United States · United States Congress · 30 April 1981
Regulatory Reform Act of 1981 - Amends the Administrative Procedure Act to require the notice of proposed agency rulemaking to include: (1) an agency solicitation for public proposals for alternative methods of achieving the regulatory objective; (2) a description of the data on which the agency will rely in the rulemaking; and (3) a determination of whether the rule is a "major rule" as defined in this Act. Directs each agency to publish with such notice: (1) a description of the costs and benefits of and alternatives to the proposed rule; and (2) a justification for proposing the rule and selecting it over the alternatives. Requires agencies to give interested persons at least 60 days to submit written comments on any proposed rule, and oral comments on major rules. Provides for a 30-day extension of such period. Directs each agency to publish with each final rule a statement of the basis and purpose of the rule which includes an assessment of the public comments on the rule and a comparison of the costs, benefits, and adverse effects of the rule. Requires an agency officer or employee to prepare the rulemaking notice and the statement of the basis and purpose of a rule. Directs each agency to maintain a public file of the paperwork and comments pertaining to each rulemaking proceeding, which shall constitute the rulemaking record for purposes of judicial review. Allows an agency to promulgate an emergency rule without meeting the notice and comment requirements under such Act. Directs any such agency: (1) to publish an explanation of the situation requiring the rule and a justification of the rule selected; and (2) to comply with normal rulemaking requirements with respect to such rule as soon as practicable. Requires each agency to review each of its major rules every ten years to determine whether to renew, amend, or rescind each rule. Directs each agency to: (1) publish and submit to the President a proposed review schedule; and (2) publish a final schedule within one year after enactment of this Act. for review. Directs each agency to publish a notice of its proposed action regarding a rule being reviewed. Requires that the notice: (1) assess the costs, benefits, and adverse effects of the rule; and (2) invite public proposals for modifications or alternatives to the rule. Requires an agency to follow normal rulemaking procedures when amending or rescinding a rule. Specifies procedures for renewing a rule without amendment. Directs a court reviewing an agency action to: (1) set aside any agency rule found to lack substantial support in the rulemaking file; (2) determine the authority or jurisdiction of the agency on the basis of the language of the authorizing statute or other evidence of legislative intent; and (3) accord no presumption in favor of or against agency action. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select at random the court in which the in which the record shall be filed. Authorizes the courts not selected to grant preliminary relief pending transfer of their proceedings. Requires each agency to publish in the Federal Register, semiannually: (1) an agenda of the rules the agency expects to propose, promulgate, renew, or withdraw within the next 12 months, including a schedule of the significant actions pertaining to each rule; and (2) a Calendar of Federal Regulations listing each of the major rules included in the agenda.
United States · United States Congress · 28 April 1981
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage from entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State, or limiting such distributor to the sale of such beverage for ultimate resale to consumers in that area, when such beverage has substantial competition from other malt beverages in that area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 10 April 1981
Consumer Product Safety Amendments of 1981 - Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to notify the Congressional commerce committees of any consumer product information or research grant in an amount greater than $50,000. Stipulates that the Commission shall assist public and private organizations in the development of safety standards and test methods "to the extent feasible." Amends the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act to prohibit the Commission from making a public disclosure of information about a product of an identifiable manufacturer or private labeler unless: (1) the information is accurate and not confidential; and (2) its disclosure is fair in the circumstances and reasonably necessary to effectuate a specific function of the Commission. Deems as confidential, information which relates to a trade secret or is not in the public domain. Requires the Commission to: (1) notify a manufacturer or labeler of its intention to disclose information about a product not less than 30 days prior to such disclosure; (2) publish a retraction of inaccurate or misleading information; and (3) communicate promptly to each manufacturer or labeler on any information with respect to significant risk of injury associated with a product. Eliminates the Commission's authority to promulgate by rulemaking consumer product safety standards with respect to composition, contents, design, construction, finish, or packaging of a consumer product. Retains such authority with respect to product performance. Eliminates the current provision prohibiting the incorporation of any sampling plan in a safety standard, except with respect to flammability standards. Revises the rulemaking procedures for promulgation of consumer product safety standards to eliminate the Commission's authority to develop a standard without making an invitation to interested persons. Eliminates the provision which permits a person to offer to develop a proposed standard. Requires the Commission to prepare a regulatory impact analysis containing specified information, including cost-benefit analysis, before publishing or promulgating a consumer product safety rule. Requires that the opportunity for oral presentation with respect to consumer product safety rules include an opportunity for cross-examination when requested by interested persons for resolution of material issues of fact and when other procedures, including oral and written rebuttal, are determined by the Commission to be inadequate. Directs the Commission, before publishing a proposed consumer product safety rule, to solicit public comment on the hazard which may be presented by the product which would be subject to the proposed standard. Amends the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act to require the Commission to find that compliance with a voluntary standard is unlikely to result in elimination of risk or that substantial compliance with such a standard is unlikely, before promulgating a regulation with respect to which persons have adopted a voluntary standard. Amends the Consumer Product Safety Act to repeal the provision authorizing private actions to enforce product safety orders. Repeals the authority of the Commission to initiate with the concurrence of the Attorney General criminal actions to enforce laws subject to its jurisdiction. Requires that orders issued by the Commission to persons to submit reports and answers to Commission questions be designed to place the least burden on such persons as is practicable taking into account the order's purpose. Requires the Commission to obtain a search warrant before entering a facility or conveyance for inspection purposes. Directs the Commission to: (1) amend its consumer product safety standard for walk-behind lawn mowers to provide that manually started rotary mowers which have specified characteristics shall be considered in compliance; and (2) report on the effect of such amendment within 26 months after the standard becomes effective. Prohibits the Commission from amending the standard as changed before such date. Establishes a Chronic Hazard Scientific Review Panel to review the scientific data and other information respecting risk of injury from a consumer product which presents risk of injury from cancer, birth defects, gene mutations, or behavioral disorders. Prohibits the Commission from taking any action with respect to a consumer product unless the Panel determines that the product presents such risk. Eliminates the Product Safety Advisory Council, the National Advisory Committee for the Flammable Fabrics Act, and the technical advisory committee authorized under the Poison Prevention Packaging Act of 1970. Establishes a Congressional veto of consumer product safety rules or regulations promulgated under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. Provides that any regulation shall not take effect if: (1) both Houses of Congress adopt a concurrent resolution of disapproval within 90 days of its promulgation; or (2) one House adopts such a resolution within 60 days and the other House does not disapprove such resolution within 30 days. Extends the authorization of appropriations for the Consumer Product Safety Commission in the reduced amounts of $33,000,000 for fiscal year 1982 and $35,000,000 for fiscal year 1983.
