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Official portrait of Sen. Laxalt, Paul D. [R-NV]

Sen. Laxalt, Paul D. [R-NV]

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1,204 records where Sen. Laxalt, Paul D. [R-NV] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 2837 (97th)open

Office of Strategic Trade Act of 1982

United States · United States Congress · 13 August 1982

Office of Strategic Trade Act of 1982 - Declares the policy of the United States with respect to export controls on strategic goods and technology. Establishes an Office of Strategic Trade as an independent executive agency which shall be headed by a Director of Strategic Trade whom the President shall appoint with the advice and consent of the Senate. Requires the Director to act as chairman of the Interagency Advisory Committee for Export Policy. Establishes within the Office of the Director of the Office of Strategic Trade an Exporter Services Facility to act as liaison with the business community. Sets forth as the principal divisions of the Office of Strategic Trade the: (1) Operations Division; (2) Compliance Division; (3) CoCom Division, which shall carry out functions relating to the Coordinating Committee for Multilateral Export Controls (CoCom); (4) Licensing Division; and (5) General Counsel's office. Authorizes the Director to require any of the following types of licenses: (1) a validated license, authorizing a specified export issued pursuant to application; (2) a qualified general license, authorizing multiple exports issued pursuant to application; (3) a general license, authorizing exports without application; and (4) such other licenses as may assist in the implementation of this Act. Requires the Director to establish a commodity control list consisting of any goods or technology subject to export controls under this Act. Prohibits the imposition of export controls on goods or technology for foreign policy or national security reasons if the President determines that adequate evidence has been presented to show that: (1) comparable goods or technology are available from foreign sources without restriction in significant quantities; and (2) the absence of such controls would not be detrimental to the foreign policy or national security of the United States. Declares that no authority or permission to export may be required under this Act except to carry out the policies set forth in this Act. Authorizes the President to delegate the authority conferred on the President by this Act. Requires the Director to keep the public informed of changes in export control policy and procedures instituted in conformity with this Act. Authorizes the President, in order to carry out the national security export control policy, to impose export controls on any goods or technology subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction. Grants the Secretary of Defense the right to review any export application subject to national security controls. Requires the Director to publish in the Federal Register a notice of any revision with respect to any goods or technology, or with respect to the countries or destinations affected by national security export controls. Requires the Director to notify an applicant whenever the Director denies an export license for national security reasons. Requires the Director, in issuing regulations to carry out national security controls, to emphasize: (1) safeguards to prevent a country that poses a threat to U.S. security from diverting covered goods and technologies to military use; and (2) the need to prevent the reexport of such goods and technologies to countries that pose a threat to U.S. security. Declares that U.S. policy toward individual countries shall not be determined solely on the basis of a country's communist or noncommunist status. Sets forth other factors to be considered. Directs the President to review controls maintained cooperatively with other nations at least once every three years. Directs the President to review other controls annually. Requires the Director to establish and maintain a national security control list as a part of the commodity control list. Directs the Secretary of Defense and appropriate Federal agencies to identify goods and technology for inclusion on the national security control list. Requires the Director to issue regulations providing for review and revision of the national security control list. Makes the Secretary primarily responsible for including in the national security control list certain militarily critical technologies. Establishes a National Security Control Agency within the Office of the Under Secretary of Defense for Policy to assist in carrying out the national security export control policy responsibilities of the Secretary. Requires the Secretary to report annually to Congress on actions taken with respect to national security export controls. Expresses the intent of Congress to encourage the use of a qualified general license instead of a validated license. Authorizes the Director to require a qualified general license instead of a validated license for the export of goods or technology which are subject to national security controls except where: (1) the export of such goods or technology is restricted pursuant to a multilateral agreement which requires the approval of the parties to the agreement; or (2) the United States is seeking the agreement of other suppliers to apply comparable controls and a validated license is necessary in the Director's judgement until such agreement is reached. Requires the Director, in consultation with the Secretary and other appropriate agencies, to review the foreign availability to countries to which exports are controlled for national security purposes of any goods or technology the export of which requires a validated license. Prohibits the Director from requiring a validated license if the Director determines that sufficiently comparable goods or technology are available from foreign sources so that the requirement of a validated license does not achieve its intended purpose, unless the absence of export controls would prove detrimental to the national security. Requires the Director to approve any application for a validated license for the export of goods or technology to a country which meets the application requirements if the Director determines sufficiently comparable goods or technology are available from foreign sources. Requires a finding of foreign availability to be based on reliable evidence (uncorroborated representations by license applicants are not sufficient). Declares that a technology or good subject to national security export controls which is not possessed by a nation or combination of nations threatening to national security may not be deemed to be available from foreign sources until the Secretary of State verifies that negotiations with the foreign sources have been undertaken. Directs the President to negotiate with governments of countries possessing such technologies or goods to prevent them from becoming available to hostile countries. Requires the Director to establish within the Office a capability to monitor the foreign availability of goods or technology subject to export controls under this Act. Requires the National Security Control Agency and other Federal agencies responsible for export controls to share information concerning foreign availability of such goods and technology if specified conditions are met. Requires the Director to appoint technical advisory committees to advise and assist the Director, the Secretary, and other Federal agencies in carrying out the national security export control policy. Requires the Director to remove the requirement of a validated export license with respect to any goods or technology which a technical advisory committee certifies as being sufficiently available from foreign sources so that the requirement of a validated license does not achieve its purpose, unless the absence of export controls would