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
Directs the Secretary of Energy to determine whether the construction of a proposed interstate coal pipeline distribution system would be in the national interest. Directs the Secretary in making such determination to make findings concerning the extent to which the proposed distribution system: (1) would help meet national needs for coal distribution and utilizaton; (2) would enhance competition and provide new market outlets and opportunities for coal producers; (3) would contribute to national security; (4) would result in economic benefits; and (5) would affect the environment. Requires the Secretary before making such findings to provide an opportunity for written comment from any State in which a proposed system would be located or which would otherwise be affected by a system. Directs the Attorney General to conduct an antitrust review to determine the likely effects upon competition of approval of the application. Declares that no application may be determined to be in the national interest if inconsistent with the antitrust laws. Authorizes any individual proposing to build an interstate coal pipeline distribution system which has been determined to be in the national interest to acquire rights-of-way on private land by the power of eminent domain. Prohibits acquiring a right-of-way on any land: (1) which is part of an historic site; or (2) designated as a wilderness or wildlife refuge. Permits an applicant to amend an application to request a right-of-way over an alternate route. Authorizes the Secretary to require the relocation of any right-of-way upon a showing that: (1) the relocation is necessary to enable the United States to fully realize the value of its mineral interest; (2) an alternate route is available; and (3) the relocation would not result in unreasonable expense. Requires each application to list each instance where the proposed right-of-way crosses lands containing coal in which the United States has a mineral interest regarding the coal. Directs the Secretary of the Interior to evaluate the effects of approval of the application on the ability of the United States to realize the value of the mineral interest as a result of the application's approval. Directs the Secretary of the Interior to determine: (1) the terms and conditions necessary to minimize the impact of a right-of-way on the establishment of logical mining units; and (2) the extent to which alternate routes are available which would minimize the impact of granting the right-of-way on the ability of the Federal Government to realize the value of Federal coal. Directs the Secretary of the Interior to establish the fair market value of the Federal coal precluded from being recovered as a result of the proposed right-of-way. Prohibits the United States or its agents or any interstate coal pipeline distribution system from reserving, purchasing, using, diverting, or claiming water within any State for an interstate coal pipeline distribution system unless pursuant to and in compliance with applicable substantive and procedural State law. Declares that the establishment and exercise of terms or conditions for water use for any interstate coal pipeline distribution system shall be determined pursuant to the law of the State granting the permit or authorization. Provides that this Act shall not preempt any provision of State law or of an interstate compact governing the use of water. Prohibits any interstate pipeline from using water to which a Federal right can be asserted, unless the use is authorized pursuant to State law. Requires all articles, materials, and supplies used in the construction and maintenance of an interstate coal pipeline distribution system determined to be in the national interest to have been manufactured in the United States substantially from United States materials and supplies. Authorizes exemptions from such requirement. Declares that nothing in this Act shall: (1) alter or in any way preempt the applicability of any State or local law unless such law would have the effect of prohibiting the location, construction, operation, or maintenance of an interstate coal pipeline distribution system; (2) be construed to require any forms of automatic pass through of, or preempt the ratemaking authority of any State utility or the Federal Energy Regulatory Commission with respect to, pipeline related costs; or (3) be construed to authorize the further regulation of interstate common carriers.
United States · United States Congress · 27 January 1983
Amends the Tax Equity and Fiscal Responsibility Act of 1982 to repeal provisions which require the withholding of tax on interest and dividends. Requires taxpayers to file information returns and statements on the interest, dividends, and patronage dividends they receive.
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
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 · 16 December 1982
Amends the Small Business Act to define "small agricultural cooperative", for purposes of eligibility for disaster loans under such Act, as an association: (1) acting pursuant to the Agriculture Marketing Act; (2) whose receipts do not exceed the size standard established for other agricultural small business concerns; and (3) whose board members or governing members each qualify as a small business concern.
