United States · United States Congress · 18 March 1983
Enterprise Zone Act of 1983 - 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 75 nominated areas per year (one-third of which must be in rural areas). 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 (within a population of at least 50,000) or 1,000 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 streamling 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 June 30, 1986 or three years after the 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 the Secretary to prepare and submit to the Congress every four years a report on the effects of such enterprise zones' designation. Requires that any property tax reduction effected by a local government under the terms of this Act be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. States that designation of an enterprise zone shall not give displaced persons from such an area any rights or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Exempts enterprise zones from certain requirements relating to Federal environmental policy. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers and Employees - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Allows employees located in enterprise zones a nonrefundable income tax credit equal to five percent of qualified wages earned per year (taking into account a maximum of $9,000 in wages per year). Phases out such credit in the last three 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 investment in 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. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this 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), to include 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 a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 17 March 1983
Amends the Internal Revenue Code to treat as long-term capital gain amounts actually paid to a taxpayer with respect to a small business participating debenture which constitute the distribution of a share of earnings of the issuer. Defines "small business participating debenture" (SBPD) as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears interest at not less than specified by the Secretary of the Treasury; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of whose outstanding SBPD's does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission. Allows an interest expense deduction for interest and share of earnings payments made on such debentures. Treats losses on small business participating debentures as ordinary losses.
United States · United States Congress · 15 March 1983
Religious Speech Protection Act of 1983 - Prohibits federally funded public secondary schools which allow students to meet during noninstructional periods from discriminating against any meeting of students on the basis of religious content. Grants Federal jurisdiction to enforce this Act.
United States · United States Congress · 14 March 1983
Undercover Operations Act of 1983 - Amends the Federal criminal code to authorize the Attorney General to allow law enforcement components of the Department of Justice to conduct undercover operations. Requires the Attorney General to issue, maintain and enforce guidelines governing undercover operations. States that such guidelines shall include: (1) the procedures to be followed to initiate, extend or terminate undercover operations; (2) the standards to be employed in such operations; and (3) the functions, powers and composition of the Undercover Operations Review Committee. Prescribes limitations on undercover operations. Creates standards for establishing the targets of investigations. Shifts the tort liability for negligent acts committed by government agents during the course of an undercover operation from the agent to the Federal government. Requires the Attorney General to report annually to the Judiciary Committees of the House and of the Senate on all undercover operations. Establishes a statutory entrapment defense.
United States · United States Congress · 11 March 1983
Ocean and Coastal Development Impact Assistance Block Grant Act - Establishes the Ocean and Coastal Development Impact Assistance Fund in the Treasury. States that five percent of Outer Continental Shelf gas and oil lease revenues shall be used for such Fund. Provides block grants from such Fund to coastal States and territories for: (1) living marine resources; (2) coastal management planning and implementation; (3) energy impact assistance; (4) research, education, and natural resource management; and (5) capital infrastructure. Sets forth an allocation formula based upon oil or gas production, coastal population, shoreline, and bonus revenues. Establishes minimum and maximum grant amounts, with excess funds to be shared among those States eligible for additional amounts. Requires a State to give at least 40 percent of its grant money to local coastal communities. Directs the Secretary to establish by contract a National Coastal Resources Research and Development Institute to be administered in affiliation with the Oregon Institute of Marine Science. Provides monies for the Institute from the Ocean and Coastal Development Impact Assistance Fund. Requires: (1) the Secretary to conduct an ongoing evaluation of the Institute's activities; and (2) the Institute to report to the Secretary within two years, including recommendations for specified regional centers. States that employees of such Institute shall not be considered Federal employees. Provides for block grant audit and assessment.
United States · United States Congress · 8 March 1983
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 3 March 1983
Makes crops grown on highly erodible land (as defined by this Act) that has not been farmed during the past ten years ineligible for specified agricultural assistance programs.
United States · United States Congress · 3 March 1983
Amends the Foreign Assistance Act of 1961 to provide that American military assistance may not be provided to El Salvador unless the President, after consulting with Congress, transmits to Congress a report stating that: (1) El Salvador has engaged in negotiations with all concerned parties to end the conflict there; or (2) El Salvador cannot proceed with such negotiations because specified parties are not willing to participate in the negotiation process. Provides that any unobligated funds allocated pursuant to this Act shall be: (1) used for development assistance projects in El Salvador; (2) used for aid for persons displaced by the strife; or (3) deposited in the U.S. Treasury. Permits the introduction of U.S. forces into EL Salvador to evacuate U.S. citizens or if there is a clear and present danger of attack upon the United States.