prove detrimental to the national security. Directs the President to enter into negotiations with the governments participating in the group known as the Coordinating Committee to reach agreements: (1) to publish a list of items controlled for export by agreement of the Committee; (2) to hold periodic meetings to discuss export control policy issues; and (3) on more effective enforcement procedures. Requires U.S. nongovernmental entities, except certain schools, which enter into a commercial agreement with the government of a foreign country to which exports are restricted for national security purposes to report the agreement to the Director. Directs the Secretary of State to negotiate with other countries regarding their cooperation in restricting the export of goods and technology. Requires the Director to deny all further exports to any party or parties responsible for the diversion of U.S. exports to unauthorized uses, regardless of whether such goods or technology are available from sources outside the United States. Authorizes the Director to take other appropriate steps to deter further unauthorized use of the previously exported goods or technology. Requires the Director to take such action when there is reliable evidence that goods or technology which were exported subject to national security controls have been diverted to an unauthorized use or consignee in violation of an export license. Authorizes the President to impose export controls on any goods, technology, or other information subject to U.S. jurisdiction or exported by any person subject to U.S. jurisdiction to the extent necessary to further U.S. foreign policy or to fulfill U.S. international obligations. Terminates such controls after one year, unless extended by the President. Requires the Director to notify an applicant whenever the Director denies an export license for foreign policy reasons. Authorizes the Secretary of State to review any export license application for foreign policy reasons. Sets forth factors the President shall consider when imposing, expanding, or extending export controls for foreign policy reasons. Requires the Director to consult with affected U.S. industries before imposing foreign policy export controls. Requires the President to determine that reasonable efforts have been made to achieve the purposes of the controls through alternative means before resorting to export controls. Directs the President to consult with Congress before imposing any foreign policy export controls. Requires the President to notify Congress whenever the President imposes, expands, or extends foreign policy export controls. Declares that this Act does not authorize export controls on medicine or medical supplies. Prohibits the imposition of export controls, on food if they would cause measurable malnutrition, unless the President determines that: (1) those controls are necessary to protect national security interests; or (2) arrangements are insufficient to ensure that food will reach those in need. Requires Congress to be notified of findings concerning proposed export controls on food. Expresses the intent of Congress that the President not impose export controls on goods or technology if the effect of such exports would be to help meet basic human needs. Requires the President to try to conclude negotiations with appropriate foreign governments to secure the cooperation of such governments in controlling exports to countries to which U.S. foreign policy export controls apply. Declares that certain provisions of this Act shall not apply if foreign policy export controls are imposed to meet international obligations. Requires the Director and Secretary of State to notify the appropriate congressional committees before approving export licenses for goods or technology valued at more than $7,000,000 to countries which: (1) have repeatedly supported international terrorism; and (2) would benefit militarily or would have an enhanced ability to support international terrorism. Authorizes the President to approve exports of crime control and detection instruments only pursuant to a validated export control license. Exempts certain countries from such requirements. Requires the Director to establish and maintain a foreign policy export control list as part of the commodity control list. Requires the list to be reviewed once every three years with respect to controls maintained cooperatively with other countries and annually with respect to other controls. Authorizes the President to impose export controls on goods subject to U.S. jurisdiction or exported by persons subject to U.S. jurisdiction where necessary to protect the domestic economy from short supplies. Requires export licenses for goods in short supply to be allocated on the basis of factors other than prior history of exportation. Requires the Director to publish notice in the Federal Register of short supply export controls and to elicit comments on the impact of such restrictions and the method of licensing used to implement them. Authorizes the imposition of export license fees. Directs the Secretary of Commerce to monitor exports and export contracts of goods when the volume of exports in relation to domestic supply contributes or may contribute to an increase in domestic prices or a domestic shortage and such price increase or shortage has or may have a serious adverse effect on the economy. Requires the results of the monitoring to be reported on a regular basis. Requires the Director to consult with the Secretary of Energy on whether monitoring or export controls are warranted with respect to energy-related materials. Authorizes any entity representative of an industry or a substantial segment of an industry which processes recyclable metallic materials with respect to which short supplies may have a significant adverse effect on the national economy to petition the Director to monitor the exports and/or impose export controls on such materials. Sets forth the procedure for making such petition. Requires the Director, in consultation with the Secretary of Commerce, to decide whether to impose monitoring or controls on such materials within 45 days of the end of the public hearings on such petition. Authorizes the Director to determine that a petition filed with respect to the same materials within six months after consideration of a prior petition does not merit complete consideration. Authorizes the Director to impose temporary monitoring or controls on such materials pending the final decision on whether to impose such monitoring or controls. Prohibits, with specified exceptions, exports of domestically produced crude oil transported by pipeline over the right-of-way granted pursuant to the Trans-Alaska Pipeline Authorization Act, unless the President: (1) makes specified findings with respect to such exports, including that the exports protect the national interest; and (2) reports such findings to Congress and Congress adopts a concurrent resolution approving such exports. Authorizes the President to export oil to any country pursuant to a bilateral international oil supply agreement entered into before June 25, 1979 or to any country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agency. Prohibits the export of refined petroleum products except pursuant to an export license. Requires the Director to notify Congress within five days of receiving an application for an export license for a refined petroleum product or residual fuel oil. Prohibits granting such a license earlier than 30 days after notifying Congress, unless the President certifies to Congress that the proposed export is vital to the national interest. Exempts from such prohibition certain exports to historical trading partners and exports of small amounts of refined petroleum products. Excludes from such export controls certain petroleum products refined from foreign crude oil in U.S. Foreign Trade Zones or in Guam unless the Director finds that such products are in short supply. Prohibits