United States · United States Congress · 29 April 1982
Amends the Small Business Act to require that Small Business Administration (SBA) loans be made on the following priority basis: (1) where the use of the loan will result in the creation of multiple employment opportunities in any labor surplus area; (2) where the proceeds of the SBA's share of the loan will be used to purchase, construct, or rehabilitate buildings or to purchase machinery or equipment to be located in any labor surplus area; and (3) other cases. Specifies the maximum amount of the SBA's share of any such loan. Eliminates authorizations for FY 1983 and 1984 for: (1) SBA loans to small businesses located in areas with high unemployment and low incomes or owned by low-income individuals; and (2) SBA loans to small businesses engaged in the design, manufacture, or sale of energy measures.
United States · United States Congress · 29 April 1982
Expresses the sense of the Congress that if Israel is illegally denied its right to participate in the United Nations General Assembly or in any specialized agency of the United Nations the United States should: (1) suspend its participation in the General Assembly or specialized agency; and (2) withhold its assessed contribution to the United Nations or specialized agency until the illegal action is reversed.
United States · United States Congress · 20 April 1982
Expresses the sense of the Congress that the President should: (1) consider appointing a high level official as the President's personal representative in seeking a solution to the Cyprus conflict; (2) call upon Turkey to withdraw from Cyprus; (3) pursue every appropriate avenue to persuade the United Nations to seek a prompt resolution to this conflict; and (4) consider placing this issue before the appropriate North Atlantic Treaty Organization body for assistance and resolution.
United States · United States Congress · 6 April 1982
Amends the Federal criminal code to establish penalties for mailing an identification document (usable by a minor for the purchase of alcoholic beverages) which bears an unverified birthdate. Requires for verification that the sender of the identification obtain adequate assurances that the person to be identified is at least 21 years old or that the birthdate is accurate.
United States · United States Congress · 31 March 1982
International Security and Development Cooperation Act of 1982 - Title I: Military Sales and Related Programs - Amends the Arms Export Control Act to increase for FY 1983: (1) authorized appropriations for the Foreign military sales credit and loan guarantee program; (2) ceilings on the amount of such credits and guarantees; and (3) allocation of such credits and guarantees to Israel. Reduces that portion of the total allocation of military sales credits and loan guarantees to Israel which must be available only as military sales credits in FY 1983. Eliminates the allocation of foreign military loan guarantees for Greece for FY 1983. Repeals the provisions allocating a specified amount of FY 1983 foreign military sales credits for Egypt and the Sudan. Increases the amount of such credits that Egypt is released from repaying. Decreases the amount of such credits that Israel is released from repaying. Amends certain definitions to provide that administrative surcharges include recovery of extraordinary expenses incurred by Federal agencies in carrying out foreign military sales. Authorizes the President to provide free training of foreign military personnel at professional U.S. military schools (other than the Service academies) in accordance with reciprocal programs between U.S. and foreign schools. Authorizes the President to sell defense articles to a U.S. company for incorporation into end items that will be sold by such a company to friendly countries or international organizations. Permits such sales only if specified conditions are met. Amends the Foreign Assistance Act of 1961 to increase the FY 1983 authorized appropriation for the international military education and training program. Exempts the international narcotics program and the international military education and training program from the requirement that Congress receive prior notification of reprogramming of funds, if the reprogramming involves less than $50,000. Limits the meaning of the phrase "communist countries" for purposes of the Foreign Assistance Act of 1961 to a specified list of countries. (Current law indicates that the phrase includes but is not limited to the countries on such list.) Deletes from the list Tibet and the People's Republic of China. Amends the Agricultural Trade Development and Assistance Act of 1954 to declare that the People's Republic of China shall be considered a friendly country eligible to enter into sales agreements and to receive assistance under such Act. Amends the Foreign Assistance Act of 1961 to increase FY 1982 and 1983 authorized appropriations for peacekeeping operations. Authorizes the President to order the use of Federal agency commodities and services, up to a specified value, for emergency peacekeeping operations. Requires the President to notify Congress of such an action. Title II: Anti-Terrorism Assistance - Authorizes the President to furnish eligible countries with anti-terrorist assistance. Authorizes providing services and commodities for such assistance. Authorizes appropriations for FY 1983. Title III: Economic Support Fund - Increases