United States · United States Congress · 17 March 1982
States that the United States and the Soviet Union should begin the strategic arms reduction talks (START) with the following objectives: (1) preserving present controls on current nuclear weapons and nuclear delivery systems while pursuing substantial, equitable, and verifiable reductions; (2) seeking methods of avoiding the testing and deployment of destabilizing nuclear weapons; and (3) incorporating the ongoing negotiations on land-based intermediate-range nuclear missiles into the START negotiations.
United States · United States Congress · 15 March 1982
Family Housing Production Act of 1982 - Requires the Secretary of Housing and Urban Development, through the Government National Mortgage Association, to enter into five-year contracts to provide periodic assistance payments on behalf of homeowners to mortgagees and other lenders. Directs the Secretary to give priority to assisting persons who have not owned a home within the last three years. Permits payments to be made only to a mortgagor who satisfies requirements for creditworthiness and has a family income not exceeding 140 percent of the area median income and who: (1) is the original owner of a manufactured home the loan for which is incurred under the National Housing Act; or (2) has a fixed-rate 30-year mortgage which is secured by a home built after enactment of this Act, has no prepayment penalty, and requires increased payments beginning with the second year which shall be applied to the principal obligation until it is paid off. Limits the amount of assistance payments to the difference between the amount of the monthly payment for principal, interest, and loan insurance under the first year of the loan and the amount the monthly payment for principal and interest would be if the interest rate on the loan were: (1) ten percent (12 percent for a manufactured home); or (2) four percentage points less than the rate specified in the loan, whichever rate is higher. Requires that the mortgagor pay at least 25 percent of his or her income toward the monthly loan payment. Declares that manufactured homes shall comprise not more than 20 percent of the units assisted under this Act. Directs the Secretary to allocate the amount available to carry out this Act on the basis of the population, decline in housing starts, and unemployment rate in each State relative to all States. Directs the Secretary to recapture the lesser of the amount of assistance provided under this Act or an amount equal to 50 percent of the net appreciation of the property whenever the mortgagor sells the property or rents it for a period exceeding one year. Authorizes the Secretary to insure mortgages assisted under this Act.
United States · United States Congress · 3 March 1982
Prohibits the Administrator of Veterans' Affairs from transferring the Florida Loan Guaranty Division from Jacksonville, Florida, to St. Petersburg, Florida.
United States · United States Congress · 2 March 1982
Amends title VIII (Community Schools) of the Elementary and Secondary Education Act of 1965 to add a new program of grants for teaching the principles of citizenship. Directs the Commissioner of Education to make grants to State educational agencies to assist them in establishing and carrying out citizenship education programs for public elementary and secondary school students. Provides that such instruction shall conform to standards prescribed by such State agencies. Authorizes appropriations for FY 1982 through FY 1984 to carry out such program. Amends the General Education Provisions Act to exempt such program from specified requirements under such Act.
United States · United States Congress · 2 March 1982
Directs the Secretary of the Army to designate an area within Arlington National Cemetery, Virginia, for the burial of cremated persons. Requires the placement of a wall for plaques bearing the names of such persons.
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 · 1 March 1982
Immigration Court and Procedure Reform Act of 1982 - Amends the Immigration and Nationality Act to establish a United States Immigration Court. States that such Court shall consist of a 50 judge trial division and a seven judge appellate division. Sets forth jurisdictional provisions. Permits Supreme Court review of immigration appellate division decisions based on a writ of certiorari or on appeal from a holding declaring an Act of Congress unconstitutional. Sets forth appellate review procedures. Makes the asylum eligibility provisions consistent with parallel refugee provisions. Modifies asylum procedures to: (1) establish an "asylum officer" to conduct hearings in a nonadversarial setting; (2) permit aliens to have an attorney present in an advisory capacity; (3) make an asylum determination final; (4) put the burden of proof on the alien; (5) require asylum applications to be made within 14 days; (6) prohibit proceedings from being reopened unless there is a clear showing of changed circumstances in the applicant's country; and (7) permit the Attorney General to terminate an alien's asylum status if he or she is no longer a refugee as a result of changed circumstances in the home country. Gives exclusive judicial review responsibility in an asylum claim to the appellate division of the Immigration Court. Denies review under the Administrative Procedure Act. Makes conforming amendments to: (1) exclusion and deportation hearing and appeals provisions; and (2) certificate of identity provisions.
United States · United States Congress · 24 February 1982
Skilled Enlisted Reserve Military Training Act - Permits the Secretary of each military department to establish a Skilled Enlisted Reserve Training Program in which the Secretary agrees to provide educational assistance in a technical field in return for a person's agreement to perform a specified period of active and reserve enlisted service. Directs the Secretary to pay all educational expenses incurred and permits the inclusion of a monthly stipend. Sets forth the eligibility requirements for such assistance and the status of the enlistee at various stages. Obligates such enlistee to complete his service or reimburse the United States for the training received. Directs the President to report to Congress annually on such program. Authorizes appropriations for FY 1983 and subsequent fiscal years.
United States · United States Congress · 24 February 1982
Expresses the sense of the Congress that the problem of Americans missing because of the Vietnam war should be resolved as soon as possible. Urges the President to: (1) take actions to ensure the release of all Americans who remain captive; and (2) obtain from Vietnam, Laos, and Kampuchea a complete accounting of all the Americans who are missing, including a returning of the remains of the dead.
United States · United States Congress · 22 February 1982
Ocean and Coastal Resources Management and Development Block Grant Act - Establishes within the Treasury an Ocean and Coastal Resources Management and Development Fund. Limits the total amount payable into the Fund during any fiscal year. Directs the Secretary of Commerce to use specified portions of such funds to: (1) carry out the National Sea Grant College Program; and (2) provide national ocean and coastal resources management and development block grants to each coastal State. Requires such States to report specified information to the Secretary before receiving such grants. Sets forth the formula by which the Secretary shall determine the amount of such grants. Restricts the use of such grants to specified activities. Requires States receiving such grants to submit to the Secretary an assessment of the expenditure of such funds.
