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United States · Official source
2,329 records where Rep. Applegate, Douglas [D-OH-18] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 17 June 1982
Expresses the sense of the Congress that the International Olympic Committee should officially recognize Jim Thorpe's achievements in the 1912 Olympics. Declares that the Committee should be asked to present Thorpe's medals and awards during the 1984 Olympics.
United States · United States Congress · 9 June 1982
Limits the outside earned income of Senators to $18,000 per calendar year.
United States · United States Congress · 7 June 1982
Designates the Federal building in Lima, Ohio, as the Tennyson Guyer Federal Building.
United States · United States Congress · 2 June 1982
Military Widows and Surviving Children Benefits Restoration Act -- Directs the Secretary of the military department concerned to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before enactment of the Omnibus Budget Reconciliation Act of 1981 to certain children between the ages of 18 and 22 attending institutions of higher learning. Limits eligibility for such payments to children of veterans who died on active duty or from a service-connected disability. Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary of the military department concerned to make monthly payments to the surviving spouse of such a veteran in the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the Secretary to make a lump-sum payment to persons who would have been entitled to such payments one month before the effective date of this Act. Directs the Secretary concerned to notify each member of the armed forces that their dependents will be ineligible for such benefits should the member die after the applicable date, in no case later than August 13, 1983. Directs the Secretary of Health and Human Services to provide the Secretary concerned with information necessary to carry out this Act.
United States · United States Congress · 2 June 1982
Military Widows and Surviving Children Social Security Benefits Restoration Act - Requires the Secretary of Health and Human Services to make monthly payments to persons who: (1) would have been entitled to child's insurance benefits on the basis of student status under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act as in effect before the amendments made by the Omnibus Budget Reconciliation Act of 1981; and (2) are children of individuals who were members or former members of the Armed Forces before August 13, 1981, and who die while in active military service within a specified time period or who die from a service-connected disability incurred within a specified time period. Provides that such monthly payments shall be equal to the monthly child's insurance benefit to which such persons would have been entitled under title II of the Social Security Act. Requires the Secretary to make monthly payments to persons who: (1) are surviving spouses of individuals who were members or former members of the Armed Forces before August 13, 1981, and who die while in active military service during a specified time period or who die from a service-connected disability within a specified time period; and (2) are not entitled to mother's insurance benefits under title II of the Social Security Act because they are caring for such veterans' children who are between the ages of 16 and 18 and are entitled to child's insurance benefits. Provides that such monthly payments shall be equal to the monthly mother's insurance benefit which such persons would receive under title II of the Social Security Act if the children in their care were under 16 years old. Provides that payments under this Act shall be paid from the Federal Old-Age and Survivors Insurance Trust Fund.
United States · United States Congress · 27 May 1982
Fair Trade in Steel Act of 1982 - Declares that it is congressional policy to allow access to the U.S. market for foreign-produced steel on an equitable basis in order to safeguard the national security, insure orderly trade, and alleviate U.S. balance-of-payments problems. Title I: Steel Tripartite Advisory Council - Directs the President to establish within the Executive Office of the President a Steel Tripartite Advisory Council. Requires the Council to advise the President and Congress on problems within the basic steel industry and to provide advice and recommendations on related domestic and international issues. Requires other Federal agencies to provide the Council with economic information upon request. Directs the Council to report to the President on the condition of the steel industry. Title II: Quantitative Restrictions on Imports of Certain Steel Products - Limits to 5,000,000 tons the amount of articles in all steel product categories that may be imported between July 1, 1982, and January 1, 1983. Imposes a further limitation on such imports if unemployment in the domestic steel industry reaches between ten percent and 15 percent for three consecutive months. Prohibits any steel imports if unemployment in the domestic industry for three consecutive months is over 15 percent. Limits the amount of steel imports in each calendar year after 1982 to 10,000,000 tons. Imposes further limitations on imports depending upon the level of unemployment in the domestic industry. Imposes additional limitations on imports during any year after 1982 of articles in any one steel product category. Imposes a per country limitation on imports during such years of articles: (1) in all steel product categories; and (2) within any one steel product category. Directs the Secretary of Commerce to apportion shares of the U.S. market to foreign countries on the basis of information provided by the Secretary of the Treasury. Declares that it is the goal of this title to ensure that the imports of articles in all steel product categories be equalized on a monthly basis throughout each calendar year. Directs the Secretary of Commerce to impose additional limitations on the imports from a country whose exports to the United States exceed a specified limit. Authorizes the President to reduce such restrictions imposed under this title if the President makes a specified determination and the Congress, after notification by the President, does not adopt a concurrent resolution disapproving such reduction. Title III: Quantitative Restrictions on Iron Ore Imports - Limits the amount of iron ore that may be imported: (1) between July 1, 1982, and December 31, 1982, to 7,000,000 tons; (2) during 1983 to 14,000,000 tons; and (3) during 1984 to 14,000,000 tons, unless the Secretary finds that there has been an increase in employment in the domestic iron ore industry. Provides for a ten percent increase in imports in 1984 for each ten percent increase in employment. Authorizes the Secretary to waive the restrictions on imports of iron ore in order to insure continued operation of domestic steelmaking plants. Requires that such waiver be made on a plant-by-plant basis and only if the Secretary makes a specified determination.
United States · United States Congress · 27 May 1982
Designates the week beginning on November 21, 1982, as National Alzheimer's Disease Week.
United States · United States Congress · 26 May 1982
Amends the Longshoremen's and Harbor Workers' Compensation Act to direct the Secretary of Labor, upon application of the Chairman of the Benefits Review Board, to designate up to four administrative law judges in the Department of Labor to temporarily serve on the Board. Revises procedures for adjudicative actions by the Board.
United States · United States Congress · 13 May 1982
Requests the President to designate 1983 as Year of the Bible.
United States · United States Congress · 12 May 1982
Expresses the sense of the Congress that: (1) the President should direct the appropriate agencies to pursue vigorously and conclude promptly the countervailing duty and antidumping investigations being conducted under the Tariff Act of 1930 and the Trade Act of 1974 concerning foreign trade practices involving carbon steel mill products and specialty steel mill products; and (2) the Congress should consider legislation to strengthen U.S. trade laws if necessary.
United States · United States Congress · 11 May 1982
Grants a Federal charter to the National Association of State Directors of Veterans' Affairs, Incorporated.
United States · United States Congress · 11 May 1982
Authorizes the Administrator of Veterans' Affairs to provide that: (1) nurses employed at a Veterans Administration facility who work two regularly scheduled 12-hour tours of duty within a weekend shall be considered to have worked a full workweek and be paid as specified; or (2) such nurses who work on a tour of duty any part of which falls on a weekend may be paid additional pay (not to exceed 25 percent of the hourly rate). Extends from September 30, 1982, to September 30, 1983, the authority of the Administrator to contract for hospital care or medical services in Puerto Rico and the Virgin Islands without reference to patient loads or incidence of provision of medical services for veterans treated by the Veterans' Administration in the contiguous 48 States.
United States · United States Congress · 11 May 1982
Designates July 9, 1982, and April 9, 1983, as National P.O.W./M.I.A. Recognition Day.
United States · United States Congress · 6 May 1982
Requires that all activities carried out at a medical facility under the direct jurisdiction of the Administrator of Veterans' Affairs be performed by Federal employees, except as specified.
United States · United States Congress · 3 May 1982
Expresses the sense of the House of Representatives that: (1) a continued Federal commitment to the railroad retirement system is essential to assure the integrity of railroad retirees' benefits; and (2) the preservation of the present structure of the railroad retirement system, including the Railroad Retirement Board, is necessary to fullfill the responsibility of the Government.
United States · United States Congress · 29 April 1982
Expresses the sense of Congress that increased coal exports are important and that Congress should consider legislation to enhance the competitiveness of U.S. ports through which coal exports pass. Declares that such legislation should: (1) not provide for the imposition of user charges to recover Federal expenditures at such ports; (2) seek to expedite authorizations for port improvements; and (3) request the President to further define a national coal export policy and initiate bilateral conferences with coal trading parties.