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 · 2 December 1982
Federal Public Transportation Act of 1982 - Amends the Urban Mass Transportation Act of 1964 to prohibit the Secretary of Transportation from making a discretionary capital grant or loan unless the applicant has sufficient capability to maintain the facilities and equipment purchased with such grant or loan. Sets forth the Federal share for grants to assist projects under this Act, including projects for the construction of certain fixed guideway systems. Prohibits alteration of Federal share commitments before enactment of this Act, including projects within the Washington, D.C. metropolitan area transit system. Authorizes appropriations for FY 1983 through 1985 for: (1) grants or loans to States and local public agencies; (2) long-range planning and technical studies; (3) grants and loans to meet the needs of the elderly and handicapped; and (4) the grant program for areas other than urbanized areas. Authorizes appropriations for FY 1983 through 1985 for: (1) research, development, and demonstration projects; (2) grants for managerial, technical and professional training programs; (3) grants for research and training in urban transportation problems; and (4) the establishment and operation of transportation centers at nonprofit institutions of higher learning. Limits the amounts available for appropriations under this Act for FY 1983 and 1984. Establishes a formula capital and operating assistance program to finance the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and maintenance items in mass transportation service. Sets forth the apportionments of such funds for urbanized areas, and the Federal share payable for such projects. Allows States to transfer apportionments between urbanized areas of different sizes. Sets forth requirements for entities to receive such grants. Requires the Secretary to notify the appropriate congressional committees before issuing letters of intent to obligate funds under this Act. Directs the Secretary to give priority to such commitments approved before enactment of this Act. Makes funds available under the urban mass transit program available for expenditure through 1985. Revises the definition of construction to include any bus rehabilitation project which extends the economic life of a bus by five or more years. Revises the definition of fixed guideway to include any transportation facility which utilizes a right-of-way rail usable by other forms of transportation and a public transit facility which utilizes a fixed catenary system. Repeals the intercity bus service/terminal development program and safety authority provisions of the National Mass Transportation Assistance Act of 1974. Terminates funding for the waterborne transportation demonstration project. Authorizes appropriations for FY 1983 through 1985 for the transit capital infrastructure program. Sets forth requirements for receiving grants under such program.
United States · United States Congress · 1 October 1982
Expresses the concern of the Senate in the preservation and restoration of Rhodes Tavern in Washington, D.C. Encourages preservation and restoration efforts by the National Trust for Historic Preservation, the National Capitol Planning Commission, the Commission of Fine Arts, the mayor and city council, and other interested organizations.
United States · United States Congress · 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 · 22 September 1982
Amends the Internal Revenue Code to treat as tax deductible medical care expenses: (1) the expenses of meals and lodging of a parent or guardian accompanying a child away from home for the purpose of receiving medical care; and (2) the expenses of meals and lodging of a child away from home for the purpose of receiving medical care on an outpatient basis.
United States · United States Congress · 16 September 1982
Residential Mortgage Investment Act of 1982 - Exempts any qualified mortgage transaction at arms-length engaged in by an employee benefit plan from specified prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Provides that such exemption shall supersede any and all State laws as they relate to qualified mortgage transactions to the extent engaged in by employee benefit plans.
United States · United States Congress · 13 September 1982
National Commission on Neurofibromatosis Act - Directs the Secretary of Health and Human Services to establish a National Commission on Neurofibromatosis within 60 days. Sets forth operating and related provisions. Authorizes the Commission to transmit interim reports. Requires: (1) the Commission to make a final report to the President and to each House of Congress within one year; and (2) the Secretary to file a final report and a budget analysis for neurofibromatosis research with the appropriate congressional committees within 15 days after the President submits his budget to Congress. Terminates the Commission three months after submission of the final report. Authorizes appropriations.
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.
United States · United States Congress · 28 July 1982
Major League Sports Community Protection Act of 1982 - Declares that it shall not be unlawful under any antitrust law for a professional sports league and its member clubs to enforce rules: (1) authorizing the league membership to decide that a member club shall not be relocated; or (2) providing for the division of league or member club revenues that promote comparable economic opportunities for member clubs. Prohibits any State or local government from imposing any limitation on the collective conduct of sports leagues or member teams authorized by this Act. Specifies the applicability of this Act to actions commenced under the antitrust laws before its enactment.
United States · United States Congress · 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 · 30 June 1982
Amends Federal law to require Federal magistrates to be members in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands for at least five years prior to their appointment.
United States · United States Congress · 23 June 1982
Commends Philip A. Loomis, Jr., for his outstanding Federal service on the occasion of his retirement as General Counsel of the Securities and Exchange Commission.