United States · United States Congress · 22 February 1982
Armed Forces Procurement Act of 1982 - Revises the procurement procedures for the armed forces. Directs the Secretary of a military department to solicit bids from a broad enough range of sources to promote effective competition and to permit suppliers to offer alternative solutions or designs. Limits the use of noncompetitive procedures to circumstances where: (1) a property or service is available only from a single source; (2) the requirement is urgent; (3) an essential industrial capability must be maintained; (4) international agreements require directed procurements; or (5) when an unsolicited unique innovation is proposed by a particular contractor. Sets forth the factors to be used in evaluating a bid, including offered price, total cost to the Government, and technical or management considerations. Requires each solicitation to describe the relative importance of various factors, including price and the variety of alternative solutions possible. Sets forth notification and award procedures. Directs a Secretary to use simplified procedures for small purchases. Permits a Secretary to make a multiyear contract for five years when appropriations are available and the estimated needs for a property or service are firm and continuing. Requires a contracting officer to obtain price data and use price analysis techniques to evaluate a prime contract price not based on adequate competition or a price adjustment pursuant to a contract modification. Prohibits the use of cost-plus-percentage-of-cost contracts. Permits a Secretary to make advance or partial payments not exceeding the unpaid contract price. Permits the President to authorize a Secretary to make contracts without regard to certain limitations. Permits a Secretary to inspect the place of performance of any contract or subcontract. Grants a Secretary and the Comptroller General access to relevant data or records for three years after final payment. Directs the Secretaries of military departments to ensure compliance with regulations, policies, and good business practices and to establish clear lines of authority and accountability for procurement decisionmaking. Permits the delegation of this authority. Establishes in the Department of Defense an Office of Defense Procurement Policy, headed by the Administrator of Defense Procurement Policy to be appointed by the President. Directs the Administrator to: (1) establish standards for the operation and certification of agency procurement systems; (2) develop uniform procurement policies; (3) establish standards and promote programs for the recruiting and training of procurement personnel; and (4) improve the computer-based Defense Procurement Data System. Requires the Secretary of Defense to provide direction in the development and implementation of procurement policies, standards, legislation, regulations, and programs. Requires military departments to implement standards and certify compliance to the Secretary. Directs the Secretary to establish a computer-based Defense Procurement Data System for collecting, analyzing, and disseminating procurement data. Places such Center in the Office of Defense Procurement Policy. Directs the Secretary to review the prevailing costs of labor and materials at least every three years. Permits the Secretary to delegate any responsibility under this Act other than the authority to provide overall direction in the development of defense procurement policy. Directs each Secretary of a military department to grant the Secretary access to any records necessary to such function. Directs the Secretary to keep Congress informed of the major activities of the Office. Requires that certification of military department procurement systems be completed within five years. Directs the Secretary to make annual reports to Congress on the progress in establishing standards for the procurement system and in certifying completed procurement systems.
United States · United States Congress · 3 February 1982
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of Congress, a gold medal to Admiral Hyman George Rickover in recognition of his distinguished service and for his contributions to the development of safe nuclear energy and to the defense of the United States. Directs the Secretary of the Treasury to provide for a gold medal with suitable emblems, devices, and inscriptions. Authorizes appropriations to carry out such provision. Authorizes the Secretary to make available bronze duplicates of such medal for sale under regulations he prescribes and in accordance with provisions of this Act.
United States · United States Congress · 25 January 1982
Community Partnership for Employment and Training Act - Sets forth the purposes of this Act, including: (1) matching labor force skills to the economy's needs; (2) increasing the employability of the poor; (3) assisting new or dislocated workers to find permanent employment; (4) providing employment and training service to high unemployment areas; and (5) establishing a community-based employment and training system based on partnership between State and local governments and the private sector. Authorizes appropriations for FY 1983 and thereafter to carry out titles II, III, and IV of this Act. Title I: Community Public-Private Training and Employment Assistance System - Part A: Organizational Provisions - Sets forth provisions for prime sponsors under this Act which include prime sponsors under the Comprehensive Employment and Training Act (CETA) and which are similar to CETA provisions. Makes eligible for bonus payments any prime sponsor which: (1) is a consortium of local governments that includes a local government which was a CETA prime sponsor; and (2) serves a preponderence of a major functioning labor market area. Permits such prime sponsors to: (1) submit plans for approval for periods of more than one year; and (2) retain up to one-half of available funds for any fiscal year for use in the succeeding fiscal year. Requires each prime sponsor to establish (or provide for continuance of) a private industry council (PIC) to be jointly responsible for planning activities under this Act. Prohibits prime sponsors from using funds under this Act for any activity not approved by the PIC. Directs the prime sponsor to appoint the initial members of the council, and to fill vacancies with the advice and consent of two-thirds of the remaining members. Requires that a majority be representatives of business and industry in the area served by the prime sponsor and that the remaining members be representatives of labor, education, community-based organizations, and economic development organizations and agencies. Directs the Secretary of Labor to establish minimum national performance standards, based on such factors as unsubsidized employment placement and retention, wage increases, and income support payment reductions. Directs the Secretary to establish separate standards for youth, based on such factors as educational competencies attainment, elementary, secondary, and postsecondary school completion, and referral to other training programs, such as apprenticeships or military enlistment. Authorizes the Secretary to waive application of national performance standards for prime sponsors demonstrating exceptional local economic hardship and to approve less stringent performance goals which are the best reasonably attainable goals. Directs the Secretary, where a prime sponsor is failing to attain performance goals, to: (1) provide notice and technical assistance to the prime sponsor; and (2) in the case of ongoing failure during two consecutive years, (A) designate an alternate prime sponsor to prepare a plan for the area for the succeeding years and (B) terminate provision of funds to the unsuccessful prime sponsor. Authorizes the Secretary, upon determination that a prime sponsor has corrected the causes of a failure, to designate that prime sponsor to prepare a plan for the year after an alternate has served the area. Sets forth requirements for prime sponsor plans. Requires that such plans be developed in consultation with, and submitted with the approval of a majority of, the PIC. Authorizes the Secretary to designate the State or other alternate prime sponsor to develop a plan, with PIC consultation and majority approval, in cases where the PIC and the prime sponsor cannot concur. Requires each plan to describe activities conducted with funds under this Act, including: (1) a labor market analysis; (2) a demographic analysis of the eligible population; (3) participant selection procedures; (4) training and employment services, including duration, costs, wages, stipends, or allowances, and supportive services; (5) service provider selection methods and criteria, including consideration of community-based organizations as subgrantees or subcontractors; (6) arrangements for coordination with educational agencies; and (7) procedures for expenditure recordkeeping and for monitoring and auditing subgrantees or subcontractors. Requires each plan to include performance goals and a statement assurance of compliance with applicable requirements. Requires, as a qualification for additional administrative incentives, that a plan provide: (1) evidence of joint development in consultation with agencies administering other Federal employment-related programs; and (2) methods for coordination with such other Federal employment-related programs, including alternative reporting or recordkeeping requirements and uniform administrative forms. Permits plans thus qualifying to cover a period of more than one fiscal year. Sets forth procedures for review of prime sponsor plans by the PIC, the Governor, and appropriate local governments, as well as for availability to the public, before submittal for approval or disapproval by the Secretary. Requires the States seeking financial assistance under this Act to submit a Governor's coordination and special services plan (similar to that under CETA) to