United States · United States Congress · 28 April 1982
Clean Air Reauthorization and Acid Precipitation Study Act of 1982 - Amends the Clean Air Act ("the Act"). Title I: Implementation Plans and Enforcement - State Implementation Plans (SIPs) and the SIP Revision Process - Revises required State Implementation plans (SIPs) provisions. Directs a State to notify the Administrator of the Environmental Protection Agency (EPA) of proposed and adopted revisions to its SIP and of any comments or objections filed concerning such revisions. Directs the Administrator to: (1) submit to the State comments on the technical and legal sufficiency of any proposed revision; (2) publish notice of a revision in the Federal Register within 30 days of receipt of notice of State adoption of the revision; and (3) provide a period of 30 to 70 days for public comment. Provides that any SIP revision shall be deemed approved and become effective 90 days after publication in the Federal Register, unless the Administrator, upon considering the State's administrative proceeding record and public comments, disapproves on the basis of failure to satisfy specified requirements. Directs the Administrator to publish notice of such approval or disapproval. Permits the Administrator to: (1) extend the periods for public comment and for approval, by up to 60 days; and (2) hold public hearings on SIP revisions. Provides that an SIP approval shall not be effective unless the Administrator finds, and publishes, that the State's response to any objection filed both during the State's proceedings and the Administrator's public comment period was not arbitrary or capricious. Repeals the requirement that SIPs provide for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards. Prohibits the Administrator from requiring, as a condition of SIP approval, any indirect source review program or, except as specified in provisions for nonattainment areas, any program of periodic inspection and testing of motor vehicles. Permits States to include, and the Administrator to approve, such programs in SIPs. New Source Performance Standards - Limits the applicability of the percentage reduction requirement for new fossil fuel fired stationary sources to those categories of stationary sources to which such requirement were applied under regulations in effect as of December 31, 1981. Provides that NSPS apply only to stationary source construction or modification commenced after NSPS regulations are promulgated (currently, proposed). Enforcement - Provides a one-year period for compliance after issuance of specified Federal enforcement orders (not including Federal orders relating to violations of national emission standards for hazardous air pollutants or State enforcement orders). Repeals a requirement that the Administrator seek an injunction or assess a civil penalty in the case of any major stationary source not in compliance within 30 days of such a Federal enforcement order. Provides discretionary authority for the Administrator to seek injunctions or asses penalties in any cases of noncompliance which last beyond 30 days enforcement orders are issued (continues such discretionary authority in cases not involving major stationary sources). Directs the Administrator to carry out specified enforcement authorities through the use of full-time Federal officers or employees. States that contractors should be used only as necessary to provide technical support for such enforcement. Prohibits the Administrator from contracting with anyone other than a full-time Federal officer or employee to provide legal assistance for such enforcement. Revises enforcement provisions relating to major stationary sources which burn petroleum products or natural gas to cover such sources which voluntarily convert to an alternate fuel. Includes other alternate fuels under the enforcement provisions which currently cover conversion to coal by such sources. Requires (currently allows) each State to develop and submit to the Administrator a plan for carrying out noncompliance penalty provisions in such State. Repeals the authority of the Administrator to carry out noncompliance penalty provisions in a State under certain conditions. Authorizes (currently requires) the State, or the Administrator if the State has not received a delegation, to carry out penalty provisions to assess and collect a noncompliance penalty in specified circumstances. Authorizes the State to grant exemptions from penalties in cases of minor noncompliance (and continues the authority of the Administrator, when appropriate, to do so). Repeals a requirement tnat the Administrator send notices of noncompliance to specified persons, in the event the State fails to send such notices. Requires persons receiving such notices to submit a calculation of the amount of penalty owed and a schedule of payments within a reasonable period prescribed by the Administrator or the State (currently requires such submission within 45 days of notice issuance or petition denial). Makes a similar change in the deadline for submissions of petitions challenging such notice or alleging entitlement to an exemption. Provides that public hearings on such petitions be conducted by the Administrator or the State, as appropriate, and that decisions on such petitions be made within a reasonable time (currently requires the Administrator to hold such hearings unless the State agrees to do so and currently requires a decision within 90 days after receipt of the petition). Repeals provisions authorizing the Administrator to review State decisions on such petitions and requiring such review under certain conditions. Authorizes the State or the Administrator, as appropriate, to adjust or compromise any penalty assessment if the source is in compliance. Repeals provisions for: (1) final adjustments of penalties after compliance; and (2) Administrator objections to, and substitutions for, State noncompliance penalties. Revises requirements for noncompliance penalty assessed amount determinations and payment schedules. Authorizes the Administrator, after notice and public hearing, to revoke or suspend any delegation under noncompliance penalty provisions upon determination that a State is not complying with such provisions. Attainment Date Extensions - Permits States to receive up to five-year extensions beyond the December 31, 1982, national primary ambient air quality standard ("primary NAAQS") attainment date for pollutants in nonattainment areas (currently the Act permits such extensions for carbon monoxide and photochemical oxidants). Requires, in order to receive such extensions, that a State: (1) certify to the Administrator that attainment is not possible before December 31, 1982, despite implementation of all reasonably available measures; and (2) commit itself to not modifying State nonattainment plan provisions so as to adversely affect reasonable further progress. Directs the Administrator to publish notice of such certification and afford an opportunity of not more than 60 days for public comment, including a hearing where appropriate. Directs the Administrator, if satisfied that such attainment is not possible, to extend the deadline to a date providing for attainment as expeditiously as possible, but not later than December 31, 1987. Grants the Administrator discretionary authority, upon State application and after notice and public hearing, to provide an additional extension of an attainment date for any NAAQS, for up to six years beyond the December 31, 1987 extension. Conditions such additional extensions on a State demonstration that: (1) the State has made good faith efforts to make reasonable further progress toward attainment during the previous extension period and has achieved annual incremental reductions in emissions of the air pollutant concerned; (2) all applicable SIP provisions, including those relating to legislative and funding actions and reasonably available control technology (or alternative measures that achieve equal or greater reductions in emissions) are being adequately implemented; (3) air quality problems are so severe and persistent, for identified reasons, that the previous extended deadline cannot be attained; and (4) in the case of requests for additional extensions for carbon monoxide or photochemical oxidants, the State has adopted and will implement in a cost-effective manner a program of motor vehicle inspection and maintenance not inconsistent with the purposes and requirements of title II (Emissions Standards for Moving Sources) of the Act. Directs the Administrator to promulgate guidelines for SIP revisions, including guidelines respecting the terms of such additional extensions. Authorizes the Administrator to prohibit issuance of a construction or modification permit for any major stationary source which emits a pollutant for which a NAAQS has not been attained by the appropriate deadline. Permits case-by-case waivers of such prohibition for the construction of any new stationary source to replace an existing stationary source, upon determination by the permitting authority that emissions from the new source of each air pollutant for which the area is designated a nonattainment area will be less than such emissions from the existing source. Directs the Administrator to: (1) enforce such permit requirements by issuing an order or bringing a civil action; and (2) seek an injunction or assess a civil penalty for violations of such prohibitions against construction or modification. Nonattainment (other amendments) - Revises other part D provisions for permit requirements in nonattainment areas to require that proposed new or modified major stationary sources comply with the best available control technology (BACT) standard, in the case of permits issued on or after the enactment date of this Act (compliance with the lowest achievable emission rate (LAER) standard is thus required only for permits issued before such date). Repeals a requirement that SIP provisions for nonattainment areas establish a specific schedule for implementation of a vehicle emission control inspection and maintenance (I/M) program in order to qualify for a deadline extension in meeting the primary NAAQS for photochemical oxidants or carbon monoxide. Requires that SIP nonattainment provisions for urban areas with greater than 500,000 population, in which the 1981 photochemical oxidants and/or carbon monoxide level exceeded the respective primary NAAQS by 50 percent or more, must contain a cost-effective program applicable to in-use motor vehicle emissions and not inconsistent with title II (Emission Standards for Moving Sources) of the Act. Requires that such program include an I/M program, if the State deems this appropriate. Allows a State to decide that the I/M program will apply first to motor vehicle fleets and commercial operators and then, when the State determines it is necessary for attainment, to other vehicles. Permits any State to: (1) continue an I/M program for any nonattainment area which does not fall under the new requirements concerning urban areas with the above-mentioned population and pollution areas; or (2) submit revisions to modify or eliminate such program. Makes specified emissions level requirements for construction and operation in nonattainment areas inapplicable in the case of any SIP under which: (1) the construction or modification of specified stationary sources is required to comply with the best available control technology (BACT) standard; (2) an adequate emissions inventory is maintained; (3) all existing major stationary sources will be in compliance with emission limitations based upon reasonably available control technology (RACT) not later than 1987 (or earlier, as appropriate); (4) nonwithstanding the construction of new major stationary sources, there is a program for obtaining such annual reductions in emissions as represent reasonable further progress; and (5) annual increased emissions resulting from source construction or modification shall not exceed one percent of the inventoried emissions of the applicable pollutant in the nonattainment area. Provides that the Administrator shall apply on a gradual or partial basis the authority to withhold Federal grant funds for sewage treatment and highways in cases of noncompliance with the Act as appropriate to the severity of such violations. Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter - regulations for other pollutants are not yet final - in areas with cleaner air than that required by NAAQS. (Currently the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas.) Repeals the "increment" limitations (specified "maximum allowable increases over baseline concentrations") for class II and class III areas. Eliminates the short-term increment limitations for class I areas. Permits States' Governors to rule that concentrations of particulate matter attributable to fugitive dust from specified sources shall not be taken into account in determining compliance with maximum allowable increases in ambient concentrations. Eliminates provisions for PSD area redesignations as class III areas. Provides that PSD preconstruction requirements shall only apply to physical or operational changes resulting in a significant net increase in source emissions of any air pollutant regulated under provisions for NAAQS, NSPS, or NESHAPs. Sets a de minimis amount for such increase at 100 tons per year (1,000 tons per year of carbon monoxide) for any air pollutant for which a NAAQS is established (except lead) and 18 tons per year for fluorides. Revises PSD preconstruction review analysis requirements to grant discretion to the permitting authority in determining whether continuous air quality monitoring data is necessary to determine whether emissions from a facility will exceed maximum allowable increases (class I area increments) or maximum allowable concentrations (primary and secondary NAAQS). Requires PSD preconstruction permit programs to: (1) notify applicants within two months after receipts as to whether or not the application is complete and in what respects an incomplete application should be modified; and (2) issue or deny the permit within seven months after a completed applications is received. Authorizes any officer or employee of a permitting agency to communicate and meet with any applicant, prior to submission of an application, to clarify PSD preconstruction permit requirements. Eliminates the requirement that PSD regulations for hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides contain measures at least as effective as the "increment" limitations for sulfur oxides and particulate matter. Provides that the Administrator shall promulgate PSD regulations, as appropriate, for any such pollutant (thus repealing a specific deadline for such regulations). Deletes the requirement that the specific measures included in such regulations to evaluate permit applications be "numerical." Eliminates the special definition of "best available control technology" (BACT) for purposes of PSD provisions. Defines BACT for purposes of the Act to mean the applicable New Source Performance Standards (NSPS) (the EPA-set technology-based standards for categories of industries), along with applicable national emission limitation standards for hazardous air pollutants (NESHAPs). Retains determination of the BACT by the permitting authority on a case-by-case basis where no NSPS exists for a stationary source in a particular category. Allows State and local governments to adopt or enforce standards or limitations more stringent than the BACT standard. Visibility Protection - Limits the applicability of specified visibility protection provisions to: (1) "significant" impairments of visibility within mandatory class I Federal areas; and (2) "significant" adverse impacts on air quality related values (including visibility) on lands within class I areas. Operation and Maintenance - Requires that SIPs include a program for periodic audits of major stationary sources to insure the proper operation and maintenance of pollution control equipment used to comply with emission limitations. Requires that the results of such audits be available to the public. Sets a deadline, six months after enactment of this Act, for submission of SIP revisions taking account of such requirements. Emergency Variances - Revises provisions for emergency variances from any SIP requirement applicable to a stationary source. Authorizes the President to issue such variances. Permits such variances to be issued when foreign imports of fuels used by a stationary source have reached an excessive level and such imports can be reduced by the emergency suspension. Increases the maximum period for such temporary emergency suspensions to two years (currently four months), but prohibits any such suspension remaining in effect for more than four months if it results in a violation of any NAAQS. Requires the person (a State Governor or the President) issuing any suspension for a period of more than four months to revoke such suspension upon determination that the stationary source did not change to an alternative fuel. Administrative Review - Revises provisions relating to international air pollution. Directs the Administrator to: (1) publish notice in the Federal Register upon receipt of specified information or allegations about such pollution originating in the United States; (2) receive public comments and conduct an investigation including public hearings respecting such pollution; and (3) make a finding as to whether any air pollutant emitted in the United States causes or contributes to air pollution in a foreign country. Provides that any finding that U.S. emissions cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country shall be deemed to be a finding which requires an SIP revision. Regulatory Stability - Sets forth regulatory stability provisions establishing a ten-year "grandfather" period, commencing with construction or modification, during which a stationary source (unless subsequently modified) shall not be subject to more stringent requirements if the construction or modification is subject to NSPS, obtains a permit or approval, and meets all permit or approval requirements. Excludes from such "grandfather" provision any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous pollutants designated under NESHAP provisions; (2) pollutants with no NAAQS in effect at commencement of the construction; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Effective Data and Transitional Rules - Sets forth an effective date and transitional rules for the amendments relating to Nonattainment provisions and to PSD provisions. Title II: Ozone Protection - Revises ozone protection provisions of the Act. Directs the Administrator of the Environmental Protection Agency to continue ozone protection studies and research while increasing actual measurements of stratosphere ozone and improving methods of monitoring potential trends in such measurements. Directs the Administrator to contract annually with the National Academy of Sciences to: (1) continue review and research; (2) determine the extent, nature, and causes of changes in stratospheric ozone concentration (with particular attention to the effects of chlorofluorocarbons); (3) investigate unreasonable effects on health and the environment; and (4) report all findings and associated uncertainties. Directs the National Academy of Sciences, in consultation with the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, to report, within two years and annually thereafter until such time as the theory of ozone depletion by chlorofluorocarbons has been validated, all findings concerning actual or potential alteration of the concentration of ozone in the stratosphere, its causes, and associated implications and uncertainties. Requires that such report be made to the Administrator and to the Congress, with copies available to the public. Requires that continuing research and monitoring programs be expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone concentration changes. Directs the President, within two years from the date of enactment of this Act and annually thereafter, to report to the Congress and the public on efforts to reach international agreements among the major free-world producing countries of chlorofluorocarbons as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Prohibits the Administrator from proposing further regulations for the control in the United States of any chlorofluorocarbon under the Act or the Toxic Substance Control Act until: (1) the Administrator determines that depletion of the stratospheric ozone by chlorofluorocarbons at a rate determined to be eventually harmful to human health and the environment is actually detected; or (2) until the President reports that international agreement has been reached as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Provides that this Act shall not affect: (1) the validity of regulations concerning aerosol propellants containing chlorofluorocarbons promulgated by the Administrator before the effective date of this Act; or (2) the Administrator's obligation to comply with other applicable requirements in adopting regulations for the control of chlorofluorocarbons. Prohibits States or local governments from adopting or attempting to enforce any regulation (except ones controlling halocarbon use as an aerosol propellant) respecting the control of chlorofluorocarbons to protect the stratosphere or stratospheric ozone until the Administrator has promulgated regulations for such control in the United States. Title III: Authorization of Appropriations - Authorizes appropriations to the Administrator for FY 1983 through FY 1987. Provides for sums necessary for: (1) the Administrator and the States to effectively carry out the Act's provisions, including training of State and local personnel, enforcement, abatement, and control, consideration of SIPs and revisions, and audits; and (2) sufficient funding for personnel for the Administrator to carry out the Act, particularly its regulatory functions, without undue reliance on contractors. Requires that such authorization not be less than the appropriations authorized in fiscal year 1981 to carry out the Act (except provisions relating to the National Commission of Air Quality). Prohibits the Administrator from using any funds appropriated under the Act for any payment for a reduction-in-force in any fiscal year. Directs the Administrator to inform the appropriate committees of the Congress of the reasons for such reduction, its impact on carrying out the Act, and other detailed or pertinent information, at least 30 days prior to issuing any general notice of such reduction. Declares that nothing in this title shall authorize appropriations for any research and development activities under the Act. Title IV: Acid Precipitation Study - Amends the Energy Security Act (title VII provisions also known as the "Acid Precipitation Act of 1980") to reduce the period covered by a comprehensive research plan from ten years to five years. Makes conforming amendments relating to implementation of, and authorization of appropriations for, the comprehensive research plan. Directs the Acid Precipitation Task Force to submit a final report, with detailed recommendations, within five years of enactment of the Energy Security Act. Authorizes the Administrator of the Environmental Protection Agency to submit recommendations, to accompany the final report of the Task Force, for specific changes in law supported by scientific findings of the Task Force. Prohibits the Administrator from proposing or promulgating any rule to control sulfur dioxide or nitrogen oxide emissions if such rule would expand the Administrator's existing regulatory authority, before the final report is transmitted. Directs the Task Force to: (1) study fuel precombustion treatment and low-polluting combustion processes for reduction of sulfur dioxide and nitrogen oxide emissions; and (2) solicit information from State agencies conducting acid deposition research.