United States · United States Congress · 9 April 1981
National Export Policy Act of 1981 - Title I: General Findings and Purposes - Sets forth Congressional findings and the purposes of this Act. Title II: Export Financing - Declares it to be the policy of the Congress that the Export-Import Bank of the United States should facilitate, particularly in the presence of foreign officially-supported export credit competition, exports to countries: (1) having insufficient access to international credit facilities; (2) demonstrating reasonable economic progress; and (3) offering adequate formal assurances of repayment (currently, must offer sufficient likelihood of repayment). Increases the aggregate amount of loans and contractual liability of guarantees and insurance which may be outstanding at any one time. Requires such activities to be carried out through the Export Expansion Facility. Provides for the capitalization of such Facility. Amends the Export- Import Bank Act of 1945 to establish staggered, ten-year terms of office for the Bank directors. Declares that the House and Senate Appropriations Committees should consider limitations on Bank activities when considering appropriations for international trade activities rather than when considering foreign assistance activities. Title III: Export - Related Tax Policy - Amends the Internal Revenue Code to increase the earned income exclusion for citizens working abroad, who are bona fide residents of a foreign country, from an annual rate of $20,000 to $50,000 plus 50 percent of any compensation which exceeds $50,000. Allows separate exclusions to married individuals who are both working overseas, although one's excess exclusion cannot be used against income earned by the other. Provides a tax exclusion for such individuals for the amount by which their housing expenses exceed 16 percent of a GS-14, step 1 salary level for a Federal employee. Permits such individuals to include in the computation of housing expenses the costs of a second foreign household if such an individual's family resides outside the United States but not with the individual because of adverse living conditions where the individual resides. Repeals similar deductions for cost-of-living differential, schooling expenses, home leave travel expenses, and residence in a hardship area. Excludes from an employee's gross income any lodging furnished the employee by an employer in a camp which meets specified requirements. Repeals the current provisions relating to deductions for certain expenses of living abroad. Provides that the foreign bad debt loss deduction shall not exceed the greater of 15 percent of the taxpayer's taxable income from exports, or two percent of the taxpayer's export receivables outstanding at the close of the taxable year. Provides that the amount of bad debt losses that may be added to a bad debt reserve shall not exceed five percent of the taxpayer's export receivables outstanding as of the close of the taxable year. Permits the amortization, based on a period of 60 months, of: (1) foreign market studies; (2) foreign marketing expenses; and (3) foreign patents. Permits an income tax deduction for currency fluctuation losses on export credit which have not been repaid by the end of the taxable year. Authorizes the Secretary of the Treasury to extend the six-month deadline for exempting exports from the manufacturers excise tax for an additional 12 months if it is determined, after consultation with the Secretary of State, that exports were delayed because of war, civil unrest, or similar adverse conditions in a foreign nation. Amends the Foreign Trade Zones Act to authorize the Secretary of Commerce to approve the duty-free entry of machinery, materials, and fuels to be used for the production of goods in a foreign trade zone if such goods are not subsequently entered into U.S. customs territory. Sets forth requirements before applications for such treatment will be approved. Makes such approval valid for six years. Requires the Foreign Trade Zones Board to include in its annual report to Congress a summary of activities and proposals to increase the use of foreign trade zones to expand U.S. exports. Makes banking organizations which have invested in an export trading company eligible for treatment as domestic international sales corporations (DISC). Includes as qualified export receipts the gross receipts from the export of services produced in the United States and from export trade services in the case of a DISC which is an export trading company. Directs the Secretary of Commerce, with the Secretary of the Treasury, to develop and distribute information concerning the utilization of the DISC provisions. Makes export trading companies eligible for Subchapter S treatment if the shareholders of such companies are otherwise small business corporations. Exempts such companies from restrictions on the amount of foreign income they can receive and still be eligible for Subchapter S tax treatment. Title IV: Antitrust - Amends the Webb-Pomerene Act to exempt the export trade, export trade activities, and methods of operation of certified export trade associations and export trading companies from the antitrust laws. Delays the effectiveness of any certificate upon the notification of the Secretary of Commerce by the Attorney General or the Federal Trade Commission (FTC) of disagreement with the decision to issue a certificate. Sets forth the procedure to be followed by any association, company, or export trading company seeking certification under this Act and by the Secretary in issuing such certificates. Permits automatic certification for existing associations. Provides for appeal of the Secretary's denial of certification. Authorizes the Attorney General or the FTC to bring an action to invalidate a certification. Requires the Secretary, in consultation with the Attorney General and the FTC, to publish certification guidelines. Requires certified associations and export trading companies to submit annual reports to the Secretary. Directs the Secretary to establish within the Department of Commerce an Office of Export Trade. Requires such Office to report annually to the appropriate Congressional committees on all East-West trade transactions requiring validated licenses and on the role of U.S. export trading companies in such trade. Grants a temporary exemption from the Sherman Act antitrust provisions for existing associations. Requires, with specified exceptions, that all applications for certification be kept confidential. Authorizes the Secretary to require an association or trading company to modify its operation to be consistent with international obligations of the United States. Directs the President to appoint, with the Senate's advice and consent, a task force, seven years after enactment, to examine the effect of this Act and to make recommendations. Directs the Attorney General to study whether: (1) U.S. business conduct to expand exports conflicts with basic antitrust principles; and (2) a more liberal enforcement policy for overseas activities would impede implementation of the antitrust laws. Requires the Attorney General to identify conduct which would not warrant prosecution under the antitrust laws. Sets forth the procedures for describing such permissible conduct and disclosing such descriptions. Authorizes the Secretary of Commerce to intervene in such suits and to provide legal assistance to exporters. Prohibits prosecution under the antitrust laws of exporters who: (1) have notified the Attorney General of their intention to engage in such designated conduct; or (2) receive an approval, or no objection, from the Attorney General concerning proposed transactions. Requires the Attorney General and the Secretary of Commerce to report to Congress concerning implementation of this section. Authorizes appropriations for the Attorney General and the Secretary of Commerce for carrying out the simplification of antitrust procedures. Title V: Amendments to Other Laws That Hinder Exports - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Changes the criterion for finding liability for violations of accounting standards. Makes persons who intentionally violate the accounting standards liable for such violations (currently persons who know or have reason to know of violations of the accounting standards are liable for such violations). Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Security and Exchange Commission to the Department of Justice jurisdiction to enforce the antibribery prohibitions of the FCPA with respect to issuers. Replaces the current "knowing or reason to know" standard for liability for illegal payments to intermediaries with a standard that makes a firm liable if the firm intends to direct or authorize an illegal payment. Exempts from such prohibition any payment to a foreign official including items of value given in return for hospitality or in token of regard and esteem, and marketing or demonstration expenses pertaining to the business presentation. Makes the provision in the Business Practices and Records Act the exclusive Federal law authorizing Federal proceedings against a domestic concern for using the mails or any instrumentality of interstate commerce to violate such Act. Requires an interagency task force to issue guidelines specifying permissible conduct and arrangements associated with common types of export sales arrangements and business contracts and precautionary procedures creating a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the conduct does not involve a violation. Requires annual reports to Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Expresses the sense of the Congress that the President should negotiate agreements establishing standards of conduct for international business practices, a resolution procedure, and rates of commissions. Directs the President to report to Congress concerning the progress of such negotiations. Requires Congress to review the Business Practices and Records Act after receiving the President's report. Directs the President to report to Congress on the legal and practical consequences of specific action that the United States could take under existing law to: (1) promote international cooperation to prevent bribery of foreign officials, candidates, or parties in third countries; and (2) encourage persons or businesses operating in foreign countries to refrain from bribing foreign officials, candidates, or parties to the disadvantage of U.S. industry. Requires the report to contain recommendations for new legislation and an analysis of the potential effect on U.S. interests of the corruption of foreign officials and political leaders. Requires an export competitiveness impact statement from any issuing authority taking significant action which could affect adversely U.S. exports or the international competitive position of the United States and its exporters. Expresses the sense of Congress that export paperwork must be reduced to encourage export sales. Requires all agencies to minimize paperwork and reporting requirements. Title VI: Export Awareness and Export Promotion Programs - Export Trading Company Act of 1981 - Directs the Secretary of Commerce to promote export trading companies by providing information and by facilitating contacts between producers of exportable goods and export trading companies. Authorizes any banking organization to invest specified amounts in export trading companies upon notifying, but without obtaining the prior approval of, the appropriate Federal