the Secretary for approval based on satisfactory implementation of: (1) coordination of all the State's employment and training, education, and related services; (2) technical assistance for prime sponsors; (3) special model training and employment programs and related services; (4) vocational education services agreed upon by prime sponsors and the State vocational education board; (5) rural area special assistance; (6) labor market and occupational information provisions without reimbursement to prime sponsors and appropriate education agencies; (7) fostering activities of the State Occupational Information Coordination Committee; (8) industrywide training; and (9) activities under title III (Employment and Training Assistance for Displaced Workers), if the State is eligible for financial assistance under title III. Requires States desiring to receive financial assistance under this Act to establish a State employment and training coordinating council. Includes among such council's duties the review of plans and programs of prime sponsors and of all appropriate State agencies, and other activities similar to those of the State employment and training council under CETA. Part B: General Requirements - Sets forth general program requirements under this Act which are similar in part to some special and general program conditions under CETA. Requires prime sponsors to provide employment and training opportunities to those most in need of such opportunities and make every effort to provide equitable services among significant segments of the eligible population. Sets program participation (30 months) and training allowances (104 weeks) limits similar to those under CETA. Sets a participant subsidized wage limit of 78 weeks in any five-year period (similar to the CETA limit on public service employment). Permits subsidized employment with a private for-profit employer, but only if the employee is an economically disadvantaged youth aged 16 through 19 and specified title II provisions are met. Permits subsidized employment of any sort only if the prime sponsor determines that unsubsidized employment is not immediately available in the area served. Prohibits (as did CETA) funding of programs involving political activities. Sets forth provisions for wages, benefits, and allowances. Sets forth labor standards. Sets forth provisions relating to allocation and availability of funds, reports, records, audits, investigations, complaints and sanctions, judicial review, interstate agreements, services and property, and the utilization of services and facilities. Title II: Employment and Training Services for the Economically Disadvantaged - Sets forth formulas for the allocation of amounts appropriated to carry out this title. Allocates 83 percent in FY 1983 and 73 percent in succeeding fiscal years among the States on the basis of relative numbers of: (1) employed persons; (2) unemployed persons in excess of four-and-one-half percent of the labor force in the State or in areas of substantial unemployment; (3) unemployed persons residing in areas of substantial unemployment; and (4) adults in low-income families. Directs the Secretary to suballocate the State allocation among prime sponsors within the State on an equitable basis based upon such relative numbers. Allocates ten percent of the amount appropriated for title II for any fiscal year, among the States in proportion to their other allocation, for the Governor's coordinating and special services and for the State employment and training council. Directs the Secretary to make available five percent of title II funds to prime sponsors: (1) in FY 1983 on a basis consistent with the purposes of this Act; and (2) in FY 1984 and thereafter to those who have met or exceeded performance goals during the preceding fiscal year. Directs the Secretary to allocate ten percent of title II funds in FY 1984 and thereafter to prime sponsors who raise, and expend for title II program purposes specified amounts of non-Federal funds. Directs the Secretary to allocate two percent of title II funds among prime sponsors eligible for bonus payments for forming consortia of local governments serving major labor market areas. Requires prime sponsors to use title II funds in accordance with their plans to provide employment and training services which they and their PICs determine to be necessary and appropriate for economically disadvantaged youth and adults. Requires that at least one-half of such funds be used for such services for youth aged 16 through 21, with proportionate reductions of this minimum requirement in areas where the ratio of economically disadvantaged youth to economically disadvantaged adults is less than the nationwide ratio. Sets forth a non-exhaustive list of permissible title II services. Permits wage subsidies for temporary employment with public or private nonprofit employers. Permits wage subsidies to private for-profit employers for part-time employment during the school year or full-time employment not to exceed eight weeks during the summer for in-school economically disadvantaged youth aged 16 through 19, provided no such subsidy exceeds the net cost to the employer of wages paid and training provided. Includes among other permissable services: (1) job search; (2) job counseling; (3) remedial and basic skills education; (4) institutional skill training; (5) on-the-job training; (6) outreach; (7) labor market information; (8) work habit development; (9) supportive services; (10) upgrading and retraining; (11) education-to-work transition; (12) literacy and bilingual training; (13) work experience and vocational exploration; (14) high school equivalency; (15) job and job-opening development and generation; (16) apprenticeship; (17) program information to employers; (18) advanced learning technology; (19) followup; and (20) coordination with related programs. Limits eligibility to participate in title II programs to economically disadvantaged individuals aged 16 or older, but allows: (1) youth aged 14 or 15 to receive specified employment assistance services; and (2) up to ten percent of title II program participants to be individuals who are not economically disadvantaged if such individuals have encountered barriers to employment (such individuals may include the physically handicapped, those with limited English-speaking ability, displaced homemakers, ex-offenders, alcoholics, or addicts). Title III: Employment and Training Assistance for Displaced Workers - Declares the purposes of this title to be: (1) alternative employment assistance to involuntarily unemployed individuals unlikely to be rehired by the same employer; (2) occupational retraining for individuals with skills in declining occupations; and (3) reduction of the impact of economic dislocation on local communities. Directs the Secretary to allocate title III funds for any fiscal year among the States on the basis of relative numbers of: (1) individuals in the labor force; (2) unemployed persons; and (3) persons unemployed for ten weeks or more. Requires each State to match its title III Federal grant by an equal expenditure of non-Federal public or private funds for title III services, including direct costs of such services and State unemployment insurance benefits to participants in title III programs. Requires States desiring title III funds to submit to the Secretary of State displaced worker plans for the use of such funds and for coordination of title III programs with other Federal, State, or local employment-related programs. Requires such plans to ensure the maximum feasible utilization of title II program facilities and services in carrying out title III programs. Requires prime sponsor and PIC approval of title III program operations in the areas they serve. Requires, for specified title III program services, affected labor organization consultation and approval. Authorizes use of title III funds to assist eligible participants to obtain unsubsidized employment through services which include, but are not limited to: (1) job search; (2) job development; (3) in-demand skills training; (4) support services; (5) relocation assistance; and (6) cooperative programs with employers or labor organizations for early intervention in the event of plant closures. Requires allowances or stipends for eligible participants during title III training or retraining periods. Permits relocation assistance if the State determines that the participant: (1) cannot obtain employment within the commuting area; and (2) has secured suitable long-duration employment or a bona fide job offer in a relocation area. Makes eligible for title III services any individual who has experienced or been notified of termination or suspension of employment as a result of any plant closure or permanent reduction in force. Makes eligible for title III training or retraining programs any unemployed individual with job skills that the State determines offer limited opportunities for employment or reemployment in the same or a similar occupation in the area of residence. Title IV: National Employment and Training Programs - Part A: Employment and Training Services for Indians and Migrants and Seasonal Farmworkers - Sets forth provisions for Native American employment and training programs which are similar to CETA provisions. Directs the Secretary to reserve for Native Americans programs from title IV funds an amount equal to not less than two and seven-tenths percent of the amount available for title II programs. Directs the Secretary to prescribe rules, regulations and performance standards necessary to meet the special circumstances under which such Native American programs operate. Sets forth provisions for migrant and seasonal farmworker employment and training programs, similar in part to CETA provisions. Directs the Secretary to establish an office of farmworker programs within the national headquarters of the Department of Labor to select, administer, monitor, and evaluate such programs. Requires that the public