United States · United States Congress · 1 October 1982
Declares it to be the policy of the Government that: (1) Federal procurement should be accomplished on a competitive basis wherever possible through the General Services Administration (GSA); (2) the use of multiple award schedules should be restricted to cases where competitive single awards are not feasible, sales volume justifies centralized procurement, and a valid need exists for functionally similar items with different prices and features; and (3) where the volume of products purchased is too low to provide a price advantage and commercial "off-the-shelf" products can be substituted for products designed to Government specifications, individual agencies should purchase items locally subject to review by the GSA. Directs the Administrator of the GSA to implement: such policy; the recommendations on procurement contained in the Comptroller General's report of May 2, 1979; and the policy statement prepared by the Office of Acquisition Policy in response to such report. Directs the Administrator, within 60 days after enactment, to issue transitional regulations governing purchases from any multiple award schedule. Requires that such regulations: (1) include the requirement that whenever any agency procurement officer or employee determines that an item in such a schedule is available from a commercial source in the area at a lower cost and under conditions which are no less favorable to the Government than is the case under the schedule, the item shall be purchased from that source; and (2) establish procedures for the audit and review of any such purchase and the enforcement of such regulations by the GSA. Repeals such regulations on the effective date of the regulations which are issued to implement the procurement policy declared by this Act and which apply to any item on a multiple award schedule. Requires the Administrator to submit to Congress periodic reports on actions taken and legislation needed to carry out this Act.
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.
United States · United States Congress · 15 July 1982
Expresses the support of the Congress for beginning strategic arms reductions talks. Urges the Soviet Union to join with the United States in concluding an equitable and verifiable agreement which freezes strategic nuclear forces at equal and substantially reduced levels. Reaffirms congressional support for the position that the United States should not enter into an arms agreement which provides for force levels inferior to those of the Soviet Union. Declares that the United States should propose practical measures to: (1) reduce the danger of accidental nuclear war; (2) prevent the use of nuclear weapons by third parties, including terrorists; and (3) halt the worldwide proliferation of nuclear weapons. Insists that any arms control agreement must be fully verifiable.
United States · United States Congress · 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 · 21 May 1982
Professional Sports Stabilization Act of 1982 - Declares that it shall not be unlawful under any antitrust law for a professional sports league and its member clubs to enforce rules: (1) requiring approval by the league membership for the relocation of a member club; or (2) providing for the division of league or member club revenues that promote comparable economic opportunities for member clubs. Prohibits State and local governments from imposing limitations on the collective conduct of sports leagues or member teams authorized by this Act. Specifies the applicability of this Act to actions commenced under the antitrust laws before its enactment.
United States · United States Congress · 20 May 1982
Federal Government Bicentenary Act of 1982 - Establishes the National Commission for the Commemoration of the Federal Government Bicentenary Era to: (1) commemorate the historic events that occurred in the forming of the Federal Government between 1776 and 1800; (2) solicit the participation of educational and historical organizations; (3) assist and coordinate appropriate projects, programs, and activities; and (4) request financial assistance from public and private entities to carry out the purposes of this Act. Requires the Commission to report annually to the President, Congress, and the Chief Justice of the United States on its activities, including an accounting of its receipts and expenditures. Requires a final report by June 30, 2001, and terminates the Commission on such date. Authorizes appropriations. Authorizes an additional amount each fiscal year, which sums may be expended only when matched with non-Federal funds by a specified ratio.
United States · United States Congress · 11 May 1982
Amends the Clean Water Act to declare that "discharge of a pollutant or pollutants" does not include effects upon water quality resulting solely from the impoundment of waters or the release of impounded waters or the methods of such release.
United States · United States Congress · 29 March 1982
Authorizes the President to designate April 4, 1982, as the National Day of Reflection. Notes that such date coincides with the 80th birthday of Rabbi Menachem Mendel Schneerson, head of the Lubavitch movement.
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.