United States · United States Congress · 3 March 1983
Sentencing Reform Act of 1983 - 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. 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 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. 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. 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. Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office.
United States · United States Congress · 3 March 1983
Authorizes and requests the President to designate the week of April 10 to 16, 1983, as A Week of Remembrance for the Fortieth Anniversary of the Warsaw Ghetto Uprising.
United States · United States Congress · 1 March 1983
Columbia River Gorge Act of 1983 - Establishes the Columbia River Gorge Scenic Area as a unit of the national forest system. Extends the boundaries of the Mount Hood National Forest in Oregon and of the Gifford Pinchot National Forest in Washington State to include all the lands in their respective States lying within the Area which are not within their boundaries on the enactment of this Act. Provides that national forest system lands in Oregon which are within the Area shall be treated as components of the Mount Hood National Forest and national forest system lands in Washington which are within the Area shall be treated as components of the Gifford Pinchot National Forest for purposes of providing forest system revenues to a State or local government. Requires the Secretary of Agriculture to administer the Area and to provide all interested parties with an opportunity to participate in plans and programs for the management of the Area. Establishes in the Department of Agriculture the Columbia River Gorge Scenic Area Regional Commission, which shall be composed of members from both Oregon and Washington as well as the Chief of the Forest Service. Makes the Commission responsible for: (1) assisting the Chief of the Forest Service in the establishment of a management plan for the Area; (2) facilitating communication and coordination among the Federal, State, and local governmental agencies with jurisdiction within the Area and with residents and landowners within the Area; (3) reviewing and monitoring the implementation of the management plan by such governmental agencies; (4) reviewing all land acquisition proposals submitted by the Secretary in cases involving the potential use of eminent domain; (5) reviewing all Federal development projects within the Area for consistency with the management plan; and (6) preparing an annual report for the Secretary, Congress, and the Governors of Oregon and Washington on the status and implementation of the management plan. Requires the Chief of the Forest Service to prepare a management plan for the Area. Requires the Chief of the Forest Service to consult with the Commission and with State and local government authorities within the Area during preparation of the management plan. Authorizes the Secretary to provide financial and technical assistance to such authorities to carry out land use management activities. Directs the Secretary to incorporate State and local policies, management plans, standards, and requirements into the management plan and resolve any conflicts with the State and local authorities concerned. Requires that the management plan be submitted to the Commission for approval. Authorizes the Secretary to modify and resubmit any plan disapproved by the Commission. Authorizes the Secretary to adopt a resubmitted management plan without the Commission's approval. Permits requests for amendments to or variances from the management plan to be submitted to the Secretary. Prohibits the construction or modification of any facility in the critical portions of the Area before the Secretary's adoption of interim guidelines which shall govern all land use activities within the Area until the management plan is adopted. Requires that Federal activities within the Area be consistent with the interim guidelines and the management plan. Sets forth the procedure for the Secretary's approval of any such activities. Requires the Secretary to permit hunting and fishing on lands and waters under his or her jurisdiction within the Area. Directs the Secretary to monitor all land use activities within the Area prior to the adoption of the management plan to prevent violations of the interim land use guidelines. Requires local governments which have land use planning authority under State law and wish to enforce the management plan within the Area to submit to the Secretary and the Commission a land use plan consistent with the management plan. Requires the Secretary to approve or disapprove such a local plan within six months after its submission. Authorizes the Secretary to make annual grants to local governments to assist them in establishing such land use plans. Directs the Secretary to enforce the management plan if no approved local land use plan is in effect. Imposes criminal penalties for violations of regulations or orders issued pursuant to this Act. Authorizes the Attorney General, at the Secretary's request, to institute a civil action for an injunction or other order to prevent the use of lands in the Area in violation of the management plan. Provides for administrative and judicial review of such violations. Authorizes the Secretary to acquire lands classified as critical lands under the management plan without the owner's consent, unless, as of July 1, 1981, such lands were used primarily for single family residential purposes, farming, or grazing. Requires the Secretary to consider sale offers made by Area landowners. Authorizes the Secretary to acquire non-Federal lands within the Area by exchange. Provides that State lands may be acquired only by donation or exchange. Permits the transfer of Federal property within the Area to the Secretary without consideration. Requires that property thus acquired be: (1) transferred to the jurisdiction of the National Forest Service for inclusion in the national forest system; or (2) sold on terms to assure the use of such property in a manner consistent with the management plan. Authorizes appropriations. Makes appropriations from the Land and Water Conservation Fund available for land acquisition within the Area. Establishes an acquisition fund for land acquisition within the Area. Authorizes appropriations for the initial capital of the fund. Authorizes the Secretary to accept contributions which shall be credited to the fund. Authorizes the Secretary to make payments to local governments to mitigate property tax revenue losses resulting from Federal acquisition of real property within the Area. Limits the authority under this Act to enter into contracts or to make payments to the extent and the amounts provided in advance in appropriation Acts. Makes provisions of this Act which authorize new budget authority effective only for FY 1983 and thereafter.