agencies and private nonprofit organizations carrying out program services have a previously demonstrated capability to administer effectively a diversified employability development program for migrant and seasonal farmworkers. Authorizes the Secretary to approve the designation of grantees for such programs for a period of two years. Requires that such programs, in addition to other employment and retraining activities assist in improving the well-being of farmworkers who remain as seasonal agricultural employees. Requires title IV fund recipients to establish performance goals. Directs the Secretary to reserve for farmworker programs from title IV funds an amount equal to not less than two and eight-tenths percent of the amount available for title II programs. Prohibits national farmworker programs and activities from precluding other assistance to farmworkers under this Act. Part B: Job Corps - Sets forth provisions for the Job Corps which are similar to CETA provisions. Sets participant age limits of 16 through 24 (CETA provides limits of 14 through 21), but permits appropriate nonresidential services for 14 and 15 year olds (both this Act and CETA allow waivers of the maximum age limitation in cases of handicapped individuals). Authorizes the Secretary to pay individuals and organizations for the cost of recruitment, screening, and selection of Job Corp candidates (but prohibits, as does CETA, any payment solely as compensation for referring the names of candidates. Provides for an exception from the two-year Job Corps enrollment period limit where necessary for participation in an advanced career program (as well as in special cases). Authorizes the Secretary to arrange for advanced career training programs for selected Corps members for a period of up to one additional year of Corps participation. Permits such programs to be provided by postsecondary institutions or by businesses and labor unions. Limits, in FY 1983, personal allowances to no more than $70 per month for the first six months and no more than $125 for the remainder of Corps service, for expected short-term service, or for readjustment allowances. Permits the Secretary to increase such allowances in FY 1984 and thereafter. Directs the Secretary to disseminate information from Job Corps program experience which may help related programs. Authorizes the Secretary to test at various Job Corps centers the efficacy of selected education or training activities. Directs the Secretary to establish annual orientation and training sessions for appropriate prime sponsor and Job Corps staff to be held at Job Corps centers. Authorizes the Secretary to arrange with the Secretary of Defense for pilot projects at Job Corps centers to prepare youth to qualify for military service. Permits permanent programs for such purpose if the Secretary of Defense reimburses the Job Corps for 90 percent of program costs. Authorizes the Secretary to undertake pilot projects using community-based organizations of demonstrated effectiveness for Job Corps center operation. Authorizes the Secretary to accept on behalf of the Job Corps charitable donations which would not jeopardize Job Corps integrity. Part C: National Programs and Activities - Directs the Secretary to use specified funds to provide services authorized under all titles of this Act for employment and training programs that are most appropriately administered from the national level, such as federally-assisted multistate programs sponsored by public agencies or private organizations, including programs: (1) assisting persons with particular employment-related disadvantages (such as offenders, persons with limited English proficency, handicapped, women, single parents, displaced homemakers, youth, older workers, persons lacking educational credentials, and public assistance recipients); (2) fostering employment and training linkages between public and private sectors; and (3) addressing critical skill shortages. Directs the Secretary to provide for research and demonstration programs and for training and technical assistance. Directs the Secretary to establish, in the office of the Secretary an Office of Management Assistance to provide specified services to prime sponsors. Part D: Labor Market Information - Sets forth provisions for a comprehensive system of labor market information which are similar to CETA provisions. Directs the Secretary to assure: (1) statistical reliability and national standardized definitions of employment, unemployment, and occupational definitions for purposes of such system; (2) consolidated departmental data collecting and processing systems to eliminate overlap and duplication; and (3) compliance with Federal Paperwork Reduction Act criteria. Establishes a National Occupational Information Coordinating Committee. Reserves funds from amounts available for this part to establish and maintain the Committee in the Department of Labor to assure the coordination of functions required by this part. Sets forth provisions relating to the Committee which are similar to CETA provisions. Sets forth provisions for a nationwide computerized job bank and matching program which are similar to CETA provisions. Part E: Economic Adjustment Program - Directs the Secretary to use funds available for this part to provide financial assistance to eligible prime sponsors for employment services, subsidized employment, and appropriate training and supportive services for unemployed workers. Makes prime sponsors eligible to apply for national Economic Adjustment Program (EAP) funds if the area under prime sponsor jurisdiction has an unemployment rate for the preceding three consecutive months exceeding the national average. Requires the PIC approval of prime sponsor EAP plans. Makes any Indian tribe, band, or group receiving part A assistance an eligible prime sponsor for EAP purposes. Permits EAP programs or activities to include any activity authorized under titles II or III of this Act. Makes individuals eligible for EAP participation if they: (1) have been unemployed for at least ten out of the 12 weeks immediately prior to the eligibility determination; and (2) are economically disadvantaged. Permits 20 percent of participants in a prime sponsor's EAP programs and activities to be individuals who are not economically disadvantaged. Directs the Secretary to establish priority approval criteria for EAP proposals, including such factors as: (1) severity of area unemployment; (2) potential for training leading to unsubsidized employment in occuaptions with skills shortages; and (3) involvement of subsidized employment in economic development activity (including public facility maintenance) leading to expanded private unsubsidized employment opportunities. Part F: National Commission on Employment and Productivity - Establishes a National Commission on Employment and Productivity (replaces the National Commission for Employment Policy under CETA and reconstitutes its membership without Federal officials). Sets forth provisions for Commission functions, administration, and reports which are similar to CETA provisions. Title V: Amendments to Other Laws - Amends the Wagner-Peyser Act (U.S. Employment Service) to direct the Secretary to distribute 98 percent of funds under such Act among the States on the basis of relative numbers of: (1) individuals in the civilian labor force in each State as compared to all States; and (2) unemployed individuals in each State as compared to all States. Directs the Secretary to allocate the remaining two percent of such funds among those local employment service offices which have developed joint plans with prime sponsors under this Act. Permits State allocations to be used for: (1) job search and placement services for job seekers; (2) recruitment and technical services for employees: (3) program evaluation; (4) service linkages with related government programs; (5) services for displaced workers; (6) labor market and occupational information; (7) management information and analysis; (8) work test administration for the State unemployment compensation system; and (9) job search and placement for unemployment insurance claimants. Authorizes the U.S. Employment Service to perform only such activities and such other labor market-related services as are specified in reimbursable contracts with other State or Federal agencies. Amends part C (Work Incentive Program - WIN) of title IV of the Social Security Act to make applicants for (as well as recipients of) aid to families with dependent children (AFDC) eligible for the WIN program. Deletes a requirement that a specified portion of WIN program funds be used for specified on-the-job training and public service employment programs. Directs the Secretary to assure that WIN registrants receive employment and training services under this Act. Directs the Secretary to utilize PICs of prime sponsors under this Act for advice as to availability of area jobs for WIN programs purposes (thus replacing the WIN Labor Market Advisory Councils established to serve such function). Revises provisions for WIN program operation to direct the Secretary to: (1) provide intensive job search assistance services for all WIN registrants (as a program requirement, with specified exceptions); (2) following provision of such services, refer all WIN registrants who have not been placed in unsubsidized employment to the appropriate prime sponsor for employment and training services under this Act; and (3) place WIN registrants without unsubsidized jobs who are not currently served under this Act in other employment and training activities. Requires the State agency administering WIN program activities to coordinate these with activities under this Act. Repeals the Comprehensive Employment and Training Act (CETA), as of October 1, 1982. Provides for a CETA program transition period expiring at the end of June 30, 1983. Permits prime sponsors, even before the expiration of such transition period, to carry out activities authorized under this Act.
