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Official portrait of Rep. McClory, Robert [R-IL-13]

Rep. McClory, Robert [R-IL-13]

United States · Official source

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800 records where Rep. McClory, Robert [R-IL-13] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 7362 (97th)referred

Federal Anti-Tampering Act

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.

Bill· HRH.R. 7212 (97th)referred

National Debt Retirement Act of 1982

United States · United States Congress · 29 September 1982

National Debt Retirement Act of 1982 - Amends the Federal Property and Administrative Services Act of 1949 to require the cash proceeds from the transfer, lease, or disposal of surplus government property, with specified exceptions, to be deposited into the general fund of the Treasury and used solely to retire the national debt.

Bill· HRH.R. 7191 (97th)passed

Comprehensive Victim and Witness Protection and Assistance Act of 1982

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.

Law· HRH.R. 7154 (97th)enacted

Federal Rules of Civil Procedure Amendments Act of 1982

United States · United States Congress · 21 September 1982

Federal Rules of Civil Procedure Amendments Act of 1982 - Amends the Federal Rules of Civil Procedure to provide that upon the filing of a civil complaint the clerk shall issue a summons and deliver the summons to the plaintiff or the plaintiff's attorney, who shall be responsible for prompt service of the summons and a copy of the complaint. Provides that process, other than a subpoena or a summons and complaint, shall be served by a U.S. marshal or deputy U.S. marshal, or by a specially appointed person. Provides that a summons and complaint shall, at the request of the party seeking service or such party's attorney, be served by a U.S. marshal or deputy U.S. marshal, or by a specially appointed person only: (1) on behalf of an individual authorized to proceed in forma pauperis; (2) on behalf of the United States; or (3) pursuant to an order issued by a court stating that a U.S. marshal or deputy U.S. marshal, or specially appointed person, is required to serve the summons and complaint. Authorizes the service of a summons and complaint upon a defendant by first class mail. Provides that if service of the summons and complaint is not made within 120 days after filing the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed without prejudice upon the court's own initiative with notice to such party or upon motion. Sets forth forms for the notice and acknowledgment for service by mail.

Bill· HRH.R. 7034 (97th)open

A bill to amend title 28 of the United States Code to provide for an exclusive remedy against the United States in suits based upon acts or omissions of United States employees, to provide a remedy against the United States with respect to constitutional torts, and for other purposes.

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.

Bill· HRH.R. 6978 (97th)open

Bankruptcy Court Act of 1982

United States · United States Congress · 12 August 1982

Bankruptcy Court Act of 1982 - Provides for the appointment of U.S. bankruptcy judges under Article III of the Constitution. Provides for a transition period to the new bankruptcy court structure through March 31, 1983. Provides that in each judicial district there shall be a court of record known as the United States Bankruptcy Court for the district. Directs the President to appoint, by and with the advice and consent of the Senate, bankruptcy judges. Provides that judges shall hold office during good behavior. Sets the salary of a judge at $65,000, subject to adjustment under the Federal Salary Act of 1967. Sets forth procedures for determining: (1) the chief judge of a district; and (2) the times and places of holding court. Provides that when the office of a bankruptcy judge becomes vacant all pending process, pleadings, and proceedings shall, when necessary, be continued by the clerk until a judge is appointed. Provides that in each circuit there shall be a bankruptcy appellate panel. Authorizes a circuit judge to be assigned to hold a bankruptcy court within the circuit judge's circuit. Authorizes the Chief Justice to assign a district judge of one circuit to hold a bankruptcy court in another circuit. Includes bankruptcy judges: (1) in the Judicial Conference; (2) on the judicial council of each circuit; and (3) on the Board of the Federal Judicial Center. Makes conforming amendments, technical amendments, and amendments relating to retirement benefits for bankruptcy transition judges. Sets forth provisions relating to court clerks, court reporters, court officers, and other court employees. Provides that courts of appeals shall have jurisdiction from all final decisions of bankruptcy appellate panels, or from a final judgment of a bankruptcy court, if the parties agree to a direct appeal. Sets forth provisions relating to jurisdiction, venue, procedure, and removal to bankruptcy courts. Makes additional conforming amendments. Sets forth a provision relating to the issuance of writs of habeas corpus by bankruptcy courts. Sets forth provisions relating to bankruptcy cases, matters, and proceedings during the transitional period.

Bill· HRH.R. 6861 (97th)referred

A bill to establish a commission to encourage, plan, develop, and coordinate the commemoration of the bicentennial of the Constitution.

United States · United States Congress · 26 July 1982

Establishes the Commission for the Commemoration of the Bicentennial of the United States Constitution to plan and develop activities to commemorate the historic events that preceded and are associated with the Constitution. Requires Federal departments and agencies to cooperate with the Commission in planning appropriate commemorative activities. Directs the Commission to submit annual reports to the President and the Congress and a final report to the President by May 1, 1991. Terminates the Commission on December 31, 1991. Authorizes appropriations for FY 1983 and subsequent fiscal years.

