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Official portrait of Rep. Broyhill, James T. [R-NC-10]

Rep. Broyhill, James T. [R-NC-10]

United States · Official source

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1,256 records where Rep. Broyhill, James T. [R-NC-10] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 4243 (97th)open

National Tourism Policy Act

United States · United States Congress · 23 July 1981

National Tourism Policy Act - Title I: National Tourism Policy - Directs the Federal Government to cooperate with State and local governments and other organizations to implement a national tourism policy designed to promote the economic, educational, and intercultural contributions of the U.S. tourism industry. Title II: Tourism Policy Council: Tourism Advisory Board - Establishes as an interagency coordinating council the Tourism Policy Council. Directs the Secretary of Commerce to establish a Tourism Advisory Board to represent the views and needs of the tourism industry in the implementation of the national tourism policy established by this Act. Title III: Amendments to the International Travel Act - Amends the International Travel Act to make the purpose of such Act the strengthening of U.S. domestic and foreign commerce through the implementation of the international aspects of the national tourism policy established under this Act. Directs the Secretary of Commerce to submit annually to Congress a tourism development plan to stimulate travel to the United States and to implement the international aspects of such national tourism policy. Authorizes appropriations for fiscal years 1981 through 1983 to carry out such Act. Eliminates the reduction of employees in the District of Columbia offices of the U.S. Travel Service. Title IV: Program Management and Coordination - Authorizes the Secretary of Commerce temporarily to direct the Assistant Secretary of Commerce for Tourism to report through the Under Secretary of Commerce for International Trade. Makes such authority permanent unless Congress enacts a joint resolution to the contrary.

Bill· HRH.R. 4184 (97th)open

A bill to amend title II of the Social Security Act to provide penalties for the misuse of social security numbers.

United States · United States Congress · 16 July 1981

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to impose criminal penalties for the alteration, purchase or sale, or counterfeiting of a social security card or for possession of a social security card or counterfeit social security card with intent to sell or alter.

Bill· HRH.R. 4145 (97th)referred

A bill to amend the Securities Exchange Act of 1934 to provide uniform margin requirements in transactions involving the acquisition of securities of certain United States corporations by non-United States persons where such acquisition is financed by non-United States lenders, to specify a private right of action for violations of margin requirements, and for certain other purposes.

United States · United States Congress · 15 July 1981

Amends the Securities Exchange Act of 1934 to prohibit certain credit transactions for the acquisition of securities of United States corporations by either United States or non-United States persons where such a transaction is financed by either United States or non-United States lenders if such a transaction is or could be prohibited if it has been made or has otherwise occurred in a lender's office or other place of business in a State. Permits the Board of Governors of the Federal Reserve System to exempt any class of persons from the application of such regulation. Sets forth the private right of action for violations of such margin requirements. Applies the provisions of this Act to any purchase or carrying of securities on or after July 16, 1981, if the loan or extension of credit involved originated, or if the loan proceeds used to purchase or carry such securities were disbursed, on or after such date.

Resolution· HRESH.Res. 176 (97th)referred

A resolution urging the Congress to authorize funding of the Headstart Program.

United States · United States Congress · 10 July 1981

Expresses the resolve of the House of Representatives that the Congress should authorize appropriations for the Head Start program for a specified sum for fiscal year 1982 and for such sums as necessary for fiscal years 1983 and 1984.

Bill· HRH.R. 3973 (97th)open

Postal Service Amendments of 1981

United States · United States Congress · 18 June 1981

Postal Service Amendments of 1981 - Authorizes the United States Postal Service to issue written demands requiring access to books, records, documents, or other objects believed to relate to any postal offense or civil matter under investigation by the Postal Service. Provides for the enforcement of such a demand by the appropriate district court. Authorizes the Postal Service to issue an order requiring any person to cease and desist from conducting a lottery or scheme for obtaining money or property by false representations through the mail. Declares that the resumption of such an activity through the use of any instrumentality of interstate commerce shall be considered to be a failure to comply with such order. Permits the Postal Service, in investigating whether a person is conducting such an activity, to tender the price of any article or service that such person has offered for sale. Declares that failure by such person to provide such article or service, or failure to comply with a written demand of the Postal Service for access to materials, shall constitute probable cause to believe such person is engaged in such activities, warranting the detention of such person's incoming mail. Establishes a civil penalty to be assessed by the Postal Service, after an opportunity for an agency hearing, against any person who: (1) attempts to evade an order directing the postmaster to return mail addressed to such person; (2) fails to comply with a cease and desist; or (3) assists another person in evading such an order.