United States · United States Congress · 25 January 1982
Nonstructural Water Resources Development Act of 1981 - Amends the Water Resources Development Act of 1974 to revise flood protection project planning to grant equal consideration to structural and nonstructural water resources alternatives. Directs the Secretary of the Army, through the Chief of Engineers, to report annually to Congress on specified water resources projects.
United States · United States Congress · 25 January 1982
Amends the Federal census provisions to require Federal agencies to use the most recent population data (rather than the most recent decennial census data) in determining the amount of benefits due State and local governments under Federal programs.
United States · United States Congress · 16 December 1981
Nonstructural Water Resources Development Act of 1981 - Amends the Water Resources Development Act of 1974 to revise flood protection project planning to grant equal consideration to structural and nonstructural water resources alternatives. Directs the Secretary of the Army, through the Chief of Engineers, to report annually to Congress on specified water resources projects.
United States · United States Congress · 11 December 1981
Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 180 days each during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Comptroller General to conduct a study of the hospice reimbursement method. Defines hospice care as including items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis.
United States · United States Congress · 17 November 1981
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should immediately study and report to Congress on ways to correct the benefit disparity caused by the 1977 changes in the social security retirement benefit formula.
United States · United States Congress · 29 October 1981
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Prohibits the Congress from requiring that the States engage in additional activities without compensation equal to the additional costs. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 27 October 1981
Designates that section of the Baltimore-Washington Parkway within the State of Maryland as the Gladys Noon Spellman Parkway. Directs the Secretary of the Interior, in cooperation with the State of Maryland, to erect an appropriate marker commemorating the contributions of Gladys Noon Spellman. Authorizes appropriations.
United States · United States Congress · 20 October 1981
Military Justice Amendments of 1981 - Amends the Uniform Code of Military Justice to state that a member of an armed force receiving a sentence from a court-martial which includes an unsuspended dismissal or bad-conduct discharge may be required to take leave pending completion of the action. Makes such leave chargeable against accrued or excess leave. Precludes the accrual or reception of pay or allowances during involuntary leave. Excludes such persons from the right to reemployment of inducted persons. Exempts such persons from the restriction on off-post civilian employment. Requires payment for leave charged as excess leave, minus earnings received during such leave, whenever such a sentence is set aside or disapproved by a Court of Military Review or the United States Court of Military Appeals. Prohibits punishment before trial without regard to the effective date of sentences. Permits the accused to be represented by more than one military counsel only as specified. Extends from 30 to 60 days the period during which an accused may petition the Court of Military Appeals for review of a decision of a Court of Military Review. Requires an application for modification or vacation of a sentence or findings in a court-martial case which has been finally reviewed, but not reviewed by a Court of Military Review, to be made within two years of sentencing.
United States · United States Congress · 13 October 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to an incarcerated felon during any month of confinement. Treats the benefits withheld as having been paid to the felon for purposes of the payment of benefits to other persons so entitled on the basis of the wages and self-employment income of the felon.
United States · United States Congress · 7 October 1981
Prompt Payment Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Requires the Office of Management and Budget (OMB) to prescribe required payment dates. Specifies the procedures for computing such interest. Requires an agency to pay any interest charges out of funds made available for administration of its programs. Authorizes Federal grant recipients to provide for the payment of interest on overdue payments on their procurement contracts. Directs each agency to report to OMB annually on interest payments made during the fiscal year. Requires OMB to report to specified congressional committees on agency compliance with this Act. Requires the Director of OMB to delegate responsibility for OMB functions under this Act to the Office of Federal Procurement Policy.
United States · United States Congress · 6 October 1981
Amends the Bail Reform Act of 1966 to authorize a judicial officer when making a pretrial release determination to consider whether a person charged with possession or transfer of a controlled substance will pose a danger to any other person or the community. Requires the judicial officer to hold a hearing for such persons to determine whether surety resources have been obtained by noncriminal means.
United States · United States Congress · 2 October 1981
Amends titiles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to require Federal agencies to give to the Secretary of Health and Human Services, upon request, the names and social security account numbers of disability or SSI benefit recipients who are inmates of penal institutions.
United States · United States Congress · 25 September 1981
Parental Kidnapping Offense Act of 1981 - Amends the Federal criminal code to establish penalties for intentionally restraining a child in violation of another person's right of custody or visitation and: (1) concealing the child without good cause for more than seven days; or (2) restraining the child without good cause for more than 30 days. Applies the crime to persons having a relationship to the child. Includes as jurisdictional bases the movement of the child or legal custodian in interstate or foreign commerce.
United States · United States Congress · 21 September 1981
Authorizes the transfer of fifteen excess naval vessels to the Governments of Ecuador, Italy, Republic of Korea, Mexico, and Pakistan and to the Coordination Council for North American Affairs (a Taiwan instrumentality). Terminates the authority to sell these vessels after two years.