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 · 26 May 1982
Violent Crime and Drug Enforcement Improvements Act of 1982 - Title I: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Retains execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours. Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; or (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated. Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination. Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions. Title II: Witness-Victim Protection - Witness Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Amends the Bail Reform Act of 1966 to require as a condition of pretrial release that the defendant not commit these offenses. Grants general authority to the Attorney General to relocate or protect Government witnesses. Authorizes the Attorney General to initiate civil proceedings to restrain tampering with a witness or victim. Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence. Directs the Attorney General to develop Federal guidelines for the fair treatment of crime victims to ensure all victims of crime are justly compensated. Title III: Controlled Substances Penalties - Controlled Substances Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances. Title IV: Protection of Federal Officials - Amends the Federal criminal code to make it a Federal crime to kill, assault, or kidnap a cabinet officer or second ranking official in each executive department, Director or Deputy Director of Central Intelligence, U.S. Supreme Court justice or nominee, or senior presidential or vice presidential adviser. Includes as a Federal crime any attempt or conspiracy to commit such offenses. Title V: Sentencing Reform - Sentencing Reform Act of 1982 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment. Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment. Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence. Title VI: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity. Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers. Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced. Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party. Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property. Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission. Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property. Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property. Authorizes the Drug Enforcement Administration to set aside 25 percent of the amounts realized from forfeitures under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for payment for information or assistance leading to forfeiture. Terminates this program on September 30, 1984. Title VII: Offenders With Mental Disease or Defect - Authorizes a special verdict of "not guility only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Title VIII: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use. Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year. Title IX: - Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities. Expands explosives offenses to cover arson. Permits administrative forfeiture procedures for property valued at less than $100,000. Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his official duties. Extends Federal jurisdiction over the robbery of a pharmacy. Increases the penalties for distributing controlled substances in or on or within 1,000 feet of, an elementary or secondary school. Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the Federal juvenile justice system, and emergency electronic surveillance. Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.
United States · United States Congress · 26 May 1982
Expresses the sense of the Congress that: (1) the President should direct the appropriate agencies to pursue vigorously and promptly conclude certain countervailing duty and antidumping duty investigatons and the pending steel unfair trade practices investigation; and (2) Congress should consider legislation to strengthen U.S. trade laws.
United States · United States Congress · 24 May 1982
Federal Energy Reorganization Act of 1982 - Title I: Findings and Purposes; Definitions - Sets forth the findings and purposes of this Act and the definitions of terms used in this Act. Title II: Transfers of Functions - Transfers to the Secretary of Commerce specified functions of the Secretary of Energy and the Department of Energy, including functions with respect to: (1) nuclear energy; (2) geothermal energy; (3) solar energy; (4) electric and hybird vehicle research and development; (5) automotive propulsion research and development; (6) magnetic fusion engineering; (7) wind energy; (8) ocean thermal energy conversion; (9) methane transportation; (10) university coal research laboratories and energy resource graduate fellowships; (11) naval petroleum reserves; (12) energy conservation; (13) a medical care program for certain Marshall Islanders; (14) a comprehensive energy plan for insular areas; (15) regulation of public utilities; (16) fuel supplies; (17) import and export of natural gas; (18) oil pipelines; (19) establishment and implementation of international energy policies; and (20) integration of foreign and domestic energy policy. Transfers to the Secretary of the Interior all functions of the Secretary of Energy and the Department of Energy with respect to: (1) the sale of electric power from reservoir projects; (2) the Southeastern Power Administration, the Southwestern Power Administration, the Alaska Power Administration, the Bonneville Power Administration, and the Western Area Power Administration; (3) the Outer Continental Shelf Lands Act Amendments and any other authority of the Secretary of Energy relating to the award or administration of Federal leases; (4) the confirmation and approval of rates for the sale of Federal power; (5) authorities formerly exercised by the Bureau of Mines