the FY 1983 authorized appropriations for the Economic Support Fund. Eliminates the FY 1983 Fund allocations earmarked for: (1) Egypt; (2) Israel; (3) certain regional cooperative projects in the Middle East; (4) relief and rehabilitation programs in Lebanon; (5) Turkey; (6) Cyprus; (7) Tunisia; (8) Costa Rica; and (9) Nicaragua. Title IV: Development Assistance - Increases the FY 1983 authorized appropriations for assistance programs for: (1) education and human resources development; (2) indigenous resources development; and (3) trade and development. Extends the authorization for the agricultural and productive credit and self-help community development programs. Deletes the allocations of the funds authorized for international organizations and programs. Title V: Miscellaneous Provisions - Increases the FY 1983 authorized appropriations for: (1) international narcotics control programs; and (2) the operating expenses of the agency primarily responsible for administering international development programs. Title VI: Authorizations for the Fiscal Year 1984 and Effective Date - Authorizes appropriations for FY 1984 for programs for which appropriations are authorized for FY 1983 by this Act or by the International Security and Development Cooperation Act of 1981.
United States · United States Congress · 31 March 1982
Amends the International Communication Authorization Act, fiscal years 1982 and 1983, to authorize additional appropriations for FY 1983 for the International Communication Agency (ICA). Amends the United States Information and Educational Exchange Act of 1948 to allow the fees received by the ICA in connection with its English-teaching programs to be credited to the ICA's applicable appropriation. Amends the Foreign Assistance Act of 1969 to allow Inter-American Foundation grantees to keep the interest earned on investments of grant funds if the interest is used for the purposes for which the grant was made.
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 · 29 March 1982
Authorizes the President to designate April 4, 1982, as the National Day of Reflection. Notes that such date coincides with the 80th birthday of Rabbi Menachem Mendel Schneerson, head of the Lubavitch movement.
United States · United States Congress · 29 March 1982
Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels of forces; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.
United States · United States Congress · 24 March 1982
Expresses the sense of the Congress that the United States should: (1) seek substantial reductions in strategic nuclear arms; (2) begin the strategic arms reduction talks as soon as possible; and (3) continue its efforts to obtain Soviet agreement to the mutual elimination of longer range, land-based, intermediate- range nuclear missiles.
United States · United States Congress · 18 March 1982
Caribbean Basin Economic Recovery Act - Title I: Duty-Free Treatment - Authorizes the President to proclaim duty-free treatment for all eligible articles from Caribbean countries the President designates as beneficiary countries. Prohibits the President from terminating a country's beneficiary designation unless both Houses of Congress are notified 60 days before the termination. Requires the President to consider only specified countries and territories as beneficiary countries. Prohibits the President from designating as a beneficiary country any country that: (1) is a Communist country; (2) has nationalized or seized control, or effectively nationalized or seized control, of U.S. property, unless the President determines that a good faith effort is being made to compensate for such seizure; (3) fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of U.S. citizens or corporations; or (4) grants preferential treatment to the products of a developed country other than the United States which may have a significant adverse effect on U.S. commerce, unless the President reports to Congress that certain assurances have been made. Permits the President to designate as a beneficiary country a Communist country, an expropriating country or a country that fails to act in good faith with respect to an arbitral award if the President determines and reports to Congress that such designation will be in the national interest. Lists factors the President should consider in determining whether to grant beneficiary designation. Amends the Tariff Schedules of the United States to grant to imports from U.S. insular possessions, subject to specified provisions of this Act, duty treatment no less favorable than the treatment afforded such imports from a beneficiary country. Directs the President to withdraw or suspend a country's beneficiary designation, if the President determines that changed circumstances in such country would prohibit such designation under the guidelines in this title. Requires duty-free treatment to apply to any article imported from a beneficiary country, unless otherwise excluded from eligibility, if: (1) the article is imported directly from such country into U.S. customs territory; and (2) the sum of specified costs of the article is not less than 25 percent of its appraised value at the time of its entry. Prohibits this duty-free treatment from applying to textile and apparel articles covered by textile agreements. Sets forth the manner of governing the importation and duty-free treatment of certain sugars, sirups, and molasses. Authorizes the President