United States · United States Congress · 18 March 1982
Caribbean Basin Economic Recovery Act - Title I: Duty-Free Treatment - Authorizes the President to proclaim duty-free treatment for all eligible articles from Caribbean countries the President designates as beneficiary countries. Prohibits the President from terminating a country's beneficiary designation unless both Houses of Congress are notified 60 days before the termination. Requires the President to consider only specified countries and territories as beneficiary countries. Prohibits the President from designating as a beneficiary country any country that: (1) is a Communist country; (2) has nationalized or seized control, or effectively nationalized or seized control, of U.S. property, unless the President determines that a good faith effort is being made to compensate for such seizure; (3) fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of U.S. citizens or corporations; or (4) grants preferential treatment to the products of a developed country other than the United States which may have a significant adverse effect on U.S. commerce, unless the President reports to Congress that certain assurances have been made. Permits the President to designate as a beneficiary country a Communist country, an expropriating country or a country that fails to act in good faith with respect to an arbitral award if the President determines and reports to Congress that such designation will be in the national interest. Lists factors the President should consider in determining whether to grant beneficiary designation. Amends the Tariff Schedules of the United States to grant to imports from U.S. insular possessions, subject to specified provisions of this Act, duty treatment no less favorable than the treatment afforded such imports from a beneficiary country. Directs the President to withdraw or suspend a country's beneficiary designation, if the President determines that changed circumstances in such country would prohibit such designation under the guidelines in this title. Requires duty-free treatment to apply to any article imported from a beneficiary country, unless otherwise excluded from eligibility, if: (1) the article is imported directly from such country into U.S. customs territory; and (2) the sum of specified costs of the article is not less than 25 percent of its appraised value at the time of its entry. Prohibits this duty-free treatment from applying to textile and apparel articles covered by textile agreements. Sets forth the manner of governing the importation and duty-free treatment of certain sugars, sirups, and molasses. Authorizes the President to suspend the duty-free treatment provided by this title and to proclaim a duty for an eligible article if such action is taken pursuant to certain import relief or national security provisions. Requires the International Trade Commission (ITC) in any report on a petition for import relief under the Trade Act of 1974 to state how its findings and recommendations apply to any duty-free article imported from beneficiary countries. Authorizes the President to reduce or end the application of import relief measures with respect to articles imported from beneficiary countries earlier than otherwise scheduled. Provides that suspension of duty-free treatment provided by this title shall be treated as an increase in duty for purposes of the import relief section of the Trade Act of 1974. Prohibits such a suspension of duty-free treatment unless the ITC finds that the harm caused by the imports results from its duty-free treatment by this title. Authorizes the filing of petitions for import relief with the Secretary of Agriculture, as well as with the ITC, for injury from imports of perishable products from beneficiary countries. Directs the Secretary to recommend the granting or denying of such petition within 14 days of its filing. Requires the President to take emergency action or to publish a notice of determination not to take emergency action within seven days of receiving the Secretary's recommendation. Sets forth the limits on the duration of the emergency action. Defines perishable products to include certain fresh or chilled vegetables, fresh mushrooms, fresh fruit, and fresh cut flowers. Exempts from proclamations under this title certain fees imposed pursuant to the Agricultural Adjustment Act. Amends the Tariff Schedules of the United States to increase to five liters (currently, four liters) the amount of duty-free liquor that may be brought into the United States. Requires that not more than four liters, of such five liter limit, may have been produced outside American Samoa, Guam, or the U.S. Virgin Islands. Authorizes the President to withdraw duty-free treatment on rum if the amount of excise taxes on rum that is paid into the treasuries of Puerto Rico and the Virgin Islands falls below the amount that would have been paid if the rum had been produced in Puerto Rico or the Virgin Islands. Amends the Trade Agreements Act of 1979 to repeal the provision for protecting U.S. possessions against revenue losses caused by concessions granted by the United States in the Tokyo Round of the Multilateral Trade Negotiations. Prohibits any action under this title from affecting a tariff imposed by Puerto Rico on coffee imported into Puerto Rico. Limits the duration of duty-free treatment under this Act to 12 years. Title II: Emergency Economic Assistance - Authorizes FY 