Bill· HRH.R. 3745 (97th)referred

Consumer Product Safety Amendments of 1981

United States · United States Congress · 1 June 1981

Consumer Product Safety Amendments of 1981 - Amends the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act to revise the procedures governing the promulgation of consumer product safety standards. Requires the Consumer Product Safety Commission to make a preliminary determination, with notice, that a standard is necessary. Eliminates the Commission's authority to develop a standard without making an invitation to interested persons. Requires the Commission to invite the development of a voluntary standard if, as a result of the preliminary notice, either no standard is submitted or the Commission determines that a standard which has been submitted would not reduce risk of injury or result in compliance. Requires the Commission to terminate a rulemaking proceeding upon a determination that a voluntary standard submitted as the result of such invitation is likely to eliminate or adequately reduce risk of injury. Authorizes the Commission to develop a proposed consumer product safety rule only if the voluntary standard would not reduce risk of injury or result in compliance. Amends the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act to require 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 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. Stipulates that the Commission shall assist public and private organizations in the development of safety standards and test methods "to the extent feasible." 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 person as is practicable taking into account the order's purpose. 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. Deems as confidential and prohibits the disclosure of information obtained by the Commission which is not in the public domain or which the Commission in good faith has obligated itself not to disclose. Repeals the provision authorizing interested persons to petition the Commission for issuance, amendment, or revocation of a consumer product safety rule. Requires the Commission to obtain a search warrant before entering a facility for inspection purposes. Establishes a Chronic Hazards Advisory Panel to advise the Commission respecting the chronic hazards of cancer, birth defects, and gene mutations presented by consumer products. Prohibits the Commission from issuing any notice of proposed rulemaking relating to risk of cancer, birth defects, or gene mutations unless the Panel has reported that a product contains a carcinogen, mutagen, or teratogen. 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 24 months after the standard becomes effective. Prohibits the Commission from amending the standard as changed before such date. Amends the Consumer Product Safety Act to exclude as "consumer products" for the purposes of such Act amusement park rides which are permanently fixed to a site. Provides that voluntary standards adopted by the Commission shall preempt any State or local regulation as to the performance, design, or labeling of the product. Amends the Federal Hazardous Substances Act to review the current provision requiring that a hazardous substance sold by a manufacturer, distributor, or dealer be repurchased. Authorizes the Commission to order a manufacturer, distributor, or dealer to give public or private notice of the hazardous substance, or to repair, replace, or refund the price of such substance. Requires an adjudicative hearing in accordance with the Administrative Procedures Act for the issuance of any order to repair, replace, or refund a hazardous substance. Extends the authorization of appropriations for the Consumer Products Safety Commission in the reduced amounts of $33,000,000 for fiscal year 1982, $35,000,000 for fiscal year 1983, and $37,000,000 for fiscal year 1984.

