United States · United States Congress · 29 July 1982
Ocean and Coastal Development Impact Assistance Block Grant Act - Establishes the Ocean and Coastal Development Impact Assistance Fund in the Treasury. States that four percent of all bonus revenues and six percent of all royalty revenues from Outer Continental Shelf oil and gas leases shall be deposited in such Fund. Provides block grants from such Fund to coastal States and territories for ocean and coastal energy impact assistance and resource management. Sets forth an allocation formula based upon oil or gas production, coastal population, and shoreline. Requires a State to give at least 40 percent of such grant to local coastal communities. Provides for assessment and audit of such block grants.
United States · United States Congress · 26 July 1982
Amends the Export Administration Act of 1979 to authorize the President to enter into a bilateral international oil supply agreement pursuant to which the United States would export to any country crude oil in exchange for an equal amount of crude oil from supplies owned or controlled by such country. Requires any such agreement to contain: (1) assurances that oil exported pursuant to the agreement will be shipped in U.S.-flagships; and (2) provisions permitting the termination or suspension of the agreement if the President determines that the national interests of the United States require such termination or suspension .
United States · United States Congress · 21 July 1982
Sets forth the congratulations of Congress to the National Aeronautics and Space Administration and other organizations and persons who contributed to the successful completion of the Space Shuttle test flight period.
United States · United States Congress · 15 July 1982
Amends the Tax Reform Act of 1969 to exempt for ten years certain private foundations from the divestiture requirements imposed on private foundations having excess business holdings. Sets forth eligibility requirements for such exemption.
United States · United States Congress · 15 July 1982
Establishes the United States Capitol Page Board for the supervision and education of congressional pages. Repeals the eligibility of Supreme Court pages for attendance and residence at the John W. McCormack Residential Page School. Requires the Board to provide for personnel to perform duties with respect to such school.
United States · United States Congress · 14 July 1982
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 29 June 1982
Authorizes the Secretary of the Interior to construct, operate, and maintain the Santa Margarita project, in California, for purposes of water supply, flood control, regulation of imported water, recreation, and fish and wildlife enhancement. States that such project shall consist of specified features, principally, Fallbrook Dam and Reservoir and DeLuz Dam and Reservoir. Gives the Secretaries of the Interior and of the Army rights of ingress to and egress from Camp Pendleton to conduct activities associated with such project. Authorizes appropriations.
United States · United States Congress · 16 June 1982
American Samoa Bond Authorization Act of 1982 - Authorizes American Samoa to issue bonds and other obligations payable solely from revenues derived from any improvement or undertaking. Exempts such bonds from Federal, State, and local taxes. Prohibits the United States from being liable for such bonds.
United States · United States Congress · 10 June 1982
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to revise State review and health and safety data request authority under such Act. Prohibits a political subdivision of a State from regulating the sale or use of any federally registered pesticide or device. Permits a State to request previously submitted (in support of a Federal registration) health and safety data for its own review from either the applicant or the Environmental Protection Agency (EPA). Permits a State to require additional data when there are special local concerns about increased environmental risk or pesticide ineffectiveness. Authorizes: (1) the applicant to contest such request through the EPA; and (2) the EPA to modify or overrule such State request. Subjects State and EPA determinations to judicial review in U.S. district courts. Makes other State data requests subject to EPA review. Requires States to review a registration application within 60 days or such application shall be considered approved. Gives States up to 120 days to review an application for a pesticide used in the commercial production of food crops if a new use or active ingredient is involved.