use of the authority to impose short supply export controls with respect to agricultural commodities without the approval of the Secretary of Agriculture. Prohibits the Secretary of Agriculture from approving such export controls if the supply of the commodity exceeds the requirements of the domestic economy except to the extent that the President determines that such exercise of authority is required to carry out national security policies or foreign policies. Authorizes, upon the approval of the Director in consultation with the Secretary of Agriculture, the storage in the United States of agricultural commodities purchased by or for use in a foreign country. Provides that such commodities shall be free from any export controls that may be imposed to carry out short supply export controls. Prohibits the Director from granting such approval unless specified conditions are met. Requires the President to report to Congress on any export controls imposed on agricultural commodities for foreign policy or short supply reasons. Terminates such controls if the Congress adopts, within 30 days, a concurrent resolution disapproving them. Authorizes the Director to exempt barter agreements from any export quotas imposed to carry out the policy on short supplies, if the Director makes certain findings. Requires a validated license for the export of unprocessed western red cedar logs harvested from State or Federal lands. Requires the Director to impose export quotas on unprocessed western red cedar logs during the three years beginning on the effective date of the Export Administration Act of 1979. Prohibits any exports of such logs at the end of the three year period. Requires the Director to allocate export licenses for such logs. Prohibits the export by sea of horses, unless the Director waives the prohibition after determining that the horses are not being exported for slaughter. Directs the President to issue regulations prohibiting any U.S. person from taking or knowingly agreeing to take certain actions with intent to comply with or support a foreign boycott against a country which is friendly to the United States and which is not the object of a U.S. boycott. Lists the actions to be prohibited by such regulations and exceptions to the prohibitions. Requires the regulations issued under the foreign policy export controls provisions to supplement other regulations issued by the President against supporting foreign boycotts. Requires such regulations to require U.S. persons who are asked to comply with a foreign boycott to report that fact, and any other necessary information, to the Director. Provides that these provisions preempt all other laws or regulations pertaining to foreign boycotts. Sets forth the procedures for obtaining hardship relief from export controls. Permits petitions to be filed with the Director by any person who has historically imported goods from the United States or who has historically exported such goods. Requires the Director to notify the petitioner of a grant or denial of such relief within 30 days of receipt of the petition. Sets forth factors to be considered in deciding whether to grant or deny such relief, including the effect of granting such relief upon the basic objectives of the short supply control program. Sets forth the procedures for processing export license applications. Requires all export license applications required under this Act to be submitted to the Director. Expresses the intent of Congress that, to the maximum extent possible, the Director shall make the determinations with respect to such applications without referring to other agencies. Requires such agencies to cooperate with the Director when the Director seeks their assistance. Requires the Director to complete initial screening of an application within ten days. Requires the Director to deny or grant a license within 90 days if there is no need to refer the application to another agency. Requires the Director to refer the application to other agencies, if necessary, within 30 days of submission. Requires the agency to review the application and submit its recommendation within 30 days of receiving it. Authorizes granting the agency an additional 30 days to review the application. Requires the Director to grant or deny a license within 90 days of receiving the recommendation of other agencies. Authorizes the Director to take more than 90 days if the application is of exceptional importance and complexity. Authorizes the Secretary of Defense, notwithstanding any other provisions of the law, to review proposed exports of goods or technology to any country to which exports are controlled for national security purposes. Authorizes the Secretary to recommend to the President that such exports be disapproved if they would militarily benefit such country to the detriment of the security of the United States. Requires the President to report to Congress whenever the President modifies or overrules a recommendation of the Secretary of Defense with respect to the export of goods controlled for national security purposes. Prohibits issuing an export license for an article subject to multilateral controls until after the multilateral review. Requires a license approved by the Director to be issued if the multilateral review is not completed within 60 days, unless the Director determines that the license would prove detrimental to U.S. national security. Requires the Director to notify Congress and the applicant of such determination, the reasons for it, the reasons the multilateral review was not concluded, and the actions planned to secure the conclusion of the multilateral review. Sets forth the procedures to be followed to appeal the denial of a license. Sets forth civil and criminal penalties for violations of this Act. Sets forth the powers of agencies to investigate possible violations of this Act. Provides for protecting the confidentiality of information submitted in compliance with this Act. Requires the Director to try to simplify regulations issued under this Act and the commodity control list. Exempts the functions exercised under this Act from certain provisions relating to administrative procedure and judicial review. Expresses the intent of the Congress that there be public participation in the formation of regulations issued under this Act. Requires the Director to submit an annual report to Congress on the administration of this Act. Sets forth information to be detailed in such report, including a report on the need to impose export controls other than those subject to multilateral controls or more stringent than the multilateral controls. Transfers to the Office of Strategic Trade the functions and authorities of the State Department's Office of East-West Trade with respect to the munitions list and such other functions and authorities as the Director, in consultation with the Director of the Office of Management and Budget, determine to be appropriate. Requires the President to coordinate the authority granted to the President under this Act with the authority provided for the control of arms exports under the Arms Export Control Act. Makes certain civil aircraft equipment which is to be exported to a country other than a controlled country subject to export controls exclusively under this Act and the Export Administration Act of 1979. Requires export license applications which are ordinarily referred to the Subgroup on Nuclear Export Coordination or some other interagency group to be governed by the provisions relating to foreign boycotts only to the extent that the foreign boycott provisions are consistent with the procedure published pursuant to the Nuclear Non-Proliferation Act of 1978. Supersedes the Mutual Defense Assistance Control Act on October 1, 1979. Requires authorizing legislation before any appropriation can be made to the Commerce Department for expenses to carry out this Act. Authorizes appropriations to the Defense Department to carry out this Act for each of FY 1982 and 1983.

