United States · United States Congress · 28 January 1982
Requests the President to present, on behalf of Congress, a gold medal to Lenny Skutnik, in recognition of his heroic rescue of one of the victims of the airline crash into the Potomac River on January 13, 1982. Authorizes appropriations. Authorizes the Secretary of the Treasury to cause bronze duplicates of such medal to be coined for sale to the general public.
United States · United States Congress · 26 January 1982
Amends the Omnibus Budget Reconciliation Act of 1981 to extend by two months (until June 30, 1982) the period within which an individual must have become a full-time student at a postsecondary educational institution in order to continue to receive, after July 1982, child's insurance benefits on the basis of student status under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
United States · United States Congress · 25 January 1982
Community Partnership for Employment and Training Act - Sets forth the purposes of this Act, including: (1) matching labor force skills to the economy's needs; (2) increasing the employability of the poor; (3) assisting new or dislocated workers to find permanent employment; (4) providing employment and training service to high unemployment areas; and (5) establishing a community-based employment and training system based on partnership between State and local governments and the private sector. Authorizes appropriations for FY 1983 and thereafter to carry out titles II, III, and IV of this Act. Title I: Community Public-Private Training and Employment Assistance System - Part A: Organizational Provisions - Sets forth provisions for prime sponsors under this Act which include prime sponsors under the Comprehensive Employment and Training Act (CETA) and which are similar to CETA provisions. Makes eligible for bonus payments any prime sponsor which: (1) is a consortium of local governments that includes a local government which was a CETA prime sponsor; and (2) serves a preponderence of a major functioning labor market area. Permits such prime sponsors to: (1) submit plans for approval for periods of more than one year; and (2) retain up to one-half of available funds for any fiscal year for use in the succeeding fiscal year. Requires each prime sponsor to establish (or provide for continuance of) a private industry council (PIC) to be jointly responsible for planning activities under this Act. Prohibits prime sponsors from using funds under this Act for any activity not approved by the PIC. Directs the prime sponsor to appoint the initial members of the council, and to fill vacancies with the advice and consent of two-thirds of the remaining members. Requires that a majority be representatives of business and industry in the area served by the prime sponsor and that the remaining members be representatives of labor, education, community-based organizations, and economic development organizations and agencies. Directs the Secretary of Labor to establish minimum national performance standards, based on such factors as unsubsidized employment placement and retention, wage increases, and income support payment reductions. Directs the Secretary to establish separate standards for youth, based on such factors as educational competencies attainment, elementary, secondary, and postsecondary school completion, and referral to other training programs, such as apprenticeships or military enlistment. Authorizes the Secretary to waive application of national performance standards for prime sponsors demonstrating exceptional local economic hardship and to approve less stringent performance goals which are the best reasonably attainable goals. Directs the Secretary, where a prime sponsor is failing to attain performance goals, to: (1) provide notice and technical assistance to the prime sponsor; and (2) in the case of ongoing failure during two consecutive years, (A) designate an alternate prime sponsor to prepare a plan for the area for the succeeding years and (B) terminate provision of funds to the unsuccessful prime sponsor. Authorizes the Secretary, upon determination that a prime sponsor has corrected the causes of a failure, to designate that prime sponsor to prepare a plan for the year after an alternate has served the area. Sets forth requirements for prime sponsor plans. Requires that such plans be developed in consultation with, and submitted with the approval of a majority of, the PIC. Authorizes the Secretary to designate the State or other alternate prime sponsor to develop a plan, with PIC consultation and majority approval, in cases where the PIC and the prime sponsor cannot concur. Requires each plan to describe activities conducted with funds under this Act, including: (1) a labor market analysis; (2) a demographic analysis of the eligible population; (3) participant selection procedures; (4) training and employment services, including duration, costs, wages, stipends, or allowances, and supportive services; (5) service provider selection methods and criteria, including consideration of community-based organizations as subgrantees or subcontractors; (6) arrangements for coordination with educational agencies; and (7) procedures for expenditure recordkeeping and for monitoring and auditing subgrantees or subcontractors. Requires each plan to include performance goals and a statement assurance of compliance with applicable requirements. Requires, as a qualification for additional administrative incentives, that a plan provide: (1) evidence of joint development in consultation with agencies administering other Federal employment-related programs; and (2) methods for coordination with such other Federal employment-related programs, including alternative reporting or recordkeeping requirements and uniform administrative forms. Permits plans thus qualifying to cover a period of more than one fiscal year. Sets forth procedures for review of prime sponsor plans by the PIC, the Governor, and appropriate local governments, as well as for availability to the public, before submittal for approval or disapproval by the Secretary. Requires the States seeking financial assistance under this Act to submit a Governor's coordination and special services plan (similar to that under CETA) to the Secretary for approval based on satisfactory implementation of: (1) coordination of all the State's employment and training, education, and related services; (2) technical assistance for prime sponsors; (3) special model training and employment programs and related services; (4) vocational education services agreed