United States · United States Congress · 10 June 1982
Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1982 - Amends the Federal Insecticide, Fungicide and Rodenticide Act to exclude from the definition of "use inconsistent with the label" the use of a registered pesticide for another end-use product or for repackaging such product, unless such use is prohibited by the labeling. Revises pesticide registration provisions. Increases reply time to an Environmental Protection Agency (EPA) data request from 90 to 180 days. Requires, rather than permits, joint development arrangements where appropriate unless all parties object. Sets forth a 25 percent or $100,000 (whichever is less) cost-sharing arrangement. Requires the Administrator of the EPA to suspend the registration of a party for data request noncompliance. Makes such suspension enforceable in U.S. district courts. Expands the scope of suspension appeals. Provides a 15-year protective period for such additional data. Permits new parties to use such data (and be considered original developers) if they reimburse the joint developers. Permits registrants to replace scientifically insufficient health and safety data with new data submitted after September 30, 1978. Authorizes joint development arrangements. Establishes a 120 day joint developer transition period. Sets forth end-use product formulator exemptions. Requires the Administrator to give 90-day notice to affected registrants of the risks upon which a proposed public interim review will be based. Makes an interim decision not to restrict a pesticide's use or classification subject to judicial review. Sets forth required registration data. Requires: (1) 90-day reregistration notice: and (2) cancellation (subject to judicial review) for failure to reregister within the permitted time. Provides 15-year exclusive use protection for supporting data for: (1) a pesticide containing a new active ingredient initially registered after September 30, 1978; (2) a new use registration; (3) an experimental use permit for a pesticide containing a new active ingredient; and (4) new uses of existing ingredients originally registered after January 1, 1970. Permits an applicant to use his own data or data already submitted to the EPA, or a combination of both, unless precluded by compensation or exclusive use provisions. Sets forth: (1) transitional exclusive use protection provisions; and (2) effective dates for exclusive use and compensation provisions. Directs the Administrator to: (1) compile and make public a data index for each protected active ingredient within one year; and (2) update such indexes at least semiannually. Requires that data cited in a new registration application be made public. Permits original registrants claiming to be adversely affected to have a cancellation hearing. Provides for judicial review of such hearing. Provides 15-year exclusive use protection for specified applications approved after the enactment of this Act but before the effective date of relevant provisions. Requires the Administrator to take agricultural production and prices into account when considering classification changes. Authorizes registration phase-out in addition to changes or cancellations. Requires an applicant to explain why specific registration data should be protected from disclosure as a trade secret or commercial or financial information. Requires the Administrator to provide an applicant with up to 60 days to show that data to be disclosed is protected manufacturing, testing, or ingredient percentage information. Requires the Administrator to issue disclosure regulations. Requires interim regulations within 60 days. Establishes separate procedures for disclosure of innovative methods and technology. Makes such information available only to scientists and certain nonprofit organizations. Prohibits any piece of information from being so considered for more than five years. Sets forth guidelines for nondisclosure of certain information acquired from foreign governments or international organizations. Provides a private right of action for or data disclosure violations. Makes it unlawful to disclose or transfer, solicit, or use information in a manner prohibited by such Act. Makes it unlawful to fire a person or adversely affect his or her work status for exercising his or her rights under such Act. Revises provisions regarding penalties for improperly obtaining or using specified pesticide data. Extends the scientific advisory panel through FY 1984. Authorizes appropriations through FY 1984.
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 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 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 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 or second ranking official in each executive department, Director or Deputy Director of Central Intelligence, U.S. Supreme Court justice or nominee, or 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 guility 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 official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in or on or within 1,000 feet of, an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the Federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.
United States · United States Congress · 12 May 1982
Amends the Food Stamp Act of 1977 to revise employment requirements for any person making application for food stamp benefits based upon such person's recent history of employment or receipt of State unemployment compensation. Exempts from such requirements: (1) persons under 18 or over 59 years of age; (2) persons certified as physically or mentally unfit for employment by a physician; (3) an unmarried parent or other household member responsible for the care of a child under 6 years of age or an incapacitated person; or (4) a married parent or other caretaker of a child under 6 years of age in a household in which the other parent is otherwise exempt from employment requirements.
United States · United States Congress · 11 May 1982
Amends part A (General Provisions) of title XI of the Social Security Act to prohibit the inclusion of the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund and of the receipts from the taxes on self- employment income, employees, and employers in the totals of the Federal budget. Exempts such receipts and disbursements from any general statutory limitation on Federal budget outlays and from the provisions of the Congressional Budget and Impoundment Control Act of 1974 (other than certain impoundment control provisions).
United States · United States Congress · 6 May 1982
Amends the Immigration and Nationality Act to prohibit an Immigration and Naturalization Service official or employee from entering a farm or agricultural operation without a warrant.