relating to research and development of increased efficiency of production technology of solid fuel minerals; and (6) research and development of alternative coal mining technologies. Transfers to the Secretary of Agriculture all functions of the Secretary of Energy and the Department of Energy with respect to biomass energy development and the tax on special fuels. Transfers to the Attorney General all functions of the Secretary of Energy and the Department of Energy under the Emergency Petroleum Allocation Act of 1973. Reserves the conduct of litigation arising from any function or authority transferred under this Act to the Department of Justice. Title III: Organization of Energy and Defense Program Functions - Establishes within the Department of Commerce a Deputy Secretary for Defense Programs and a Deputy Secretary for Energy. Requires the Deputy Secretary for Defense Program to perform nuclear-related functions that support the Department of Defense in meeting its defense objectives, including: (1) defense-related intelligence activities; (2) management and implementation of the national security and nuclear weapons programs; and (3) functions of the Department of Energy with respect to the Military Liaison Committee. Requires that such Deputy Secretary advise the President on all matters related to nuclear weapons which are the responsibility of the Department of Commerce. Provides that the Deputy Secretary for Energy shall perform functions relating to: (1) domestic and international energy policy formulation and implementation; (2) energy emergency planning; (3) energy planning and analysis; (4) regulatory functions transferred to the Department of Commerce by this Act; (5) nuclear nonproliferation responsibilities transferred by this Act; (6) civilian nuclear power; (7) naval nuclear propulsion; (8) long-term basic and applied energy research, development, and demonstration; (9) energy conservation; (10) alternate or renewable energy sources; and (11) fossil fuel technology. Provides for the appointment of two Associate Deputy Secretaries and six Assistant Secretaries to assist the Deputy Secretary for Defense Programs and the Deputy Secretary for Energy in performing their functions. Establishes within the Department a Division of Naval Reactors which shall perform the research, design, development, health, and safety functions relating to naval nuclear propulsion and assigned civilian power reactor programs vested in the Secretary by this Act. Provides that the Division of Military Application, which shall perform functions relating to nuclear weapons research, development, testing, and production, shall be in the Department. Title IV: Energy Information and Strategic Planning - Establishes within the Department of Commerce a Bureau of Energy Information which shall carry out a comprehensive energy data and information program. Requires that information collected by the Bureau be catalogued and made available to the public upon request. Requires that the Secretary of Commerce give the highest priority to collection of energy information requested by the Federal Energy Regulatory Commission. Provides for the appointment of an Assistant Secretary for Strategic Planning who shall be responsible for Department activities relating to strategic materials and industrial mobilization that were under the Department's authority before the enactment of this Act. Title V: Federal Energy Regulatory Commission - Federal Energy Regulatory Commission Act - Provides for the Federal Energy Regulatory Commission to continue as an independent regulatory agency. Transfers to the Commission specified functions of the Secretary of Energy and the Department of Energy under or with respect to: (1) the Federal Power Act; (2) the Natural Gas Act; (3) the Natural Gas Policy Act of 1978; (4) the establishment of rates for pipeline transportation of oil or the valuation of such a pipeline; and (5) the Public Utility Regulatory Policies Act of 1978. Gives the Commission jurisdiction over any other matter which, after public notice, the Secretary of Commerce may assign to the Commission pursuant to this Act. Sets forth the Commission's authority under this Act. Provides for judicial review of Commission actions. Title VI: Administrative Provisions-Subtitle A: Personnel Provisions - Sets forth the authority of the Secretary of Commerce with respect to the appointment of officers and employees necessary to carry out the functions transferred to the Secretary by this Act. Subtitle B: General Administrative Provisions - Sets forth the authority which the Secretary of Commerce may exercise in carrying out the functions transferred to him or by this Act. Authorizes appropriations to carry out the transfers authorized by this Act. Title VII: Transitional, Savings, and Conforming Provisions - Sets forth the requirements for the transfer and allocations of appropriations and personnel in connection with the functions of the Department of Energy and the Secretary of Energy transferred by this Act. Sets forth savings provisions and makes technical and conforming amendments. Repeals the Department of Energy Organization Act. Title VIII: Effective Date and Interim Appointment - Sets forth the effective date of this Act. Provides for the interim appointment of officers until offices required by this Act have been filled.
United States · United States Congress · 18 May 1982
Permits any national banking association which, on the date of enactment, holds title to an interest in real estate which it carried on its books at a nominal rate on December 31, 1979, to continue to hold such interest for such period as would be permitted a State- chartered bank by the law of the State in which the association is located if the aggregate amount of earnings from such interest is separately disclosed in the association's annual financial statement.