United States · United States Congress · 24 February 1983
United States Olympic Checkoff Act of 1983 - Amends the Internal Revenue Code to allow taxpayers to designate on their income tax returns a contribution of one dollar of their income tax refunds or any cash amount voluntarily forwarded with their returns to support the U.S. Olympic Trust Fund. Establishes in the Treasury a U.S. Olympic Trust Fund (trust fund). Appropriates to such trust fund an amount equal to the amount designated on tax returns. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee. Allows specified administrative expenses to be paid from such trust fund.
United States · United States Congress · 22 February 1983
National Institute of Arthritis and Musculoskeletal and Skin Diseases Act of 1983 - Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute (Institute) of Arthritis and Musculoskeletal and Skin Diseases in the National Institutes of Health (NIH). Redesignates the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases as the National Institute of Diabetes and Digestive and Kidney Diseases. States that the Institute shall conduct research and related activities concerning arthritis and musculoskeletal diseases, including sports-related disorders and skin diseases. Requires the Director of the Institute, with the advice of the National Arthritis and Musculoskeletal and Skin Diseases Advisory Council, to establish within 180 days a national plan to coordinate such activities. Requires an annual evaluation of the skin diseases programs. Establishes within the Institute: (1) the National Arthritis and Musculoskeletal and Skin Diseases Data System; and (2) the National Arthritis and Musculoskeletal and Skin Diseases Information Clearinghouse. Authorizes appropriations through FY 1986. Establishes within the Institute: (1) an Arthritis and Musculoskeletal Diseases Interagency Coordinating Committee; and (2) a Skin Diseases Interagency Coordinating Committee. Requires annual reports to the Secretary of Health and Human Services and to the Director of NIH. Establishes within the Institute a National Arthritis and Musculoskeletal and Skin Diseases Advisory Council. Authorizes appropriations through FY 1986 for arthritis and musculoskeletal demonstration projects and multipurpose disease centers. Requires the Institute to submit a biennial report. Transfers arthritis-related functions (including data system, advisory functions, coordinating functions, demonstration project, and multipurpose center), funds, personnel, and assets to the Institute from the existing National Institute of Arthritis, Diabetes, and Digestive and Kidney Diseases. Requires the Secretary to report to the appropriate congressional committees and to the Comptroller General within 60 days regarding such transfers. Requires the Comptroller General to report to the appropriate congressional committees within 80 days regarding such transfers. Terminates the National Arthritis Advisory Board. Makes conforming amendments. Requires the Secretary, through NIH, to conduct a study of the existing combinations of disease research programs within the institutes and of the standards to be followed in establishing new or realigning existing institutes. Requires a report to the appropriate congressional committees within 18 months. Prohibits the establishment of any new institutes within six months of such report's submission. Directs the Secretary to conduct and complete within 60 days a review of the disease research programs of the National Institute of Diabetes and Digestive and Kidney Diseases (as redesignated by this Act) to determine if any of these programs could be more effectively managed by other national research institutions.
United States · United States Congress · 3 February 1983
Expresses the sense of the Senate that the President should propose to the Soviet Union immediate adherence by both countries to the principle of a guaranteed strategic build-down of nuclear forces, subject to agreed upon procedures of verification and compliance.
United States · United States Congress · 3 February 1983
Disapproves the proposed deferral of budget authority (D83-43) relating to economic development assistance programs, transmitted by the President to Congress on February 1, 1983.
United States · United States Congress · 3 February 1983
Expresses the sense of the Senate that neither the President nor the Congress should impose fees on domestic or imported crude or refined petroleum products.