1982 appropriations for economic support funds for countries in the Caribbean Basin. Title III: Tax Provisions - Amends the Internal Revenue Code to require excise taxes on rum imported into the United States to be paid to Puerto Rico and the U.S. Virgin Islands. Limits the amount paid to Puerto Rico and the U.S. Virgin Islands to the amount those possessions would have received if the rum had been produced in Puerto Rico or the Virgin Islands and transported to the United States. Provides an investment tax credit for investments in Caribbean Basin property placed in service within five years after enactment. Defines Caribbean Basin property as new investment credit property used predominantly in a country that is: (1) a beneficiary country, as defined under this Act; and (2) a party to a bilateral agreement providing for exchange of information between the United States and the beneficiary country. Authorizes the Secretary of the Treasury to conclude an agreement with a beneficiary country to provide information to carry out the tax laws of the United States and the beneficiary country. Prohibits allowing an investment tax credit to foreign corporations for Caribbean Basin property. Allows an investment tax credit to a U.S. shareholder of a foreign corporation that invests in Caribbean Basin property if the shareholder holds five percent of the foreign corporation's stock. Requires recapture of the investment credit if, during any taxable year, the Caribbean Basin property is used predominantly outside a qualifying country or the United States. Extends an investment tax credit and accelerated cost recovery deduction to property owned or used by U.S. corporations or citizens engaged in trade or business in Puerto Rico or other U.S. possessions. (Current law excludes such corporations and citizens from obtaining such credit and deduction.) Authorizes certain corporations that own stock in corporations doing business in Puerto Rico or another U.S. possession to receive a portion of the investment tax credit and accelerated cost recovery deduction available to corporations doing business in Puerto Rico or another U.S. possession. Authorizes certain corporations that own stock in corporations doing business in the Virgin Islands to receive a portion of the investment tax credit and the accelerated cost recovery deduction available to the corporations doing business in the Virgin Islands. Excludes from the definition of qualified leased property for purposes of the accelerated cost recovery deduction Caribbean Basin property and property in Puerto Rico or U.S. possessions owned by certain U.S. corporations or citizens.
United States · United States Congress · 17 March 1982
Immigration Reform and Control Act of 1982 - Title I: Control of Illegal Immigration - Part A: Employment - Amends the Immigration and Nationality Act to make it unlawful for a person to knowingly hire, recruit, or refer any alien not authorized to work. Makes following the appropriate verification procedures an affirmative defense for an employer so charged. Sets forth a transitional verification procedure (for the first three years) under which an employer must attest that he or she has examined the alien's identity and work eligibility papers (passport, social security card, etc.). Requires the President to implement a secure verification system within three years. Prohibits the use of this system or any required identification document for other law enforcement purposes. Sets forth graduated civil and criminal penalties for verification violations. Directs the Attorney General, in cooperation with the Secretaries of Commerce, Labor, and Agriculture, and the Administrator of the Small Business Administration, to inform employers, employment agencies, unions, and the public about these requirements. Authorizes appropriations for FY 1983. Makes it illegal to fraudulently misuse or manufacture entry or work documents (up to $5,000 fine or five years' imprisonment or both). Part B: Enforcement and Fees - Makes it unlawful for a person to knowingly, or in reckless disregard of the fact that an alien is not authorized to enter the United States, bring such person into the country (up to $2,500 or one year's imprisonment or both). Expresses the sense of Congress that: (1) Immigration and Naturalization Service (INS) enforcement activities and resources should be increased; and (2) the Attorney General should use his existing authority under such Act to impose maintenance and operating fees for an alien's use of INS border facilities and services. Part C: Adjudication Procedures and Asylum Inspection and Exclusion - Establishes in the Department of Justice a United States Immigration Board to hear appeals from final decisions of administrative law judges under such Act. Provides that the Chairman of such Board shall appoint these administrative law judges. Grants such judges responsibility over cases of exclusion, deportation, status rescission, and asylum. Requires exclusion appeals to be filed with the Board (rather than the Attorney General) within 15 days. Limits judicial review in exclusion and asylum cases to the question of habeas corpus. Reduces the period for filing a petition for judicial review of final orders of exclusion, deportation, and asylum from six months to 30 days. Revises asylum provisions to: (1) require an alien under an exclusion or deportation order to apply for asylum within 14 days after notice