upon by prime sponsors and the State vocational education board; (5) rural area special assistance; (6) labor market and occupational information provisions without reimbursement to prime sponsors and appropriate education agencies; (7) fostering activities of the State Occupational Information Coordination Committee; (8) industrywide training; and (9) activities under title III (Employment and Training Assistance for Displaced Workers), if the State is eligible for financial assistance under title III. Requires States desiring to receive financial assistance under this Act to establish a State employment and training coordinating council. Includes among such council's duties the review of plans and programs of prime sponsors and of all appropriate State agencies, and other activities similar to those of the State employment and training council under CETA. Part B: General Requirements - Sets forth general program requirements under this Act which are similar in part to some special and general program conditions under CETA. Requires prime sponsors to provide employment and training opportunities to those most in need of such opportunities and make every effort to provide equitable services among significant segments of the eligible population. Sets program participation (30 months) and training allowances (104 weeks) limits similar to those under CETA. Sets a participant subsidized wage limit of 78 weeks in any five-year period (similar to the CETA limit on public service employment). Permits subsidized employment with a private for-profit employer, but only if the employee is an economically disadvantaged youth aged 16 through 19 and specified title II provisions are met. Permits subsidized employment of any sort only if the prime sponsor determines that unsubsidized employment is not immediately available in the area served. Prohibits (as did CETA) funding of programs involving political activities. Sets forth provisions for wages, benefits, and allowances. Sets forth labor standards. Sets forth provisions relating to allocation and availability of funds, reports, records, audits, investigations, complaints and sanctions, judicial review, interstate agreements, services and property, and the utilization of services and facilities. Title II: Employment and Training Services for the Economically Disadvantaged - Sets forth formulas for the allocation of amounts appropriated to carry out this title. Allocates 83 percent in FY 1983 and 73 percent in succeeding fiscal years among the States on the basis of relative numbers of: (1) employed persons; (2) unemployed persons in excess of four-and-one-half percent of the labor force in the State or in areas of substantial unemployment; (3) unemployed persons residing in areas of substantial unemployment; and (4) adults in low-income families. Directs the Secretary to suballocate the State allocation among prime sponsors within the State on an equitable basis based upon such relative numbers. Allocates ten percent of the amount appropriated for title II for any fiscal year, among the States in proportion to their other allocation, for the Governor's coordinating and special services and for the State employment and training council. Directs the Secretary to make available five percent of title II funds to prime sponsors: (1) in FY 1983 on a basis consistent with the purposes of this Act; and (2) in FY 1984 and thereafter to those who have met or exceeded performance goals during the preceding fiscal year. Directs the Secretary to allocate ten percent of title II funds in FY 1984 and thereafter to prime sponsors who raise, and expend for title II program purposes specified amounts of non-Federal funds. Directs the Secretary to allocate two percent of title II funds among prime sponsors eligible for bonus payments for forming consortia of local governments serving major labor market areas. Requires prime sponsors to use title II funds in accordance with their plans to provide employment and training services which they and their PICs determine to be necessary and appropriate for economically disadvantaged youth and adults. Requires that at least one-half of such funds be used for such services for youth aged 16 through 21, with proportionate reductions of this minimum requirement in areas where the ratio of economically disadvantaged youth to economically disadvantaged adults is less than the nationwide ratio. Sets forth a non-exhaustive list of permissible title II services. Permits wage subsidies for temporary employment with public or private nonprofit employers. Permits wage subsidies to private for-profit employers for part-time employment during the school year or full-time employment not to exceed eight weeks during the summer for in-school economically disadvantaged youth aged 16 through 19, provided no such subsidy exceeds the net cost to the employer of wages paid and training provided. Includes among other permissable services: (1) job search; (2) job counseling; (3) remedial and basic skills education; (4) institutional skill training; (5) on-the-job training; (6) outreach; (7) labor market information; (8) work habit development; (9) supportive services; (10) upgrading and retraining; (11) education-to-work transition; (12) literacy and bilingual training; (13) work experience and vocational exploration; (14) high school equivalency; (15) job and job-opening development and generation; (16) apprenticeship; (17) program information to employers; (18) advanced learning technology; (19) followup; and (20) coordination with related programs. Limits eligibility to participate in title II programs to economically disadvantaged individuals aged 16 or older, but allows: (1) youth aged 14 or 15 to receive specified employment assistance services; and (2) up to ten percent of title II program participants to be individuals who are not economically disadvantaged if such individuals have encountered barriers to employment (such individuals may include the physically handicapped, those with limited English-speaking ability, displaced homemakers, ex-offenders, alcoholics, or addicts). Title III: Employment and Training Assistance for Displaced Workers - Declares the purposes of this title to be: (1) alternative employment assistance to involuntarily unemployed individuals unlikely to be rehired by the same employer; (2) occupational retraining for individuals with skills in declining occupations; and (3) reduction of the impact of economic dislocation on local communities. Directs the Secretary to allocate title III funds for any fiscal year among the States