Bill· SS. 2800 (97th)open

A bill to provide for the disposal of silver from the National Defense Stockpile through the issuance of a special series of bonds which may be redeemed for silver, and for other purposes.

United States · United States Congress · 2 August 1982

Amends the Second Liberty Bond Act to permit the Secretry of the Treasury to issue United States silver bonds. Requires the deposit of the net proceeds of any such bonds in the National Defense Stockpile Transaction Fund solely for the acquisition of strategic and critical materials. Requires any payment of interest, or any payment at redemption, to be paid in silver, or the current dollar equivalent, except that any payment of silver shall be out of the silver stockpile.

Bill· SJRESS.J.Res. 220 (97th)referred

A joint resolution to authorize the erection of a memorial on public grounds in the District of Columbia to honor and commemorate members of the Armed Forces of the United States who served in the Korean War.

United States · United States Congress · 27 July 1982

Authorizes the erection of a memorial on public grounds in the District of Columbia in honor and commemoration of members of the armed forces who served in the Korean War. Directs the Secretary of the Interior to select, with the approval of the National Commisson of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds for such memorial. Subjects the design and any plans for the memorial to the approval of the Secretary, the National Commission of Fine Arts, and the National Capital Planning Commission. Declares that no moneys belonging to the United States or the District of Columbia shall be expended for the erection of such memorial.

Resolution· SCONRESS.Con.Res. 114 (97th)passed

A concurrent resolution to congratulate the National Aeronautics and Space Administration and all persons involved in the success of the test flight phase of the Space Shuttle program.

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.

Bill· SS. 2742 (97th)referred

A bill to establish the United States Capitol Page Board for supervision and education of congressional pages, and for other purposes.

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.

Bill· SS. 2717 (97th)referred

Antitrust Joint Research Act of 1982

United States · United States Congress · 1 July 1982

Antitrust Joint Research Act of 1982 - Authorizes the Attorney General to issue certificates of review to two or more persons to promote joint research and development programs. Directs the Attorney General to issue such a certificate for an applicant whose application: (1) specifies conduct which is limited to a research and development program and which does not violate Federal antitrust laws; and (2) contains any other information the Attorney General requires. Requires that such a certificate specify: (1) the conduct to which it applies; (2) the participating business entities; and (3) any conditions applicable to such conduct. Directs certificate recipients to notify the Attorney General of any change in conduct or business entities. Permits such recipient to apply to amend such certificate. Directs the Attorney General to modify or revoke a certificate, after providing 30 days notice, upon determining that conduct allowed under the certificate violates antitrust laws. Authorizes the certificate holders to bring an action in the appropriate U.S. district court to set aside such determination. Precludes any other judicial review of any determination by the Attorney General concerning the issuance, amendment, or revocation of a certificate. Declares that any such determination is inadmissable as evidence in any proceeding in support of any claim under antitrust laws. Exempts any certificate holder from a criminal action, a civil action, or liability for threatened loss or damage for a violationof Federal antitrust laws or similar State laws if: (1) the violation arises from conduct specified in the certificate; and (2) the certificate is in effect at the time the conduct occurs. Awards a certificate holder the cost of defending against a claim for damages resulting from a violation of antitrust laws if the court finds that: (1) the conduct alleged to violate such laws does not; and (2) the conduct is specified in the effective certificate. Declares that a certificate shall have no legal effect on the authority of a court to grant equitable relief in an action for an antitrust violation against certificate holders. Exempts information submitted by a person in connection with the issuance, amendment, or revocation of a certificate from the Freedom of Information Act. Specifies conditions for the disclosure of such information. Allows the Attorney General to issue guidelines describing the types of conduct that would and would not qualify for a certificate.

Bill· SS. 2598 (97th)open

A bill to provide for the disposal of silver from the National Defense Stockpile through the issuance of silver coins.