United States · United States Congress · 4 May 1982
Food Stamp Cost Reduction Act of 1982 - Amends the Food Stamp Act of 1977 to require that eligible households be charged for food stamp allotments issued to them. Exempts from such charge: (1) households that contain a member who is 60 years of age or over, or who is receiving supplemental security income benefits or disability payments under the Social Security Act; and (2) households with income less than $30 per month for a family of four. Establishes a separate account in the Treasury for the deposit of funds derived from such charges. Requires States to institute procedures under which an eligible household may have charges for allotments deducted from payments received under title IV of the Social Security Act (Aid and Services to Needy Families with Children). Requires a State agency to deposit into the separate account sums derived from negligence or fraud on the part of the agency. Requires that appropriations in excess of the charges paid by eligible households be deposited into the account. Directs the Secretary of Agriculture to make cost adjustments in the thrifty food plan to reflect the age and sex of the members of an eligible household. Includes energy assistance payments as household income. Revises employment requirements for persons making application for food stamp benefits based upon such person's recent history of employment or receipt of State unemployment compensation. Exempts from such requirements: (1) persons under 18 or over 59 years of age; (2) persons certified as physically or mentally unfit for employment by a physician; (3) an unmarried parent or other household member responsible for the care of a child under 6 years of age or an incapacitated person; or (4) a married parent or other caretaker of a child under 6 years of age in a household in which the other parent is otherwise exempt from employment requirements. Sets forth a formula for the reduction of allotments in households containing members participating in the national school lunch program. Authorizes a State to elect to operate a low-income nutritional assistance block grant program to finance expenditures for food assistance for needy persons. Directs the Secretary to provide such States with a block grant in an amount based on a percentage of the FY 1983 funds appropriated for the food stamp program. Authorizes the Secretary, at the request of an Indian tribe or tribal organization within a block grant State, to reserve a determined amount of such grant for the direct use of such tribe. Sets forth procedures for application and requirements for eligibility for block grants. Prohibits the use of such grants for construction. Sets forth procedures for the Secretary and the Comptroller General to assure compliance with this program.
United States · United States Congress · 28 April 1982
Small Business Procurement Reform Act of 1982 - Amends the Small Business Act to require the Secretary of Commerce to include in the notice for bidding on a Government procurement action the basis for the limitation in any case where bidding on a procurement action is limited to one person, a particular area of the United States, or both. Requires the Secretary to publish timely notice of all awards of Government procurement contracts set aside for small businesses. Directs the Secretary to investigate, and authorizes the Secretary to implement alternative means of notifying small businesses of procurement actions. Prohibits a Federal agency from awarding a procurement contract for which a notice for bidding must be published until 45 days after the publication of such notice, or the closing date for bidding on the action specified in the notice, whichever is later. Requires each Federal agency, to the extent practicable, to subdivide large systems procurement contracts into smaller components on which small businesses can compete. Directs the Administrator of the Small Business Administration to establish Government procurement contract arbitration panels for resolving contract disputes between small businesses and Federal agencies. Makes the use of such a panel voluntary. Establishes a Small Business Procurement Advisory Committee to advise Congress and the Administrator on Government procurement contracts awarded to, or set aside for, small businesses. Requires the Committee to report annually to Congress and the Administrator on its activities and to make recommendations for increasing the number of Government procurement contracts awarded to small businesses.
United States · United States Congress · 22 April 1982
Omnibus Victims Protection Act of 1982 - Title I: Victims Impact Statement - 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. Title II: Protection of Victims and Witnesses from Intimidation - 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. Title III: Restitution - Authorizes a sentencing court to order the defendant to make restitution for any offense. Requires the court to state for the record the reasons for not ordering restitution. Directs the Attorney General to recommend to Congress laws necessary to compensate victims of crimes where restitution is not possible. Title IV: Federal Accountability for Escape or Release of a Federal Prisoner - Grants exclusive jurisdiction to the Federal courts over civil claims against the 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. Title V: Federal Guidelines for Fair Treatment of Crime Victims and Witnesses in the Criminal Justice System - 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; and (5) training law enforcement personnel in victim assistance. Title VI: Profit by a Criminal from Sale of his Story - Directs the Attorney General to recommend to Congress any laws that are necessary to ensure that no Federal felon derives any profit from the sale of his or her story until any victim of the offense receives restitution.