United States · United States Congress · 16 September 1981
Tax Reduction and Reform Act of 1981 - Repeals the Economic Recovery Tax Act of 1981. Reinstates prior law. Title I: Individual Income Tax Provisions - Subtitle A - Tax Reductions - Amends the Internal Revenue Code to reduce individual and estate and trust income tax rates in 1982, with further reductions in 1983 and thereafter. Authorizes the Secretary of the Treasury to issue regulations permitting workers to increase or decrease their withholding allowances. Reduces the highest marginal tax rate on all types of income from 70 to 68 percent in 1982 and to 67 percent in 1983 and thereafter. Increases the zero bracket amount for each category of taxpayers. Increases the income levels at which a taxpayer is required to file an income tax return. Increases the personal exemption to $1,100. Subtitle B - Increase in Earned Income Credit; Deduction for Two-Earner Married Couples; Etc. - Increases the rate of the earned income tax credit from ten to 11 percent of the first $5,000 of earnings beginning in 1982. Expands income eligibility requirements for such credit. Allows married individuals filing a joint return an income tax deduction from gross income of ten percent of the lesser of $30,000 or the earned income of the lower income spouse, beginning in 1983. Specifies that deduction shall be five percent of such amount in 1982. Increases the amount of the tax credit allowable for expenses for household and dependent care services necessary for gainful employment, beginning in 1982. Permits such credit for certain services provided outside the taxpayer's home. Extends until January 1, 1983, the time during which a State legislator may qualify for the income tax deduction for living expenses while engaged in legislative business away from his home district. Limits such deduction to 110 percent of the daily amount allowable for Federal employees away from home but serving in the United States. Disallows such deduction for State legislators whose district residence is within 50 miles from the State capital. Title II: Business Provisions - Subtitle A - Depreciation Reform - Amends the Internal Revenue Code to replace the current system of depreciation with a first-year income tax deduction equal to the basis of personal property used in a trade or business or held for the production of income (expense-method property) which is placed in service after 1980. Phases in such expensing method by limiting the income tax deduction to a specified percentage of the basis of such property each year through 1990. Permits the first $25,000 worth of qualified assets to be expensed in the year they are purchased or placed in service without regard to the phase-in period. Excludes from eligibility for expensing: (1) property used predominantly outside of the United States; (2) certain property held by noncorporate lessors; (3) certain property not eligible for the investment tax credit; (4) certain public utility property; (5) property acquired at death; (6) certain livestock; (7) railroad tank cars; (8) oil pipelines; and (9) certain films. Disqualifies expense-method property from eligibility for the investment tax credit after 1985. Exempts accelerated depreciation on leased personal property from classification as an item of tax preference for purposes of computing the minimum tax. Revises the treatment of property depreciated under the retirement-replacement-betterment method to allow a five-year amortization of the existing adjusted basis of such property. Repeals the retirement-replacement-betterment method of depreciation. Repeals the additional first-year depreciation allowance for small business. Allows the depreciation of real property based on a useful life of 20 years. Permits the taxpayer to elect either the straight-line or declining balance method of depreciation for such property. Specifies that the declining balance method shall be at a rate of 200 percent of the straight-line depreciation rate for low-income housing and targeted area property and 150 percent for all other property. Revises component depreciation rules to provide that the taxpayer must utilize the same recovery period and method of depreciation for a building and its structural components. Allows separate depreciation of substantial improvements made after the property has been in service for three years. Excludes the following types of property from eligibility for accelerated depreciation: (1) property with a class life of 12 1/2 years or less; (2) mobile homes; and (3) property eligible for amortization. Establishes a method of simplified cost recovery for long-life public utility property. Establishes the following two classes and recovery periods for such property: (1) Class 1 property which has a present class life of more than 18 but less than 25 years, 15 years recovery; and (2) Class 2 property which has a present class life of over 25 years, ten year recovery. Excludes from eligibility for accelerated depreciation public utility property for which the normalization method of accounting is not used and property eligible for amortization. Requires the taxpayer to establish a recovery account for each class of public utility recovery property. Provides special rules for the depreciation of property not eligible for the expense-method of cost recovery. Sets forth guidelines for the determination of the useful life of such property. Provides that, for purposes of computing the earnings and profits of a corporation in any taxable year, the useful life of expense-method property shall be the lower life limit of such property and the useful life of real property shall be 35 years. Subtitle B - Corporate Rate Reductions for Small Businesses - Reduces corporate income tax rates for 1982 through 1984 and thereafter. Subtitle C - Credit for Rehabilitation Expenditures - Increases the investment tax credit percentage for rehabilitation expenditures to 15 percent for 30-year buildings, 20 percent for 40-year buildings, and 25 percent for certified historic structures, effective in 1982. Qualifies for the investment tax credit certain rehabilitated buildings leased to tax-exempt organizations or to governmental units. Subtitle D - Incentives for Research and Experimentation - Allows a nonrefundable income tax credit for 25 percent of the qualified research expenses incurred by a taxpayer in carrying on any trade or business to the extent that such expenses exceed the average amount of the taxpayer's expenses in a specified base period. Defines "qualified research expenses" as amounts paid or incurred for in-house and contract research. Allows such credit for basic research contracted out to colleges, universities, and tax-exempt scientific research institutes. Excludes from eligibility for such credit research conducted outside of the United States, research in the social sciences or humanities, exploration for ore or other minerals, and activities performed by the taxpayer for another person. Provides for a carryover and carry back of any unused credit. Terminates such credit after 1985. Title III - Estate and Gift Tax Provisions - Amends the Internal Revenue Code to increase the unified credit against the estate tax from $47,000 to $104,800 by specified annual increments through 1985 for farms and closely held businesses. Repeals the limitations on the estate and gift tax marital deduction. Qualifies certain terminable interests for such deduction. Redefines "qualified joint interest" for purposes of the 50 percent valuation of interest in property held by the decedent and the decedent's spouse. Sets forth special rules for: (1) the estate taxation of certain property for which the marital deduction was previously allowed; (2) the tax treatment of disposition of certain life estates; and (3) recovery rights in the case of certain marital deduction property. Title IV: Tax Reform - Subtitle A - Repeal of Percentage Depletion for Oil and Gas - Repeals the percentage depletion allowance for oil and gas, effective in 1982. Subtitle B - Tax Straddles - Provides that any loss from the holding of one or more positions in certain securities shall be recognized, for income tax deduction purposes, only to the extent that it exceeds the unrealized gain (gain which would be recognized if the position has been sold at its fair market value) from the holding of one or more positions which: (1) were acquired before the disposition resulting in the loss; (2) were offsetting positions; and (3) were not part of an identified straddle as of the end of the taxable year. Defines "offsetting position" to mean that there is a substantial reduction of the taxpayer's risk of loss from holding any position with respect to securities which are actively traded because the taxpayer also holds one or more other positions with respect to such securities (commonly referred to as a "straddle"). Creates a rebuttable presumption that two or more positions are offsetting, for purposes of the definition of a straddle, if: (1) they are in the same personal property, although they may be in a substantially altered form; (2) they are in debt instruments of a similar maturity or certain other debt instruments; (3) they are sold or marketed as such; (4) the aggregate margin requirement for such positions is lower than the sum of the margin requirement for each such position; or (5) there are other factors, as determined by the Secretary of the Treasury pursuant to regulation, which indicate that such positions are offsetting. Imposes a penalty upon a taxpayer who fails to report each position held with respect to which there is unrealized gain. Disallows as a deduction, and makes chargeable to capital account, interest and carrying charges with respect to personal property which is part of a straddle. Treats as sold at its fair market value any regulated futures contract held by the taxpayer at the close of the taxable year. Treats gain or loss with respect to such a contract as: (1) short-term capital gain or loss, to the extent of 50 percent of the gain or loss; and (2) long-term capital gain or loss, to the extent of 50 percent of the gain or loss. Exempts from the loss recognition provisions of this title any straddle consisting entirely of offsetting positions which are regulated futures contracts. Defines "regulated futures contracts" as contracts: (1) which require delivery of personal property; (2) with respect to which amounts deposited and withdrawn depend on a system of marking to market; and (3) which are traded on or subject to the rules of certain boards of trade. Exempts from the application of such rules any hedging transaction. Defines "hedging transaction" as any transaction: (1) which is entered into in the course of the trade or business primarily to reduce certain types of risk with respect to property or borrowing; (2) the gain or loss on which is treated as ordinary income or loss; and (3) which is clearly identified as such. Limits the three-year carryback of losses from regulated futures contracts to an amount which: (1) does not exceed the lesser of the capital gain net income from regulated futures contracts or all of the capital gain net income; and (2) does not increase or produce a net loss. Provides that obligations of the United States, a State or local government, or a U.S. possession issued on a discount basis and payable without interest in less than one year shall be treated as capital assets in determining tax consequences of gain or loss with respect to such obligations. Treates as ordinary income any gain realized from the sale or exchange of short-term government obligations which does not exceed an amount equal to the ratable share of the excess of the stated redemption price at maturity over the taxpayer's basis. Excludes from capital gains tax treatment gains by a securities dealer from the sale or exchange of any security, unless the security was clearly identified in the dealer's records before the close of the day on which it was acquired as a security held for investment (currently, before the end of the date of acquisition). Extends capital gains treatment to gains or losses attributable to the termination of a right or obligation with respect to personal property of a type which is actively traded and which is or would be a capital asset in the hands of the taxpayer. Subtitle C - Treatment of Foreign Oil and Gas Income - Foreign Oil and Gas Tax Act of 1981 - Excludes from gross income any foreign oil and gas extraction income of a taxpayer. Disallows any tax credits or deductions attributable to such income or for the amount expended for oil and gas exploration outside of the United States. Disallows the foreign tax credit for excess foreign oil related payments by domestic corporations. Provides that the oil-and gas-related income of a foreign corporation controlled by a U.S. company shall be presently taxed (instead of deferred as under present law). Subtitle D - Cash Management - Increases from 60 to 80 percent the amount in total tax liability which certain large corporations must pay in estimated taxes. Title V: Financing of Railroad Retirement System - Increases the rate of the employer and employee railroad retirement taxes. Allows the Railroad Retirement Account to borrow funds from the Treasury if the balance of such Account is insufficient to pay annuity amounts due.