United States · United States Congress · 27 May 1982

Directs the Secretary of the Treasury to mint and issue coins of the United States in two specified series in quantities necessary to meet public demand. Directs the Secretary to sell such coins directly to the public and to numismatic coin dealers and retailers for resale to the public at not less than the fair market value of their silver content on the day before the sale, plus the costs of minting, distributing, promoting, and marketing the coins. Requires deposit of the net proceeds of such sales in the National Defense Stockpile Transaction Fund after the deduction of costs incurred by the Secretary. Limits the aggregate amount of silver in the National Defense Stockpile which may be used to mint the two specified coin series. Declares that disposals of silver from the National Defense Stockpile shall be conducted during calendar years 1983, 1984 and 1985.

Bill· SS. 2572 (97th)open

Violent Crime and Drug Enforcement Improvements Act of 1982

United States · United States Congress · 26 May 1982

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

Bill· SS. 2477 (97th)referred

Clean Air Act Amendments of 1982

United States · United States Congress · 4 May 1982

Clean Air Act Amendments of 1982 - Amends the Clean Air Act ("the Act") to revise stationary source provisions for State implementation plans (SIPs), new source performance standards (NSPS), primary nonferrous smelter orders, prevention of significant deterioration (PSD), and best available control technology (BACT). State Implementation Plans (SIPs) - Permits major stationary source construction or modification in a nonattainment area, even if such source emissions will cause or contribute to concentrations of a pollutant in excess of a national ambient air quality standard (NAAQS), if: (1) the SIP revision permitting such construction or modification has not been affirmatively disapproved by the Administrator of the Environmental Protection Agency (EPA); or (2) the State determines that such construction or modification is in the public interest and that NAAQS attainment would be achieved with a reasonable extension of the attainment deadline. Prohibits findings by the Administrator related to procedural or technical defects in permit applications from serving as the basis for a moratorium on stationary source construction or modification in nonattainment areas. Requires States to provide the Administrator: (1) notice and copies of proposed SIP revisions; and (2) notice of SIP revisions adopted and brief summaries of written objections or comments concerning such revisions and of State actions with respect to such objections or comments. Directs the Administrator to submit to the State technical and legal comments, and any recommended changes, on proposed SIP revisions. Directs the Administrator to publish notice in the Federal Register within 30 days of receipt of notice of State adoption of an SIP revision and to provide a period of no less than 30 days and no more than 70 days for public comment. Provides that SIP revisions shall be deemed approved by the Administrator and become effective 90 days after publication in the Federal Register, unless the Administrator has disapproved the revision for failure to satisfy specified requirements. Directs the Administrator to publish a notice in the Federal Register of each approval or disapproval of an SIP revision. Authorizes the Administrator to extend such public comment period and effective date of an SIP revision for up to 60 days and to hold public hearings on SIP revisions. Prohibits an SIP revision from becoming effective unless the Administrator publishes a finding that the State's response to a timely objection, based on the Act or any regulation under the Act, was not arbitrary or capricious. Describes the materials that shall constitute the record for purposes of judicial review of approvals or findings of the Administrator with respect to SIP revisions. Repeals the requirement that SIPs must provide, to the extent necessary and practicable, for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards. Prohibits the Administrator from requiring such an inspection and testing program as a condition of SIP approval, except under specified conditions relating to extensions of attainment dates for NAAQS for photochemical oxidants or carbon monoxide. Permits States to suspend or revoke indirect source review programs without regard to specified SIP approval requirements. Provides that such a State suspension or revocation shall constitute a SIP revision, of which the State must notify the Administrator and the Administrator must publish notice in the Federal Register. Removes the requirement that the system of continuous emission reduction be "technological," for purposes of permit requirements for new or modified stationary sources. Establishes a ten-year "grandfather" period from the date of completion of construction or modification of any major emitting facility issued a permit under PSD area or nonattainment area provisions. Provides that during such period such facility shall not be required to comply with an emission limitation or standard more stringent than the emission reduction required under such permit, unless the limitation or standard: (1) applies to an air pollutant for which an NAAQS is established after permit issuance; or (2) is required under provisions for nonattainment areas or national emission standards for hazardous air pollutants (NESHAPs) or emergency conditions. New Source Performance Standards (NSPS) - Repeals the requirement that new fossil fuel fired stationary sources of air pollution comply with a standard of performance which requires a percentage reduction in air pollutant emissions. Redefines "standard of performance," for NSPS purposes, to require emissions limitations achievable through the application of a system of continuous emission reduction which the Administrator (or the State, for specified categories of stationary sources) determines is adequate for that category or a similar category of new stationary sources, taking into consideration the cost of achievement, energy impact, and environmental effects unrelated to air quality. Redefines "new source" to include stationary sources commencing planning or design (as well as those commencing construction or modification) after publication of final applicable NSPS and to exclude any stationary source for which planning, designing, construction, or modification commenced after September 18, 1978, but prior to June 11, 1979. Removes the requirement that the system of continuous emission reduction under NSPS be a "technological" system or process. Includes in the definition of such system or process the use of inherently low-polluting fuels or raw materials. Permits application of such amended requirements to fossil fuel fired electric utility steam generating units which were constructed or modified after September 18, 1978, and before the publication of regulations reflecting the amendments made by this Act. Primary Nonferrous Smelter Orders - Permits primary nonferrous smelters to use intermittent emissions curtailment for not more than five percent of any calendar year to assure attainment and maintenance of the NAAQS for sulfur oxides. Directs the Administrator to promulgate new regulations for a standard of good engineering practice with respect to stack heights which will allow, in the case of primary nonferrous smelters, a credit for such stack height as may be necesssary to reduce plume impaction on terrain obstacles in mountainous