United States · United States Congress · 21 April 1982
Bilingual Education Improvements Act of 1982 - Amends the Bilingual Education Act to redefine "program of bilingual education" to mean a special program of instruction for elementary and secondary school children of limited English proficiency in which instruction for the acquisition of English language skills, given with appreciation of the cultural heritage of such children, is designed to: (1) meet the educational needs of such children; and (2) provide such children equal opportunity in all required courses or subjects of study. Provides that nothing in such definition or in such Act shall be construed to require a recipient of funds to use any particular method or approach for providing education to children of limited English proficiency. Requires that bilingual education program assistance applications be accompanied by evidence that the applicant has selected methods of instruction designed to meet the special needs and characteristics of the children in the target population to be served. Revises personnel requirements for Federal aid to bilingual education programs to include only those teachers who are proficient in English and, to the extent possible, in any other language used to provide instruction. Requires that persons other than teachers involved in instruction in such bilingual education projects and activities be, to the extent possible, proficient in English and any other language used to provide instruction. Directs the Commissioner of Education to give priority to bilingual education assistance applications from local educational agencies which propose to assist children of limited English proficiency whose usual language is not English (in addition to current criteria for such priority). Directs the Commissioner, through grants to and contracts with eligible applicants, to provide for the establishment, operation, or improvement of vocational training programs designed to: (1) enable persons with limited English proficiency to participate in job training programs; (2) train instructors and counselors for job training programs which assist such persons; or (3) assist eligible applicants to develop and disseminate instructional materials and methods that meet the job training needs of such persons. Includes studies to determinate alternative methods of providing educational services to children of limited English proficiency among those research activities authorized to be assisted under such Act. Authorizes appropriations to carry out such Act for FY 1983 through FY 1985.
United States · United States Congress · 19 April 1982
Amends the Legal Services Corporation Act to permit any person to bring a civil cause of action for any violation of the Act against the Legal Services Corporation or any direct or indirect grantee. Authorizes the Federal court to award treble punitive damages, equitable relief, attorney fees, and other incurred litigation costs.
United States · United States Congress · 31 March 1982
Expresses the sense of the Senate that the aggregate amount of appropriations for conservation and renewable energy for FY 1983 should not be less than the amount appropriated for FY 1982.
United States · United States Congress · 30 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 designations 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 or three years after publication of regulations pertaining to such zones, whichever is later. 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 Acquisitions 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 forth 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 Grain 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 expenses 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 a designating government, 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 waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and Fair Labor Standards Act) or which would present a danger to the public health and safety. Provides that such waivers or modifications of 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 parts of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 30 March 1982
Endangered Species Act Amendments of 1982 - Amends the Endangered Species Act of 1973 to add the term "experimental population" to the definitions. Defines such term as a population of an endangered or threatened species that: (1) has been transported and released outside of the current range of the species to further its conservation; and (2) is wholly separate geographically from nonexperimental populations of the species. Provides for the treatment of experimental populations as threatened species. Requires the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested) to issue protective regulations for such species. Increases the limit on the Federal share of costs of conservation programs for endangered and threatened species developed by States pursuant to cooperative agreements between the States and the Secretary. Prohibits the Secretary of the Interior from making less restrictive the regulations applicable to any threatened species over which program responsibilities are vested in the Secretary of Commerce without a prior favorable determination by the Secretary of Commerce. Requires the Secretary, to the maximum extent prudent and determinable, to designate the critical habitat of any endangered or threatened species concurrent with the determination of the status and the listing of the species. Deletes the requirement that the Secretary conduct a review of the status of a species before making a determination of whether the species is endangered or threatened. Requires the Secretary to review regularly the status of all species identified as in danger of extinction and determine whether to propose such such species for listing as endangered or threatened. Provides that upon receipt of a petition to add a species to, or remove a species from, the endangered or threatened species list, the Secretary shall determine and publish a finding whether the petition presents substantial scientific information that such addition or removal is warranted, in addition to conducting and publishing a review of the status of the species as required under current law. Revises the notice requirements with respect to the proposal by the Secretary of regulations relating to the determination of the status and listing of endangered or threatened species. Eliminates the review board established to consider Federal agency and permit or license applicants' applications for exemptions for agency actions likely to jeopardize endangered or threatened species or their habitats. Provides for the Secretary to review, and report to the Endangered Species Committee on, such exemption applications in place of the review board. Reduces from 60 days to 20 days the time available to make the initial determination concerning the exemption applicant's eligibility for the exemption. Reduces from 180 days to 150 days the time period within which the Secretary must complete a report on: (1) the availability of alternatives to the agency action involved; (2) the evidence as to whether the action is in the public interest or is of national or regional significance; (3) appropriate reasonable mitigation and enhancement measures which should be considered; and (4) whether the Federal agency involved and the exemption applicant refrained from making irreversible or irretrievable commitments of resources prohibited by the Endangered Species Act of 1973. Reduces from 90 days to 30 days the time within which the Committee must determine whether to grant an exemption after receiving the Secretary's report. Prohibits the Committee from granting an exemption for an agency action if the Federal agency or the exemption applicant made an irreversible or irretrievable commitment of resources prohibited by such Act. Provides that when an agency, a permit or license applicant, and the Secretary agree to extend the consultation period for determining whether an agency action is likely to jeopardize an endangered or threatened species or its habitat, the Secretary shall specify the information required to complete the consultation and the date on which the biological opinion will be completed. Provides that in addition to exempted agency actions, activities within the scope of an agency action which will promote the conservation of a listed species or critical habitat or which will not jeopardize a listed species or critical habitat shall not be considered a taking of any endangered or threatened species. Requires the Secretary to determine on the basis of the best available biological information derived from reliable wildlife management practices: (1) whether the export or introduction of any specimen of a species included in appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora will be detrimental to the survival of that species; and (2) whether the export of such specimens should be limited. Provides that the Secretary shall not be required to use population estimates in making such determinations when such estimates are not the best available biological information derived from reliable wildlife managment practices. Authorizes the Attorney General to seek to enjoin any person alleged to be in violation of the Endangered Species Act of 1973. Authorizes appropriations for FY 1983 through 1985 to carry out the Endangered Species Act of 1973.