United States · United States Congress · 28 April 1982
Declares that the Department of Defense shall not purchase any articles manufactured outside the United States unless such articles cannot be procured within the confines of the United States.
United States · United States Congress · 21 April 1982
Amplitude Modulated Broadcast Station Experiment Act of 1982 - Directs the Federal Communications Commission to: (1) conduct an experiment to test the feasibility of establishing extended broadcasting hours for amplitude modulated broadcast radio stations having only daytime operating licenses; and (2) report the results of the experiment to Congress.
United States · United States Congress · 6 April 1982
Title I: National Development Investment - National Development Investment Act - Amends the Public Works and Economic Development Act of 1965 to cite such Act as the National Development Investment Act and to revise the emphasis of such Act from primary Federal initiative to coordination of investments between the public and the private sectors. Sets forth the findings of Congress. Authorizes the Secretary of Commerce, upon the application of an eligible State, economic development district, distressed local government (with a population under 50,000 and located outside an economic development district) Indian tribe, or nonprofit economic development organization. to make a grant for a portion of the cost of projects submitted in a development investment strategy. Sets forth eligible activities for such development investment assistance, including repairs, rehabilitation, and small business establishment. Sets forth specific eligibility criteria for applicants for such assistance. Requires an application for a grant under this Act to include: (1) a certification that the area concerned meets certain distress requirements; (2) a certification of any responsibilities which the Secretary has agreed to perform; and (3) a development investment strategy prepared in accordance with this Act. Requires the Secretary to consider specified purposes of this Act in approving applications. Lists as criteria any one of which an area must meet in order to be eligible for a grant under this Act: (1) a per capita income of 80 percent or less of the national average; (2) an employment growth rate below the national average; (3) a population loss over the most recent five-year period; (4) an unemployment rate above the national average for the most recent 24 month period; and (5) a sudden economic dislocation resulting in job loss. Sets forth the information to be contained in a grant applicant's development investment strategy. Authorizes the Secretary to make grants to establish a revolving loan fund for making or guaranteeing loans to small businesses for initial or working capital, or the purchase of facilities or equipment. Limits to $1,000,000 the amount of any such grant. Limits the amount of any grant under this Act to a maximum 50 percent of the cost of completing the project as determined at the time of the grant application. Permits the Secretary to reduce or waive the non-Federal share of a project in the case of an Indian tribe. Limits expenditures in any one State to a maximum 15 percent of the appropriations made pursuant to this Act. Requires the Secretary, each fiscal year, to obligate minimum amounts of funds for such grants. Authorizes the Secretary to make economic development planning grants to States, economic development districts, Indian tribes, distressed counties, and distressed units of local governments with a population over 50,000 (if located outside an econmic development district). Earmarks such grants for coordination of investment for community facilities, economic development, manpower training, and transportation services. Authorizes the Secretary to evaluate Federal, State, and local development investment efforts. Authorizes the Secretary to conduct any demonstration program to test the feasibility of new ways to increase productivity, foster innovative technology, match labor force with labor markets, or encourage economic diversity and regional balance. Limits the amount of any such grant to not more than 75 percent of the cost of economic development planning or of investment strategy preparation. Declares that the Secretary of Commerce shall administer this Act with the assistance of a specified Assistant Secretary of Commerce. Authorizes the Secretary to consult with other persons and agencies. Prohibits the approval of any grant unless the Secretary is satisfied that the project concerned will be properly and efficiently administered, operated, and maintained. Sets forth the powers of the Secretary under this Act. Permits the Secretary to discharge any of his responsibilities relative to a project by accepting a certification of the grant applicant's performance of such responsibilities. Requires the Secretary to make comprehensive annual reports to Congress detailing operations under this Act. Requires all laborers and mechanics employed by contractors or subcontractors on projects assisted under this Act to be paid the prevailing rate of wage. Authorizes appropriations through FY 1985. Title II: Appalachian Regional Development - Appalachian Regional Development Act Amendments of 1982 - Amends the Appalachian Regional Development Act of 1965 to declare that investments under such Act shall also be made in severely distressed and underdeveloped counties lacking resources for basic services. Authorizes appropriations through FY 1987 for the administrative expenses of the Appalachian Regional Commission. Authorizes the Commission to lease office space through FY 1987. Authorizes appropriations through FY 1990 for the Appalachian development highway system. Increases from 70 to 80 percent the subsequent Federal share of an Appalachian development highway segment when a participating State proceeds to construct a segment of such a highway without the aid of Federal funds. Applies such increase to projects approved after March 31, 1979. Authorizes the Commission to make grants to States and public and nonprofit entities for projects which will: (1) assist in the creation or retention of permanent private sector jobs, the upgrading of the region's manpower, or the attraction of private investment; (2) provide special assistance to severely distressed and underdeveloped counties which lack financial resources for improving basic services; (3) assist in achieving the goal of making primary health care accessible in the region; or (4) otherwise serve the purposes of this Act. Prohibits the authorization of any financial assistance to enable plant subcontractors to undertake work previously performed in another area by other subcontractors or contractors. Prohibits grants with funds authorized after October 1, 1982, from exceeding 50 percent of the costs of any approved project. Permits such grants to increase the Federal contribution to any project to such percentage as the Commission determines within specified limitations. Authorizes appropriations through FY 1987. Extends the termination date of such Act from 1982 to October 1, 1987.
United States · United States Congress · 6 April 1982
Expresses the sense of the Congress that if provisions of title II (Old Age, Survivors and Disability Insurance) of the Social Security Act requiring reduced benefits for spouses receiving government pensions are found to be unconstitutional, any change to such Act should not require beneficiaries to pay back benefits already received and should not eliminate benefits for existing beneficiaries.
United States · United States Congress · 31 March 1982
Enterprise Zone Tax Act of 1982 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones by the Secretary of Housing and Urban Development for purposes of extending the tax incentives and regulatory flexibility measures provided by this Act. Specifies that State and local governments shall nominate areas for such designation. Limits the designation of enterprise zones to 25 nominated areas per year. Limits the period during which such designation shall remain in effect. Specifies that the Secretary may designate such zones only if: (1) the area is within the jurisdiction of the local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area (with a population of at least 50,000) or 2,500 otherwise, or is within an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on December 31, 1985. 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 - Credits for Employers and Employees - Amends the Internal Revenue Code to allow employers a nonrefundable income tax credit for ten percent of the increase in payroll for all employees, taking into account a maximum of $15,000 in wages per employee. Allows such credit only for wages paid to employees who perform 90 percent of their services in work directly related to the conduct of the taxpayers' business located in the enterprise zone and who perform 50 percent of their services within such zone. Phases out such credit in the last three years of the enterprise zone designation. Allows a nonrefundable income tax credit for employers equal to 50 percent of the wages paid to certain disadvantaged workers for the first three years of the enterprise zone designation. Phases out such credit by ten percent a year beginning in the fourth year after such designation. Requires a recapture of such credit for the early termination of such employees. Disallows a deduction for the portion of wages or salaries subject to such credit. Requires employers to furnish to each employee a written statement showing the amount of wages paid to such employee. Provides an income tax credit for enterprise zone employees equal to five percent of the first $9,000 of wages received each year. Phases out such credit in the last four years of the enterprise zone designation. Subtitle B: Credits for Investment in Tangible Property in Enterprise Zones - Allows businesses an additional investment tax credit for certain tangible property located in enterprise zones. Limits such credit to five percent for zone personal property and ten percent for new zone construction property, including rental property. Requires that the property subject to such credit be predominantly used in the zone, be purchased after zone designation, and not be acquired from relatives or related corporations. Requires the recapture of such credit upon early disposition of the property. Subtitle C: Reduction in Capital 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. Expresses the sense of Congress that if the minimum tax is modified, enterprise zone capital gain will be excluded in computing minimum taxable income. Subtitle D: Extension of Carryover Periods - Extends the net operating loss and investment tax credit carryover period to the longer of 15 years or the duration of the enterprise zone designation for businesses operating in such zones. Subtitle E: Rules Relating to Industrial Development Bonds - Provides that rules relating to small issue tax-exempt industrial development bonds now in effect shall apply to bonds used to finance land or other depreciable property located in an enterprise zone, even if such rules are subsequently changed. Subtitle F: Sense of the Congress With Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this Act. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions, to include qualified businesses (as defined in Title II of this Act), designating governments, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by designating governments, 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 the waiver or modification of a rule that would directly violate a statutory requirement (including the Davis-Bacon Act and the 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 Zone Board to consider on a priority basis and expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to and expedite applications for the establishment of 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 · 25 March 1982
Expresses the sense of the House of Representatives that changes to the Railroad Retirement Act of 1974 proposed in the FY 1983 budget should not be implemented.