regions where no other reasonable plant siting option is available. Extends by five years the deadlines for compliance with primary nonferrous smelter orders. Prevention of Significant Deterioration (PSD) - Revises a purpose of PSD provisions. Makes a Class II areas (areas where air quality deterioration is permitted to a greater degree than in Class I areas which include international and national parks and wilderness areas in existence on August 7, 1977) areas which exceed 10,000 acres in size and which are established after passage of the Clean Air Act Amendments of 1977 as national monuments, primitive areas, preserves, recreation areas, wild and scenic rivers, wildlife refuges, lakeshores or seashores, and parks or wilderness areas. Provides that such areas may only be redesignated as class I or class II. Directs the Administrator to consult with the Federal land manager in each State and publish a list of such areas located within specified nonattainment areas. Exempts such areas for classification as class II areas upon certification to the Administrator by the States in which such areas are located that such a designation is unreasonable or impractical. Prohibits the Administrator from overruling the State, unless the Administrator demonstrates that the State has been arbitrary or capricious in exempting such areas from classification as class II areas. Provides that current non-mandatory class II areas which are not established as class I areas or mandatory class II areas or redesignated shall be class II areas until December 31, 1983, but shall be unclassified thereafter, unless redesignated. Eliminates the Class III area classification. Repeals Class I and Class II area short-term "increment" requirements (maximum allowable increases over baseline concentrations of a pollutant) for: (1) 24-hour periods for particulate matter; and (2) 24-hour and three-hour periods for sulfur dioxide (thus retaining only annual "increment" limitations for such pollutants in such areas). Repeals all Class III area "increment" requirements. Excludes pollution attributable to fugitive dust and other naturally occurring background particulate matter from consideration in determining concentrations of pollutant for purposes of PSD increment requirements. Authorizes (and requires upon petition of the Governor) the Administrator to provide notice, conduct a public hearing, and, with the Governor's concurrence, promulgate rules for determining compliance with increment requirements in States where the Administrator is the PSD permitting authority. Eliminates the Class III area classification. Permits States to designate or redesignate specified national areas established after the passage of this Act and exceeding 10,000 acres in size as class I, class II, or unclassified. Requires that such redesignation be specifically approved by the Governor after consultation with the legislature (unless State law requires State legislation) and local governments of the redesignated area. Exempts such areas which are redesignated unclassified from PSD increment requirements. Eliminates requirements that specified descriptions, analyses, and plans relating to area redesignations be prepared and made available for public inspection. Eliminates provisions relating to preconstruction requirements for Class III areas. Retains the one-year (after filing date) deadline for granting or denying completed permit applications for facilities which will emit 500 tons or more per year of pollutant, but provides a six-month deadline in the case of facilities emitting less than 500 tons. Requires that the permit applicant be notified whether the application is complete, within two months after filing. Requires States, for PSD preconstruction review purposes, to transmit to the Administrator copies of permit applications for major emitting facilities only if such a facility will emit: (1) 500 tons or more per year of total suspended particulate matter or 1,000 tons or more of sulfur dioxide; or (2) pollution affecting air quality in any class I area or other specified national areas. Requires States to provide notice to the Administrator of only the final action taken on such permit. Requires protection of air quality related values within a Class I area only "from significant adverse impacts." Provides that the affirmative responsibility of the Federal Land Manger and the Federal official charged with direct responsibility for management of lands within a class I area shall not extend to protection of integral vistas or views of specific landmarks or panoramic views located outside the boundaries of Federal Class I areas. Requires inclusion of information constituting its basis in the filing of an allegation that a proposed facility may cause or contribute to a significant adverse impact in air quality. Requires State concurrence, taking into consideration the health, environmental, economic, and energy effects of a facility, with the Federal Land Manager's demonstration that a proposed facility will have such an impact. Repeals the requirement that the owner or operator demonstrate to the satisfaction of the Federal Land Manager that a proposed facility will not have an adverse impact on air-quality related values. Requires, instead, that the owner or operator file a notice with the Federal Land Manager that such facility will have no significant adverse impact, and gives the Federal Land Manager 45 days to concur or disagree. Repeals short-term "increment" limitations for PSD construction permit purposes. Authorizes the Governor, after consideration of the Federal Land Manager's recommendation, to grant a variance from the annual increment limitation for sulfur dioxide in Class I areas. Requires, in the case of Federal mandatory Class I areas, that such a variance not have a significant adverse effect on air quality related values and be in the public interest. Requires that continuous air quality monitoring data be included in an analysis for PSD preconstruction review purposes only to the extent required in the discretion of the permitting authority. Repeals the requirement that such data be gathered over a one-year period. Establishes a ten-year "grandfather" period for facilities issued PSD construction permits. Excludes naturally occurring background particulates or fugitive dust analysis or control from specified demonstrations required of owners or operators seeking PSD construction permits. Deletes the requirement that the Administrator's PSD regulations for specified other pollutants be at least as effective as the increment requirements already established. Revises the definition of "major emitting facility" for PSD purposes to provide consideration of the net effect on air pollution emissions of modifications of specified types of stationary sources. Revises provisions for visibility protection for Federal Class I areas to cover only "significant" impairments of visibility. Excludes from the definition of "visibility impairment" an integral vista or view of a specific landmark or panoramic view located outside the boundary of a Class I Federal area which can be viewed from a point within the boundaries of a Class I area. Best Available Control Technology (BACT) - Revises the definition of "best available control technology" (BACT) to include designs or work practice standards. Allows the permitting authority to provide that for stationary sources which do not emit more than 500 tons per year of a particular air pollutant BACT may be equivalent to the applicable new source performance standard (NSPS), under specified circumstances.