United States · United States Congress · 30 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; 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 amassing 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 · 24 March 1982
Economy in Government Act of 1982 - Declares it to be the policy of the Federal Government that no Federal agency shall conduct, or State or local government use Federal assistance to conduct, commercial or industrial activity to produce goods or services for its own use if such goods or services can be procured from a profitmaking business at a reasonable price, unless there is a demonstrated economic advantage for such agency or government to conduct such activity. Amends the Inspector General Act of 1978 to require the Offices of Inspector General and the Secretary of Defense to include information on violations of such policy and corrective actions in their semiannual reports to Congress on their investigative functions. Requires the Director of the Office of Management and Budget to: (1) prescribe rules to implement such policy; (2) require each agency head to consider all direct and indirect costs of conducting a commercial or industrial activity in determining whether there is a demonstrated economic advantage to the agency to conduct such activity; (3) prescribe cost accounting principles to be used in such determination; (4) submit to Congress and implement a plan to terminate within five years all such activities conducted by the Government in violation of such policy; and (5) take action to assure implementation of actions recommended by Offfices of Inspector Genral or the Secretary of Defense to correct violations of such policy. Prohibits Federal agencies from providing financial assistance to any State or local government unless such government certifies compliance with such policy.
United States · United States Congress · 22 March 1982
Expresses the sense of the Congress that the President should: (1) express to the Soviet Union the United States' deep concern about the Soviet Union's depriving the Vashchenko and Chmykhalov families of religious freedom and refusing them permission to emigrate; (2) ensure that such families may reside in the U.S. embassy in Moscow until the Soviet Union authorizes their emigration; and (3) ensure provision of assistance for such families during their residence in the embassy.
United States · United States Congress · 17 March 1982
Amends the National Housing Act to authorize the Secretary of Housing and Urban Development, through the Government National Mortgage Association, to assist middle- and lower-income families in acquiring a home or membership in a cooperative housing association by making periodic interest reduction payments on behalf of such families to mortgagees and lenders. Prohibits the Secretary from entering into contracts to provide interest reduction payments during any month unless the Federal Home Loan Bank Board's home mortgage interest rate index for the most recent two-month period exceeds 12.5 percent per year. Conditions eligibility for interest reduction payments on the insurability of the first mortgage or loan secured by such property. Sets forth the qualifications for insurance, which include requirements that: (1) the loan be executed by a borrower who has an annual income of less than $30,000; (2) the loan involve a one- to four-family dwelling the construction of which was completed on or after March 6, 1982; (3) the loan be amortized over 30 years; and (4) beginning with the second year, the loan payments be increased by a specified amount which shall be applied to the principal obligation until it is paid off. Limits the duration of the interest reduction payments to five years. Declares that the amount of all such payments shall constitute a second lien on the property. Requires repayment of such amount, not to exceed 60 percent of the homeowner's net equity: (1) upon the sale or disposition of the property; (2) upon the refinancing of the loan; or (3) when the owner ceases to occupy the property as a principal residence for a period exceeding nine months. Limits the amount of interest reduction payments to the difference between the amount of the monthly principal and interest payment under the terms of the loan and the amount such payment would be if the interest rate on the loan were: (1) 11 percent per year; or (2) four percentage points less than the rate specified in the loan, whichever rate is higher. Requires the Secretary to: (1) allocate the amount available to carry out this Act on the basis of the population, number of housing starts, and unemployment in each State relative to all States; and (2) assure that the allocated amounts are made available in a manner which maximizes participation by eligible lenders and borrowers. Declares that any mortgage insured or assisted under this Act shall be eligible for purchase by the Federal National Mortgage Association and the Federal Home Loan Mortgage Association Corporation. Authorizes appropriations.