United States · United States Congress · 1 February 1983
Competition in Contracting Act of 1983 - Title I: Amendments to Federal Property and Administrative Services Act of 1949 - Amends the Federal Property and Administrative Services Act of 1949 to revise the procedures for soliciting and awarding bids for Government contracts. Requires executive agencies (excluding military departments, the Coast Guard, and the National Aeronautics and Space Administration) to use competitive procedures in making contracts for property and services. Directs agencies to: (1) use advance planning and market research, prepare specifications, and solicit bids in a manner designed to achieve effective competition for a contract; and (2) use the competitive procedure or combination of procedures best suited for a procurement action. Authorizes an agency to award a procurement contract in order to establish or maintain any alternative source of supply if doing so would: (1) increase competition and reduce procurement costs; or (2) be in the interest of industrial mobilization in a national emergency. Requires procurement regulations to include simplified procedures and forms for making small purchases. Defines a "small purchase" as any purchase or contract which does not exceed $25,000. Prohibits dividing a procurement for the purpose of using small purchase procedures. Requires an agency, when using competitive procedures for other than small purchases, to solicit sealed bids when: (1) time permits the solicitation, submission, and evaluation of sealed bids; (2) the award will be made on the basis of price or other factors; (3) discussions with responding sources are not necessary; and (4) there is a reasonable expectation of receiving more than one bid. Directs an agency to request competitive proposals when sealed bids are not required. Permits agencies to use noncompetitive procurement procedures only when: (1) there is only one source and no substitute for the property or services needed; (2) the delay involved in using competitive procedures would seriously injure the Government; (3) it is necessary to award the contract to a particular source to achieve an essential industrial capacity in the United States or to maintain national industrial mobilization; (4) an agreement with a foreign government requires such procedures; (5) a statute requires that the procurement be made through another agency or a specific source; or (6) disclosure of an agency's needs to more than one source would compromise the national security. Prohibits an agency from awarding a contract, for other than a small purchase, using noncompetitive procedures unless a notice of such procurement has been published by the Secretary of Commerce. Requires agency solicitations for bids or proposals to include specifications which: (1) permit effective competition; and (2) contain only such restrictive provisions as are necessary to meet agency needs or as are required by law. Requires all solicitations for bids or proposals for other than small purchases to state: (1) the relative importance of all significant factors which the agency will consider in evaluating such bids or proposals; (2) in the case of sealed bids, that their will be no discussions with bidders; and (3) in the case of competitive proposals, that proposals are intended to be evaluated with discussions with the offerors, but might be evaluated without discussions. Requires each agency to: (1) evaluate bids and proposals on the basis of factors specified in the solicitation; and (2) award contracts to the bidder or offeror whose bid or proposal is most advantageous to the Government considering the price and other factors. Permits an agency to reject all bids or proposals if such action is in the public interest. Requires an agency, when evaluating competitive proposals, to award a contract: (1) after conducting written or oral discussions with all offerors submitting proposals within a specified range; or (2) on the basis of the proposals as received or as clarified after discussions conducted for the purpose of minor clarification. Directs an agency head to refer to the Attorney General any sealed bid evidencing an antitrust violation. Requires each agency to furnish for publication by the Secretary of Commerce a notice announcing: (1) its intention to enter a contract at a price greater than the maximum amount established for small purchases or a lesser amount as specified by the Administrator; and (2) the awarding of such a contract. Requires such notice of an agency's intention to enter a contract to be published at least 30 days before the date set for the receipt of bids or proposals. Requires that such notice include: (1) a description of the property or service to be procured; (2) the identity of the agency representative to contact to obtain a copy of the solicitation; (3) a statement that any person may submit a bid or proposal; and (4) a justification of any use of noncompetitive procedures. Exempts certain classified and noncompetitive procurements from such notice requirements. Requires agencies to: (1) maintain records, by fiscal year, of noncompetitive procurements and competitive procurements for which only one bid was received, excluding small purchases; and (2) transmit such information to the Federal Procurement Data Center. Requires a prime Government contractor or subcontractor, with specified exceptions, to submit and certify the accuracy of cost of pricing data prior to: (1) the award of contracts using other than sealed bid procedures and certain subcontracts where the price is expected to exceed $500,000; or (2) the pricing of any modification to such a contract or subcontract expected to result in a price adjustment exceeding $500,000. Requires the price to the Government of such a contract, subcontract, or modification to be adjusted to exclude any significant amount by which the price was increased because of inaccurate data. Authorizes an agency representative, for three years after final payment under such a contract or subcontract, to examine the contractor's records and other information to evaluate the accuracy of the cost and pricing data. Title II: Amendments to Title 10, United States Code - Revises procurement procedures for military departments, the Coast Guard, and the National Aeronautics and Space Administration to correspond with procurement procedures for executive agencies