Bill· HRH.R. 3725 (97th)open

Health Care Financing Amendments of 1981

United States · United States Congress · 28 May 1981

Health Care Financing Amendments of 1981 - Title I: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to set a limit on the authorization of appropriations for Medicaid for fiscal year 1981 and succeeding fiscal years (presently, a sum sufficient to carry out the program is authorized), except for funding to eliminate fraud and funding to pay States' claims for Medicaid expenditures prior to October 1, 1981. Apportions funds to States according to the ratio of each State's estimated Medicaid expenditures compared to the estimated expenditures of all States for fiscal year 1981. Authorizes separate funding for mechanized claims processing and information retrieval systems. Prohibits payment for any fiscal year 1980 State expenditure unless a claim is filed by October 1, 1981, except in exceptional circumstances. Makes various waivers and modifications of Medicaid program requirements. Eliminates all requirements with respect to eligibility and benefits of the medically needy, and all requirements (other than mandatory services for the categorically needy) to provide equal benefits to all medically needy and categorically needy (mainly individuals receiving cash assistance under the Social Security Act). Maintains the requirement of a State to provide all mandatory services to the categorically needy, but permits a State to use reasonable criteria in determining benefits and eligibility for other needy individuals. Replaces the present requirement that Medicaid beneficiaries be afforded the freedom to choose a provider with a requirement to provide standards reasonably expected to give recipients adequate quality care. Repeals certain requirements with respect to: (1) utilization review and control; and (2) the amount and method of provider reimbursement. Revises requirements for Medicaid management information systems. Permits the waiver of certain State plan requirements if a State demonstrates that it has established alternative methods which can be expected to achieve the same goal. Provides personal care services to individuals who, without them, would require institutionalization. Increases Federal funding for automated eligibility assessment systems. Provides that disputed overpayments to a State which were disallowed by the Secretary of Health and Human Services will be recovered by the Secretary rather than retained by the State pending final determination. Permits a State to attribute to an alien the income and resources of the alien's sponsor for purposes of determining the alien's eligibility for Medicaid, if such alien seeks Medicaid within three years of entry into the United States. Title II: Medicare - Amends title XVIII (Medicare) of the Act to provide that contracts for the administration of benefits could be entered into with any public or private entity. Permits payments to providers on other than a reasonable cost or reasonable charge basis. Permits competitive bidding on contracts for the administration of benefits. Eliminates the requirement for a Railroad Retirement Board carrier contract. Repeals the 12-month statutory limitation on agreements with skilled nursing facilities. Prohibits payment for general routine care, including nursing care, of inpatients in hospitals and skilled nursing facilities above a certain amount (determined according to formula) unless it is demonstrated that the cost of caring for Medicare patients is more costly than caring for other patients. Permits the Secretary to withhold payments under Medicare to any Medicaid provider from which Medicaid overpayments cannot be recovered or from which information necessary to determine overpayments cannot be collected. Limits home health services to 100 visits annually under part A (Hospital Insurance) and 100 visits annually under part B (Supplementary Medical Insurance) of title XVIII. Eliminates the need for occupational therapy as a basis for entitlement to home health services. Eliminates part A coverage of alcohol detoxification facility services. Eliminates part B coverage of comprehensive outpatient rehabilitation services. Reduces from $500 to $100 the annual limit for outpatient physical therapy services. Eliminates coverage for hospitalization required solely because of the severity of a dental procedure. Restricts enrollment under part B to the first quarter of each calendar year. Provides, under part B, that with respect to State agreements for coverage of eligible individuals who are receiving money payments under a public assistance program, coverage extended to additional groups of individuals under an agreement requested by a State during 1981 shall not extend to items and services furnished under part B after the second month of enactment. Repeals the requirement for end-stage renal disease networks. Eliminates the temporary delay for the last 21 days of fiscal year 1981 in periodic interim payments to hospitals. Repeals utilization review requirements. Eliminates Medicare coverage for pneumococcal vaccine. Title III: Other Provisions - Amends part A (General Provisions) of title XI of the Act to set forth civil penalties for Medicare and Medicaid fraud. Sets forth the procedures for appealing the Secretary's determination of fraud. Permits the Secretary to deny further participation in Medicare or Medicaid to any individual against whom a final determination of fraud has been reached. Repeals the requirement under part A (Aid to Families with Dependent Children) of title IV of the Act that a State notify AFDC families of the availability of child health screening and treatment services under Medicaid. Amends part B (Professional Standards Review) of title XI of the Act to permit the Secretary to enter into an agreement with a Professional Standards Review Organization (PSRO) for less than 12 months. Prohibits judicial review of the termination of an agreement by the Secretary. Eliminates the requirement that the Secretary provide a formal hearing to terminate a PSRO agreement. Permits the Secretary to terminate an agreement upon giving 90 days notice. Abolishes the Statewide Professional Standards Review Councils. Changes the authority of the Secretary with respect to funding PSRO's from mandatory to discretionary. Permits a State to withdraw its Medicaid program from participation in the professional standards review program. Repeals requirements that the Secretary carry out specified studies and demonstration projects. Amends titles I (Old Age Assistance), IV (Part A), X (Aid to Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI (Supplemental Security Income) of the Act to repeal obsolete authority to provide medical assistance, such authority having been replaced by Medicaid.