Resolution· HRESH.Res. 532 (97th)open

A resolution to preserve and restore the first Town Hall of the City of Washington, DC, the historic Rhodes Tavern.

United States · United States Congress · 22 July 1982

Expresses the concern of the House of Representatives in the preservation and restoration of Rhodes Tavern in Washington, D.C. Encourages preservation and restoration efforts by the National Trust for Historic Preservation, the National Capitol Planning Commission, the Commission of Fine Arts, the mayor and city council, and other interested organizations.

Bill· HRH.R. 6816 (97th)open

Diversity Jurisdiction Reform Act of 1982

United States · United States Congress · 21 July 1982

Diversity Jurisdiction Reform Act of 1981 - Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts, but retains as a basis of jurisdiction "alienage," involving foreign states or citizens of foreign states. Increases the amount in controversy requirement in such cases from $10,000 to $25,000. Retains as a basis for Federal jurisdiction statutory interpleader, which includes actions between citizens of different States. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated.

Bill· HJRESH.J.Res. 538 (97th)open

A joint resolution to express the support of Congress for the United States and the Soviet Union to engage in substantial, verifiable, equitable, and militarily-significant reductions of their nuclear weapons resulting in equal and sharply reduced force levels which would contribute to peace and stability.

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.

Bill· HJRESH.J.Res. 523 (97th)referred

A joint resolution to authorize 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 of the United States who served in the Korean war.

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.

Bill· HRH.R. 6613 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to provide for the collection of certain defaulted Federal student loans from income tax refunds.

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.

Bill· HRH.R. 6576 (97th)open

Prohibition of Mandatory Retirement and Employment Rights Act of 1982

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.

Bill· HRH.R. 6510 (97th)open

Safe Harbor Leasing Reform Act of 1982

United States · United States Congress · 27 May 1982

Safe Harbor Leasing Reform Act of 1982 - Amends the Internal Revenue Code to limit the accelerated depreciation deductions and investment tax credit amounts accruing to safe harbor lessors from sale and leaseback arrangements of depreciable property. Allows such lessors a limited income tax credit for the reduction in tax benefits. Exempts safe harbor lessors from at risk requirements for deducting investment losses. Limits the availability of sale and leaseback arrangements in the case of certain lessees with foreign source income. Limits the income tax deduction for interest on investment indebtedness for safe harbor lease property.

Bill· HRH.R. 6508 (97th)referred

Omnibus Victim-Witness Protection and Assistance Act of 1982

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.

Bill· HRH.R. 6497 (97th)open

Violent Crime and Drug Enforcement Improvements Act of 1982

United States · United States Congress · 26 May 1982

Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer, after such a hearing, to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and 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.

Bill· HRH.R. 6402 (97th)referred

Interstate Taxation Act

United States · United States Congress · 18 May 1982

Interstate Taxation Act - Title I: Jurisdiction to Tax - Establishes uniform standards for the taxation by States of interstate business enterprises. Prohibits a State or its political subdivisions from: (1) imposing a net income tax or capital stock tax on a corporation unless such corporation has a business location in the State; (2) requiring an individual to collect a sales or use tax unless such individual has a business location or regularly makes household deliveries in the State; or (3) imposing a gross receipts tax on the sale of tangible personal property unless the seller has a business location in the State. Title II: Maximum Percentage of Income or Capital Attributable to Taxing Jurisdiction - Prohibits a State or its political subdivisions from imposing upon a corporation (other than an excluded corporation) with a business location in more than one State a net income tax which is greater than that amount calculated under a specified two-factor property, payroll apportionment formula. Defines the property factor as a fraction, the numerator being the average value of the corporation's property in a State and the denominator being the average value of all the corporation's property located in any State in which the corporation has a business location. Values owned property at its original cost. Values leased property at eight times the gross rents payable by the corporation. Excludes property which has been permanently retired from use and tangible personal property rented out by the corporation to another person for one year or more. Defines the payroll factor as a fraction, the numerator being wages paid in the State and the denominator being the wages paid to all employees in any State. Permits a State to impose a capital account tax upon a domiciliary corporation without division of capital, notwithstanding the jurisdictional standards and limits on attribution otherwise promulgated by this Act. Title III: Sales and Use Taxes - Permits a State to impose a sales tax or require a seller to collect a sales or use tax on the interstate sale of tangible personal property if the destination of the sale is in that State or in a State or political subdivision for which the tax is required to be collected. Prohibits a State from imposing a use tax on the tangible personal property of persons without a business location or individuals without a dwelling place in that State. Permits States to collect sales and use taxes on motor vehicles registered in such States and on the consumption of motor fuels, notwithstanding the jurisdictional standards promulgated by this Act. Prohibits a State from imposing a sales or use tax upon the cost or value of household goods, including motor vehicles, which an individual brings into that State upon establishing residence, if such goods were acquired 30 days or more before the individual established residence. Excludes freight charges on interstate sales which are separately stated from the sales price for purposes of determining the sales or use tax. Exempts a seller of tangible personal property in interstate commerce from liability for the collection or payment of a sales or use tax if the seller obtains from the buyer identification that the buyer is registered with the jurisdiction imposing the sales or use tax to collect or pay such tax, or a certificate indicating that the seller is exempt from the payment of such tax in that jurisdiction. Title IV: Evaluation of State Progress - Requires the Committee on the Judiciary of the House of Representatives and the Committee on Finance of the Senate to evaluate, during the four years following the enactment of this Act, the progress which the States and their political subdivisions are making in resolving the problems arising from State taxation of interstate commerce, and to make proposals for the resolution of such problems if the States have not made substantial progress toward their resolution. Title V: Taxation of Individuals - Prohibits a State from taxing the income of an individual which was earned while such individual was not domiciled in such State (except to the extent that the income was earned from sources within the State), or which was earned from sources outside the State while the individual was domiciled in the State (except to the extent the tax exceeds any income tax paid on income to the State in which the income was earned). Title VI: Definitions and Miscellaneous Provisions - Defines "excluded corporation" to be a corporation which: (1) derives more than 50 percent of its ordinary gross income from the business of transportation for hire, telephone or telegraph service, the sale of electrical energy, gas, or water, insurance, or banking and which receives such income from dividends, interest, or royalties; (2) is a personal holding company; or (3) has an average annual income in excess of $1,000,000. Prohibits a State from imposing upon any person a greater liability for sales, use, or gross receipts tax on transactions which occur outside the State than for transactions which occur within such State. Prohibits a State from charging a taxpayer for the cost of conducting an audit outside the State for a tax to which this Act applies. Prohibits a State from assessing taxes against any person for any period prior to the enactment of this Act.