under title I of this Act. Permits contracts to require the carriage of Government property in cargo containers of specific dimensions if the Secretary of Defense determines that military requirements necessitate the specification of container sizes. Title III: Advocate for Competition; Annual Report on Competition - Directs the head of each executive agency to designate an officer or employee as an advocate for competition who shall promote competition in the procurement of property and services. Requires the advocate to report to the head of the agency on: (1) opportunities to achieve competition; (2) solicitations which contain unnecessarily detailed or restrictive specifications and other conditions that may reduce competition; and (3) his or her activities, annually. Requires the head of each agency, through 1986, to transmit to specified congressional committees an annual report which: (1) describes all actions the agency head intends to take during the next fiscal year to increase competition for agency contracts, and to reduce the number and value of agency contracts awarded after soliciting or evaluating bids or proposals from only one source; and (2) summarizes the activities of the agency's advocate for competition. Title IV: Notice Requirements Under the Small Business Act - Amends the Small Business Act to repeal certain provisions requiring the Secretary of Commerce to obtain and publish notice of all defense and civilian procurement actions exceeding specified dollar amounts. Title V: Applicability - Declares that this Act shall apply with respect to solicitations for bids or proposals issued on or after the date 180 days after enactment.
United States · United States Congress · 1 February 1983
Declares three named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
United States · United States Congress · 1 February 1983
Labor Management Racketeering Act of 1983 - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 fines and/or five years' imprisonment. Adds intent to benefit a person not permitted to receive payments, loans, or delivery of money or other thing of value to a labor organization in payment of membership dues, to a joint labor-management trust fund, or to a plant, area, or industry-wide labor-management committee as an element of violations involving those transactions. Grants civil jurisdiction to U.S. district courts over suits brought by: (1) the United States alleging a violation involving those transactions; or (2) any person directly affected by violations of restrictions on financial transactions under such Act. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise prohibitions against persons guilty of criminal offenses holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases, from five years to ten years, the time during which a convicted individual is prohibited from holding such offices or positions, but permits a lesser period to be set by the sentencing court under specified circumstances. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Raises, from one year to five years, the maximum time of imprisonment for violations of such prohibitions. Provides that any salary payable but for such prohibitions shall be placed in escrow pending final disposition of any appeal. Sets forth the responsibility of the Secretary of Labor to detect and investigate violations of ERISA and other provisions for protecting employee benefit rights, without precluding such detection and investigation by other appropriate Federal agencies. Makes any conviction entered prior to the enactment of this Act effective on the date of such conviction if a right of appeal from such conviction is pending on the date of enactment of this Act.
United States · United States Congress · 27 January 1983
Bail Reform Act of 1983 - 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, or for deportation or exclusion purposes. 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) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated; or (5) upon motion that a serious risk of flight or obstruction of justice exists. 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. Directs the Attorney General to promulgate regulations governing custody of persons detained pending trial. 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.
United States · United States Congress · 27 January 1983
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury, fear of injury or death results, or if a governmental or commercial recall occurs.
United States · United States Congress · 27 January 1983
Amends the Small Business Act to eliminate from the exceptions to the requirement that notice of Government procurement actions be published in the Commerce Business Daily those procurement actions which: (1) involve perishable subsistence supplies; (2) are of such emergency that the Government would be seriously injured if bids were made more than 15 days after the invitation to bid was issued; (3) are made by an order placed under an existing contract; (4) are for personal or professional services; or (5) are for services from educational institutions. Prohibits procuring activities, when required to publish notice of procurement actions, from: (1) issuing a solicitation for a procurement action until 15 days after publication of such a notice; (2) foreclosing competition under a procurement order until 30 days after the issuance of the solicitation or, in the case of orders under a basic agreement, basic ordering agreement, or similar arrangement, after publication of intent to place the order; or (3) commencing negotiations for the award of a sole source contract until 30 days after the publication of a notice of intent to contract. Exempts from compliance with such time periods procurement actions which: (1) are made by an order placed under an existing contract; (2) are of such emergency that the Government would be seriously injured if such time periods were complied with; or (3) involve perishable subsistence supplies. Prohibits a procuring activity from entering into negotiations for the award of a sole source contract for more than $100,000 unless: (1) the head of the activity has approved the proposal for such negotiation; and (2) the activity has considered all responses to the notice of the procurement action. Provides for the application of this Act to the Tennessee Valley Authority only to the extent it deems practicable.