on the basis of relative numbers of: (1) individuals in the labor force; (2) unemployed persons; and (3) persons unemployed for ten weeks or more. Requires each State to match its title III Federal grant by an equal expenditure of non-Federal public or private funds for title III services, including direct costs of such services and State unemployment insurance benefits to participants in title III programs. Requires States desiring title III funds to submit to the Secretary of State displaced worker plans for the use of such funds and for coordination of title III programs with other Federal, State, or local employment-related programs. Requires such plans to ensure the maximum feasible utilization of title II program facilities and services in carrying out title III programs. Requires prime sponsor and PIC approval of title III program operations in the areas they serve. Requires, for specified title III program services, affected labor organization consultation and approval. Authorizes use of title III funds to assist eligible participants to obtain unsubsidized employment through services which include, but are not limited to: (1) job search; (2) job development; (3) in-demand skills training; (4) support services; (5) relocation assistance; and (6) cooperative programs with employers or labor organizations for early intervention in the event of plant closures. Requires allowances or stipends for eligible participants during title III training or retraining periods. Permits relocation assistance if the State determines that the participant: (1) cannot obtain employment within the commuting area; and (2) has secured suitable long-duration employment or a bona fide job offer in a relocation area. Makes eligible for title III services any individual who has experienced or been notified of termination or suspension of employment as a result of any plant closure or permanent reduction in force. Makes eligible for title III training or retraining programs any unemployed individual with job skills that the State determines offer limited opportunities for employment or reemployment in the same or a similar occupation in the area of residence. Title IV: National Employment and Training Programs - Part A: Employment and Training Services for Indians and Migrants and Seasonal Farmworkers - Sets forth provisions for Native American employment and training programs which are similar to CETA provisions. Directs the Secretary to reserve for Native Americans programs from title IV funds an amount equal to not less than two and seven-tenths percent of the amount available for title II programs. Directs the Secretary to prescribe rules, regulations and performance standards necessary to meet the special circumstances under which such Native American programs operate. Sets forth provisions for migrant and seasonal farmworker employment and training programs, similar in part to CETA provisions. Directs the Secretary to establish an office of farmworker programs within the national headquarters of the Department of Labor to select, administer, monitor, and evaluate such programs. Requires that the public agencies and private nonprofit organizations carrying out program services have a previously demonstrated capability to administer effectively a diversified employability development program for migrant and seasonal farmworkers. Authorizes the Secretary to approve the designation of grantees for such programs for a period of two years. Requires that such programs, in addition to other employment and retraining activities assist in improving the well-being of farmworkers who remain as seasonal agricultural employees. Requires title IV fund recipients to establish performance goals. Directs the Secretary to reserve for farmworker programs from title IV funds an amount equal to not less than two and eight-tenths percent of the amount available for title II programs. Prohibits national farmworker programs and activities from precluding other assistance to farmworkers under this Act. Part B: Job Corps - Sets forth provisions for the Job Corps which are similar to CETA provisions. Sets participant age limits of 16 through 24 (CETA provides limits of 14 through 21), but permits appropriate nonresidential services for 14 and 15 year olds (both this Act and CETA allow waivers of the maximum age limitation in cases of handicapped individuals). Authorizes the Secretary to pay individuals and organizations for the cost of recruitment, screening, and selection of Job Corp candidates (but prohibits, as does CETA, any payment solely as compensation for referring the names of candidates. Provides for an exception from the two-year Job Corps enrollment period limit where necessary for participation in an advanced career program (as well as in special cases). Authorizes the Secretary to arrange for advanced career training programs for selected Corps members for a period of up to one additional year of Corps participation. Permits such programs to be provided by postsecondary institutions or by businesses and labor unions. Limits, in FY 1983, personal allowances to no more than $70 per month for the first six months and no more than $125 for the remainder of Corps service, for expected short-term service, or for readjustment allowances. Permits the Secretary to increase such allowances in FY 1984 and thereafter. Directs the Secretary to disseminate information from Job Corps program experience which may help related programs. Authorizes the Secretary to test at various Job Corps centers the efficacy of selected education or training activities. Directs the Secretary to establish annual orientation and training sessions for appropriate prime sponsor and Job Corps staff to be held at Job Corps centers. Authorizes the Secretary to arrange with the Secretary of Defense for pilot projects at Job Corps centers to prepare youth to qualify for military service. Permits permanent programs for such purpose if the Secretary of Defense reimburses the Job Corps for 90 percent of program costs. Authorizes the Secretary to undertake pilot projects using community-based organizations of demonstrated effectiveness for Job Corps center operation. Authorizes the Secretary to accept on behalf of the Job Corps charitable donations which would not jeopardize Job Corps integrity. Part C: National Programs and Activities - Directs the Secretary to use specified funds to provide services authorized under all titles of this Act for employment and training programs that are most appropriately administered from the national level, such as federally-assisted