banking agency, if such investment does not cause an export trading company to become a subsidiary of such organization. Allows greater investment by Edge Act Corporations not engaged in banking. Permits any banking organization to invest beyond such limitations with prior approval of the appropriate Federal banking agency. Requires prior notification of such agencies in specified circumstances. Sets forth further limitations on export trading companies and investments by banking organizations. Specifies factors to be taken into consideration by the banking agencies. Permits such agencies to impose conditions in approving applications to invest in export trading companies. Requires such agencies to report to the appropriate Congressional committees with their recommendations concerning implementation of this Act, related changes in U.S. law, and effects of ownership of U.S. banks by foreign banking organizations. Provides for judicial review of denial orders in the appropriate U.S. Court of Appeals. Sets forth the grounds for disapproval. Provides for remand for further consideration by the banking agency. Directs the Economic Development Administration and the Small Business Administration to give special weight to export-related benefits when considering applications for loans and guarantees by export trading companies. Authorizes appropriations for fiscal years 1982-1986 for such initial investments and operating expenses. Directs the Export-Import Bank of the United States to provide loan guarantees for expansion to export trading companies or exporters to be secured by accounts receivable or inventories when adequate financing is not otherwise available. Directs the Bank Board of Directors to try to insure that a major share of such guarantees promotes exports from small, medium-size, and minority businesses or agricultural concerns. Amends the Small Business Act to empower the Small Business Administration to extend credit to finance export assistance. Sets a maximum of $750,000 which may be committed to any borrower from the business loan and investment revolving fund. Directs the Secretary of Commerce to enter into cooperative agreements with industrial corporations to develop foreign markets for their products. Requires the Secretary to direct specific market research for the products involved in foreign markets upon entering such agreements. Permits interested industrial corporations to submit a proposal incorporating specific marketing actions to the Secretary. Authorizes the Secretary to enter into a marketing agreement after approving any such proposal. Requires repayment of the Federal share of the costs by the entity entering into such an agreement. Authorizes appropriations to carry out such agreements. Directs each Federal agency and U.S. representative to any international organization to: (1) identify programs affecting the export of U.S. firms' services; (2) make available information concerning such programs; (3) establish programs to publicize export-related programs for services; and (4) modify those programs with an adverse effect on the export of services. Makes the Secretary of Commerce responsible for coordinating such programs. Directs the Department of Treasury to report to Congress concerning the feasibility of extending DISC treatment to the export of services. Title VII: Agricultural Exports - Amends the Commodity Credit Corporation Charter Act to establish the Agricultural Export Credit Revolving Fund to be available for: (1) the export of, or aid in the development of foreign markets for, agricultural commodities; and (2) loans for the acquisition of facilities in foreign countries to improve the countries' capacities to handle agri- commodities exported from the United States. Authorizes appropriations for such fund for fiscal years 1982-1984. Directs the Secretary of Agriculture to report to Congress annually concerning the export credit sales program. Abolishes such fund effective October 1, 1984. Amends the Export-Import Bank Act of 1945 to require the ratio of credit extended by the Export-Import Bank for agricultural exports in comparison with the total amount extended to be at least equivalent to the value of agricultural exports in comparison with total value of exports. Specifies exceptions to this requirement. Title VIII: International Agreements - Expresses the sense of Congress that: (1) the multilateral trade agreement be strongly implemented; and (2) the efforts must continue to secure a freer world trading environment. Directs the Secretary of Agriculture to implement a special export subsidy program for agricultural commodities to neutralize the effects of foreign export subsidy programs. Specifies the circumstances required before such program may be implemented. Expresses the sense of Congress that the President should enter negotiations for international codes of: (1) official export financing; (2) business conduct; (3) reciprocity of antitrust enforcement; and (4) fair trade in services. Requires the President to report to Congress concerning the progress of such negotiations. Title IX: Government Support of Export Goals - Overseas Private Investment Corporation Act of 1981 - Establishes the Overseas Private Investment Corporation (OPIC) as an independent agency. Sets forth the duties of OPIC. Provides for the capital of OPIC to be paid through the appropriation process and through transfer from OPIC's earned income. Sets forth the structure of OPIC with a Board of Directors, a President of the Corporation, an Executive Vice President of the Corporation, other officers and staff, and consultants. Authorizes OPIC to issue insurance to eligible investors covering new or existing investments protecting against specified risks. Authorizes OPIC to make arrangements with foreign governments or multilateral organizations for sharing liabilities. Limits the insurance that may be issued to a single investor. Authorizes OPIC to issue guarantees of loans and other investments. Sets forth limitations on such guarantees. Authorizes OPIC to make direct loans to privately owned or mixed publicly and privately owned firms for projects sponsored by or significantly involving small businesses or cooperatives. Limits the circumstances under which OPIC may acquire stock in any other corporation. Authorizes OPIC to initiate and support the identification, assessment, and promotion of private investment opportunities, with specified exceptions. Authorizes OPIC to administer special projects to provide private technical, professional, or managerial assistance in the development of human resources, skills, technology, capital savings, and intermediate financial institutions and cooperatives. Authorizes OPIC to engage in other insurance, reinsurance, and risk sharing activities with other insurance companies, financial institutions, persons, or groups. Limits the amount of reinsurance of liabilities which OPIC may issue. Limits the amount of maximum contingent liability pursuant to insurance or guarantees issued under this Act which may be outstanding at any one time. Establishes the: (1) Direct Investment Fund as a revolving fund to be available for direct investments; and (2) Insurance Reserve and Guaranty Reserve to be available for discharging liabilities. Authorizes appropriations to the investment and guaranty fund in specified circumstances. Authorizes OPIC to issue obligations in specified circumstances in order to discharge liabilities. Requires that all revenues and income transferred to or earned by OPIC be available to carry out OPIC's purposes. Directs OPIC to determine that suitable arrangements exist for protecting OPIC's interests in connection with any insurance, guaranty, or reinsurance issued under this Act. Pledges the full faith and credit of the United States for the full payment and performance of previous obligations. Sets forth conditions with respect to insurance, guaranty, and reinsurance coverage under this Act concerning fees, time limits, fraud, and settlement of disputes. Sets forth administrative provisions and duties applicable to OPIC. Requires OPIC to undertake to broaden the participation of U.S. small businesses, cooperatives, and other small investors in the development of small private enterprise in less developed friendly countries or areas. Directs OPIC to report annually to Congress concerning its operations. Amends the Foreign Assistance Act of 1961 to redefine "eligible investor" with respect to housing guarantees. Repeals provisions: (1) prohibiting the transfer of OPIC funds between accounts; (2) authorizing the President to deny assistance to any less developed country which fails to enter into an agreement to institute the investment guaranty program; and (3) establishing OPIC. Stipulates that nothing in this part shall be construed as terminating any of OPIC's statutory authority. Requires the President of OPIC to submit to the appropriate Congressional committees any necessary technical or conforming amendments. Declares that the potential for U.S. exports shall be a primary decisionmaking factor in considering which projects to include in U.S. foreign aid programs. Declares that the Office of Management and Budget should assure that adequate budget allocations are made available to carry out the programs prescribed in this Act. Declares that the Department of Justice should do what it can to facilitate procedures for exporters. Declares that the Small Business Administration should: (1) be aware of the benefits of export to small business development; and (2) use every opportunity to provide information and assistance to potential exporters. Declares that the U.S. ability to export coal, nuclear power fuels, and other energy materials in a reliable manner should be a key consideration. Directs Congressional committees to include in their reports the effect of the bill or resolution on the international competitiveness of the United States. Creates a National Export Council to: (1) serve as a national advisory body on matters relating to U.S. export trade; (2) act as a liaison among the communities represented by its membership; and (3) provide advice on Federal plans and actions that affect export promotion and development policies which have an impact on those communities represented by its membership. Requires the Council to make an annual report to the President and the Congress on its activities. Authorizes the Secretary of Commerce to appoint commercial ministers, counselors, and attaches with the rank and privileges of other ministers, counselors, and attaches in U.S. embassies and consulates, to: (1) provide trade and commercial services; (2) engage in the promotion of U.S. exports; (3) file semiannual reports to the Secretary on market, industrial, and commodity conditions in their districts and on the implementation of multilateral and bilateral trade agreements; and (4) maintain current data on the commercial standing and capacity of foreign firms within their districts. Provides for domestic assignment, office logistics, allowances and benefits of such ministers, counselors, and attaches. Directs the Comptroller General to report to Congress with any recommendations concerning: (1) the organization of international trading and financing programs in the United States; (2) the effectiveness of foreign export promotion programs; and (3) the trade activities of specified Federal agencies. Expresses the sense of Congress that the appropriate Congressional committees should review periodically the trade organization of the U.S. Government.