to suspend the duty-free treatment provided by this title and to proclaim a duty for an eligible article if such action is taken pursuant to certain import relief or national security provisions. Requires the International Trade Commission (ITC) in any report on a petition for import relief under the Trade Act of 1974 to state how its findings and recommendations apply to any duty-free article imported from beneficiary countries. Authorizes the President to reduce or end the application of import relief measures with respect to articles imported from beneficiary countries earlier than otherwise scheduled. Provides that suspension of duty-free treatment provided by this title shall be treated as an increase in duty for purposes of the import relief section of the Trade Act of 1974. Prohibits such a suspension of duty-free treatment unless the ITC finds that the harm caused by the imports results from its duty-free treatment by this title. Authorizes the filing of petitions for import relief with the Secretary of Agriculture, as well as with the ITC, for injury from imports of perishable products from beneficiary countries. Directs the Secretary to recommend the granting or denying of such petition within 14 days of its filing. Requires the President to take emergency action or to publish a notice of determination not to take emergency action within seven days of receiving the Secretary's recommendation. Sets forth the limits on the duration of the emergency action. Defines perishable products to include certain fresh or chilled vegetables, fresh mushrooms, fresh fruit, and fresh cut flowers. Exempts from proclamations under this title certain fees imposed pursuant to the Agricultural Adjustment Act. Amends the Tariff Schedules of the United States to increase to five liters (currently, four liters) the amount of duty-free liquor that may be brought into the United States. Requires that not more than four liters, of such five liter limit, may have been produced outside American Samoa, Guam, or the U.S. Virgin Islands. Authorizes the President to withdraw duty-free treatment on rum if the amount of excise taxes on rum that is paid into the treasuries of Puerto Rico and the Virgin Islands falls below the amount that would have been paid if the rum had been produced in Puerto Rico or the Virgin Islands. Amends the Trade Agreements Act of 1979 to repeal the provision for protecting U.S. possessions against revenue losses caused by concessions granted by the United States in the Tokyo Round of the Multilateral Trade Negotiations. Prohibits any action under this title from affecting a tariff imposed by Puerto Rico on coffee imported into Puerto Rico. Limits the duration of duty-free treatment under this Act to 12 years. Title II: Emergency Economic Assistance - Authorizes FY 1982 appropriations for economic support funds for countries in the Caribbean Basin. Title III: Tax Provisions - Amends the Internal Revenue Code to require excise taxes on rum imported into the United States to be paid to Puerto Rico and the U.S. Virgin Islands. Limits the amount paid to Puerto Rico and the U.S. Virgin Islands to the amount those possessions would have received if the rum had been produced in Puerto Rico or the Virgin Islands and transported to the United States. Provides an investment tax credit for investments in Caribbean Basin property placed in service within five years after enactment. Defines Caribbean Basin property as new investment credit property used predominantly in a country that is: (1) a beneficiary country, as defined under this Act; and (2) a party to a bilateral agreement providing for exchange of information between the United States and the beneficiary country. Authorizes the Secretary of the Treasury to conclude an agreement with a beneficiary country to provide information to carry out the tax laws of the United States and the beneficiary country. Prohibits allowing an investment tax credit to foreign corporations for Caribbean Basin property. Allows an investment tax credit to a U.S. shareholder of a foreign corporation that invests in Caribbean Basin property if the shareholder holds five percent of the foreign corporation's stock. Requires recapture of the investment credit if, during any taxable year, the Caribbean Basin property is used predominantly outside a qualifying country or the United States. Extends an investment tax credit and accelerated cost recovery deduction to property owned or used by U.S. corporations or citizens engaged in trade or business in Puerto Rico or other U.S. possessions. (Current law excludes such corporations and citizens from obtaining such credit and deduction.) Authorizes certain corporations that own stock in corporations doing business in Puerto Rico or another U.S. possession to receive a portion of the investment tax credit and accelerated cost recovery deduction available to corporations doing business in Puerto Rico or another U.S. possession. Authorizes certain corporations that own stock in corporations doing business in the Virgin Islands to receive a portion of the investment tax credit and the accelerated cost recovery deduction available to the corporations doing business in the Virgin Islands. Excludes from the definition of qualified leased property for purposes of the accelerated cost recovery deduction Caribbean Basin property and property in Puerto Rico or U.S. possessions owned by certain U.S. corporations or citizens.