multistate programs sponsored by public agencies or private organizations, including programs: (1) assisting persons with particular employment-related disadvantages (such as offenders, persons with limited English proficency, handicapped, women, single parents, displaced homemakers, youth, older workers, persons lacking educational credentials, and public assistance recipients); (2) fostering employment and training linkages between public and private sectors; and (3) addressing critical skill shortages. Directs the Secretary to provide for research and demonstration programs and for training and technical assistance. Directs the Secretary to establish, in the office of the Secretary an Office of Management Assistance to provide specified services to prime sponsors. Part D: Labor Market Information - Sets forth provisions for a comprehensive system of labor market information which are similar to CETA provisions. Directs the Secretary to assure: (1) statistical reliability and national standardized definitions of employment, unemployment, and occupational definitions for purposes of such system; (2) consolidated departmental data collecting and processing systems to eliminate overlap and duplication; and (3) compliance with Federal Paperwork Reduction Act criteria. Establishes a National Occupational Information Coordinating Committee. Reserves funds from amounts available for this part to establish and maintain the Committee in the Department of Labor to assure the coordination of functions required by this part. Sets forth provisions relating to the Committee which are similar to CETA provisions. Sets forth provisions for a nationwide computerized job bank and matching program which are similar to CETA provisions. Part E: Economic Adjustment Program - Directs the Secretary to use funds available for this part to provide financial assistance to eligible prime sponsors for employment services, subsidized employment, and appropriate training and supportive services for unemployed workers. Makes prime sponsors eligible to apply for national Economic Adjustment Program (EAP) funds if the area under prime sponsor jurisdiction has an unemployment rate for the preceding three consecutive months exceeding the national average. Requires the PIC approval of prime sponsor EAP plans. Makes any Indian tribe, band, or group receiving part A assistance an eligible prime sponsor for EAP purposes. Permits EAP programs or activities to include any activity authorized under titles II or III of this Act. Makes individuals eligible for EAP participation if they: (1) have been unemployed for at least ten out of the 12 weeks immediately prior to the eligibility determination; and (2) are economically disadvantaged. Permits 20 percent of participants in a prime sponsor's EAP programs and activities to be individuals who are not economically disadvantaged. Directs the Secretary to establish priority approval criteria for EAP proposals, including such factors as: (1) severity of area unemployment; (2) potential for training leading to unsubsidized employment in occuaptions with skills shortages; and (3) involvement of subsidized employment in economic development activity (including public facility maintenance) leading to expanded private unsubsidized employment opportunities. Part F: National Commission on Employment and Productivity - Establishes a National Commission on Employment and Productivity (replaces the National Commission for Employment Policy under CETA and reconstitutes its membership without Federal officials). Sets forth provisions for Commission functions, administration, and reports which are similar to CETA provisions. Title V: Amendments to Other Laws - Amends the Wagner-Peyser Act (U.S. Employment Service) to direct the Secretary to distribute 98 percent of funds under such Act among the States on the basis of relative numbers of: (1) individuals in the civilian labor force in each State as compared to all States; and (2) unemployed individuals in each State as compared to all States. Directs the Secretary to allocate the remaining two percent of such funds among those local employment service offices which have developed joint plans with prime sponsors under this Act. Permits State allocations to be used for: (1) job search and placement services for job seekers; (2) recruitment and technical services for employees: (3) program evaluation; (4) service linkages with related government programs; (5) services for displaced workers; (6) labor market and occupational information; (7) management information and analysis; (8) work test administration for the State unemployment compensation system; and (9) job search and placement for unemployment insurance claimants. Authorizes the U.S. Employment Service to perform only such activities and such other labor market-related services as are specified in reimbursable contracts with other State or Federal agencies. Amends part C (Work Incentive Program - WIN) of title IV of the Social Security Act to make applicants for (as well as recipients of) aid to families with dependent children (AFDC) eligible for the WIN program. Deletes a requirement that a specified portion of WIN program funds be used for specified on-the-job training and public service employment programs. Directs the Secretary to assure that WIN registrants receive employment and training services under this Act. Directs the Secretary to utilize PICs of prime sponsors under this Act for advice as to availability of area jobs for WIN programs purposes (thus replacing the WIN Labor Market Advisory Councils established to serve such function). Revises provisions for WIN program operation to direct the Secretary to: (1) provide intensive job search assistance services for all WIN registrants (as a program requirement, with specified exceptions); (2) following provision of such services, refer all WIN registrants who have not been placed in unsubsidized employment to the appropriate prime sponsor for employment and training services under this Act; and (3) place WIN registrants without unsubsidized jobs who are not currently served under this Act in other employment and training activities. Requires the State agency administering WIN program activities to coordinate these with activities under this Act. Repeals the Comprehensive Employment and Training Act (CETA), as of October 1, 1982. Provides for a CETA program transition period expiring at the end of June 30, 1983. Permits prime sponsors, even before the expiration of such transition period, to carry out activities authorized under this Act.