United States · United States Congress · 9 April 1981
Small Business Tax Incentives Act of 1981 - Title I: Amendment of Small Business Act - Amends the Small Business Act to define "small business," for Internal Revenue Code purposes, as an independently owned and operated business the gross revenue of which does not exceed $20,000,000 annually and the number of employees of which does not exceed 500. Title II: Corporate Tax Rate Reduction - Amends the Internal Revenue Code to reduce corporate income tax rates. Title III: Small Business Direct Expensing of Capital Items of Up to $25,000 Per Year - Allows a taxpayer to elect to treat expenditures paid or incurred by him during the taxable year (not to exceed an aggregate of $25,000, or $12,500 in the case of a married person filing a separate return) for depreciable tangible property as expenses not chargeable to capital account (thus deductible as current business expenses). Qualifies property with respect to which an election is made for the investment tax credit. Disqualifies property acquired from a related person or another component member of the same controlled group of companies. Title IV: Increase in Amount of Used Property Eligible for Investment Tax Credit - Increases from $100,000 to $300,000 the allowable cost of used property eligible for the investment tax credit. Title V: Allowable Subchapter S Corporation Shareholders Increased to 25 - Increases from 15 to 25 the permissible number of shareholders in a subchapter S corporation. Title VI: Incentives for Investing in Small Business - Allows a deduction for cash amounts transferred to a small business solely in exchange for equity interest in the small business. Increases the capital gains deduction. Reduces the alternative tax on capital gains on equity interests held for five years or more. Title VII: Exclusion from Estate Tax for Small Business Property and Equity Investments - Permits the exclusion of small business property which comprises 60 percent or more of the adjusted value of the gross estate from the gross estate of a decedent who at the time of death was a U.S. citizen. Limits the amount of such exclusion to $2,000,000. Imposes an additional estate tax in the event any interest in such property is disposed of or the property ceases to qualify for such treatment. Title VIII: Interest and Dividend Exclusion Increased to $2,000 - Increases from $200 to $2,000 (or from $400 to $4,000 in the case of married individuals filing jointly) the exclusion of interest and dividends from gross income. Makes such exclusion permanent. Title IX: Inventory Simplification and Reform - Eliminates the qualification requirement for the last-in, first-out (LIFO) method of accounting that a taxpayer use no inventory method for financial reporting or credit purposes other than the LIFO method. Allows a taxpayer who adopts the LIFO method to spread increases in taxable income attributable to such change over a ten-year period. Allows an election by small businesses which use the dollar method of pricing inventories under the LIFO method and which have average annual receipts of $5,000,000 or less for the three taxable years ending with the year of election to use one inventory pool for any trade or business. Permits a wholesaler or retailer who uses such method to elect the use of inventory pools based on the applicable Government price index categories for all items of inventory. Allows the use of such index categories in the pricing of inventories under such dollar-value methods. Allows an election to use a link chain or index method or compute the LIFO value of dollar-value pool without regard to suitability or practicality of any other method. Repeals the requirement, with respect to liquidation plans adopted after December 31, 1981, that a corporation inventorying goods under the LIFO method treat the LIFO recapture amount with respect to distributed inventory assets as gain from the sale of such assets. Allows an election by small businesses which are at least half-owned by active participants in the trade or business and which have average annual gross receipts of $1,500,000 or less for the three taxable years ending with the year of election to use the cash receipts and disbursements method of accounting without regard to any inventory requirements. Permits a taxpayer to reduce the value of a portion of excess inventory items held for more than 12 months. Sets forth a schedule for such reductions.
United States · United States Congress · 8 April 1981
Amends the Internal Revenue Code to increase from $3,000 to $16,500 the amount of the annual gift tax exclusion beginning in taxable year 1982. Provides for an annual inflation adjustment of such amount based on increases in the Consumer Price Index.
United States · United States Congress · 8 April 1981
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct that motor vehicle safety standards established by the Secretary of Transportation that require the installation of any automatic occupant restraint system in passenger cars: (1) shall not apply to cars manufactured before September 1, 1983; and (2) shall thereafter apply equally to passenger cars.
United States · United States Congress · 7 April 1981
Small Business Innovation Research Act of 1981 - Amends the Small Business Act to direct the Small Business Administration (SBA) to: (1) maintain an information program to provide small businesses an opportunity to participate in Federal small business innovation research (SBIR) programs; (2) coordinate a schedule for release of agency SBIR solicitations and prepare a master release schedule; (3) monitor SBIR programs within Federal agencies; and (4) report annually to the Congressional Small Business Committees on the SBIR programs. Requires each Federal agency with a research and development budget in excess of $100,000,000 in fiscal year 1982 or any subsequent fiscal year to spend a specified percentage of its budget in connection with an SBIR program. Requires each Federal agency with a research and development budget in excess of $20,000,000 for fiscal year 1982 or any subsequent fiscal year to establish specific goals for funding research and development agreements with small businesses. Directs each Federal agency with an SBIR program to report annually to the SBA the number of awards over $10,000 in amount made under the SBIR program and to concerns other than small business concerns. Directs the Administrator of the Office of Federal Procurement Policy, in conjunction with the SBA, to promulgate regulations for the conduct of the SBIR programs. States that this Act does not authorize the appropriation of funds.
United States · United States Congress · 7 April 1981
Amends the Federal Water Pollution Control Act to direct (currently authorizes) the Secretary of the Army, acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill material into navigable waters at a disposal site or sites specified by the applicant (currently specified by the Secretary), unless the Secretary determines that such site cannot be specified through the application of certain guidelines or other considerations. Limits the definition of "navigable waters" for purposes of such permits to mean all waters which are presently used or are susceptible to use in their natural condition as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark. Declares that the discharge of dredged or fill material in waters other than navigable waters (as limited by such definition) is not prohibited by or otherwise subject to regulation under any Act of Congress. Revises procedures for application of the provisions of this Act by a State requesting Federal jurisdiction over nonnavigable waters. Repeals provisions relating to State permit programs for the discharge of dredged or fill material into other types of navigable waters. Eliminates the qualifying phrase "to the maximum extent practicable" in the requirement that specified agreements between Federal agencies assure that decisions on permit applications be made within 90 days of published notice.