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 · 15 March 1982
Declares that if Israel or any other democratic state is denied its rights and privileges in the United Nations General Assembly the United States will suspend its participation in the General Assembly and will withhold its contribution to the United Nations until the action is reversed.
United States · United States Congress · 10 March 1982
Declares that if any democratic state is denied its rights and privileges in the United Nations General Assembly the United States will: (1) suspend its participation in the General Assembly; and (2) withhold its assessed contributions to the United Nations until the action is rectified.
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 · 8 February 1982
Declares that any action by the United Nations to prevent a democratic state from exercising its rights to participate in the United Nations will seriously and harmfully affect congressional support for the United Nations.
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 · 2 February 1982
Older Americans' Tax Savings Act of 1982 - Permits individuals aged 65 or over to claim a reimbursement for property taxes accrued for a taxable year. Limits the amount of such reimbursement to the lesser of the property taxes accrued or $600. Prohibits any reimbursement to a claimant whose household income exceeds $6,000 per year. Sets forth procedures for the Internal Revenue Service in making reimbursements to claimants, verifying claims, obtaining information regarding claims, and for recovering fraudulent claims.
United States · United States Congress · 2 February 1982
Amends the Internal Revenue Code to allow individual taxpayers an income tax credit of $1,500 for purchasing between December 31, 1981, and January 1, 1984, a new 1981 or later model American-made passenger automobile.
United States · United States Congress · 2 February 1982
Expresses the gratitude of the Congress to the Italian Government and the Italian police for the rescue of Brigadier General James L. Dozier. Commends General Dozier for his bravery and patriotism throughout the ordeal. Declares congressional support for the Italian Government's efforts to end terrorism.
United States · United States Congress · 2 February 1982
Extends congratulations from the Congress to the Italian Government and its antiterrorist police forces for the successful rescue of Brigadier General James L. Dozier. Extends to General Dozier and his family best wishes for a quick recovery and return to normal life.
United States · United States Congress · 28 January 1982
Expresses the sense of the House of Representatives that January 30, 1982, should be observed as a national day of solidarity with the people of Poland.
United States · United States Congress · 26 January 1982
Permits the President to appoint successors to cadets at the U.S. Air Force Academy who have been discharged, graduated, or whose class has graduated without them.
United States · United States Congress · 25 January 1982
Authorizes the Director of the International Communication Agency to make available for broadcasting in the United States the film entitled "Let Poland Be Poland: A Day of Solidarity With the People of Poland."
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 · 15 December 1981
Expresses the support of the Congress for the Solidarity movement in Poland. Deplores the imposition of martial law. Places the ultimate responsibility for martial law on the Soviet Union. Reaffirms the support of the Congress for the Polish people. Reaffirms its concern over Soviet interference in Polish affairs.
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
Commends and supports the President's peace initiatives. Reaffirms the desire of Congress to work with the President to reduce the threats of nuclear war.