Law· SS. 2420 (97th)enacted

Victim and Witness Protection Act of 1982

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.

Bill· SS. 2419 (97th)open

A bill to amend title 28, United States Code, regarding venue, and for other purposes.

United States · United States Congress · 21 April 1982

Amends Federal judicial procedure provisions relating to venue to provide that: (1) if proceedings have been instituted in two or more courts of appeals with respect to the same agency action and the first such proceeding was instituted more than five days before the second, the record shall be filed in that court in which the proceeding was first instituted; and (2) if the first such proceeding was not instituted more than five days before the institution of a later proceeding with respect to the same agency action and the agency has received written notice from the parties instituting each of these proceedings, the agency shall advise the Administrative Office of the United States Courts, with respect to the first proceeding and all proceedings instituted within five days after the first proceeding, that such multiple proceedings have been instituted and shall identify each court for which it has notice that such proceedings are pending. Directs the Administrative Office, pursuant to a system of random selection, to select the court in which the record shall be filed from those identified by the agency, in the situation where the first proceeding was not instituted more than five days before the institution of a later proceeding. Requires all proceedings to be transferred to the court of appeals in which the record has been filed. Authorizes any court in which a proceeding with respect to any agency action is pending, including a court selected pursuant to a system of random selection, to transfer such proceeding to any other court of appeals in which the action under review would have a substantially greater impact, unless the interests of justice require the court to: (1) retain such proceedings; or (2) transfer the proceedings to a circuit other than one in which the impact would be substantially greater. Directs the Director of the Administrative Office of the United States Courts to administer the system of random selection. Prohibits a civil action in which the defendant is a Federal officer or employee, a Federal agency, or the United States from being brought in a judicial district in which a defendant resides or the plaintiff resides if no real property is involved, unless the action that is the subject of the lawsuit would substantially affect the residents of that judicial district. Requires that in any action of a local environmental nature brought against the United States in the U.S. District Court for the District of Columbia the plaintiff must forward a copy of the complaint to the attorney general of each affected State (but not more than five States). Requires a district court, in any civil action in which a defendant is a Federal officer or employee, a Federal agency, or the United States, upon motion of any party, to transfer an action to a district where the action might have been brought, and in which the action would have substantially greater impact, unless the interests of justice require the court to: (1) retain the action; or (2) transfer the action to a district other than one in which the impact would be substantially greater.

Bill· SS. 2393 (97th)open

A bill to amend the Legal Services Corporation Act to provide for a cause of action for a violation of the Act.

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.

Bill· SS. 2369 (97th)open

Independent Contractor Tax Classification and Compliance Act of 1982

United States · United States Congress · 14 April 1982

Independent Contractor Tax Classification and Compliance Act of 1982 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of the tax on employment income. Treats an individual as an independent contractor if such individual: (1) controls the total number and scheduling of his work hours; (2) has no principal place of business provided rent-free by the service-receipient; (3) has substantial investment in his business (excluding vehicles) and earns income based upon sales or output rather than upon number of hours worked; and (4) performs services under a written contract and is provided written notice of his responsibilities with respect to income and self-employment taxes. Provides that the criteria established by this Act shall not be applicable to agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen who are statutorily designated as employees for purposes of social security taxation. Sets forth special rules for: (1) contracts entered into before January 1, 1983; and (2) determining control of scheduling work hours. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his service is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires a recipient of an independent contractor's services to file an information return disclosing payments made to such individual in excess of $600 per year. Requires persons who sell over $5,000 in consumer products to buyers on a buy-sell deposit-commission, or similar basis, to file a similar return. Requires individuals who file such information returns to furnish written statements to persons with respect to whom such information is reported which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Requires the payment of a surcharge for multiple violations. Requires the withholding of tax on certain persons where the identifying number is incorrect or missing on any return filed by a service-recipient. Sets forth effective dates and transitional rules for provisions of this Act.