United States · United States Congress · 26 March 1981
Proclaims Raoul Wallenberg an honorary citizen of the United States. Requests the President to ascertain his whereabouts from the Soviet Union and to secure his freedom.
United States · United States Congress · 17 March 1981
Debt Collection Improvement Act of 1981 - Title I: Information Practices: Use of Consumer Reporting Agencies - Amends the Privacy Act of 1974 to permit a Federal agency to disclose records pertaining to an individual to a consumer reporting agency. Authorizes a Federal agency attempting to collect a claim under the Federal Claims Collection Act of 1966 to notify a consumer reporting agency that a person is responsible for a claim if: (1) the agency has sent a written notice informing the person that a consumer reporting agency will be contacted, describing the information to be disclosed, and explaining the person's right to dispute the agency's claim; (2) the person has not agreed to repay the claim or filed for review of the claim; (3) the agency has reviewed the claim, if requested; and (4) the agency has obtained assurances that the consumer reporting agency complies with Federal laws governing the provision of consumer credit information. Requires the Director of the Office of Management and Budget to establish regulations requiring each agency with outstanding debts to submit annual reports on the amount and number of such debts, the interest charged on such debts, the cost to the agency of collecting debts, and other information on the agency's debt collection activities. Requires the Director to report annually to Congress on the management of agency debt collection activities. Title II: Collection Practices for Defaulted Student Loans - Amends the Higher Education Act of 1954 to require the Secretary of Education to analyze, quarterly, the collection status of defaulted Federal, federally-guaranteed, and federally-insured student loans. Directs the Secretary: (1) to notify the borrower of a defaulted loan of the consequences of not repaying the loan; (2) to attempt to enter into a repayment agreement with the borrower; and (3) if such attempt is not successful within 180 days of the loan becoming defaulted, to engage a nonprofit collection agency to service the loan. Directs the Secretary to refer any loan which is not under a repayment agreement within one year after being placed with a collection agency, to: (1) the Attorney General if the projected outstanding balance exceeds $600; or (2) the Secretary of the Treasury for collection. Requires the Attorney General to establish procedures for the efficient collection of such loans. Amends the Internal Revenue Code of 1954 to require any borrower of a defaulted loan referred to the Secretary of the Treasury to pay the amount owed: (1) with income tax imposed for the year of the referral; or (2) by other methods prescribed by the Secretary of the Treasury. Grants the Secretary of the Treasury the same powers to assess and collect such defaulted loans as if such amounts were imposed income taxes, the collection of which would be jeopardized by delay. Exempts any such collection or assessment from review by a Federal court. Directs the Comptroller General to analyze the systems for collecting student loans established under this Act, and to submit to Congress recommendations for the application of these systems to the collection of other loans made, insured, or guaranteed by the Government. Title III: Collection of Child-Support Obligations - Directs the Secretary of Health and Human Services to certify the amount of child support obligations assigned to a State for collection by the Secretary of the Treasury without regard to whether a State agrees to reimburse the United States for collection costs. Shortens the period that collection of such an obligation is stayed after service of the notice and demand for payment in the case of the first delinquency assessment against an individual. Title VI: Higher Interest Charges During Periods of Default for All Federal Loan Programs - Requires each agency which administers a program providing direct Federal loans to include in any such loan a provision stating that the interest rate on the loan for each month during which the loan is in default may be increased to a rate equal to the Federal borrowing cost. Directs the Secretary of the Treasury to promulgate regulations for the uniform implementation of this title. Title V: Other Provisions Relating to the Collection of Federal Claims - Amends the Internal Revenue Code of 1954 to direct the Secretary of the Treasury, by January 15 of each year, to notify any person owing a debt (excluding student loans) to a Federal agency for the preceding year of the amount and method of payment of such debt. Requires such person to pay the debt with his or her income taxes or as prescribed by the Secretary. Grants the Secretary the same powers to assess and collect such debts as if such amounts were imposed income taxes, the collection of which would be jeopardized by delay. Permits the head of an agency to garnish an employee's wages to pay any debt owed to the United States because of an erroneous payment to the individual by another agency. Declares that the statute of limitations for actions brought by the United States for money damages shall not bar the Government from collecting money payable to an individual by administrative offset if the individual is provided with an opportunity for an administrative hearing subject to judicial review. Authorizes the Secretary to disclose a taxpayer's address to an agency or an agency contractor engaged in a proceeding to collect a Federal claim. Permits such agency or contractor to redisclose such information. Authorizes appropriations for the employment in the Internal Revenue Service of sufficient personnel to collect all Federal tax liabilities.
United States · United States Congress · 17 March 1981
Food Additives Amendment of 1977 - Amends the Federal Food, Drug, and Cosmetic Act to allow the use of a food additive found to induce cancer in animals if the Secretary of Health and Human Services determines that such food additive does not present a significant risk to human health. Directs the Secretary to consider certain factors in making such a determination.
United States · United States Congress · 17 March 1981
Business Accounting and Foreign Trade Simplification Act - Changes the name of the Foreign Corrupt Practices Act of 1977 (FCPA) to the Business Practices and Records Act. Amends the Securities Exchange Act of 1934 to require securities issuers to maintain an internal accounting system that provides reasonable assurance that specified accountability and accuracy goals are met. Establishes the degree of previous knowledge necessary to find liability for violations of the accounting standards. Requires only good faith efforts at ensuring compliance by issuers who hold 50 percent or less of the equity of domestic or foreign firms. Transfers from the Security and Exchange Commission to the Department of Justice jurisdiction to enforce the antibribery prohibitions of the FCPA with respect to issuers. Changes the jurisdictional basis of the current corrupt practices prohibition to prohibit bribery "with respect to activities in interstate or foreign commerce" (currently, the basis is use of the mails or interstate commerce "in furtherance" of bribery). Prohibits payments or promises made "directly or indirectly" by a domestic concern to a foreign official in order to obtain business. Prohibits such payments that are made to influence a foreign official's act or induce such an official to violate a legal duty. Prohibits domestic concerns from directing or authorizing such payments. Exempts from such prohibition any payment to a foreign official to facilitate or expedite performance of official duties and which is customary in the country where made. Enumerates additional exemptions, including items of value given in return for hospitality or in token of regard and esteem, and marketing or demonstration expenses pertaining to the business presentation. Empowers the Attorney General to undertake any civil investigation which is necessary to enforce the Act. Makes the provision in the Business Practices and Records Act the exclusive Federal law authorizing Federal proceedings against a domestic concern for using the mails or any instrumentality of interstate commerce to violate such Act. Requires an interagency task force to issue guidelines specifying permissible conduct and arrangements associated with common types of export sales arrangements and business contracts and precautionary procedures creating a rebuttable presumption of compliance. Provides for the establishment of a Business Practices and Records Act Review Procedure to answer specific inquiries concerning enforcement of such Act. Requires the Attorney General to issue opinions regarding compliance. Makes such opinions final and binding on all parties if the conduct does not involve a violation. Requires annual reports to Congress by: (1) the Attorney General concerning actions taken pursuant to such Act; and (2) the Chairman of the Securities and Exchange Commission concerning the reporting requirements. Expresses the sense of the Congress that the President should negotiate agreements establishing standards of conduct for international business practices, a resolution procedure, and rates of commissions. Directs the President to report to Congress concerning the progress of such negotiations. Requires Congress to review the Business Practices and Records Act after receiving the President's report. Directs the President to report to Congress on the legal and practical consequences of specific action that the United States could take under existing law to: (1) promote international cooperation to prevent bribery of foreign officials, candidates, or parties in third countries; and (2) encourage persons or businesses operating in foreign countries to refrain from bribing foreign officials, candidates, or parties to the disadvantage of U. S. industry. Requires the report to contain recommendations for new legislation and an analysis of the potential effect on U. S. interests of the corruption of foreign officials and political leaders.