United States · United States Congress · 16 December 1981
Amends the copyright law to exempt the home recording of copyrighted works on home video recorders for private home, noncommercial use from copyright infringement.
United States · United States Congress · 15 December 1981
Orphan Drug Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations to exempt from such Act drugs intended solely for drug treatment investigations. Defines "drug treatment investigation" as an investigation of a drug which involves human participants with a rare disease or condition. Establishes in the Department of Health and Human Services an interagency committee known as the Committee on Orphan Drug Development. Makes it the function of such committee to promote the development of drugs for rare diseases or conditions (orphan drugs). Requires the Director of the National Institutes of Health (NIH) to submit to the Committee an annual report on the rare disease and condition research activities of NIH. Requires the Committee to report by June 1 of each year to the appropriate congressional committees on its activities and the results of its evaluations, including the report submitted by NIH. Amends the Internal Revenue Code to allow a tax credit for qualified experimental expenses incurred while researching orphan drugs.
United States · United States Congress · 14 December 1981
Products Liability Act of 1982 - Sets forth uniform national standards for products liability cases. Provides that this Act preempts inconsistent Federal and State laws. Permits actions under this Act to be brought in State court or Federal court if the United States is a party or diversity jurisdiction exists. Prohibits recovery for other than commercial loss or damage to the product itself, except as otherwise provided in this Act. Sets forth basic standards of responsibility for manufacturers and product sellers other than manufacturers, including wholesalers, distributors, retailers, lessors, packagers, and repairers. Establishes rules relating to proof in products liability cases with respect to government standards and contract specifications. Prohibits admission of postmanufacturing improvements except for the purpose of impeaching a witness for the product seller who denies the feasibility of such improvements. Provides that all product liability actions shall be governed by the principles of comparative responsibility. Specifies the manner in which damages are to be apportioned. Requires the reduction of any damage award by the amount of workers' compensation benefits which are paid. Makes a product seller who acted with flagrant indifference to consumer safety, where the act was an extreme departure from accepted practice, liable for punitive damages. Establishes a three-year statute of limitations and a ten-year statute of repose.
United States · United States Congress · 11 December 1981
Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 180 days each during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Comptroller General to conduct a study of the hospice reimbursement method. Defines hospice care as including items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis.
United States · United States Congress · 11 December 1981
Repeals the provision of the Omnibus Budget Reconciliation Act of 1981 which eliminates child's insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act for children aged 18 through 22 who attend postsecondary schools.
United States · United States Congress · 9 December 1981
Amends the Federal National Mortgage Association Charter Act to authorize the Secretary of Housing and Urban Development to direct the Government National Mortgage Association, during fiscal year 1982, to provide financial assistance to mortgagors by reducing the mortgage payments for certain new homes to amounts the payments would equal if the interest rates on such mortgages were 12 percent. Directs the Association to provide such assistance by: (1) purchasing and servicing mortgages; or (2) making payments to mortgagees on the principal of or interest on mortgage loans. Requires the Association to recapture the lesser of the amount of assistance provided to a mortgagor or 50 percent of the net appreciation of the assisted property whenever the property is sold or refinanced or whenever the property is no longer the mortgagor's principal place of residence. Directs the Secretary to provide that: (1) assistance is allocated among the regions of the country on the basis of each region's inventory of unsold, newly constructed homes; (2) the amount of assistance provided to any mortgagor shall not exceed $6,000; and (3) priority for assistance is given to first-time buyers who could not otherwise afford to buy and who are purchasing modest homes constructed by small homebuilders.