United States · United States Congress · 12 November 1981
Expresses the sense of the Congress that policies of Jewish emigration discrimination and anti-Semitism are morally reprehensible. Urges the President to tell the Soviet Union that the United States opposes these policies and wants emigration restrictions on Soviet Jews removed.
United States · United States Congress · 10 November 1981
Taxpayer Protection Act - Amends the Internal Revenue Code to subject the Internal Revenue Service (IRS), in the collection of taxes, to provisions of the Fair Debt Collection Practices Act regarding communication and harassment in connection with debt collection. Prohibits the publication of any deficiency which has not been adjudged to be payable by a competent court. Permits individual taxpayers to bring a civil action in a U.S. district court for damages resulting from collection practices prohibited by this Act. Requires a Federal court order before property of a taxpayer may be levied upon for the collection of tax. Specifies that a showing of fraud or malfeasance or a misrepresentation, for purposes of modifying or reconsidering a closing agreement between an individual taxpayer and the Secretary of the Treasury, shall be taken into account only if such a showing or misrepresentation is determined by a competent court. Prohibits the Secretary from consenting to extend for more than one year the period for assessment of the income tax liability of any individual taxpayer. Requires the Secretary to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the IRS may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Makes binding on the Secretary : (1) a tax return prepared for the taxpayer by an officer or employee of the IRS acting in his official capacity to provide such assistance; and (2) written information or advice given to the taxpayer by such an officer or employee acting in his official capacity. Places the burden of proof, in administrative and judicial proceedings involving the IRS and a taxpayer, upon the IRS. Directs that all property of taxpayers, for purposes of the estate and gift tax, be valued at historical cost (original cost to the taxpayer or the basis of the property if it was not purchased). Prohibits the use in IRS personnel evaluations of amounts collected pursuant to audits or investigations. Precludes the Secretary from exercising any enforcement authority over churches or certain other organizations. Prohibits the audit of any group of taxpayers unless the Secretary has first met certain notice requirements or permitted members of the group to file an amended return. Sets forth conditions which must be met by the IRS before any action is taken to interfere with the property rights of a taxpayer. Requires the IRS, before securing the records of, or personal data concerning, any taxpayer, to: (1) notify the taxpayer in writing of the demand, the material sought, and the need for the material; (2) have commenced an action in a competent court against the taxpayer; and (3) have justified its need before the court consistent with the discovery rules of the Federal Rules of Civil Procedure. States that the IRS shall have no authority, in enforcing the tax obligations of any person, which is in conflict with the rights and privileges granted under the Constitution.
United States · United States Congress · 5 November 1981
Expresses the sense of the Congress that no limitation should be placed on the Federal income tax deduction for interest paid on a residential mortgage.
United States · United States Congress · 4 November 1981
Violent Crime Control Act of 1981 - Title I: Mandatory Sentences For Use of Firearms in Felonies - Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Makes the additional penalties inapplicable to offenses consisting solely of possessing, transporting, or selling a firearm. Increases the additional penalty to two years' imprisonment for a first offense (currently, one to ten years) and to five years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Prohibits the granting of parole to any offender. Prohibits the Government attorney from plea bargaining with respect to this offense. Title II: Assassination-Related Killings - Amends the Federal criminal code to extend the current offense of killing designated Federal employees to include any Federal public servant engaged in the performance of, or on account of, his or her duties. Replaces the current crimes of Presidential and Congressional assassination with new offenses covering the assassination, assault, kidnapping, or conspiracy to kill or kidnap "United States officials." Includes Cabinet heads and Federal judges within such definition, in addition to the President, Vice President, and Members of Congress. Makes it a Federal crime to kill any civilian in the course of an assassination of a U.S. official. Authorizes the Attorney General to offer a reward of up to $100,000 for information and services concerning these offenses. Makes it the duty of any Federal agency to assist the Attorney General in the investigation and prosecution of violations. Title III: Bail Reform - Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person of the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the number of discretionary release conditions. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years' imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice or any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions. Title IV: Insanity Defense Modifications - Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect. Title V: Modification of the Exclusionary Rule - Declares that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief. Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance. Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees. Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the action was constitutional. Title VI: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system. Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines. Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range or the specific reason for imposing a sentence outside of such range. Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Title VII: Habeas Corpus Changes - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners, except upon consent of the parties. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate that the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six circumstances (currently, the State findings are presumed to be correct unless the petitioner establishes the existence of a circumstance). Requires the Federal court to view the State court record in the light most favorable to the prosecution. Title VIII: Corrections Construction and Development - Corrections Construction and Program Development Act of 1981 - Authorizes the Attorney General to make grants to States for up to 75 percent of the cost of projects to: (1) construct, expand, and repair correctional facilities; and (2) improve correctional programs and practices. Authorizes appropriations through fiscal year 1985. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to donate surplus property to States for correctional purposes.