United States · United States Congress · 11 September 1981
Disapproves the final rule promulgated by the Federal Trade Commission dealing with the matter of the trade regulation rule relating to the sale of used motor vehicles.
United States · United States Congress · 10 September 1981
United States Olympic Development Fund Checkoff Act of 1981 - Permits taxpayers to designate on their income tax returns an election to contribute one dollar of their income tax refunds or one dollar forwarded with returns to support the fund established by this Act. Establishes in the Treasury of the United States a United States Olympic Development Fund. Appropriates to the Fund an amount equivalent to the amount designated on tax returns to be available to the Fund. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee for use in a program of expansion and improvement of amateur athletics. Sets forth reporting requirements with respect to the expenditure of such funds by the Committee.
United States · United States Congress · 28 July 1981
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 27 July 1981
Critical Materials Act of 1981 - Establishes a Council on Critical Materials in the Executive Office of the President to: (1) advise the President on national policy concerning critical materials; (2) coordinate Federal policies and activities concerning such materials; (3) evaluate Government activities according to the policy and directions provided under the National Materials and Minerals Policy, Research and Development Act of 1980; and (4) oversee and coordinate materials research and development programs of Federal entities. Sets forth duties of the Council's executive director, which include: (1) cataloging materials research and development activities of public and private institutions; (2) evaluating the critical materials needs of basic industry and the Government; (3) initiating studies to resolve national critical materials problems; (4) issuing a biennial report providing a domestic inventory of critical resources with projections on the needs for such resources; and (5) recommending necessary changes in policies, regulations, and legislation to Congress. Authorizes appropriations.
United States · United States Congress · 27 July 1981
Expresses the sense of the House of Representatives that the House shall not consider any bill, resolution, or conference report thereon reducing social security benefits prior to the opening of the second session of the 97th Congress. Instructs the House conferees on H.R. 3982 to recede and concur in an amendment deleting from the conference report on H.R. 3982 the section which repeals minimum social security benefits.
United States · United States Congress · 24 July 1981
Tax Reduction and Reform Act of 1981 - Title I: Individual Income Tax Provisions - Subtitle A - Tax Reductions - Amends the Internal Revenue Code to reduce individual and estate and trust income tax rates in 1982, with further reductions in 1983 and thereafter. Authorizes the Secretary of the Treasury to issue regulations permitting workers to increase or decrease their withholding allowances. Reduces the highest marginal tax rate on all types of income from 70 to 68 percent in 1982 and to 67 percent in 1983. Increases the zero bracket amount for each category of taxpayers. Increases the income levels at which a taxpayer is required to file an income tax return. Increases the personal exemption. Subtitle B - Increase in Earned Income Credit; Deduction for Two-Earner Married Couples; Etc. - Increases the rate of the earned income tax credit from ten to 11 percent of the first $5,000 of earnings beginning in 1982. Increases the maximum amount of such credit. Allows married individuals filing a joint return an income tax deduction from gross income of ten percent of the lesser of $30,000 or the earned income of the lower income spouse, beginning in 1983. Specifies that deduction shall be five percent of such amount in 1982. Increases the amount of the tax credit allowable for expenses for household and dependent care services necessary for gainful employment, beginning in 1982. Permits the credit for the care of certain dependents outside the taxpayer's home. Extends until January 1, 1983, the time during which a State legislator may qualify for the income tax deduction for living expenses while engaged in legislative business away from his home district. Limits such deduction to 110 percent of the daily amount allowable for Federal employees away from home but serving in the United States. Disallows such deduction for State legislators whose district residence is within 50 miles from the State capital. Title II: Business Provisions - Subtitle A - Depreciation Reform - Amends the Internal Revenue Code to replace the current system of depreciation with a first-year income tax deduction equal to the basis of personal property used in a trade or business or held for the production of income (expense-method property) which is placed in service after 1980. Phases in such expensing method by limiting the income tax deduction to a specified percentage of the basis of such property each year through 1990. Permits the first $25,000 worth of qualified assets to be expensed in the year they are purchased or placed in service without regard to the phase-in period. Excludes from eligibility for expensing: (1) property used predominantly outside of the United States; (2) certain property held by noncorporate lessors; (3) certain property not eligible for the investment tax credit; (4) certain public utility property; (5) property acquired at death; (6) certain livestock; (7) railroad tank cars; (8) oil pipelines; and (9) certain films. Disqualifies expense-method property from eligibility for the investment tax credit after 1985. Exempts accelerated depreciation on leased personal property from classification as an item of tax preference for purposes of computing the minimum tax. Revises the treatment of property depreciated under the retirement-replacement-betterment method to allow a five-year amortization of the existing adjusted basis of such property. Repeals the retirement-replacement-betterment method of depreciation. Repeals the additional first-year depreciation allowance for small business. Allows the depreciation of real property based on a useful life of 20 years. Permits the taxpayer to elect either the straight-line or declining balance method of depreciation for such property. Specifies that the declining balance method shall be at a rate of 200 percent of the straight-line depreciation rate for low- income housing and targeted area property and 150 percent for all other property. Revises component depreciation rules to provide that the taxpayer must utilize the same recovery period and method of depreciation for a building and its structural components. Allows separate depreciation of substantial improvements made after the property has been in service for three years. Excludes the following types of property from eligibility for accelerated depreciation: (1) property with a class life of 12 1/2 years or less; (2) mobile homes; and (3) property eligible for amortization. Establishes a method of simplified cost recovery for long-life public utility property. Establishes the following two classes and recovery periods for such property: (1) Class 1 property which has a present class life of more than 18 but less than 25 years, 15 years recovery; and (2) Class 2 property which has a present class life of over 25 years, ten year recovery. Excludes from eligibility for accelerated depreciation public utility property for which the normalization method of accounting is not used and property eligible for amortization. Requires the taxpayer to establish a recovery account for each class of public utility recovery property. Provides special rules for the depreciation of property not eligible for the expense- method of cost recovery. Sets forth guidelines for the determination of the useful life of such property. Provides that, for purposes of computing the earnings and profits of a corporation in any taxable year, the useful life of expense-method property shall be the lower life limit of such property and the useful life of real property shall be 35 years. Subtitle B - Corporate Rate Reductions for Small Businesses - Reduces corporate income tax rates for 1982 through 1984 and thereafter. Subtitle C - Credit for Rehabilitation Expenditures - Increases the investment tax credit percentage for rehabilitation expenditures to 15 percent for 30-year buildings, 20 percent for 40-year buildings, and 25 percent for certified historic structures, effective in 1982. Qualifies for the investment tax credit certain rehabilitated buildings leased to tax-exempt organizations or to governmental units. Subtitle D - Incentives for Research and Experimentation - Allows a nonrefundable income tax credit for 25 percent of the qualified research expenses incurred by a taxpayer in carrying on any trade or business to the extent that such expenses exceed the average amount of the taxpayer's expenses in a specified base period. Defines "qualified research expenses" as amounts paid or incurred for in-house and contract research. Allows such credit for basic research contracted out to colleges, universities, and tax-exempt scientific research institutes. Excludes from eligibility for such credit research conducted outside of the United States, research in the social sciences or humanities, exploration for ore or other minerals, and activities performed by the taxpayer for another person. Provides for a carryover and carry back of any unused credit. Terminates such credit after 1985. Title III - Estate and Gift Tax Provisions - Amends the Internal Revenue Code to increase the unified credit against the estate tax from $47,000 to $104,800 by specified annual increments through 1985 for farms and closely held businesses. Repeals the limitations on the estate and gift tax marital deduction. Qualifies certain terminable interests for such deduction. Redefines "qualified joint interest" for purposes of the 50 percent valuation of interests in property held by the decedent and the decedent's spouse. Sets forth special rules for: (1) the estate taxation of certain property for which the marital deduction was previously allowed: (2) the tax treatment of disposition of certain life estates; and (3) recovery rights in the case of certain marital deduction property. Title IV: Tax Reform - Subtitle A - Repeal of Percentage Depletion for Oil and Gas - Repeals the percentage depletion allowance for oil and gas, effective in 1982. Subtitle B - Tax Straddles - Provides that any loss from the holding of one or more positions in certain securities shall be recognized, for income tax deduction purposes, only to the extent that it exceeds the unrealized gain (gain which would be recognized if the position has been sold at its fair market value) from the holding of one or more positions which: (1) were acquired before the disposition resulting in the loss; (2) were offsetting positions; and (3) were not part of a identified straddle as of the end of the taxable year. Defines "offsetting position" to mean that there is a substantial reduction of the taxpayer's risk of loss from holding any position with respect to personal property (personal property of a type which is actively traded) because the taxpayer also holds one or more other positions with respect to personal property (commonly referred to as a "straddle"). Creates a rebuttable presumption that two or more positions are offsetting, for purposes of the definition of a straddle, if: (1) they are in the same personal property, although they may be in a substantially altered form: (2) they are in debt instruments of a similar maturity or certain other debt instruments; (3) they are sold or marketed as such; (4) the aggregate margin requirement for such positions is lower than the sum of the margin requirement for each such position; or (5) there are other factors, as determined by the Secretary of the Treasury pursuant to regulation, which indicate that such positions are offsetting. Imposes a penalty upon a taxpayer who fails to report each position held with respect to which there is unrealized gain. Disallows as a deduction, and makes chargeable to capital account, interest and carrying charges with respect to personal property which is part of a straddle. Treats as sold at its fair market value any regulated futures contract held by the taxpayer at the close of the taxable year. Treats gain or loss with respect to such a contract as: (1) short-term capital gain or loss, to the extent of 50 percent of the gain or loss; and (2) long-term capital gain or loss, to the extent of 50 percent of the gain or loss. Exempts from the loss recognition provisions of this title any straddle consisting entirely of offsetting positions which are regulated futures contracts. Defines "regulated futures contracts" as contracts: (1) which require delivery of personal property; (2) with respect to which amounts deposited and withdrawn depend on a system of marking to market; and (3) which is traded on or subject to the rules of certain boards of trade. Permits an election to: (1) apply the regulated futures contract rules to all positions of all mixed straddles (straddles at least one, but not all, of the positions of which are regulated futures contracts and with respect to which each position is identified as being part of straddle); or (2) not apply such rules to all regulated futures contracts which are part of all mixed straddles. Exempts from the application of such sales any hedging transaction. Defines "hedging transaction" as any transaction: (1) which is entered into in the course of the trade or business primarily to reduce certain types of risk with respect to property or borrowing; (2) the gain or loss on which is treated as ordinary income or loss; and (3) which is clearly identified as such. Limits the three-year carryback of losses from regulated futures contracts to an amount which: (1) does not exceed the lesser of the capital gain net income from regulated futures contracts or all of the capital gain net income; and (2) does not increase or produce a net operating loss. Provides that obligations of the United States, a State or local government, or a U.S. possession issued on a discount basis and payable without interest in less than one year shall be treated as capital assets in determining tax consequences of gain or loss with respect to such obligations. Treates as ordinary income any gain realized from the sale or exchange of short-term government obligations which does not exceed an amount equal to the ratable share of the excess of the stated redemption price at maturity over the taxpayer's basis. Excludes from capital gains tax treatment gains by a securities dealer from the sale or exchange of any security, unless the security was clearly identified in the dealer's records before the close of the day on which it was acquired as a security held for investment (currently, before the end of the date of acquisition). Extends capital gains treatment to gains or losses attributable to the termination of a right or obligation with respect to personal property of a type which is actively traded and which is or would be a capital asset in the hands of the taxpayer. Subtitle C - Treatment of Foreign Oil and Gas Income - Foreign Oil and Gas Tax Act of 1981 - Excludes from gross income any foreign oil and gas extraction income of a taxpayer. Disallows any tax credits or deductions attributable to such income or for the amount expended for oil and gas exploration outside of the United States. Disallows the foreign tax credit for excess foreign oil related payments by domestic corporations. Provides that the oil- and gas-related income of a foreign Corporation controlled by a U.S. company shall be presently taxed (instead of deferred as under present law). Subtitle D - Cash Management - Increases from 60 to 80 percent the amount in total tax liability which certain large corporations must pay in estimated taxes. Title V: Financing of Railroad Retirement System - Increases the rate of the employer and employee railroad retirement taxes. Allows the Railroad Retirement Account to borrow funds from the Treasury if the balance of such Account is insufficient to pay annuity amounts due.
United States · United States Congress · 21 July 1981
Provides that the repeal of the minimum social security benefit provisions under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act shall not apply to individuals who are currently entitled to monthly insurance benefits or who initially become entitled to such benefits before 1984. Authorizes appropriations.
![Official portrait of Rep. Bennett, Charles E. [D-FL-3]](https://www.congress.gov/img/member/b000371_200.jpg)