of such order unless changed circumstances in the alien's country cause a change in asylum eligibility; (2) prohibit an alien from reapplying for asylum after having been denied such status unless such changes have occurred; (3) require asylum applications to be heard before administrative law judges having special training in international law; (4) permit legal counsel at asylum hearings; (5) require an alien to be an admissible refugee in order to be granted asylum; (6) place the burden of proof on the applicant; and (7) prohibit the reopening of an application proceeding unless changed circumstances in the alien's county cause a change in asylum eligibility. Requires the President to nominate members of the Board within 45 days. Sets forth administrative and operating provisions for the transfer of asylum proceedings from the existing special inquiry system to the administrative law judge system. Authorizes appropriations for such purpose for FY 1983. Part D: Adjustment of Status - Prohibits adjustment of status to permanent resident for violators of (nonimmigrant) visa terms. Title II: Reform of Legal Immigration - Part A: Immigrants - Revises numerical limitation provisions to: (1) establish a "family reunification" category of 325,000 (minus the number of prior-year immediate relatives); (2) establish an "independent" category of 100,000 (minus the number of prior-year special immigrants); and (3) permit 40,000 annual entrants each from Mexico and Canada, with each country entitled to the other's unused visas. Sets forth family reunification preference allocations as follows: (1) unmarried sons and daughters of U.S. citizens; (2) spouses and children of permanent residents; (3) married sons and daughters of U.S. citizens; and (4) brothers and sisters of U.S. citizens with already approved visas. Sets forth "independent" preference allocations as follows: (1) aliens of exceptional ability; (2) skilled workers; (3) investors; (4) unskilled workers; and (5) nonpreference workers. Sets forth an interpreference allocation guide. Provides that labor certifications will be granted on the basis of national job market data, and requires a finding that U.S. workers could not be trained (or be presently available) within a reasonable period of time. Includes within the definition of "special immigrant" Amerasian children who: (1) are unmarried and between 14 and 21 years old; (2) were fathered by a U.S. citizen on active duty in Korea, Vietnam, Cambodia, or Laos, and subject to discrimination in such countries; (3) are orphans or have been put up for adoption; and (4) are coming to the United States to be adopted by a U.S. citizen or citizens. Limits such annual entrants to 2,000. Terminates such category after five years. Includes within the definition of "special immigrant" unmarried sons and daughters and surviving spouses of employees of certain international organizations. Part B: Nonimmigrants - Limits (H-2 visa) temporary workers to a maximum stay of eight months per year unless the Secretary of Labor extends such period. Requires an employer petition (to bring in such workers) to certify that: (1) there are not enough U.S. workers for the job; and (2) similarly employed U.S. workers' wages will not be adversely affected. Provides that: (1) employers need not submit such petition more than 80 days in advance of need; and (2) the Secretary must take a decision on a petition within 20 days of need, or else the petition is considered approved. Provides for a seven-day expedited certification. Requires the Secretary, in consultation with the Attorney General and the Secretary of Agriculture, to report annually to the Congress. Authorizes appropriations beginning with FY 1983 to recruit domestic workers and monitor the nonimmigrant worker program. Directs the Secretary of Labor to report on the H-2 worker program to Congress within six months. Prohibits foreign students from adjusting their status to permanent resident unless they are immediate relatives of U.S. citizens. Requires foreign students to return to their home country for two years before being eligible to apply for a U.S. permanent resident visa. Authorizes the Attorney General and the Secretary of State to establish a three-year pilot visa waiver program for up to five countries providing a similar benefit to the United States. Sets forth program provisions. Title III: Legalization - Authorizes adjustment of status to permanent resident for specified undocumented aliens who have resided in the United States since January 1, 1978. Authorizes a temporary resident status for Cuban/Haitian entrants and for specified undocumented aliens who have resided in the United States since January 1, 1980. Permits such temporary resident aliens to: (1) work in the United States; and (2) apply for permanent resident status after two years. Makes temporary residents (other than Cuban/Haitian entrants) ineligible for Federal public assistance (other than medical care, aid to the aged, blind, or disabled, and public health). Prohibits the legalization of persons: (1) convicted of a felony or three or more misdemeanors in the United States; or (2) who have taken part in political, religious, or racial persecution. Directs the Attorney General, in cooperation with designated voluntary agencies and the Secretary of Labor, to disseminate information about such status legalization program. Authorizes appropriations for such program for FY 1983.