United States · United States Congress · 18 March 1982
Requests the President to designate August 14, 1982, as National Navajo Code Talkers Day.
United States · United States Congress · 16 March 1982
Expresses the sense of the House of Representatives that changes to the Railroad Retirement Act of 1974 proposed in the FY 1983 budget should not be implemented.
United States · United States Congress · 11 March 1982
Directs the President to designate April 12, 1982, as American Salute to Cabanataun Prisoner of War Memorial Day.
United States · United States Congress · 9 March 1982
Designates April 9 of each year as National P.O.W./M.I.A. Recognition Day.
United States · United States Congress · 3 March 1982
Repeals the joint resolution approving the President's recommendation for a waiver of law pursuant to the Alaska Natural Gas Transportation Act of 1976.
United States · United States Congress · 3 March 1982
Directs the Secretary of the Army, through the Chief of Engineers, to rehabilitate the Gallipolis Dam, Ohio and West Virginia, and to replace certain locks on the Ohio River. Directs the Chief of Engineers to mitigate fish and wildlife habitat losses resulting from such construction by purchasing, at Federal expense, specified land. Authorizes the Secretary to transfer such land to the State of West Virginia for operation and maintenance. Requires the Chief of Engineers to submit a final environmental impact statement to Congress prior to initiating such construction. Provides for veto of such impact statement by concurrent resolution of Congress within 60 days. Exempts such impact statement and actions to carry out such project from judicial review except as specified. Sets forth procedures for such expedited judicial review. Declares that no action shall be brought in any U.S. court to enjoin construction authorized by this Act unless the petitioner furnishes a reasonable and proper bond. Authorizes appropriations. Authorizes the Chief of Engineers, pending appropriation of such sums, to allot, from existing Army Department civil works appropriations, such sums as are necessary for immediate prosecution of the improvements ordered herein.
United States · United States Congress · 2 March 1982
Amends the Arms Export Control Act to prohibit the Government, without express congressional approval, from: (1) entering agreements for the coproduction or licensed production outside the United States of defense articles of U. S. origin; (2) approving commercial technical assistance or manufacturing licensing agreements involving the manufacture outside the United States of such articles; and (3) selling, licensing, or otherwise approving for export any technical data for use under any other agreement in the manufacture outside the United States of such articles. States that this Act does not apply during a war declared by Congress. Makes this Act applicable to certain agreements executed on or after January 1, 1982.
United States · United States Congress · 2 March 1982
Motor Vehicle Import Limitation Act of 1982 - Limits the number of automobiles that may be imported during any calendar year after 1982 to ten percent of the domestic consumption during the immediately preceding calendar year. Directs the Secretary of Commerce to determine and to certify to the Secretary of the Treasury the number of automobiles that may be imported. Directs the Secretary of the Treasury to ensure adherence to the limitation. Directs the Secretary of Commerce to allocate the number of permitted automobile imports among the supplying countries. Directs the Secretary of Commerce to certify such allocation to the Secretary of the Treasury. Permits a foreign manufacturer that builds automobiles in the United States to import without including in its allocation a number of automobiles equal to the number built in the United States. Exempts from the import limitation the automobiles imported from Canada pursuant to the agreement concerning automotive products between Canada and the United States. States that Canada shall not be deemed a supplying country. Permits limitations under this Act to be applied on a calendar quarter or other intra-annual basis.
United States · United States Congress · 2 March 1982
Makes a supplemental appropriation for the Department of Health and Human Services for FY 1982 for work incentives.
United States · United States Congress · 2 March 1982
Expresses the sense of the Congress that funding for community service employment programs for senior citizens under title V of the Older Americans Act of 1965 for FY 1983 and subsequent fiscal years should be provided at levels sufficient to maintain or increase the number of employment positions provided under such programs.
United States · United States Congress · 25 February 1982
Amends the Omnibus Budget Reconciliation Act of 1981 to extend by five months (until September 30, 1982) the period within which an individual must have become a full-time student at a postsecondary educational institution in order 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. Extends by one year (through August 1986) the period during which such benefits may be paid to an individual so qualified.
United States · United States Congress · 24 February 1982
Increases the monthly rate of dependency and indemnity compensation payable to the surviving spouse of a veteran who died from a service-connected or compensable disability by the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the Administrator to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before the Omnibus Budget Reconciliation Act of 1981 to children of such deceased veterans between the ages of 18 and 22 attending institutions of higher learning.
United States · United States Congress · 24 February 1982
Requests the President to designate May 20, 1982, as Amelia Earhart Day.
United States · United States Congress · 24 February 1982
Expresses the sense of the House of Representatives that the Federal Energy Regulatory Commission should take no action to accelerate the decontrol of wellhead natural gas prices.
United States · United States Congress · 10 February 1982
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to direct the Secretary of the Treasury to implement procedures for identifying social security benefit checks issued under title II which have not been negotiated within 12 months and to credit the appropriate social security trust fund on a monthly basis for the amount of all unnegotiated benefit checks drawn on such trust fund. Requires the Secretary to pay a benefit check presented for payment after it has been credited to one of the trust funds if it is otherwise proper. Authorizes appropriations to reimburse the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for the total amount of unnegotiated benefit checks.
United States · United States Congress · 28 January 1982
Expresses the opposition of Congress to the imposition of any withholding of tax requirements on interest-bearing bank accounts and on the receipts from dividends.
United States · United States Congress · 27 January 1982
Makes a supplemental appropriation for the Department of Labor for FY 1982 for grants to States for unemployment insurance and employment services.
United States · United States Congress · 25 January 1982
Rescinds any legislation enacted after December 31, 1980, granting Members of Congress an income tax deduction for living expenses.
United States · United States Congress · 16 December 1981
Clean Air Amendments of 1981 - Amends the Clean Air Act ("the Act") to revise provisions applicable to stationary and mobile sources of air pollution. Declares that such revision is for the purposes of: (1) preserving the basic framework and purposes of the Act; (2) continuing unchanged the Act's statutory requirements for setting and revising national ambient air quality standards (NAAQS) (both "primary" NAAQS, relating to human health; and "secondary" NAAQS, relating to other "welfare" factors); (3) lessening the complexity in the process of achieving those standards and other requirements of the Act; (4) expediting the review and approval process for State implementation plans (SIPs); (5) providing reasonably appropriate extensions of time for States to attain NAAQS and providing administrative flexibility for States and the Administrator of the Environmental Protection Agency (EPA) to achieve the purposes of the Act in a timely and reasonably effective way; (6) ensuring adequate consideration of economic, energy, safety, environmental, employment, and other relevant factors in achieving NAAQS and other requirements; (7) supporting training programs for State and local governments; and (8) providing sufficient budget authority and personnel for the Administrator to enable the EPA and the States to carry out the Act in a timely and efficient manner without undue reliance on contractors. Title I: Amendments Relating Primarily to Regulation of Stationary Sources - Revises title I (Air Pollution Prevention and Control) of the Act. Use of Best Available Data - Requires that the best available data obtained by monitoring or modeling be used in revisions of a list of air quality control regions that do not meet specified standards. Provides that, where available, "reliable monitoring data" shall be considered "the best available data." Directs the Administrator to decide upon "the best available data" and "reliable monitoring data." State Plans and State Implementation Plans Revision Process - Revises deadlines for development of State implementation plans (SIPs) to extend the current nine-month period to "a reasonable time as determined by the Administrator (but not to exceed two years)." Directs the Administrator to participate in public hearings conducted by a State, where appropriate to expedite the approval of any SIP revision. Authorizes the Administrator, with the consent of the State, to jointly conduct such hearings. Sets forth new provisions for a State Implementation Plan Revision Process. Directs the Administrator to publish prompt notice of any State submission of any SIP revision. Provides for a written comment period of 30 to 70 days. Permits the Administrator to approve or disapprove the SIP revision, without additional proceedings, where the revision was submitted after State administrative proceedings certified by the State to be at least comparable to specified Federal rulemaking proceedings (including reasonable notice and public hearing) and after the written comment period. Authorizes the Administrator to conduct additional proceedings within a specified period. Directs the Administrator to approve or disapprove the SIP revision 70 to 120 days after submission. Allows the Administrator to: (1) extend for up to 60 days the periods for submission of written comments and for final approval or disapproval; and/or (2) conduct additional proceedings. Requires published notice of and reasons for such extension. Requires published notice of approval or disapproval before the expiration of the 120-day period or the extended period. Deems any SIP revision that has not been approved or disapproved before the expiration of the required (or extended) period to have been approved. Directs the Administrator to publish notice and a copy of the revision, at the expiration of such period (or extension). Provides that specified "noncontroversial revisions" of SIPs shall be deemed approved upon adoption by a State. Requires a State, upon adoption of a noncontroversial SIP