United States · United States Congress · 27 January 1983
Expresses the sense of Congress that: (1) Federal nutrition programs, including the food stamp, child nutrition, and elderly feeding programs, should be protected from budget cuts; (2) the WIC (supplemental food program for women, infants, and children) should continue to be fully funded; and (3) the Federal Government should maintain primary responsibility for nutrition programs.
United States · United States Congress · 26 January 1983
Housing Finance Opportunity Act of 1983 - Amends the Internal Revenue Code to permit the continued issuance of mortgage revenue bonds after December 31, 1983.
United States · United States Congress · 26 January 1983
Acid Deposition Control Act - Amends title I of the Clean Air Act (Air Pollution Prevention and Control) to establish a new program (Interstate Transport and Acid Precursor Reduction) to: (1) regulate the long-range transport of pollutants and their transformation products; and (2) reduce acid compounds, and their precursors, in the atmosphere. Establishes a long-range transport corridor, the "acid deposition impact region," consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Directs the Administrator of the Environmental Protection Agency to: (1) conduct a study of air pollution problems associated with the long-range transport of pollutants in the portions of the continental United States not included in the acid deposition impact region; and (2) report the results to Congress within two years. Prohibits the increase of emissions of sulfur dioxide and of oxides of nitrogen from stationary sources in the acid deposition impact region over such total actual emissions there as of January 1, 1981. Prohibits any major stationary source in the region from significantly increasing such emissions, unless a not otherwise required net reduction of such regional pollution, in excess of the proposed increase, has been identified. Requires a ten-year phased reduction in annual emissions of sulfur dioxide in the region of 10,000,000 tons from the total 1980 level. Requires each State to achieve reductions in annual sulfur dioxide emissions according to a formula based on each State's share of utility emissions in the region. Permits State Governors to agree to reallot the required reductions. Requires each State in the region to adopt, within two years, enforcement measures to achieve such reduction. Directs the Administrator to approve such measures within four months if specified criteria are met. Sets forth a uniform sulfur dioxide emission limit for fossil-fuel-burning electric generating facilities (which are major stationary sources not subject to new performance standards) in any State that has not adopted, or has not had approved, such enforcement measures by such deadlines. Requires that owners or operators of such sources: (1) submit an approvable reduction plan and schedule within three years of enactment of this Act; (2) comply with such plan and schedule; and (3) achieve the required emission reduction at the earliest practicable date, but no later than ten years after enactment of this Act. Specifies methods or programs for enforceable net emission reduction that may be used by a State or the owner or operator of a source. Permits a State or owner or operator to substitute reduction in emissions of oxides of nitrogen for required sulfur dioxide emissions reductions, at a specified rate. Adds to State implementation plan requirements a prohibition of stationary source air pollutant emissions in amounts that will contribute to atmospheric loadings of pollutants or their transformation products so as to adversely affect public health or welfare or the environment in any other State or foreign country.
United States · United States Congress · 26 January 1983
Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Adopts the current notice provisions for a defense of insanity for the new plea of guilty but insane. Provides for determination of a defendant's mental competency to stand trial. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release, who are found to suffer from mental disease or defect.