United States · United States Congress · 17 March 1982
Condemns the religious persecution by Iran of persons of the Baha'i faith. Holds Iran responsible for upholding the rights of all its citizens. Expresses the hope that the discrimination against and executions of the Baha'is will cease. Urges Iran to end the executions.
United States · United States Congress · 15 March 1982
Amends the Colorado River Basin Salinity Control Act to declare that actions concerning water and related land resources projects upstream from the Imperial Dam shall not be governed by specified provisions of the Water Resources Planning Act. Directs the Secretary of the Interior to give preference to those salinity control units that reduce the salinity of the Colorado River at the least cost per unit of salinity reduction. Deletes certain provisions of the Colorado River Basin Salinity Control Act concerning agreements with the Secretary of Agriculture for the Grand Valley unit. Authorizes the Secretary of the Interior to construct and maintain the following salinity control units according to specified directions: (1) Stage I of the Lower Gunnison Basin, Colorado; (2) McElmo Creek, Colorado; (3) Stage I of the Uinta Basin, Utah; (4) Palo Verde Irrigation District, California; (5) saline water use and disposal opportunities, Colorado River Basin; and (6) Sinbad Valley, Colorado. Directs the Secretary of Agriculture to establish a voluntary cooperative program with private landowners to improve on-farm water management and reduce watershed erosion on non-Federal and Department of Agriculture lands. Directs the Secretary to issue reports to certain congressional committees and others. Prohibits the expenditure of funds for measures implementing such program until the lapse of 60 days following submission of such reports, and not then if any of the congressional committees or the others reported to veto it. Authorizes appropriations through FY 1989. Prohibits the Secretary of Agriculture from assuming continuing operation and maintenance obligations for permanent salinity control measures constructed on non-Federal lands. Directs the Secretary of the Interior to develop a program for minimizing salt contributions to the Colorado River from lands administered by the Bureau of Land Management.
United States · United States Congress · 15 March 1982
Expresses the sense of the Senate that the President should: (1) continue to express U.S. opposition to the forced exile of Ida Nudel; (2) urge the Soviet Union to provide her with adequate medical care and allow her to emigrate; and (3) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with such countries.
United States · United States Congress · 11 March 1982
Amends the Internal Revenue Code to provide that fungible products which are marketed through pooling arrangements of a cooperative association shall be deemed export property of a Domestic International Sales Corporation. Specifies that where a borrower of a producer's loan markets fungible products through pooling arrangements of a cooperative association, his receipts of sale proceeds from the pool shall be deemed to be derived from the sale of products outside the United States in the same proportion that sales of the pool outside the United States bear to total sales of the pool.
United States · United States Congress · 11 March 1982
Provides for an investigation by the Senate Committee on Rules and Administration of the executive branch with respect to the conduct of the ABSCAM and BRILAB undercover operations and any other such activities, to determine whether abuses of executive power have occurred. Requires the Committee to report its findings to the Senate by July 1, 1983, including recommendations for legislation or other action deemed necessary.
United States · United States Congress · 11 March 1982
Provides for an investigation by a Senate standing or select committee of the executive branch with respect to the conduct of the ABSCAM and BRILAB undercover operations and any other such activities, to determine whether abuses of executive power have occurred. Requires the committee to report its findings to the Senate by July 1, 1983, including recommendations for legislation or other action deemed necessary. Requires, within 15 days of agreement to this resolution, the majority and minority leaders to either: (1) designate a standing committee to conduct such investigation; or (2) recommend Members for appointment to a select committee to conduct such investigation. Provides that if the Senate leaders choose to conduct the investigation through a select committee, it shall be known as the Select Committee on Preservation of Congressional Independence. Sets forth the administrative procedure for such committee. Terminates the select committee three calendar months after the July 1, 1983, reporting date.
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