United States · United States Congress · 2 February 1982
Amends rule VIII of the Rules of the House of Representatives to require a recorded vote on final passage of legislation that adjusts the pay of Members, affects limitations on outside earned income, or provides tax credits or deductions for Members as a separate or distinct class. Excludes adjustments made pursuant to the Legislative Reorganization Act from such requirement. Makes it out of order in the House to consider any bill or resolution subject to such amended rule unless: (1) it is comprised solely of the items affecting the pay or benefits of Members; and (2) it takes effect at the beginning of the subsequent Congress.
United States · United States Congress · 16 December 1981
Broadcast Licensing, Renewal, and Deregulation Act of 1981 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidence such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer of the permit or license involved to a different person. Repeals certain provisions relating to the application of the antitrust laws. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) programs; (2) programming formats; (3) ascertainment; (4) commercialization; and (5) maintenance of program logs.
United States · United States Congress · 11 December 1981
Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 180 days each during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Comptroller General to conduct a study of the hospice reimbursement method. Defines hospice care as including items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis.
United States · United States Congress · 17 November 1981
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should immediately study and report to Congress on ways to correct the benefit disparity caused by the 1977 changes in the social security retirement benefit formula.
United States · United States Congress · 26 October 1981
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to Queen Beatrix of the Netherlands in recognition of the bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.
United States · United States Congress · 22 October 1981
Amends the Internal Revenue Code to allow an income tax exclusion for interest earned on national home ownership bonds. Defines "national home ownership bonds" as certificates of deposits issued before 1985 which are used to provide owner-financing of single family residences. Requires that such bonds have a maturity rate of five years and an investment yield not exceeding ten percent and be issued in denominations of at least $1,000. Prescribes percentage tables for determining the interest rate on such financing.
United States · United States Congress · 20 October 1981
Bankruptcy Improvements Act of 1981 - Amends title 11 of the United States Code (Bankruptcy) to establish an eligibility test for liquidation bankruptcy relief based on the individual petitioner's ability to pay a reasonable portion of his debts out of future income. Permits the court to dismiss a bankruptcy case under chapter 7 (liquidation) upon the motion of any party in interest filed not later than 30 days after the meeting of creditors, and after notice and a hearing, if the debtor is ineligible for relief under such title. Requires the bankruptcy judge to preside at any meeting of creditors and to perform such additional judicial duties any may be required. Declares that the value of the creditor's interest in the estate's interest in such property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Requires the debtor in bankruptcy cases to file a statement of income and expenses. Requires the debtor, if the debtor's schedule of assets and liabilities includes consumer debts which are secured by property of the estate, to file and serve upon each creditor holding such security and the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Repeals the provisions concerning exempt property and makes the States responsible for establishing exemptions to bankruptcy proceedings. Makes any debt which was incurred on or within 90 days before the date of the filing of a petition under such title nondischargeable. Allows creditors to enforce liens which have not been voided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later, by giving a written notice of rescission to the creditor. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge. Eliminates the trustee's power to avoid liens or recover payments made within 90 days of filing petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified objects. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence at the time of the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of co-debtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where at least 70 percent of all allowed unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan.
United States · United States Congress · 7 October 1981
Expresses the sense of the House of Representatives that the provisions of the Internal Revenue Code which provide incentives for energy conservation and development of renewable energy sources should not be repealed or amended to reduce such incentives.
United States · United States Congress · 30 September 1981
Authorizes the President to present, on behalf of the Congress, a gold medal to Fred Waring, Louis L'Amour, and the widow of Joe Louis. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of each medal. Authorizes appropriations.
