain bonds sold to fund residential mortgages and domestic motor vehicle loans. Title II: Interest Reduction Payments - Provides for interest reduction payments by the Secretary of Housing and Urban Development to assist with the financing of the purchase of certain residences and domestic motor vehicles. Sets forth: (1) requirements and restrictions for eligible loans and mortgages; and (2) guidelines for the allocation of such payments. Authorizes appropriations for FY 1982 through 1988 to carry out this title. Prohibits the Secretary from making any commitments to make interest reduction payments under this title after August 31, 1983.
United States · United States Congress · 6 May 1982
Declares that the President should invite the Administrator of the Small Business Administration to participate in the Cabinet Council on Economic Affairs.
United States · United States Congress · 5 May 1982
Expresses the sense of Congress that the President should: (1) urge the Soviet Union to allow Ida Nudel to emigrate; and (2) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with other countries.
United States · United States Congress · 4 May 1982
Joint Research Act of 1982 - Authorizes the Attorney General to issue certificates of review to two or more persons to promote joint research and development programs. Directs the Attorney General to issue such a certificate for an applicant whose application: (1) specifies conduct which is limited to a research and development program and which does not violate Federal antitrust laws; and (2) contains any other information the Attorney General requires. Requires that such a certificate specify: (1) the conduct to which it applies; (2) the participating business entities; and (3) any conditions applicable to such conduct. Directs certificate recipients to notify the Attorney General of any change in conduct or business entities. Permits such recipient to apply to amend such certificate. Directs the Attorney General to modify or revoke a certificate, after providing 30 days notice, upon determining that conduct allowed under the certificate violates antitrust laws. Authorizes the certificate holders to bring an action in the appropriate U.S. district court to set aside such determination. Precludes any other judicial review of any determination by the Attorney General concerning the issuance, amendment, or revocation of a certificate. Declares that any such determination is inadmissable as evidence in any proceeding in support of any claim under the antitrust laws. Exempts any certificate holder from criminal action, liability for threatened loss or damage, or liability exceeding actual damages, lost interest, and the cost of suit for a violation of Federal antitrust laws or similar State laws if: (1) the violation arises from conduct specified in the certificate; and (2) the certificate is in effect at the time the conduct occurs. Awards a certificate holder the cost of defending against a claim for damages resulting from a violation of antitrust laws if the court finds that: (1) the conduct alleged to violate such laws does not; and (2) the conduct is specified in the certificate. Declares that a certificate shall have no legal effect on the authority of a court to grant equitable relief in an action for an antitrust violation against a certificate holder. Exempts information submitted by a person in connection with the issuance, amendment, or revocation of a certificate from the Freedom of Information Act. Specifies conditions for the disclosure of such information. Allows the Attorney General to issue guidelines describing the types of conduct that would and would not qualify for a certificate.
United States · United States Congress · 29 April 1982
Amends the Tariff Schedules of the United States to increase the tariff on imported roses. (Makes the U.S. tariff consistent with the tariff imposed by the European Economic Community.)
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
Expresses the sense of Congress that the Secretary of Commerce should establish standards and procedures, including an opportunity for public comment, before any weather station or weather service office of the National Weather Service is closed or its personnel reduced.
United States · United States Congress · 21 April 1982
Omnibus Congressional Compensation Reform Act of 1982 - Amends the Legislative Reorganization Act of 1946 to eliminate the annual adjustment in compensation for Members of Congress. Amends the Federal Salary Act of 1967 to make the President's recommendation for congressional salaries of an advisory nature only, unless otherwise provided by law. Provides that the annual rate of pay for Members of Congress shall be the rate payable on the date of enactment of this Act. Repeals the provision of law which authorizes permanent appropriations for compensation for Members. Amends the Internal Revenue Code of 1954 to require Members to substantiate their living expense deductions. Directs that any increase in compensation, tax benefits, or increase in outside earned income limitations (including honoraria) shall take effect at the beginning of the Congress following the Congress during which such benefits are authorized. Amends rule VIII of the Rules of the House of Representatives and rule XII of the Standing Rules of the Senate to require a recorded vote on such types of legislation. Makes it out of order in the House or Senate to consider such legislation if it contains items other than those relative to congressional benefits.
United States · United States Congress · 6 April 1982
Amends the Federal criminal code to establish penalties for mailing an identification document (usable by a minor for the purchase of alcoholic beverages) which bears an unverified birthdate. Requires for verification that the sender of the identification obtain adequate assurances that the person to be identified is at least 21 years old or that the birthdate is accurate.
United States · United States Congress · 6 April 1982
Amends the Internal Revenue Code to allow a State, at its option, to enter into an agreement with the Secretary of the Treasury and the Secretary of Labor under which the State shall: (1) collect the tax imposed by the Federal Unemployment Tax Act; (2) retain a specified portion of such tax to be used for the administration of the State's unemployment compensation law and public employment offices; and (3) pay to the Treasury the remaining portion of such tax not retained. Allows a State to deposit any unexpended funds into its unemployment fund for use in payment of unemployment compensation. Requires the Secretary of the Treasury and the Secretary of Labor to enter into such an agreement unless: (1) the Secretary of Labor determines that a State does not have an unemployment compensation law which meets the requirements of Federal law; or (2) the Secretary of the Treasury determines that the State is not able to properly collect and pay over the required employment tax. Authorizes the Secretaries to declare a State to be in violation of such arragement if either should determine that the State is not meeting the requirements of this Act. Provides that a refusal to enter into an agreement and a declaration of violation shall be subject to administrative and judicial review. Provides tax penalties for any violation of such an agreement. Provides that any State entering into such an agreement shall not be eligible to receive payments under title III or title IX of the Social Security Act or under the Wagner-Peyser Act. Amends the Internal Revenue Code and titles III and IX of the Social Security Act to allow States, at their option, to maintain and manage their own unemployment funds.
United States · United States Congress · 1 April 1982
Expresses the sense of the House of Representatives that the United States should acclaim and support the demonstration of the people of El Salvador in favor of democracy.
United States · United States Congress · 31 March 1982
Amends the International Communication Authorization Act, fiscal years 1982 and 1983, to authorize additional appropriations for FY 1983 for the International Communication Agency (ICA). Amends the United States Information and Educational Exchange Act of 1948 to allow the fees received by the ICA in connection with its English-teaching programs to be credited to the ICA's applicable appropriation. Amends the Foreign Assistance Act of 1969 to allow Inter-American Foundation grantees to keep the interest earned on investments of grant funds if the interest is used for the purposes for which the grant was made.
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.