United States · United States Congress · 13 March 1981
Expresses the sense of Congress that agricultural resources are of strategic importance to the United States' future. Calls for Federal cooperation with State and local governments and assistance to persons engaged in agriculture.
United States · United States Congress · 9 March 1981
Food Stamp Reform Act of 1981 - Amends the Food Stamp Act of 1977 to make individuals 19 years of age or over, with countable income and participating in the food stamp program as a member of an eligible household, liable for any benefits received in excess of an exempt amount. Sets forth the method of determining such amount and such liability. Requires the liability to be paid as if it were a personal income tax imposed by the Internal Revenue Code. Directs State agencies administering the food stamp program to notify such individuals before February 1 of each calendar year of the amount of coupons allotted to them and to notify the Secretary of the Treasury before March 1 of such amounts and the names and addresses of such individuals. Authorizes the Secretary of Agriculture to transfer sufficient appropriated funds to the Secretary of the Treasury to provide for the collection of assessed funds to the Secretary of the Treasury to provide for the collection of assessed liabilities. Provides for the distribution of such collected amounts to State administrative agencies. Makes technical and conforming amendments to the Food Stamp Act of 1977 and the Internal Revenue Code of 1954 consistent with provisions of this Act.
United States · United States Congress · 9 March 1981
Federal Lending Oversight and Control Act - Declares that the purpose of this Act is to provide a statutory basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Title I: Reports Regarding Federal Credit Activity - Requires the Secretary of the Treasury, not later than February 1 and August 1 of each year, in consultation with the Council of Economic Advisors, to transmit a report to both Houses of Congress regarding Federal credit activity during the previous six month period. Requires each such report to examine the relationship between Federal credit activity during the previous six-month period and: (1) the condition of the economy; (2) the availability and cost of credit in the private sector; and (3) the exercise of monetary and fiscal policy by the Federal Government. Amends the Federal Reserve Act to direct the Board of Governors of the Federal Reserve System, in their biannual reports to Congress concerning recent developments affecting economic trends in the Nation, to examine the effects of Federal credit activity on the availability and cost of credit in the private sector and on the exercise of monetary policy by the Board and the Federal Open Market Committee. Amends the Budget and Accounting Act of 1921 to require the President, in his annual budget statement to the Congress, to include all essential facts regarding direct lending by the Government and guarantees by the Government of the repayment of indebtedness incurred by another person or government. Title II: Changes in Congressional Budget Procedures - Amends the Congressional Budget Act of 1974 to require the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committee in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimate allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts. Title III: Amendments to House Rules - Amends rule X of the Rules of the House of Representatives to require each standing committee (other than the Committee on Appropriations and the Committee on the Budget) to review and make appropriate recommendations with respect to the consistency and uniformity of the different definitions, default provisions, policies, interest rates, and other terms and conditions relating to direct loan, loan insurance, and loan guarantee activities included in any laws of which the subject matter is within the jurisdiction of that committee. Title IV: Construction and Effective Dates - Sets forth the effective dates of the titles of this Act.
United States · United States Congress · 4 March 1981
Foreign Trade Antitrust Improvements Act of 1981 - Amends the Sherman Act to provide antitrust law exemptions for any conduct involving trade or commerce with a foreign nation unless such conduct substantially affects commerce within the United States or excludes a domestic person from trade or commerce with such nation. Exempts joint ventures limited to export trading from provisions of the Clayton Act which prohibit a corporation from acquiring the share capital or assets of another corporation to lessen competition or create a monopoly.
United States · United States Congress · 4 March 1981
Steel Industry Compliance Extension Act of 1981 - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to extend the date for compliance with emission limitation requirements by owners or operators of a stationary source in an iron and steel producing operation if: (1) the compliance date extension is necessary to allow the applicant to make capital investments in its operations to improve efficiency and productivity; (2) the funds freed by such extension will be used within two years for additional capital investments in the applicant's operations; (3) the Administrator and the applicant agree to a phased compliance program for each of the applicant's stationary sources; (4) the applicant has sufficient funds to comply with such program; (5) the applicant is in compliance with any existing Federal decrees applicable to its operations; and (6) the compliance date extension will not result in the degradation of air quality during the extension term. Prohibits the imposition of a noncompliance penalty under the Clean Air Act upon an owner or operator with a compliance date extension provided their stationary source remains in compliance with all the requirements of such extension. Makes available to the public all information obtained by the Administrator under this Act, subject to a specified exception. States that revision of a State implementation plan is not required because a compliance date extension has been granted if such plan would have met Clean Air Act requirements prior to the granting of such extension.
United States · United States Congress · 3 March 1981
Expresses the sense of Congress that Federal bank regulators should immediately begin to diminish the differences between the capital- to-assets ratios imposed on small- and medium-sized banks.
United States · United States Congress · 26 February 1981
Consumer Product Safety Amendments of 1981 - Requires the Consumer Product Safety Commission, before promulgating any consumer product safety rule, to prepare a regulatory impact analysis, including costs, benefits, and a description of alternative approaches. Requires the Commission, before promulgating any rule relating to a risk of injury with respect to which persons have adopted a voluntary safety standard, to find that: (1) compliance with the voluntary standard is not likely to eliminate or reduce the risk; or (2) substantial compliance with such standard is unlikely. Directs the Commission to assist public and private organizations in developing safety standards and test methods. Authorizes the Commission to offer training in product safety investigation and test methods. Establishes a Congressional veto procedure for consumer product safety rules. Provides that a rule not take effect if: (1) both houses of Congress adopt a concurrent resolution of disapproval within 90 calendar days of its promulgation; or (2) one House adopts such a resolution within 60 days and such resolution is not disapproved by the other House within 30 days of its transmittal. Prohibits the Commission from making a contribution to the cost of developing a proposed consumer product safety standard unless the contribution is made under an agreement. Imposes a ceiling of $15,000 on such payments per fiscal year. Eliminates the current provision which prohibits a product safety standard from requiring or incorporating a sampling plan. Requires any order of the Commission requiring a person to submit reports or answer questions prescribed by the Commission to contain a complete statement of the reason such information is required to carry out a function under the Act. Requires that such order place the least practicable burden on the recipient. Extends the authorization of appropriations for the Commission through fiscal year 1983.
United States · United States Congress · 25 February 1981
Potato Research and Promotion Amendments of 1981 - Amends the Potato Research and Promotion Act to revise the National Potato Promotion Board's assessment rate beginning with fiscal year 1982. States that the failure of potato producers to approve an amendment to any research and promotion plan shall not invalidate the existing plan.
United States · United States Congress · 25 February 1981
Extends the period during which funds appropriated for grants by the Veterans' Administration for the establishment and support of new State medical schools may be expended.
United States · United States Congress · 25 February 1981
Amends the Energy Policy and Conservation Act to extend from March 15, 1981, to March 15, 1982: (1) the authority for oil companies to carry out voluntary agreements for implementing the allocation and information provisions of the international energy program; and (2) the antitrust exemption for oil companies participating in such program.