United States · United States Congress · 4 November 1981
Expresses the sense of the Congress that: (1) the United States and Japan should exert maximum efforts to resist Soviet challenges in Asia; (2) Japan should make a greater contribution to its own defense; and (3) Japan's defense expenditures should be at least one percent of its gross national product.
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
Multinational Force and Observers Participation Resolution - Authorizes the President to assign U.S. military personnel to the Multinational Force and Observers (MFO) to implement the peace treaty between Egypt and Israel. Directs the President to give Congress specified information about the other countries providing military personnel for the MFO before the President assigns U.S. military personnel to the MFO. Requires every possible effort to be made to ensure that at least four foreign countries are represented on the MFO. Authorizes U.S. military personnel assigned to the MFO to perform only the functions specified in the peace treaty and its protocol. Limits the number of such military personnel. Authorizes the President to assign U.S. civilian personnel as observers in the MFO. Limits the U.S. share of the costs of the MFO. Authorizes appropriations to pay the U.S. contribution to the MFO budget. Authorizes Federal agencies to provide support to the MFO, without reimbursement if such support would not significantly increase U.S. costs. Directs the President to report annually to Congress on the MFO, on U.S. participation in the MFO, and on specified discussions with Egypt and Israel. Requires such reports to be as detailed as possible. States that nothing in this resolution is intended to signify congressional approval of any agreement made by the executive branch other than the agreement to participate in the MFO.
United States · United States Congress · 26 October 1981
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to Queen Beatrix of the Netherlands in recognition of the bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.
United States · United States Congress · 22 October 1981
Title I: Department of State Authorization Act, Fiscal Years 1982 and 1983 - Authorizes appropriations for FY 1982 and 1983 for the Department of State to be used for: (1) administration of foreign affairs; (2) international organizations and conferences; (3) international commissions; and (4) migration and refugee assistance. Limits the amount of any U.S. payment to the United Nations budget to the amount assessed as the U.S. contribution less: (1) 25 percent of the budget for the Committee on the Exercise of the Inalienable Rights of the Palestinian People; and (2) 25 percent of the budget for the Special Unit on Palestinian rights. Prohibits using appropriated funds to pay the U.S. contribution to the United Nations Educational, Scientific and Cultural Organization (UNESCO) if UNESCO implements a policy to: (1) license journalists or their publications; (2) restrict the free flow of information; or (3) impose mandatory journalistic codes. Directs the Secretary of State to report annually to Congress on whether UNESCO has taken any such action. Makes a specified amount available for an ex gratia payment to Yugoslavia as an expression of U.S. concern for the injuries suffered by a Yugoslavian national who was attacked in New York City. Requires a specified portion of the authorized appropriations for migration and refugee assistance to be available for resettling Soviet and Eastern European refugees in Israel. Authorizes appropriations for FY 1982 and 1983 for payment of the U.S. share of expenses of the science and technology agreements between the United States and Yugoslavia and the United States and Poland. Amends the State Department Basic Authorities Act of 1956 to authorize appropriations to maintain the level of State Department program activities despite foreign currency fluctuations or overseas wage and price changes. Authorizes establishing the Buying Power Maintenance account. Authorizes the Secretary to transfer funds between such account and other appropriations accounts to maintain the buying power of State Department programs by offsetting such fluctuations or changes. Amends the United States Information and Educational Exchange Act of 1948 and the Board for International Broadcasting Act of 1973 to authorize appropriations to offset foreign currency fluctuations or overseas wage and price changes in order to maintain the authorized level of expenditures for the International Communication Agency (ICA) and the Board for International Broadcasting. Amends