United States · United States Congress · 26 January 1983
Enterprise Zone Employment and Development Tax Act of 1983 - 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 (one-third of which must be in rural areas). 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 streamling 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 January 1, 1987 or three years after the 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 Acquisition Policies Act of 1970. Title II: Federal Income Tax Incentives - Subtitle A: Credit for Employers - Allows employers located in enterprise zones a nonrefundable income tax credit for increased employment expenditures and employment of the disadvantaged. Allows a three year carryback and 15 year carryover of such credit. Sets the amount of such credit at ten percent of the increase in payroll (taking into account a maximum of $15,000 in wages per year per employee) plus 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit in the last three years of the enterprise zone designation. Disallows a deduction for the portion of wages taken into account for such credit. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for investment in 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. Phases out such credit in the last three years of the enterprise zone designation. Subtitle C: Reduction in Capital Gain Tax Rates - Eliminates the capital gains tax on property of corporations acquired after the enterprise zone designation and used in a zone business. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Allows noncorporate taxpayers to deduct from gross income 100 percent of any net capital gain from qualified enterprise zone property. Subtitle D: Rules Relating to Industrial Development Bonds - Provides that limitations on the cost recovery deductions for property financed with tax-exempt industrial development bonds shall not apply to enterprise zone property. Provides that the termination of the small issue exemption shall not apply to industrial development bonds the proceeds of which are used to finance facilities in such enterprise zones. Subtitle E: Deduction for Enterprise Stock - Allows a tax deduction up to a maximum of $100,000 per year for the purchase of stock originally issued by an enterprise zone small business having a net worth of less than $2,000,000. Taxes as ordinary income any amount previously taken as a deduction upon sale or disposition of such stock. Provides tax penalties if such stock is sold within three years. 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), to include 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 a rule shall remain in effect as long as the zone designations. Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to promote the coordination of all enterprise zone programs and consolidate all periodic reports required under such programs into one summary report. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. States that to the maximum extent practicable foreign-trade zones should be established within enterprise zones.
United States · United States Congress · 26 January 1983
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 10 December 1982
Expresses the sense of the Congress that the national security policy should reflect a national strategy of peace through strength. Sets forth the principles and goals of such a policy.
United States · United States Congress · 3 December 1982
Reaffirms the commitment of Congress to locating and repatriating Americans unaccounted for in Southeast Asia. Expresses congressional appreciation to the Lao Government for its expressed willingness to help. Supports the President's actions to locate and return missing Americans. Urges the President to respond to the indicated willingness of the Lao Government to cooperate in this effort.
United States · United States Congress · 30 November 1982
Federal Anti-Tampering Act - Amends the Federal criminal code to make it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business' reputation, by adulterating a food, drug, cosmetic or other product. Provides for a prison term of up to 20 years and a fine of up to $20,000 if personal injury results, or a prison term of up to life if death results. Establishes a separate offense, with similar penalties, for any person who willfully or maliciously conveys false information concerning an attempt at such adulteration, if injury or death results.
United States · United States Congress · 1 October 1982
Title I: Armed Forces, Soldiers' Home, Coast Guard, Lighthouse Service, and Merchant Marine - Amends Federal Military laws dealing with the Army, the Navy, the Air Force, and the Coast Guard to eliminate gender-based distinctions. Title II: Elimination of Gender-Based Distinctions Under the Old Age, Surviviors, and Disability Insurance Program, Railroad Retirement and the Work Incentive Program - Eliminates gender-based distinctions in the social security and railroad retirement programs. Title III: Amendments to United States Code - Amends the Immigration and Nationality Act, the Walsh-Healey Act, the Child Nutrition Act of 1966, the Federal Criminal Code and other Acts dealing with Indian affairs, transportation, public lands and provisions relating to Saint Elizabeth Hospital and contract law to eliminate gender-based distinctions.
United States · United States Congress · 30 September 1982
Declares that it should be U.S. policy to: (1) support the people of Afghanistan in their struggle to be free from foreign domination; (2) provide the Afghans, upon request, with material assistance; and (3) pursue a negotiated settlement of the war in Afghanistan based on the total withdrawal of Soviet troops and the recognition of the right of the Afghans to choose their own destiny.
United States · United States Congress · 9 September 1982
Expresses the sense of the Senate that: (1) the Senate Banking, Housing, and Urban Affairs Committee shall investigate methods of strengthening the Export-Import Bank to ensure competitive financing for U.S. exports; (2) the Senate Appropriations Committee shall provide sufficient authority for the Export-Import Bank to enable U.S. exporters to compete in world markets; and (3) the Export-Import Bank shall provide U.S. exporters with competitive financial support.
United States · United States Congress · 18 August 1982
States that each person has the right to be free from any classification based on sex, made by the United States or any State, unless such classification is necessary to achieve a compelling interest of the United States or such State. Provides that if any person under color of Federal or State law subjects one to a classification based on sex which is not necessary to achieve a compelling governmental interest, he or she shall be liable to the person injured. Allows any person aggrieved by a violation of this Act to bring a civil action in the appropriate district court of the United States. Enables the Attorney General to bring an action for declaratory or injunctive relief.
United States · United States Congress · 13 August 1982
Interstate Compact - Grants congressional consent and approval to an agreement by Connecticut, Massachusetts, New Hampshire, and Vermont regarding salmon restoration in the Connecticut River Basin. Authorizes the Secretaries of Commerce and the Interior to participate as members in a Connecticut River Atlantic Salmon Commission created by such agreement.