United States · United States Congress · 14 May 1982
Capital Assistance Act of 1982 - Amends the National Housing Act and the Federal Deposit Insurance Act to authorize the Federal Savings and Loan Insurance Corporation and the Federal Deposit Insurance Corporation to increase or maintain the capital of a qualified institution by making periodic purchases of capital instruments from such institution. Requires such an institution to have: (1) a net worth of at most three percent of its assets; (2) losses for two consecutive quarters; (3) a prospect of solvency for more than six months; and (4) investments in residential mortgages or mortgage-backed securities equal to at least 20 percent of its assets. Sets forth the initial capital instruments that the Corporations may purchase. Allows the Corporations to establish criteria which, with respect to ranges of net worth, calculation of losses, and percentage of losses to be met by purchases of capital instruments, differ from such criteria set forth by this Act. Prohibits any such assistance from being provided to a qualified institution if the Corporation determines that providing such assistance would be costlier than liquidating such institution.
United States · United States Congress · 6 May 1982
Amends the Immigration and Nationality Act to prohibit an Immigration and Naturalization Service official or employee from entering a farm or agricultural operation without a warrant.
United States · United States Congress · 6 May 1982
Amends the Internal Revenue Code to exempt holdings in an independent local newspaper business from the tax on excess business holdings of private foundations. Defines an "independent local newspaper business" as: (1) a proprietorship which publishes an independent local newspaper; (2) a partnership which publishes such a newspaper and which has none of its outstanding partnership interests traded in an established securities market; and (3) a corporation which publishes such a newspaper and which has none of its outstanding capital stock traded in an established securities market.
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.
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.
United States · United States Congress · 13 April 1982
Amends the Internal Revenue Code to allow a State, at its option, to enter into an agreement with the Secretary of the Treasury and the Secretary of Labor under which the State shall: (1) collect the tax imposed by the Federal Unemployment Tax Act; (2) retain a specified portion of such tax to be used for the administration of the State's unemployment compensation law and public employment offices; and (3) pay to the Treasury the remaining portion of such tax not retained. Allows a State to deposit any unexpended funds into its unemployment fund for use in payment of unemployment compensation. Requires the Secretary of the Treasury and the Secretary of Labor to enter into agreements with States unless: (1) the Secretary of Labor determines that a State does not have an unemployment compensation law which meets the requirements of Federal law; or (2) the Secretary of the Treasury determines that the State is not able to properly collect and pay over the required employment tax. Authorizes the Secretaries to declare a State to be in violation of such an agreement if either should determine that the State is not meeting the requirements of this Act. Provides that a refusal to enter into an agreement and a declaration of violation shall be subject to administrative and judicial review. Provides tax penalties for any violation of such an agreement. Provides that any State entering into such an agreement shall not be eligible to receive payments under title III or title IX of the Social Security Act or under the Wagner-Peyser Act. Amends the Internal Revenue Code and title III and title IX of the Social Security Act to allow States, at their option, to maintain and manage their own unemployment funds.
United States · United States Congress · 1 April 1982
Amends the Internal Revenue Code to set forth special temporary rules for the taxation of life insurance companies for 1982 and 1983. Revises provisions relating to policies reinsured under modified coinsurance contracts. Specifies that prescribed policy and other contract liability requirements shall not include interest payable after enactment of this Act by a reinsured to a reinsurer in connection with a coinsurance contract. Revises the method of computing the tax deductions for: (1) dividends to policyholders; (2) certain nonparticipating contracts; and (3) certain accident, health insurance, and group life insurance plans. Revises the method of determining adjusted life insurance reserves. Revises the method of computing the policyholder's shared investment yield, life insurance company taxable income, and net capital gain for companies filing consolidated returns. Specifies that the above method shall not apply to certain contract computation in effect before 1982. States that the determination for taxable years before 1982 as to whether a contract is a coinsurance contract shall be made solely by reference to the terms of the contract.
United States · United States Congress · 1 April 1982
Establishes U.S. policy concerning commercial food exports. Declares that there should be no interruptions in exports unless there is a general embargo in circumstances that justify the united support of the free world.
![Official portrait of Sen. Tower, John G. [R-TX]](https://www.congress.gov/img/member/t000322_200.jpg)