United States · United States Congress · 25 February 1981
Amends the Internal Revenue Code to redefine capital gains and losses so as to eliminate the one year holding period requirement for capital gains tax treatment. Removes such requirement for property used in a trade or business. Revises the tax treatment of capital losses.
United States · United States Congress · 25 February 1981
Expresses the sense of Congress that the Secretary of the Army should construct and place in Arlington National Cemetery a plaque honoring members of the United States Armed Forces who died attempting to rescue the American hostages in Iran.
United States · United States Congress · 24 February 1981
Steel Industry Compliance Extension Act of 1981 - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to extend the date for compliance with emission limitation requirements by owners or operators of a stationary source in an iron and steel producing operation if: (1) the compliance date extension is necessary to allow the applicant to make capital investments in its operations to improve efficiency and productivity; (2) the funds freed by such extension will be used within two years for additional capital investments in the applicant's operations; (3) the Administrator and the applicant agree to a phased compliance program for each of the applicant's stationary sources; (4) the applicant has sufficient funds to comply with such program; (5) the applicant is in compliance with any existing Federal decrees applicable to its operations; and (6) the compliance date extension will not result in the degradation of air quality during the extension term. Prohibits the imposition of a noncompliance penalty under the Clean Air Act upon an owner or operator with a compliance date extension provided their stationary source remains in compliance with all the requirements of such extension. Makes available to the public all information obtained by the Administrator under this Act, subject to a specified exception. States that revision of a State implementation plan is not required because a compliance date extension has been granted if such plan would have met Clean Air Act requirements prior to the granting of such extension.
United States · United States Congress · 24 February 1981
Requires the Federal Government and persons conducting federally assisted programs, projects, and activities to pay interest to business concerns for overdue sales and lease agreement payments not made by the thirtieth day after the bill for such payment is received. Specifies the procedure for computing such interest. Stipulates that overdue payments for meat, groceries, and perishables shall be determined in accordance with terms commonly offered meat, grocery, and perishable industries. Entitles the Government and such persons to early payment discounts only if payments are made within the prescribed periods.
United States · United States Congress · 24 February 1981
Adds three members to the Advisory Commission on Intergovernmental Relations. Directs the President to appoint the three members from a panel of at least six elected town officials submitted by the National Association of Towns and Townships.
United States · United States Congress · 23 February 1981
Amends the Internal Revenue Code to allow business enterprises engaged in the manufacture, importation, distribution, lease or sale of any product for which product liability may be incurred an income tax deduction for amounts paid to its product liability loss reserve account and to its captive insurer (wholly or partially-owned by the business). Limits the availability of such deduction to businesses with a severe product liability insurance problem, as defined by this Act. Sets forth a formula for determining the maximum allowable amount of the deduction. Disallows a deduction for product liability losses which do not exceed the sum of the amount in the product liability loss reserve account of the taxpayer at the beginning of the taxable year, plus the total amount of deductible payments to such account. Requires the recapture of amounts deducted if funds from a product liability loss reserve account are used for an unauthorized purpose.
United States · United States Congress · 18 February 1981
Education Reorganization Act of 1981 - Title I: Establishment of the Department - Establishes an Executive department to be known as the Department of Health, Education, and Welfare (HEW), to be administered by a Secretary, appointed by the President with the advice and consent of the Senate. Sets forth provisions for the principal officers of such Department. Title II: Transfer of Agencies and Functions - Transfers to the Secretary all functions of the Secretary of Health and Human Services. Transfers to the Department all offices of the Department of Health and Human Services. Transfers to the Secretary and to the Department all functions and all offices of the Secretary of Education and of the Department of Education, except for specified functions and offices relating to the operation of overseas schools for military dependents, which are transferred to the Secretary of Defense and the Department of Defense. Title III: Administrative Provisions - Authorizes the Secretary to: (1) appoint offices and employees to carry out the functions of the Secretary and the Department; and (2) obtain, as provided in appropriation Acts, the services of experts and consultants. Directs the Secretary, by the end of the first fiscal year beginning after the enactment of this Act, to submit to the President and the Congress legislative recommendations for redesignating or replacing HEW programs so that such programs can be administered by fewer personnel. Requires that the sum of the number of full-time permanent positions that perform functions to be transferred to the Department by this Act, plus the full-time equivalent of the number of experts and consultants hired, be reduced by one thousand by the end of the second such fiscal year and not increased thereafter. Sets forth general administrative provisions for the Department, including those relating to general authority, delegation, reorganization, rules, contracts, regional and field offices, acquisitions and maintenance of authority, facilities at remote locations, use of facilities, copyrights and patents, gifts and bequests, technical advice, working capital fund, funds transfer, seal of department, and annual report. Authorizes appropriations for the Department for fiscal year 1982 and succeeding fiscal years. Title IV: Transitional, Savings, and Conforming Provisions - Sets forth provisions relating to the transfer and allocation of appropriations and personnel, the effect on personnel, agency terminations, and incidental transfers. Sets forth: (1) savings provisions; (2) provisions for separability; (3) conforming references, amendments, and redesignations; and (4) transition provisions. Title V: Effective Date and Interim Appointments - Sets forth the effective date for the provisions of this Act. Provides for interim appointments under specified conditions.
United States · United States Congress · 5 February 1981
Administrative Rulemaking Reform Act - Directs a Federal agency preparing to hold a rulemaking session to make a reasonable effort to inform those likely to be affected by the proposed rulemaking. Requires the notice of rulemaking to include: (1) the projected effective date of the rules; (2) the purpose of the rulemaking; (3) the text of the proposed rules; and (4) the studies on which the agency intends to rely in the rulemaking proceedings. Requires public notice and public opportunity for comment on all rulemaking proceedings unless the agency finds that proposed rules are emergency rules or are of routine or insignificant impact. Requires Federal agencies to give interested persons at least 45 days to participate in the rulemaking. Provides for agency hearings to receive oral comments, and procedures to resolve significant controversies over factual issues. Requires each agency to maintain a public file of all relevant material and required statements for each rulemaking. Prohibits adoption of a proposed rule that has been revised substantially unless interested persons are provided an opportunity to comment on such revisions. Sets forth an expedited rulemaking procedure for rules to replace emergency rules. Directs each agency to submit a copy of each promulgated rule to each House of Congress. Declares that no rule, excluding an emergency rule, shall become effective if: (1) both Houses of Congress adopt a concurrent resolution disapproving it within 90 days of continuous session of Congress; or (2) one House adopts such a resolution within 60 such days and the other House does not disapprove such resolution within 30 days thereafter. Authorizes either House to adopt a resolution directing an agency to reconsider and repromulgate a newly promulgated rule or an existing rule within a specified period. Provides that if such agency fails to act such rule shall lapse. Directs the Administrative Conference of the United States to study and report on the effects on rulemaking of the Congressional review provisions of this Act. Authorizes appropriations for such study. Directs a court reviewing an agency rule to set aside any rule found to be unwarranted by material in the rulemaking file.
United States · United States Congress · 5 February 1981
Stipulates that the payment of retired or retainer pay which would otherwise be made to a member of the armed forces shall be paid by the Secretary concerned to another person to the extent provided for in the terms of any court decree of divorce, annulment, or legal separation.