United States · United States Congress · 8 December 1981
Title I: Guam - Amends the Organic Act of Guam to grant Guam the right of initiative and referendum. Makes the Governor, Lieutenant Governor, and the members of the legislature subject to removal from office by a referendum election. Title II: Trust Territory of the Pacific Islands - Changes the date by which all federally owned personal property located in the Trust Territory and all personal property owned by the Trust Territory government must be transferred to the various island governments. Title III: Virgin Islands - Authorizes appropriations for the planning of an institution for Caribbean educational, cultural, and technical interchange by the College of the Virgin Islands. Title IV: Miscellaneous - States that certain funds that have been authorized but not appropriated may remain available for appropriation in succeeding fiscal years.
United States · United States Congress · 3 December 1981
Authorizes the President, on behalf of the Congress, to present a gold medal to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations to carry out provisions of this Act.
United States · United States Congress · 21 November 1981
United States Academy of Peace and Conflict Resolution Act - Establishes the United States Academy of Peace and Conflict Resolution. Sets forth the functions of the Academy. Declares that the Academy is an independent nonprofit corporation. Sets forth the powers and duties of the Academy, including establishment of an Endowment of the United States Academy of Peace and Conflict Resolution. Set forth provisions for a Board of Directors and for officers and employees of the Academy. Set forth requirements for Academy program procedures and records. Requires an annual audit of Academy accounts and audit reports to the President and the Congress. Subjects the Academy to specified freedom of information provisions. Provides that, with certain exceptions, the Academy shall not be considered a department, agency, or instrumentality of of the Federal Government. Prohibits the use of any political test or political qualification with respect to personnel financial assistance under this Act. Authorizes appropriations for Academy buildings, grounds, facilities, programs, and administration. Sets forth provisions for availability of appropriations. Requires transfer of income and assets to the U.S. Treasury upon dissolution and final liquidation of the Academy or any other legal entity created pursuant to this Act.
United States · United States Congress · 21 November 1981
Provides that a named individual shall be deemed to have been eligible for the special pension due those who have been awarded the Medal of Honor as of a specified date.
United States · United States Congress · 20 November 1981
Requests the President to designate February 22, 1982, as a day of national celebration in honor of the two hundred and fiftieth anniversary of the birth of George Washington.
United States · United States Congress · 17 November 1981
Revises provisions concerning conservation and management of U.S. fisheries. Allows foreign fishing vessels to engage in recreational fishing within specified U.S. waters and in compliance with restrictions set forth by the Secretary of Commerce and others. Makes certain reporting requirements of the Regional Fishery Management Councils discretionary. Declares that specified guidelines established by the Secretary shall not have the force of law. Revises the organization of the eight Regional Fishery Management Councils. Describes changes in the contents and implementation of fishery management plans prepared by the Councils.
United States · United States Congress · 17 November 1981
Amends title IV (National Research Institutes) of the Public Health Service Act to establish a National Institute on Arthritis and Musculoskeletal Diseases. Sets forth the Institute's research and training functions and arthritis and musculoskeletal diseases program plan. Authorizes the Secretary of Health and Human Services, acting through the Institute, to operate multipurpose arthritis and musculoskeletal disease research centers. Requires annual evaluations of such centers. Authorizes specified appropriations for such centers for fiscal years 1983 through 1985. Directs the Secretary to establish an arthritis and musculoskeletal disease Coordinating Committee, which shall meet at least four times a year.
United States · United States Congress · 12 November 1981
Expresses the sense of the House of Representatives that guidelines relating to title IX of the Education Amendments of 1972 (concerning sex discrimination in education) should not be repealed or altered.
United States · United States Congress · 10 November 1981
National Petroleum Supply Evaluation Act of 1981 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy, in consultation with others, to investigate the impacts of acquisitions of domestic petroleum companies by major international concerns and to report to Congress concerning such investigation by May 1, 1982. Requires the investigation to evaluate the effect of such acquisition on the exploration, development, production, refining, transportation, distribution, and marketing of domestic petroleum supplies. Prohibits any major international energy concern from acquiring more than five percent of any domestic petroleum company between October 1, 1981, and June 30, 1982.