Bill· HRH.R. 3723 (97th)referred

Health Professions Personnel Amendments of 1981

United States · United States Congress · 28 May 1981

Health Professions Personnel Amendments of 1981 - Amends the Public Health Service Act to eliminate authorities for: (1) capitation and construction grants for health professions facilities; and (2) start-up assistance. Eliminates the enrollment maintenance requirement for facilities already receiving assistance. Makes such requirement discretionary for nursing facilities. Authorizes appropriations for fiscal years 1982-1984 for financial distress assistance. Consolidates such assistance authority. Limits a grant to 75 percent of last year's amount. Prohibits a school from receiving more than three grants after fiscal year 1981. Authorizes appropriations for fiscal years 1982-1984 for the Health Education Assistance Loans Program. Makes nursing students eligible for them. Increases the annual and aggregate loan limits available to other health professions students. Permits the Secretary of Health and Human Services to repay part of a loan for a person practicing in a health manpower shortage area. Repeals the 50 percent limit on loan recipients in a given class. Permits (rather than requires) the Secretary to make loan repayments for service in health manpower shortage areas. Authorizes the Secretary to collect defaulted loans. Eliminates certain restrictions on loan amounts, interest, and penalties. Authorizes appropriations for fiscal years 1982-1984 for the National Health Service Corps (NHSC). Authorizes the payment of certain travel expenses. Authorizes appropriations for fiscal years 1982-1984 for NHSC scholarships. Authorizes appropriations through fiscal year 1987 for students already receiving scholarships. Permits service obligations to be fulfilled under the Departments of Health and Human Services or Defense, the Veterans' Administration, or State or local entities. Eliminates the freshman priority. Permits the Secretary to release persons from NHSC service if they agree to pay back from one to three times the amount of scholarship money they received. Allows the private practice option to be used in any health manpower shortage area specified by the Secretary. Authorizes special grants to encourage private practice in health manpower shortage areas. Requires a two-year minimum commitment. Gives priority to NHSC obligees. Limits grants to a maximum of $25,000. Authorizes appropriations for fiscal years 1982-1984 for: (1) public health and health administration training; (2) family medicine; (3) Area Health Education Centers; (4) physician assistant training; (5) primary care training; (6) disadvantage student assistance; (7) nurse training; (8) preventive medicine; (9) remote site training; (10) allied health disease prevention and health promotion; (11) veterinary medicine; (12) continuing education; and (13) podiatry. Consolidates the National Advisory Councils on Health Professions Education, Nurse Training, and the National Health Service Corps. Eliminates advisory council review of health professions personnel grants and contracts. Authorizes the use of health professions funds for technical assistance. Amends the Immigration and Nationality Act to permit a foreign exchange visitor in a graduate medical course or training program to stay for the time normally required to complete such work (currently two years with a one year extension). Eliminates specified regulations requirements.

Bill· HRH.R. 3724 (97th)referred

Health Amendments of 1981

United States · United States Congress · 28 May 1981

Health Amendments of 1981 - Amends the Public Health Service Act to eliminate the National Center for Health Care Technology and the National Council on Health Care Technology. Transfers certain health care technology activities to the renamed National Center for Health Care Technology and Health Services Research. Authorizes the Secretary of Health and Human Services to participate in international health care technology activities. Authorizes (rather than requires) the Secretary to carry out health technology activities and fund health services research centers. Authorizes appropriations for fiscal years 1982-1984 for health research and technology and health statistics. Permits approval without peer review of research and technology grants of $50,000 or less (currently $35,000 or less). Repeals: (1) the authority establishing the Cooperative Health Statistics System; and (2) the requirement that the Secretary, acting through the National Center for Health Statistics, develop executive guidelines concerning the effect of employment conditions and the environment on public health. Makes discretionary (currently mandatory) the Secretary's authority to train persons in the areas of health statistics, research and technology. Limits the release of health statistics, research, or technology information. Authorizes appropriations for National Research Service Awards for fiscal years 1982-1984. Directs that special consideration be given to physicians who agree to do at least two years of biomedical research. Exempts the first 12 months of service from the payback provision. States that such Awards cover tuition and fees. Permits a recipient to meet his or her service obligation by working for a Federal agency or State or local entity if authorized by the Secretary. Eliminates the service obligation for undergraduate recipients. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to: (1) eliminate the provision establishing the Agency for Toxic Substances and Disease Registry; (2) require the Secretary to provide technical assistance and advice to the Environmental Protection Agency relating to toxic substances. Amends the Public Health Service Act to broaden the Secretary's authority to engage in cooperative health endeavors. Increases from 45 days to six months the maximum time period for aiding States or localities during health emergencies. Requires the Secretary to consider State, local, or private resource sources in determining the amount of such assistance. Authorizes appropriations for fiscal years 1982-1984 for: (1) immunization programs; and (2) medical libraries. Makes discretionary (currently mandatory) the Secretary's authority to make grants for special scientific projects and for research and development in medical library science. Makes additional special pay for Public Health Service Commissioned Corps physicians discretionary. Revises language regarding Hansen's disease (leprosy). Permits treatment in non-Public Health Service facilities. Eliminates or reduces specified health reporting requirements.