the passport provisions to authorize the Secretary of State to set the fees for issuing passports and for executing passport applications. Extends the duration of a passport's validity from five to ten years. Authorizes the Secretary to limit a passport's validity to a shorter period. Amends the State Department Basic Authorities Act of 1956 to make certain passports and reports issued to document citizens born abroad as effective in proving U.S. citizenship as certificates of naturalization. Deletes the limitations under current Federal laws on the authorized appropriations for payment of the U.S. share of the expenses of the: (1) Pan American Institute of Geography and History; (2) Hague Conference on Private International Law and of the International (Rome) Institute for the Unification of Private Law; and (3) Pan American Railway Congress. Amends the United Nations Participation Act of 1945 to direct the President to appoint a U.S. representative to the Vienna office of the United Nations. Provides for living quarters for certain U.S. representatives to the United Nations rather than only for the U.S. Ambassador to the United Nations. Credits any payments made by U.S. personnel for such living quarters to the funds used by the Secretary to rent the premises. Exempts certain private sector representatives on U.S. delegations to international telecommunications conferences from specified criminal sanctions applicable to Federal employees. Amends the State Department Basic Authorities Act of 1956 to allow for State Department and Foreign Service procurement contracts of up to five years, if: (1) appropriations are available and adequate for the first fiscal year and for potential cancellation costs; and (2) the Secretary makes specified determinations. Requires contracts to be cancelled if funds are not available for its continuation. Makes the provisions of the Defense Base Act relating to the compensation for disability or death for persons employed at military bases outside the United States inapplicable with respect to contracts with persons employed by the State Department or the Foreign Service on an intermittent basis. Directs the Secretary to establish an independent Office of Foreign Missions within the Department of State. Authorizes the Director of such Office to: (1) assist Federal, State, and municipal agencies to ascertain the benefits due a foreign mission; (2) provide benefits for or on behalf of a foreign mission; and (3) perform such other functions as the Secretary determines necessary. Authorizes the Secretary to require a foreign mission to obtain benefits from the Director on terms approved by the Secretary or to comply with certain terms, including paying the Director a fee and waiving any recourse against any governmental authority or employee, as a condition to the performance of certain contracts, the acquisition of real property, or the application for or acceptance of any benefit. Authorizes such requirements if the Secretary determines they are necessary to: (1) facilitate relations between the U.S. and a sending state (a state represented by such missions); (2) protect U.S. interests; (3) adjust for costs and procedures of obtaining benefits for U.S. missions abroad; or (4) assist in resolving a dispute affecting U.S. interests. Authorizes the Secretary to designate an agent of a foreign mission to make a required waiver of recourse for the foreign mission. Prohibits the State Department from certifying more than two persons from each foreign mission for diplomatic license plates. Authorizes the Secretary to require a foreign mission to: (1) notify the Director before acquiring or disposing of real property; and (2) divest itself of or forgo the use of real property if such property was acquired without notice to the Director or exceeds the limits placed on real property available to U.S. missions in the sending state. Authorizes the Secretary to protect and dispose of any property of a foreign mission which has ceased conducting governmental activities and has not designated a protecting power. Makes the location, replacement, or expansion of a foreign mission's real property in the District of Columbia subject to the approval of the District of Columbia Foreign Missions Commission. Creates the Commission to establish: (1) areas within which chanceries may be located as a matter of right; and (2) additional areas within which chanceries may be located. Sets forth the criteria for the Commission's determinations about such real property. Provides for the administration and management of the Office of Foreign Missions. Makes the