United States · United States Congress · 10 November 1981
Taxpayer Protection Act - Amends the Internal Revenue Code to subject the Internal Revenue Service (IRS), in the collection of taxes, to provisions of the Fair Debt Collection Practices Act regarding communication and harassment in connection with debt collection. Prohibits the publication of any deficiency which has not been adjudged to be payable by a competent court. Permits individual taxpayers to bring a civil action in a U.S. district court for damages resulting from collection practices prohibited by this Act. Requires a Federal court order before property of a taxpayer may be levied upon for the collection of tax. Specifies that a showing of fraud or malfeasance or a misrepresentation, for purposes of modifying or reconsidering a closing agreement between an individual taxpayer and the Secretary of the Treasury, shall be taken into account only if such a showing or misrepresentation is determined by a competent court. Prohibits the Secretary from consenting to extend for more than one year the period for assessment of the income tax liability of any individual taxpayer. Requires the Secretary to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the IRS may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Makes binding on the Secretary : (1) a tax return prepared for the taxpayer by an officer or employee of the IRS acting in his official capacity to provide such assistance; and (2) written information or advice given to the taxpayer by such an officer or employee acting in his official capacity. Places the burden of proof, in administrative and judicial proceedings involving the IRS and a taxpayer, upon the IRS. Directs that all property of taxpayers, for purposes of the estate and gift tax, be valued at historical cost (original cost to the taxpayer or the basis of the property if it was not purchased). Prohibits the use in IRS personnel evaluations of amounts collected pursuant to audits or investigations. Precludes the Secretary from exercising any enforcement authority over churches or certain other organizations. Prohibits the audit of any group of taxpayers unless the Secretary has first met certain notice requirements or permitted members of the group to file an amended return. Sets forth conditions which must be met by the IRS before any action is taken to interfere with the property rights of a taxpayer. Requires the IRS, before securing the records of, or personal data concerning, any taxpayer, to: (1) notify the taxpayer in writing of the demand, the material sought, and the need for the material; (2) have commenced an action in a competent court against the taxpayer; and (3) have justified its need before the court consistent with the discovery rules of the Federal Rules of Civil Procedure. States that the IRS shall have no authority, in enforcing the tax obligations of any person, which is in conflict with the rights and privileges granted under the Constitution.
United States · United States Congress · 10 November 1981
Expresses the sense of the Congress that regulations pertaining to nutritional requirements for meals under the National School Lunch Act be consistent with the goal of such Act to provide one-third of the recommended dietary allowance of nutrients in the school lunch program.
United States · United States Congress · 5 November 1981
Expresses the sense of the Congress that no limitation should be placed on the Federal income tax deduction for interest paid on a residential mortgage.
United States · United States Congress · 4 November 1981
Violent Crime Control Act of 1981 - Title I: Mandatory Sentences For Use of Firearms in Felonies - Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Makes the additional penalties inapplicable to offenses consisting solely of possessing, transporting, or selling a firearm. Increases the additional penalty to two years' imprisonment for a first offense (currently, one to ten years) and to five years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Prohibits the granting of parole to any offender. Prohibits the Government attorney from plea bargaining with respect to this offense. Title II: Assassination-Related Killings - Amends the Federal criminal code to extend the current offense of killing designated Federal employees to include any Federal public servant engaged in the performance of, or on account of, his or her duties. Replaces the current crimes of Presidential and Congressional assassination with new offenses covering the assassination, assault, kidnapping, or conspiracy to kill or kidnap "United States officials." Includes Cabinet heads and Federal judges within such definition, in addition to the President, Vice President, and Members of Congress. Makes it a Federal crime to kill any civilian in the course of an assassination of a U.S. official. Authorizes the Attorney General to offer a reward of up to $100,000 for information and services concerning these offenses. Makes it the duty of any Federal agency to assist the Attorney General in the investigation and prosecution of violations. Title III: Bail Reform - Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person of 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. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the number of discretionary release conditions. 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 if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. 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; or (3) a narcotics offense punishable by at least ten years' imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice or any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. 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. 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. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions. Title IV: Insanity Defense Modifications - 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. 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. Title V: Modification of the Exclusionary Rule - Declares that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief. Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance. Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees. Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the action was constitutional. Title VI: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system. Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines. Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. 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. Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Title VII: Habeas Corpus Changes - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners, except upon consent of the parties. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate that the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six circumstances (currently, the State findings are presumed to be correct unless the petitioner establishes the existence of a circumstance). Requires the Federal court to view the State court record in the light most favorable to the prosecution. Title VIII: Corrections Construction and Development - Corrections Construction and Program Development Act of 1981 - Authorizes the Attorney General to make grants to States for up to 75 percent of the cost of projects to: (1) construct, expand, and repair correctional facilities; and (2) improve correctional programs and practices. Authorizes appropriations through fiscal year 1985. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to donate surplus property to States for correctional purposes.
United States · United States Congress · 4 November 1981
Directs the United States Postal Service to provide and sell a postage stamp issue to commemorate the two hundred and fiftieth anniversary of the birth of George Washington. Provides that such postage stamp shall be of such denomination and design, and shall be sold for such period, as the United States Postal Service shall determine.