revision and expiration of a 30-day written comment period, to transmit notice, to the Administrator and the Federal Register, to be published as if it were a revision promulgated by the Administrator. Defines a "noncontroversial revision" as one: (1) for which no person has filed a written objection based on any provision of the Act or any regulation in effect under the Act; and (2) which is adopted by the State pursuant to Administrator-approved procedures (including reasonable notice and opportunity for participation by the public and the Administrator). Prohibits treating as a noncontroversial revision any change in a stationary source emission limitation, compliance schedule or timetable, or permit provision, until the Administrator has promulgated certain regulations requiring that such changes be limited to a stationary source already in operation and do not permit emissions increases in excess of an amount deemed by rule to be significant. Directs the Administrator to take specified factors into account in promulgating such regulations. Applies the term "noncontroversial revision" also to any revision relating only to specified information requirements. Permits State variances that are SIP revisions issued on a six-month emergency basis to be treated as approved revisions under a process similiar to that for noncontroversial revisions. Directs the Administrator to conduct periodic audits of SIPs and other State activities under the Act. Directs the Inspector General to periodically review, and report to Congress on, the Administrator's audit activities. Directs the Administrator to notify a State of information derived from such audits. Authorizes the Administrator, in addition to requiring appropriate State revision or invoking Federal revisions, to suspend the application of the new SIP revision process where a State fails to correct any deficiency or problem within an appropriate period. Requires that audit reports be available to the State and the public. Allows the Administrator to grant an extension of up to four years (currently a two-year extension) for SIP compliance with NAAQS. Specifies that the Administrator may delegate approvals or disapprovals of SIPs or SIP revisions. New Source Performance Standards - Revises provisions for New Source Performance Standards (NSPS) to limit the application of percentage reduction requirements (under which coal-burning facilities must remove a certain percentage of sulfur emissions) to those categories of stationary sources to which such requirements apply under regulations in effect on December 31, 1981. Enforcement - Provides a one-year period for compliance after issuance of specified Federal enforcement orders (not including Federal orders relating to violations of national emission standards for hazardous air pollutants or State enforcement orders). Repeals a requirement that the Administrator seek an injunction or assess a civil penalty in the case of any major stationary source not in compliance within 30 days of such a Federal enforcement order. Provides discretionary authority for the Administrator to seek injunctions or assess penalties in such cases or in any other cases of noncompliance beyond 30 days of such orders (and continues such discretionary authority in cases not involving major stationary sources). Directs the Administrator to carry out specified enforcement authorities through the use of full-time Federal officers or employees. States that contractors should be used only as necessary to provide technical support for such enforcement. Prohibits the Administrator from contracting with anyone other than a full-time Federal officer or employee to provide legal assistance for such enforcement. Requires (currently allows) each State to develop and submit to the Administrator a plan for carrying out noncompliance penalty provisions in such State. Repeals the authority of the Administrator to carry out noncompliance penalty provisions in a State under certain conditions. Authorizes (currently requires) the State, or the Administrator if the State has not received a delegation, to carry out penalty provisions to assess and collect a noncompliance penalty in specified circumstances. Authorizes the State to grant exemptions from penalties in cases of minor noncompliance (and continues the authority of the Administrator, when appropriate, to do so). Repeals a requirement that the Administrator send notices of noncompliance to specified persons, in the event the State fails to send such notices. Requires persons receiving such notices to submit a calculation of the amount of penalty owed and a schedule of payments within a reasonable period prescribed by the Administrator or the State (currently requires such submission within 45 days of notice issuance or petition denial). Makes a similar change in the deadline for submissions of petitions challenging such notice or alleging entitlement to an exemption. Provides that public hearings on such petitions be conducted by the Administrator or the State, as appropriate, and that decisions on such petitions be made within a reasonable time (currently requires the Administrator to hold such hearings unless the State agrees to do so and currently requires a decision within 90 days after receipt of the petition). Repeals provisions authorizing the Administrator to review State decisions on such petitions and requiring such review under certain conditions. Authorizes the State or the Administrator, as appropriate, to adjust or compromise any penalty assessment if the source is in compliance. Repeals provisions for: (1) final adjustments of penalties after compliance; and (2) Administrator objections to, and substitutions for, State noncompliance penalties. Revises requirements for noncompliance penalty assessed amount determinations and payment schedules. Attainment Date Extensions - Permits States to receive up to five-year extensions beyond the December 31, 1982, primary NAAQS attainment date for pollutants in nonattainment areas (the Act currently permits extensions up to December 31, 1987, for carbon monoxide and photochemical oxidants). Requires, in order to receive such extensions, that a State: (1) certify to the Administrator that attainment is not possible before December 31, 1982, despite implementation of all reasonably available measures; and (2) commit itself to not modifying State nonattainment plan provisions so as to adversely affect reasonable further progress. Directs the Administrator to publish notice of such certification and afford an opportunity of not more than 60 days for public comment, including a hearing where appropriate. Directs the Administrator, if satisfied that such attainment is not possible, to extend the deadline to a date providing for attainment as expeditiously as possible, but not later than December 31, 1987. Grants the Administrator discretionary authority, upon State application and after notice and public hearing, to provide an additional extension of an attainment date for any NAAQS, for up to six years beyond the December 31, 1987 extension. Conditions such additional extensions on a State demonstration that: (1) reasonable further progress toward attainment has been made during the previous extension period; (2) air quality problems are so severe and persistent, for identified reasons, that the previous extended deadline cannot be attained; (3) all applicable SIP provisions, including those relating to legislative and funding actions and reasonably available control technology are being adequately implemented; (4) an approved program has been adopted and implemented applicable to in-use motor vehicle emissions (including a vehicle inspection and maintenance program, where appropriate in the case of carbon monoxide and photochemical oxidants; and (5) a reasonable and practical program for attainment within a specified period has been submitted as a revision of the SIP. Directs the Administrator to: (1) promulgate regulations for determining the terms of such additional extensions; and (2) annually audit the progress of any State that has not attained a NAAQS by the additional extension deadline. Prohibits issuance of a construction or modification permit for any major stationary source which emits a pollutant for which a NAAQS has not been attained by the appropriate deadline. Permits case-by- case waivers of such prohibition for the construction of any new stationary source to replace an existing stationary source, upon determination that emissions from the new source of each air pollutant for which the area is designated a nonattainment area will be less than such emissions from the existing source. Directs the Administrator to: (1) enforce such permit requirements by issuing an order or bringing a civil action; and (2) seek an injunction or assess a civil penalty for violations of such prohibitions against construction or modification. Nonattainment (other amendments) - Revises other part D provisions for permit requirements in nonattainment areas to require that proposed new or modified major stationary sources comply with the best available control technology (BACT) standard, in the case of permits issued on or after the date 180 days after the enactment of this Act (compliance with the lowest achievable emission rate (LAER) standard is thus required only for permits issued before such date). Repeals a requirement that SIP provisions for nonattainment areas establish a specific schedule for implementation of a vehicle emission control inspection and maintenance (I and M) program in order to qualify for a deadline extension in meeting the primary NAAQS for photochemical oxidants or carbon monoxide. Requires that SIP nonattainment provisions for urban areas with greater than 500,000 population in which the 1981 photochemical oxidants and/or carbon monoxide level exceeded the respective primary NAAQS by 50 percent or more must contain a cost-effective program applicable to in-use motor vehicle emissions and not inconsistent with title II (Emission Standards for Moving Sources) of the Act. Requires that such program include an I and M program, if the Administrator deems this appropriate. Allows a State to decide that the I and M program will apply first to motor vehicle fleets and commercial operators and then, when the State determines necessary for attainment, to other vehicles. Permits any State to: (1) continue an I and M program for any nonattainment area which does not fall under the new requirements concerning urban areas with the above-mentioned population and pollution areas; or (2) submit revisions to modify or eliminate such program. Makes specified emissions level requirements for construction and operation in nonattainment areas inapplicable in the case of any SIP under which: (1) all new major stationary sources are required to comply with the best available control technology (BACT) standard; (2) an adequate emissions inventory is maintained; (3) all existing major stationary sources will be in compliance with emission limitations based upon reasonably available control technology (RACT) not later than 1987 (or earlier, as appropriate); and (4) notwithstanding the construction of new major stationary sources, there is a program for obtaining such annual reductions in emissions as represent reasonable further progress. Repeals provisions for Federal authority to withhold Federal grant funds for sewage treatment and highways in cases of noncompliance with the Act. Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter - regulations for other pollutants are not yet final - in areas with cleaner air than that required by NAAQS. Currently the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas.) Repeals the "increment" limitations (specified "maximum allowable increases over baseline concentrations") for class II and class III areas. Allows, in class I areas, the short-term increment limitation to be exceeded five times per year (currently only one short-term excess is permitted). Permits State Governors to rule that concentrations of particulate matter attributable to fugitive dust from specified sources shall not be taken into account in determining compliance with maximum allowable increases in ambient concentrations, unless the Administrator rules that the inclusion of such fugitive dust is necessary to carry out the purposes of PSD provisions. Eliminates provisions for PSD area redesignations as class III areas. Revises PSD preconstruction review analysis requirements to grant discretion to the permitting authority in determining whether continuous air quality monitoring data is necessary to determine whether emissions from a facility will exceed maximum allowable increases (class I area increments) or maximum allowable concentrations (primary and secondary NAAQS). Eliminates the special definition of "best available control technology" (BACT) for purposes of PSD provisions. Defines BACT for purposes of the Act to mean the applicable New Source Performance Standards (NSPS) (the EPA-set technology-based standards for categories of industries), along with applicable national emission limitation standards for hazardous air pollutants (NESHAPs). Retains determination of the BACT by the permitting authority on a case-by-case basis where no NSPS exists for a stationary source in a particular category. Allows State and local governments to adopt or enforce standards or limitations more stringent than the BACT standard. Provides that PSD preconstruction requirements shall only apply to physical or operational changes resulting in a significant net increase in source emissions of any air pollutant regulated under provisions for NAAQS, NSPS, or NESHAPs. Sets a de minimis amount for such increase at 100 tons per year (1,000 tons per year of carbon monoxide) for any air pollutant for which a NAAQS is established (except lead). Authorizes the Administrator to determine, by rule, that a lesser amount is necessary to carry out PSD purposes. Makes technical and conforming amendments. Eliminates the requirement that PSD regulations for hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides contain measures at least as effective as the "increment" limitations for sulfur oxides and particulate matter. Effective Data and Transitional Rules - Sets forth an effective date and transitional rules for the amendments relating to Nonattainment provisions and to PSD provisions. Regulatory Stability - Sets forth regulatory stability provisions establishing a ten-year "grandfather" period, commencing with construction or modification, during which a stationary source (unless subsequently modified) shall not be subject to more stringent requirements if the construction or modification is subject to NSPS, obtains a permit or approval, and meets all permit or approval requirements. Excludes from such "grandfather" provision any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous pollutants designated under NESHAP provisions; (2) pollutants with no NAAQS in effect at commencement of the construction; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Ozone Protection - Directs the President to report to the Congress annually, beginning within two years of the enactment of this Act, on the status of actions toward international agreements concerning the protection of stratosphere. Requires that copies of such reports be made available to the public. Directs the Administrator to make specified determinations, considerations of study results, and findings before any ozone protection regulation on chloroflurocarbon control is proposed or promulgated. Title II: Mobile Source Amendments - Revises part A (Motor Vehicle Emission and Fuel Standards) of title II (Emission Standards for Moving Sources) of the Act. Establishment of Emission Standards for New Motor Vehicle or New Motor Vehicle Engines - Requires that any more stringent new standard not become effective for at least: (1) 48 months after prescription or revision, in the case of heavy-duty vehicles or engines; and (2) 36 months after prescription or revision, in the case of all other new motor vehicles or engines. Provides that any more stringent new standards must reflect the degree of emission reduction the Administrator determines to be reasonably achievable through application of technology adequately demonstrated to be available for the appropriate model year. Directs the Administrator, in making such determination, to consider costs, applicability to gasoline or diesel-fueled vehicles or engines, impact on fuel economy, effect on level of all emissions from such vehicles or engines, safety, commercial use, and other appropriate factors. Authorizes the Administrator to arrange with the National Academy of Sciences (NAS) to review the technical feasibility of such proposed new standards and to submit written reports which shall be available to the public. Revises provisions relating to regulations applicable to emissions of carbon monoxide, hydrocarbons, oxides of nitrogen, and particulate matter from classes or categories of heavy duty vehicles or engines. Provides that the standards prescribed (after enactment of this Act) in such emissions regulations shall apply for a minimum period of four model years unless less stringent standards are prescribed for any model year during that period. Requires that standards applicable to emissions of oxides of nitrogen and particulate matter be prescribed at the same time. Directs the Administrator to arrange with NAS for a technological feasibility report with respect to any proposed standard for particulate matter to be prescribed for heavy-duty vehicles and engines. Revises provisions for a continuing pollutant specific study concerning the effects of air pollutant emissions. Revises deadlines for such study (making the next deadlines January 1, 1983, and before January 1 of each fourth year thereafter). Requires notice and opportunity for public comment before the Administrator determines that the operation or function of an emission control device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety. Adds to the factors the Administrator must consider in making such determination any information obtained from any manufacturer under specified compliance testing provisions. Revises standards for regulation of emissions from light-duty vehicles and engines manufactured during and after model year 1982 for specified pollutant grams per vehicle mile (gpm): (1) .41 gpm of hydrocarbons; (2) seven gpm of carbon monoxide; and (3) two gpm of oxides of nitrogen. Authorizes the Administrator to revise any such standard for any model year after model year 1986. Prohibits any revised standard from being more stringent than the standard applicable (without regard to any waiver) to light-duty vehicles and engines manufactured in the 1981 model year. Revises provisions for waivers of such emission standards. Directs the Administrator, after notice and opportunity for public hearing, to waive any emission standard for any model of vehicles or vehicle engines for up to four model years, upon petition and demonstration by the manufacturer that such waiver is necessary for the use of an innovative power train technology, innovative emission control device or system, or alternative fuel or power source. Adds "the potential to conserve energy" to factors to be considered in granting such waivers. Revises th maximum number of vehicles or engines per manufacturer to which such waivers may apply. Sets such maximum at 200,000 vehicles or engines per year of such waiver, but not more than 500,0000 for a four model years waiver. Prohibits extension or renewal of four model years waivers. Requires that such waivers include appropriate emissions standards to: (1) ensure, in the Administrator's judgment, no significant adverse impact on achieving applicable NAAQS; and (2) encourage development and production of such model. Limits to one-half the average original actual life for each class or category of motor vehicle or motor vehicle engine (other than light-duty or motorcycle) that period of use the Administrator is authorized to determine as appropriate for specified provisions relating to the "useful life" of such vehicles or engines. Provides that future regulations affecting the manufacture, distribution, or sale of motor vehicles or engines for high altitude areas of the United States: (1) shall include the exemptions provided in regulations for model year 1982; and (2) may provide specified high altitude performance adjustments. Prohibits any regulation requiring a percentage of reduction in emissions from high altitude motor vehicles greater than that required for non-high altitude motor vehicles. Prohibits regulations applying a numerical standard for determination of such percentage reduction for high altitude vehicles more stringent than that for non-high altitude vehicles. Prohibits regulations requiring that any emission control device or element of design needed to meet the applicable emissions standards under high altitude conditions also be installed on motor vehicles or engines intended for principal use in non-high altitude locations. Prohibited Acts - Includes among prohibited acts the failure or refusal by any manufacturer to comply with EPA requests for information for a study relating to the availability and distribution to motor vehicle dealers located at high altitudes of models of new light-duty motor vehicles. Compliance Testing and Certification - Revises provisions for compliance testing and conformity certification to direct the Administrator to reliably evaluate or require reliable evaluation of (but not necessarily to test or require testing of): (1) any new motor vehicle or new motor vehicle engine submitted by a manufacturer; and (2) any emission control system incorporated in a vehicle or engine submitted by any person. Repeals a one-year maximum limit on the period which a certificate of conformity may cover. Requires that compliance tests or other reliable evaluations determine the average emissions from vehicles or engines. Requires, in making such determination, that: (1) gasoline-fueled vehicles or engines not be in the same class or category as diesel-fueled; and (2) light-duty vehicles or engines not be in the same class or category as heavy-duty. Allows the inclusion of light-duty trucks, certified as such by the Administrator, in the same class or category as light-duty vehicles or engines. Directs the Administrator to establish an acceptable quality level for all new motor vehicles equivalent to the level applicable to 1981 model year light-duty vehicles. Repeals a requirement that all light-duty vehicles manufactured during and after model year 1984 comply with specified emission standards regardless of the altitude at which they are sold. Compliance by Vehicles and Engines in Actual Use - Revises provisions for compliance by vehicles and engines in actual use to base determinations of nonconformity with regulations by any class or category of vehicles