provisions of such Act applicable to public international organizations and their official missions. Prohibits compliance with such provisions by a foreign mission from being deemed a waiver of immunity. Prohibits conferring or denying benefits to foreign missions contrary to such Act. Makes funds in the State Department working capital fund available to pay expenses to carry out provisions relating to foreign missions. Amends the Diplomatic Relations Act to extend the privileges and immunities of the Vienna Convention to missions of nonparties to the Convention. Authorizes the President to extend to such missions treatment that is more favorable or less favorable than that provided under the Vienna Convention. Prohibits using State Department funds to open new U.S. Consulates until specified consulates are reopened. Expresses the opposition of Congress to efforts: (1) by UNESCO to regulate news content and the operation of the world press; and (2) by some countries to control access to and dissemination of news. Directs the President to report to Congress on U.S participation in UNESCO. Title II: International Communication Agency - International Communication Agency Authorization Act, Fiscal Years 1982 and 1983 - Authorizes appropriations for the ICA for FY 1982 and 1983 to carry out certain international communication, educational, cultural, and exchange programs. Amends the United States Information and Educational Exchange Act of 1948 to permit any Federal employee who has special scientific, technical, or professional qualifications to be assigned to a foreign government (presently only U.S. citizens can be so assigned). Authorizes the making of ICA procurement contracts of up to five years, if: (1) appropriations are available and adequate for the first fiscal year and for potential cancellation costs; and (2) the Director of the ICA makes specified determinations. Requires contracts to be cancelled if funds are not available for its continuation. Authorizes the Director of the ICA to purchase security vehicles without regard to any maximum price limitation. Provides for the principal assistant of an ICA Associate Director to perform the duties of the Associate Director who dies, resigns, is sick, or is absent. Excludes employees of certain exhibits of U.S. economic or cultural accomplishments from the provisions of the Defense Base Act for compensation for disability or death. Makes the limitation on obligations or expenditures of appropriations to carry out the United States Information and Educational Exchange Act of 1948 inapplicable with respect to any appropriations for liquidating notes which were assumed in the operation of the informational media guaranty program and were outstanding on a specified date. Requires the ICA films "Reflections: Samuel Eliott Morison" and "And Now Miguel" to be made available within the United States. Changes the name of the ICA to the United States Information Agency. Title III: Board for International Broadcasting - Board for International Broadcasting Authorization Act, Fiscal Years 1982 and 1983 - Amends the Board for International Broadcasting Act of 1973 to authorize appropriations for the Board for International Broadcasting for FY 1982 and 1983. Title IV: Miscellaneous Provisions - Amends the Foreign Assistance Act of 1969 to authorize appropriations for the Inter-American Foundation for FY 1982 and 1983. Changes the method of reimbursing the Foundation's Board members for travel expenses. Directs the Secretary of State to report to Congress on: (1) the activities conducted pursuant to certain scientific exchange agreements with the Soviet Union; and (2) the risk of transferring to the Soviet Union militarily significant technology through such activities. Prohibits obligating or expending any State Department or ICA appropriations after a specified date to finance long-term scientific or technological exchanges between the United States and the Soviet Union. Directs the President to report on the cost of assistance for refugees and Cuban and Haitian entrants within the United States or abroad for each of FY 1981 and 1982. Expresses the dismay of Congress over the U.S. vote against the International Code of Marketing of Breastmilk Substitutes. Urges the administration to notify the World Health Organization that the United States will cooperate in implementing the Code. Urges the U.S. infant formula industry to abide by the Code's guidelines. Reaffirms U.S. support for efforts to improve world health.
![Official portrait of Rep. Broomfield, William S. [R-MI-18]](https://www.congress.gov/img/member/b000890_200.jpg)