United States · United States Congress · 29 October 1981
Public Lands Conservation, Rehabilitation, and Improvement Act of 1981 - Directs the Secretary of the Interior, in cooperation with the Secretary of Agriculture, to establish and administer a public lands conservation, rehabilitation, and improvement program. Requires the Secretary to provide assistance to program agencies (any Federal or State agency responsible for the management of public lands) to establish and operate residential and nonresidential conservation centers to implement program projects. Describes the types of projects which will receive program preference. Limits program projects to those benefitting public lands or Indian lands, except where projects on nonpublic lands benefit associated public or Indian lands or provide significant public benefits. Sets forth requirements for establishing conservation centers and eligibility criteria for enrollees in the program. Makes persons eligible for enrollment and employment in the program if they are: (1) unemployed; (2) between the ages of 16 and 25 years; and (3) citizens, lawful permanent residents, or lawfully admitted alien parolees or refugees. Provides that in the selection of enrollees for the program, preference shall be given to economically, socially, physically, and educationally disadvantaged youth and youth residing in areas having substantial unemployment. Requires program agencies to provide services, facilities, supplies, and equipment for conservation centers as the Secretary deems necessary. Authorizes the Secretary to award grants to, or enter into agreements with, program agencies for the funding and operation of conservation centers. Authorizes appropriations for FY 1983 through 1989. Requires such appropriations to be credited from specified Treasury receipts. States that program enrollees shall not be deemed Federal employees, except as provided in specified provisions of law. Makes the Secretary responsible for the pay of enrollees and coordination of the program with related Federal, State, local, and private activities. Directs the Secretary to submit a report to Congress, within one year of enactment of this Act, on the feasibility of allowing enrollees who have completed two years in the program an exemption from training and service under the Military Selective Service Act. Directs the Secretary to make arrangements with educational institutions for the award of academic credit to enrollees for competencies developed under this Act. Authorizes program agencies to make arrangements with such institutions for academic study by enrollees during nonworking hours. Requires program agencies to provide certification of skills acquired by program participants and to provide job guidance and placement information as may be necessary. Directs the Secretary to report to the President and Congress by March 1 of each year on the activities carried out under this Act.
United States · United States Congress · 27 October 1981
Designates that section of the Baltimore-Washington Parkway within the State of Maryland as the Gladys Noon Spellman Parkway. Directs the Secretary of the Interior, in cooperation with the State of Maryland, to erect an appropriate marker commemorating the contributions of Gladys Noon Spellman. Authorizes appropriations.
United States · United States Congress · 26 October 1981
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to Queen Beatrix of the Netherlands in recognition of the bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.
United States · United States Congress · 20 October 1981
Bankruptcy Improvements Act of 1981 - Amends title 11 of the United States Code (Bankruptcy) to establish an eligibility test for liquidation bankruptcy relief based on the individual petitioner's ability to pay a reasonable portion of his debts out of future income. Permits the court to dismiss a bankruptcy case under chapter 7 (liquidation) upon the motion of any party in interest filed not later than 30 days after the meeting of creditors, and after notice and a hearing, if the debtor is ineligible for relief under such title. Requires the bankruptcy judge to preside at any meeting of creditors and to perform such additional judicial duties any may be required. Declares that the value of the creditor's interest in the estate's interest in such property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Requires the debtor in bankruptcy cases to file a statement of income and expenses. Requires the debtor, if the debtor's schedule of assets and liabilities includes consumer debts which are secured by property of the estate, to file and serve upon each creditor holding such security and the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Repeals the provisions concerning exempt property and makes the States responsible for establishing exemptions to bankruptcy proceedings. Makes any debt which was incurred on or within 90 days before the date of the filing of a petition under such title nondischargeable. Allows creditors to enforce liens which have not been voided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later, by giving a written notice of rescission to the creditor. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge. Eliminates the trustee's power to avoid liens or recover payments made within 90 days of filing petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified objects. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence at the time of the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of co-debtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where at least 70 percent of all allowed unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan.
United States · United States Congress · 19 October 1981
Social Security Rights Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of Health and Human Services to replace lost, stolen, or undelivered benefit checks within ten days after an individual submits a written request for a replacement check or give a written explanation of why the individual is not entitled to a replacement check. Requires that decisions on benefit claims or entitlement be made within specified time periods. Provides for payment to an individual of an amount equal to the monthly benefit claimed by such individual if any decision with respect to such individual's benefit claim or entitlement is not made within the time specified by this Act. Requires that payment of benefits on approved claims begin within a specified time period. Provides for payment to an individual of an amount equal to the monthly benefit approved if such individual does not receive a benefit check within the specified time period.
United States · United States Congress · 2 October 1981
Amends titiles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to require Federal agencies to give to the Secretary of Health and Human Services, upon request, the names and social security account numbers of disability or SSI benefit recipients who are inmates of penal institutions.
![Official portrait of Del. Sunia, Foto I. F. [D-AS-At Large]](https://www.congress.gov/img/member/beacf893b42f90d1b5dfcb1097bfc664_200.jpg)