and engines manufactured after a specified date upon the average performance in testing a statistically valid and representative sample. Permits manufacturers to elect to take other actions, in lieu of remedying such nonconformity, with respect to those or other vehicles or engines, consistent with the purposes of title II of the Act. Prohibits manufacturers from including together in the same such actions: (1) both gasoline and diesel-fueled vehicles or engines; or (2) both light-duty and heavy-duty vehicles or engines. Directs the Administrator to consider the effects on competition, in approving a manufacturer's plan to remedy or take other actions with respect to such nonconformity. Repeals a requirement that dealers furnish purchasers of new light-duty motor vehicles certificates of conformity with applicable emission standards, including notice of purchaser warranty rights. State Standards - Provides that, in the case of any new motor vehicle or engine designed to comply with State emission control standards for which a waiver of Federal standards has been granted, compliance with such State standards shall be treated as compliance with applicable Federal standards. High Altitude Performance Adjustments - Repeals a provision requiring that there be a State-instituted motor vehicle inspection and maintenance (I and M) program in nonattainment areas of a State before authority relating to high altitude performance adjustments may be available to such State. Effective Date - Provides that specified foregoing amendments made by this title shall take effect with respect to vehicles and engines manufactured in model years beginning more than 60 days after the enactment of this Act. Study and Development of Alternative Emissions Control - Directs the Administrator to initiate a study and related proceedings, including appropriate informal public hearings, to: (1) develop alternative and practicable approaches to emission control of any air pollutant, subject to such regulation, from new motor vehicles or engines; and (2) evaluate the existing control program. Sets forth the factors to be considered by the Administrator concerning such alternative approach. Requires that a report of such study, including public comments, be submitted to the appropriate committees of the Congress within one year. Sets forth criteria for proposed regulations under any such alternative approach. Prohibits promulgation of such regulations except after final rulemaking as required by this Act and pursuant to legislation reported from the appropriate committees of Congress and enacted either after the date of submission of the report of the study or after the date of submittal of the regulations to the Congress. Warranties and Parts Certifications - Repeals a requirement that manufacturers warrant that new motor vehicles or engines are: (1) designed, built, and equipped so as to conform with emissions standards at the time of sale; and (2) free from defects in materials and workmanship which cause failure to conform during the period of useful life. Requires, instead, a production warranty that the vehicle or engine is equipped with emission control components designed to enable such vehicle or engine to conform at the time of sale with emissions standards for the first 24 months or first 24,000 miles. Repeals provisions for motor vehicle or engine parts certifications by manufacturers or rebuilders for compliance with emissions standards. Limits a free replacement obligation of manufacturers to emissions control components installed for the sole (currently, sole or primary) purpose of reducing vehicle emissions. Limits specified performance warranties to: (1) the first 24 months or 24,000 miles; and (2) certain components installed for the sole purpose of emissions control. Revises provisions for manufacturers' instructions for the maintenance, replacement, and repair of emission control parts or components to eliminate requirements that: (1) such instructions correspond to regulations promulgated by the Administrator of the Environmental Protection Agency; and (2) the replacement parts be certified. Eliminates provisions for waivers of a prohibition against including conditions on the purchaser's using components or services unconnected with the manufacturer. Specifies that waivers of the prohibition against State or local standards for emissions control of new motor vehicles or engines subject to Federal standards will be given only: (1) insofar as numerical emission levels are concerned; and (2) if such standards and new motor vehicle certification and other tests are consistent with Federal standards. Specifies that tampering prohibitions refer to parts or components placed on or in motor vehicles or engines for the sole purpose of controlling emissions. Exempts communications regarding any part, component, system, or service provided without charge under the terms of the purchase agreement from specified prohibitions against manufacturer's communications conditioning warranty coverage on use of certain products or services. Prohibits State new motor vehicle emission standards in nonattainment areas from including any provision similar to the production or performance warranty provisions under the Act. Title III: Study and Conforming Provisions - High Altitude Study - Directs the Administrator, upon the request of any national association of motor vehicle dealers with a membership which includes a majority of U.S. retail franchisers selling imported and domestic new light-duty motor vehicles, to compile data relating to the availability and distribution to dealers located at high altitudes of all models of such vehicles manufactured by any specified manufacturer in a specified model year. Authorizes the Administrator to utilize specified information and to require manufacturers to submit relevant information (except information identifying shipments to individual dealers). Directs the Administrator, within six months after such a request is made, to submit to the Congress and publish in the Federal Register a report setting forth the data so compiled, including specified information. Title IV: Amendments Relating to Authorizations - Authorization of Appropriations - Authorizes appropriations to the Administrator for fiscal years 1982 through 1985. Provides for sums necessary for: (1) the Administrator and the States to effectively carry out the Act's provisions, including training of State and local personnel, enforcement, abatement, and control, consideration of SIPs and revisions, and audits; and (2) sufficient funding for personnel for the Administrator to carry out the Act, particularly its regulatory functions, without undue reliance on contractors. Requires that such authorization not be less than the appropriations authorized in fiscal year 1981 to carry out the Act (except provisions relating to the National Commission on Air Quality). Prohibits the Administrator from using any funds appropriated under the Act for any payment for a reduction-in-force in any fiscal year. Directs the Administrator to inform the appropriate committees of the Congress of the reasons for such reduction, its impact on carrying out the Act, and other detailed or pertinent information, at least 30 days prior to issuing any general notice of such reduction. Declares that nothing in this title shall authorize appropriations for any research and development activities under the Act.
United States · United States Congress · 16 December 1981
Multimodal Transportation Improvement Act of 1981 - Sets forth the findings of Congress concerning funding of basic improvement and maintenance requirements of the multimodal transportation system in the United States. Amends the Highway Revenue Act of 1956 and the Airport and Airway Revenue Act of 1970 to appropriate specified sums attributable to the collection of customs duties to the Highway Trust Fund and the Airport and Airway Trust Fund. Establishes in the Treasury the: (1) Navigable Waterways Trust Fund for navigation projects on U.S. navigable waters; and (2) Railroad Trust Fund for local rail service assistance. Appropriates to the Trust Funds certain amounts attributable to the collection of customs duties.
United States · United States Congress · 16 December 1981
Broadcast Licensing, Renewal, and Deregulation Act of 1981 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidence such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer of the permit or license involved to a different person. Repeals certain provisions relating to the application of the antitrust laws. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) programs; (2) programming formats; (3) ascertainment; (4) commercialization; and (5) maintenance of program logs.
United States · United States Congress · 16 December 1981
Expresses the sense of the House of Representatives that the President should lift the ban on rehiring the air traffic controllers who went on strike.
United States · United States Congress · 14 December 1981
Expresses the sense of Congress that the United States should control all imported manufactured goods by means such as tariffs and quotas to provide economic relief for domestic industries and workers.
United States · United States Congress · 11 December 1981
Amends the Omnibus Budget Reconciliation Act of 1981 to extend by five months (until September 30, 1982) the period within which an individual must have become a full-time student at a postsecondary educational institution in order 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. Extends by one year (through August 1986) the period during which such benefits may be paid to an individual so qualified.
United States · United States Congress · 11 December 1981
Requests the President to designate the week of June 13, 1982, as "National Orchestra Week".
United States · United States Congress · 8 December 1981
Fair Practices in Automotive Products Act - Title I: Domestic Content Requirements for Motor Vehicles - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 50,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Authorizes the imposition of import restrictions on manufacturers violating such standards. Title II: Unfair and Deceptive Practices by Vehicle Manufacturers - Defines as an unfair method of competition and deceptive act or practice under the Federal Trade Commission Act the refusal of any vehicle manufacturer to determine whether parts produced in the United States by a parts manufacturer satisfy reasonable replacement part standards established by the vehicle manufacturer. Grants the Federal Trade Commission rulemaking authority to administer this title.
United States · United States Congress · 19 November 1981
Acid Precipitation Accelerated Review and Reporting Act - Amends the Energy Security Act (title VII provisions also known as the "Acid Precipitation Act of 1980") to reduce the period to be covered by a comprehensive research plan from ten years to five years. Makes conforming amendments relating to implementation of, and authorization of appropriations for, the comprehensive research plan. Directs the Acid Precipitation Task Force to submit a final report, with detailed recommendations, within five years of enactment of the Energy Security Act. Directs the Task Force to: (1) study fuel precombustion treatment and low-polluting combustion processes for reduction of sulfur dioxide and nitrogen oxide emissions; and (2) solicit State agency acid deposition research information.