United States · United States Congress · 5 February 1981
National Service Act - Declares that the purpose of this Act is to establish a program under which all citizens of the United States between the ages of 18 and 30 are requested to perform one or two years of either military or civilian service, but in which no one is required to serve except to the extent that the needs of the military require that some persons be inducted for military training and service. Title I: National Service System - Declares that it is the obligation of each citizen to perform some service for the United States and that to fulfill this obligation each citizen between the ages of 17 and 24 shall perform suitable civilian service, enlist in the armed forces, or be subject to induction into the armed forces. Establishes within the executive branch an independent agency to be known as the National Service System to be headed by a Director appointed by the President with the advice and consent of the Senate. Provides that such System shall include at least one placement center in each county or comparable political subdivision in each State and there shall be at least one appeals board in each State. Requires each citizen within ten days after becoming 17 years of age to register at his or her local placement center. Requires citizens who are between the ages of 17 and 21 on the effective date of this Act and who are not already registered under the Military Selective Service Act to register within six months of the effective date of this Act. Requires registrants at least ten days before reaching the age of 18 to notify their local placement center of their election to enlist in the armed forces, to participate in the military lottery, or to participate in the civilian service program as well as what age the registrant will begin such service. States that the age for beginning such service shall be not less than 18 years nor more than 23 years of age. Stipulates that individuals who fail to begin their service at such time shall be placed in a lottery pool and shall be liable for a period of six years induction into the armed forces. Stipulates that individuals who elect to enlist in the armed forces but who are not accepted by the age of 25 solely because the manpower needs of the armed forces have already been met will be considered to have discharged their obligation to perform service under this Act. Sets forth the conditions under which an individual may be exempted from the provisions of this Act. Sets forth legal proof requirements for conscientious objectors. Sets forth conditions for deferring participation in the military lottery and the civilian service program. Sets forth registrant classification and reclassification procedures. Sets forth procedures for appeal of a classification or the denial of a request for a change in classification. Sets forth active training and service requirements for individuals who enlist or are inducted into the armed forces or who elect to participate in civilian service pursuant to this Act. Establishes procedures for conducting the military lottery. Specifies the order for induction for training and service in the armed forces in the event of war. Sets forth the rates of monthly basic pay for members of the uniformed services. Transfers the personnel and funds of the Selective Service System to the National Service System. Provides criminal penalties for individuals who refuse to register in the National Service System as required or who fail to report for induction when ordered to do so. Title II: National Youth Service Foundation - Creates the National Youth Service Corps for those registrants in the National Service System electing to perform civilian service. Establishes within the executive branch an independent agency to be known as the National Youth Service Foundation. Empowers such Foundation to administer the National Youth Service Corps and to make grants to units of State and local government in order to provide employment opportunities for civilian service registrants in the Corps. Provides for a Board of Trustees of the Foundation to be appointed by the President. Provides for the appointment of a Director of the Foundation by the President with the advice and consent of the Senate. Sets forth the duties of registrants who have elected to perform civilian service. Requires each registrant who has located a position in which to perform civilian service to perform satisfactory service for a period of one year. Designates as "sponsors" those persons and units of State, local, and regional government that have positions available in which civilian service registrants may perform service. Requires each sponsor to provide supervision and training to civilian service registrants in accordance with minimum standards to be prescribed by the Board. Stipulates that civilian service registrants shall be paid a subsistence stipend determined by the Board based upon the local cost-of-living of the geographic area. Requires any civilian service registrant who withdraws or is dismissed from a civilian service position to report to the local placement center nearest to the registrant's current place of residence for reassignment within ten days of a Board's determination that the registrant is to continue in the civilian service. Requires that any civilian service registrant who is not able to find a position in a qualified service category or who fails to complete satisfactorily a year of service shall perform such service, or complete such year of service, in the Young Adult Conservation Corps or shall be placed in the military lottery pool. Authorizes the Board to promulgate regulations designating specific service categories as qualified service categories in which civilian service registrants may serve for the purposes of this Act. Sets forth the conditions under which an activity shall be deemed to be a qualified service category pursuant to this Act. Delineates suitable service categories to include positions in: (1) the Foundation and State, local, and regional government agencies; (2) schools; (3) nonprofit hospitals; (4) law enforcement agencies; (5) penal and probation systems; (6) private, nonprofit organizations whose principal purpose is social service; and (7) certain seasonal farm labor on commercial farms. Stipulates that suitable service categories may not include positions in: (1) profitmaking business organizations; (2) labor unions; (3) partisan political organizations; (4) organizations engaged in religious functions, unless the position itself does not involve any religious functions; and (5) domestic or personal service companies or organizations. Requires the Board to solicit information from sponsors who are authorized to participate in the civilian service program with regard to the types and impact of positions available for civilian service registrants. Provides for Board certification of specific positions as qualified for civilian service. Sets forth limited appeal procedures for sponsors or registrants who are adversely affected by decisions of the Board relating to the suitability of a specific position for civilian service pursuant to this Act. Requires that sponsors provide civilian service registrants with the same hours of work and leave as they afford their new employees. Directs the Board to contract for health care plans for registrants and to prescribe how the costs of such health care shall be borne by registrants and by sponsors. Stipulates that registrants shall not be considered Federal employees except for purposes of specified laws. Requires sponsors to submit annual reports to the Board regarding the number of, and reason for, registrants leaving service with such sponsor. Sets forth the conditions under which an individual may be dismissed from civilian service by a sponsor. Stipulates that registrants who are dismissed for cause shall be deemed to have elected to participate in the next military lottery. Authorizes the Board to make grants to units of State and local government for: (1) paying stipends to registrants; (2) encouraging local private persons and other governmental entities to become sponsors in the civilian service program; and (3) such other purposes as the Board may authorize to carry out the provisions of this title. Establishes the National Advisory Council on Youth Service to advise the Board on policy matters relating to the administration of this title. Title III: Veterans Benefits - Entitles individuals who volunteer or who are inducted into the armed forces pursuant to this Act to specified educational benefits. Title IV: Miscellaneous Provisions - Repeals the Military Selective Service Act.
United States · United States Congress · 5 February 1981
Amends the Internal Revenue Code to permit married individuals filing separate income tax returns an election to be taxed at rates applicable to unmarried individuals.
United States · United States Congress · 5 February 1981
Requests the Securities and Exchange Commission and the Secretary of Commerce each to report to Congress on the impact on the U.S. economy of the acquisition of U.S. companies by foreign nationals.
United States · United States Congress · 4 February 1981
Amends the Housing and Community Development Act of 1980 to prohibit the Secretary of Housing and Urban Development from providing housing assistance for the benefit of any alien unless such alien is a U.S. resident and either admitted for permanent residence or lawfully present in the United States under specified conditions (including admission as an asylee or a refugee, or because his or her deportation has been withheld).
United States · United States Congress · 3 February 1981
Amends the Federal Mine Safety and Health Amendments Act of 1977 to provide that provisions of such Act shall not apply to: (1) any surface sand or gravel, stone, or clay mine; or (2) any surface structure or road, if constructed by employees not engaged in mining.
United States · United States Congress · 3 February 1981
Requests the Securities and Exchange Commission and the Secretary of Commerce each to report to Congress on the impact on the U.S. economy of the acquisition of U.S. companies by foreign nationals.
United States · United States Congress · 30 January 1981
Emergency Automobile Regulatory Relief Act of 1981 - Directs the President to require the head of each Federal agency that has authority to regulate specified aspects of the manufacture, distribution, or sale of automobiles to review and evaluate regulations affecting the automobile industry. Requires the revision or repeal of duplicative, obsolete, or inadequate regulations within 90 days of the date of enactment of this Act.
![Official portrait of Rep. Brown, Clarence, Jr. [R-OH-7]](https://www.congress.gov/img/member/b000910_200.jpg)