Bill· SS. 2297 (97th)referred

Shopping Center Protections Improvements Act of 1982

United States · United States Congress · 29 March 1982

Shopping Center Protections Improvements Act of 1982 - Amends the Bankruptcy Code to require a trustee in bankruptcy to perform all of the obligations of a tenant arising from an order for bankruptcy relief under an unexpired shopping center lease (including payment of the rent and other charges specified in the lease) until such lease is assumed or rejected. Imposes a 60 day limit (with additional time, if the court so orders) on a trustee's acceptance or rejection of an unexpired lease in all bankruptcy cases after which time the lease will be deemed rejected. Requires the trustee, if the premises are not vacated within 30 days after a court order to do so, to perform all of the obligations under such lease currently. Declares that the acceptance of such performance shall not constitute a waiver or relinquishment of the lessor's rights under the lease or the Bankruptcy Code. Requires the trustee to assure that an assignee of such a lease has a financial standing similar to the original tenant's at the time of execution of the lease. Revises the condition that assignment or assumption of the lease not cause a substantial disruption of any tenant mix in the center by deleting the qualifier "substantial". Permits the lessor, if an unexpired lease is assigned pursuant to this Act, to require a deposit or other security for the performance of the obligations under the lease. Eliminates the automatic stay of any proceeding to obtain possession of property subject to a lease which has expired by virtue of its own terms without regard to the bankruptcy proceedings.

Bill· SS. 2202 (97th)open

A bill to amend the Colorado River Basin Salinity Control Act to authorize certain additional measures to assure accomplishment of the objectives of title II of such Act, and for other purposes.

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.

Bill· SS. 2203 (97th)referred

A bill to authorize the Secretary of the Interior to transfer all rights, title and interest of the United States in twenty nine thousand eight hundred and eighty four acres, more or less (Battle Mountain Community Pasture), to the Pershing County Water Conservation District of Nevada.

United States · United States Congress · 15 March 1982

Transfers all right, title, and interest of the United States in certain lands in Lander County, Nevada, to the Pershing County Water Conservation District of Nevada. States that this Act does not relieve the water conservation district from its existing contracts with the Department of the Interior, Bureau of Reclamation. Requires the District to continue to protect the water rights for the Humboldt project (a portion included in the transferred lands).

Bill· SS. 2183 (97th)referred

A bill to make certain amendments to Public Law 92-195 relating to the protection of wild free-roaming horses and burros.

United States · United States Congress · 9 March 1982

Amends the Wild Free-Roaming Horses and Burros Act to require that management activities with respect to wild free-roaming horses and burros be carried out in accordance with the resource management objectives for the area established in land use plans. Provides that not more than two such animals may be adopted per year by any individual. (Currently, not more than four such animals may be adopted per year by any individual unless the Secretary of the Interior or the Secretary of Agriculture, whichever is appropriate, determines that an individual is capable of caring humanely for more than four such animals.) Provides for the sale of excess wild free-roaming horses and burros for which there is no adoption demand. (Currently, excess wild free-roaming horses and burros for which there is no adoption demand must be destroyed.) Requires that revenue from the sale or adoption of such animals be deposited in the account of the agency from whose lands the animals were removed. Extends the date of completion for the research study on wild horses and burros required under Federal law to January 1, 1985 (currently January 1, 1983). Provides that such animals shall lose their protected status upon their sale or adoption. Repeals the prohibition on the sale of such animals or their remains for processing into commercial products. Provides criminal penalties for anyone who knowingly removes a wild free-roaming horse or burro from public lands without the appropriate Secretary's authorization or knowingly violates a regulation issued with respect to the management of such animals. (Currently, individuals may be prosecuted for willful violations with respect to such animals.) Imposes criminal penalties for the processing into commercial products or the selling of the remains of such animals without authority from the Secretary. Increases the criminal penalties for such violations or for violations of Federal, State, or local humane laws in the case of an individual who previously was convicted of the same type of offense. Eliminates the requirement of public hearings on the use of helicopters or motor vehicles to transport such animals. (Permits the use of such transportation after public notification). Eliminates the requirement that the Secretaries of the Interior and Agriculture submit a joint report biennially to Congress on the administration of this program. Requires administrators of Federal lands not subject to this program to consult with the appropriate Secretary before removing wild free-roaming horses and burros under their jurisdiction. Authorizes the appropriate Secretary to remove such animals from such lands.

Bill· SJRESS.J.Res. 159 (97th)open

White House Conference on Productivity Act

United States · United States Congress · 4 March 1982

White House Conference on Productivity Act - Title I: Findings - States the findings of Congress concerning U.S. productivity. Title II: The White House Conference on Productivity - Directs the President to call a White House Conference on Productivity, within one year, to develop recommendations to stimulate the U.S. productivity improvement rate. Lists the policy options the Conference shall consider. Requires the Conference to submit a report to the President. Requires the report to be made public. Directs the President to transmit to the Congress recommendations for legislative action to implement recommendations in the report. Title III: Administration - Provides for the administration of the Conference. Authorizes appropriations.

Bill· SJRESS.J.Res. 158 (97th)open

A joint resolution expressing the policy of the Government of the United States of America with respect to the Government of Cuba.

United States · United States Congress · 4 March 1982

Declares that the United States intends to continue its policy towards Cuba as expressed in a 1962 joint resolution which states that the United States is determined to: (1) prevent the Cuban regime from expanding; (2) prevent the creation in Cuba of an externally supported military capability endangering U.S. security; and (3) support Cuban self-determination.