United States · United States Congress · 10 August 1982
Student Assistance Reform Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to provide standards for maintaining satisfactory academic progress as a condition for assistance under such title.
United States · United States Congress · 3 August 1982
Wilderness Protection Act of 1982 - Withdraws from disposition under all laws pertaining to oil, gas, oil shale, coal, phosphate, potassium, sulphur, gilsonite, and geothermal leasing: (1) wilderness areas; (2) lands recommended for wilderness designation, until Congress determines otherwise or until the lands concerned are recommended for other uses; (3) wilderness study areas, for the period of interim wilderness protection and management required by law; and (4) lands identified for further planning in Executive Communication 1504, 96th Congress, until one year after the final approval and implementation of an initial forest plan covering the further planning area. Exempts from the withdrawal pursuant to this Act: (1) national forest system land released to management for nonwilderness uses; (2) lands designated as congressional wilderness study areas in Colorado and New Mexico and certain lands within the River of No Return Wilderness in Idaho; (3) Bureau of Land Management wilderness study areas; and (4) lands in Alaska. Permits activities compatible with the preservation of the wilderness environment for the purpose of inventorying energy, mineral, and other resource values in areas withdrawn by this Act. Requires the Secretary of the Interior to augment recurring surveys of mineral values of wilderness areas and to acquire information on the areas withdrawn by this Act by conducting mineral inventories of such areas. Authorizes the President to recommend to Congress that minerals exploration, development, or extraction be permitted in specified areas withdrawn under this Act if: (1) there is an urgent national need for the mineral activity; and (2) the need outweighs the public values of the wilderness lands involved and the potential adverse environmental impacts likely to result. Makes such a recommendation effective only upon enactment of a joint resolution by Congress approving such recommendation. Authorizes the Secretary of the Interior to issue oil and gas leases for the subsurface of national forest or public land wilderness areas that are immediately adjacent to oil and gas producing fields or areas that are prospectively valuable. Prohibits surface occupancy under such leases and provides that such leases may be entered only by directional drilling from outside the wilderness or by other nonsurface disturbing methods.
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 · 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.
United States · United States Congress · 26 July 1982
Amends the Clayton Act to permit a State, or its political subdivision, or the United States to institute an action to recover damages for price fixing, even though they were not direct purchasers. Permits a State attorney general to institute such an action on behalf of a natural person who was not a direct purchaser. Entitles a defendant in an antitrust action to prove as a partial or complete defense that the plaintiff has passed on to others all or part of the damages claimed. Authorizes the court to award a reasonable attorney's fee to a prevailing defendant in such an action upon finding that the plaintiff has acted in bad faith.
United States · United States Congress · 22 June 1982
Amends the Federal criminal code to allow as an affirmative defense to a prosecution, that as a result of mental disease the defendant did not know the nature and quality of his actions or did not know the wrongfulness of his actions at the time he committed the offense. Transfers the burden of proving insanity to the defendant. Prohibits expert witnesses from offering opinions on the ultimate legal issues presented to the trier of fact.
United States · United States Congress · 8 June 1982
Small Business Debt-Equity Relief Act of 1982 - States that no Intenal Revenue Service regulations determining whether an interest in a corporation is to be treated as stock or indebtedness shall apply to an instrument issued before 180 days after the regulations are submitted to Congress. Requires that any such proposed regulations shall be consistent with the findings of Congress set forth in this Act if the Secretary of the Treasury chooses to adopt them.
United States · United States Congress · 27 May 1982
Military Widows and Surviving Children Benefits Restoration Act - Directs the Secretary of the military department concerned to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before the Omnibus Budget Reconciliation Act of 1981 to certain children between the ages of 18 and 22 attending institutions of higher learning. Limits eligibility for such payments to children of veterans who died on active duty or from a service-connected disability. Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary of the military department concerned to make monthly payments to the surviving spouse of such veteran in the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary concerned to notify each member of the armed forces that his or her dependents will be ineligible for such benefits should the member die after the applicable date, in no case later than August 13, 1983. Directs the Secretary of Health and Human Services to provide the Secretary concerned with information necessary to carry out this Act.
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.
![Official portrait of Sen. Rudman, Warren [R-NH]](https://www.congress.gov/img/member/r000497_200.jpg)