Bill· HRH.R. 6373 (97th)open

Volunteering in Government Act of 1982

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.

Resolution· HCONRESH.Con.Res. 342 (97th)referred

A concurrent resolution expressing the sense of Congress with respect to ongoing investigations of foreign trade practices involving steel mill products.

United States · United States Congress · 12 May 1982

Expresses the sense of the Congress that: (1) the President should direct the appropriate agencies to pursue vigorously and conclude promptly the countervailing duty and antidumping investigations being conducted under the Tariff Act of 1930 and the Trade Act of 1974 concerning foreign trade practices involving carbon steel mill products and specialty steel mill products; and (2) the Congress should consider legislation to strengthen U.S. trade laws if necessary.

Bill· HRH.R. 6325 (97th)referred

Housing and Automobile Industries Recovery Act of 1982

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.

Bill· HRH.R. 6262 (97th)referred

Joint Research Act of 1982

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.

Law· HRH.R. 6204 (97th)enacted

An act to provide for appointment and authority of the Supreme Court Police, and for other purposes.

United States · United States Congress · 28 April 1982

Amends Federal law to authorize the Marshal of the Supreme Court to appoint and fix the compensation of employees to serve as Supreme Court Police. Directs the Marshal to: (1) oversee the work of the Supreme Court Police; and (2) prescribe regulations approved by the Chief Justice as necessary for the adequate protection of the Supreme Court Building, grounds, persons and property, and for the maintenance of order.

Law· HRH.R. 6170 (97th)enacted

National Driver Register Act of 1982

United States · United States Congress · 27 April 1982

Directs the Secretary of Transportation to make grants to States which adopt and implement programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol. Limits the receipt of such grants to three fiscal years and sets forth the Federal share payable for each successive year. Requires the Secretary to establish criteria for the grants based on areas of consideration provided under this Act. Authorizes appropriations from the Highway Trust Fund for fiscal years 1983 through 1985. Directs the Secretary to issue regulations to implement such traffic safety programs after a period for public comment. Sets the effective date of such regulations, unless they are disapproved by either House of Congress.

Bill· HRH.R. 6105 (97th)open

A bill to amend title 18, United States Code, to provide criminal penalties for the mailing of identification documents bearing a false birth date.

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.

Bill· HRH.R. 6009 (97th)referred

Enterprise Zone Tax Act of 1982

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.

Resolution· HRESH.Res. 421 (97th)passed

A resolution to amend the Rules of the House of Representatives to establish a Select Committee on Children, Youth and Families.

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.

Resolution· HCONRESH.Con.Res. 297 (97th)open

A concurrent resolution to express the sense of the Congress that the United States and the Soviet Union should engage in substantial, equitable, and verifiable reductions of their nuclear weapons in a manner which would contribute to peace and stability.

United States · United States Congress · 29 March 1982

Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels of forces; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.

Bill· HRH.R. 5924 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to deny all deductions and credits in connection with carrying on illegal drug or other business activity if the taxpayer is convicted of a Federal felony for engaging in such activity.

United States · United States Congress · 23 March 1982

Amends the Internal Revenue Code to disallow either an income tax deduction or credit for expenditures made in connection with the illegal sale of drugs or in connection with other business activities for which a taxpayer is convicted of a Federal felony.