United States · United States Congress · 11 September 1981
Disapproves the final rule promulgated by the Federal Trade Commission dealing with the matter of the trade regulation rule relating to the sale of used motor vehicles.
United States · United States Congress · 4 August 1981
Expresses the sense of Congress that the United States should complete construction of a permanent manned operations center in low Earth orbit within ten years. Requests the President to submit to Congress within one year a plan for implementing such objective.
United States · United States Congress · 4 June 1981
Urban Jobs and Enterprise Zone Act of 1981 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones, for a period ending December 31, 2001, and subject to the approval of the Secretary of Housing and Urban Development, by local governments or by State governments on behalf of local governments for purposes of extending the tax incentives and regulatory flexibility measures provided by titles II and III of this Act. Specifies that the Secretary may approve the designation of such zones only if: (1) the area is within the jurisdiction of the designating local government; (2) the boundary of the area is continuous and includes accessible vacant or underutilized properties; (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 an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires designating local governments, as a condition of the Secretary's approval, 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, 1996. Sets forth minimum and maximum numbers of such designations. Describes areas to which preference shall be given in deciding to designate enterprise zones. Amends the Department of Housing and Urban Development Act to set forth the duties of the Secretary under this Act. Requires any property tax reduction effected by a local government under an agreed to program to be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. Expresses the sense of the Congress that: (1) local governments should attempt to facilitate to the greatest extent possible the employment of poor and unemployed residents of their enterprise zones and should consider the effects of a designation upon area employment practices and patterns; and (2) whenever possible, foreign-trade zones should be established within enterprise zones and that in the case of any application for designation of a foreign-trade zone within an enterprise zone: (A) the Foreign-Trade Zone Board should expedite the application process; (B) the Board, in evaluating such application, should consider future development to be expected as a result of the incentives provided by this Act; and (C) the Board should provide technical assistance to the applicants. Title II: Taxation - Subtitle A: Refundable Credits for Employers and Employees - Amends the Internal Revenue Code to allow employers a refundable income tax credit for five percent of the wages paid to unemployed or economically disadvantaged individuals who are certified as eligible under the Comprehensive Employment and Training Act and who perform at least 50 percent of their services within an enterprise zone. Disallows a deduction for the portion of the wages or salaries equal to the amount of such credit. Allows individuals who are employees of qualified businesses and at least 50 percent of whose services during the taxable year are performed in an enterprise zone a refundable tax credit for five percent of the earned income attributable to services performed in an enterprise zone during a 36-month period. Limits such credit to $1,500 for any taxable year. Defines "qualified business" as a person: (1) at least 50 percent of whose gross receipts are attributable to the active conduct of a trade or business within an enterprise zone; and (2) at least 40 percent of whose employees are individuals whose employment qualifies for the employers' credit allowed under this subtitle and who are hired after the later of the date on which the conduct of a business in an enterprise zone is begun or the area is designated as such a zone. Subtitle B: Reduction in Capital Gain Tax Rates - Reduces the alternative tax on capital gains and increases the capital gains deduction. 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. Removes as an item of tax preference accelerated depreciation on real property used in such a business. Subtitle C: Reduction in Gross Income of Trades or Businesses Operating in Zone - Excludes from taxable income a specified percentage of the sum of any amount received by a qualified business from the active conduct of a trade or business within an enterprise zone and any interest on financing provided by a taxpayer to a qualified business in connection with the conduct of such business. Subtitle D: Other Incentives - Permits any qualified business to elect to use the cash receipts and disbursements method of accounting without regard to any inventory requirements if its gross receipts do not exceed $2,000,000 in any prior taxable year. Allows a 20-year carryover of net operating losses for qualified businesses. Qualifies for the investment tax credit low-income rental housing with respect to which the capital gains tax reduction is granted under subtitle B of this title. Subtitle E: 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 title. 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.
![Official portrait of Rep. Rhodes, John J. [R-AZ-1]](https://www.congress.gov/img/member/r000188_200.jpg)