Bill· HRH.R. 3636 (97th)referred

Farm Labor Contractor Registration Act Amendments of 1981

United States · United States Congress · 20 May 1981

Farm Labor Contractor Registration Act Amendments of 1981 - Amends the Farm Labor Contractor Registration Act of 1963 to exempt from the definition of "farm labor contractor": (1) any agricultural employer who recruits and hires migrant workers for such person's own agricultural operation (currently the employer must personally engage in such hiring); (2) bona fide employees who perform such activity for their employer (currently full-time or regular employees who engage only incidentally in such activity); (3) any person who supplies students or other persons whose principal occupation is nonagricultural to perform certain seed industry work (currently only applies to corn and sorghum with a maximum four-week work period); and (4) nonprofit or cooperative associations of farmers, growers, or ranchers and their employees. Defines the terms "for such person's own operation" and "bona fide employee" for purposes of such Act. Redefines "migrant worker" to mean a seasonal or temporary agricultural worker who cannot normally return to his or her domicile after each working day (currently anyone employed in agriculture).

Bill· HRH.R. 3645 (97th)referred

Elementary and Secondary Education Consolidation Act of 1981

United States · United States Congress · 20 May 1981

Elementary and Secondary Education Consolidation Act of 1981 - Title I: Financial Assistance to Meet Special Educational Needs - Authorizes appropriations for fiscal years 1982 through 1986 to provide financial assistance to States and local educational agencies to improve educational achievement, especially in basic skills and career preparation, for educationally deprived children, handicapped children, children in schools undergoing desegregation, migratory children, children in institutions for neglected or delinquent children or in adult correctional institutions, and adults lacking basic skills. Sets forth new formulas, based on low-income and school age populations, by which the Secretary of Education shall allot sums appropriated under this title to: (1) specified territories and possessions of the U.S.; (2) the Secretary of the Interior for special educational needs of Indian children on reservations; and (3) States, including the District of Columbia and Puerto Rico, for grants to local educational agencies and for the needs of specified groups for which the State has responsibility. Sets forth transitional formulas for such assistance for fiscal years 1982 and 1983, based on previous assistance received under the Elementary and Secondary Education Act, the Education of the Handicapped Act, the Emergency School Aid Act, and the Adult Education Act. Sets forth formulas for the allocation of sums received by States to: (1) local educational agencies; and (2) programs for handicapped children in specified schools, neglected or delinquent children or children in adult correctional institutions, migratory children, and adults lacking basic skills. Requires that local educational agencies use such funds only for programs to meet the special educational needs of: (1) educationally deprived children residing in public school attendance areas with high concentrations of such children; (2) handicapped children; and (3) children in schools undergoing desegregation. Allows the local agency to determine which needs to address with such funds and how to meet those needs. Title II: Financial Assistance for Improvement of School Resources and Performance - Authorizes appropriations for fiscal years 1982 through 1986 to provide financial assistance to States for the improvement of instructional and management practices, student achievement, special needs services, and State oversight and management functions. Sets forth formulas for allotments to States of such funds, based on school-age population (with specified amounts reserved for territorial and Indian education). Sets forth transitional formulas for fiscal years 1982 and 1983, based on previous assistance received under the Elementary and Secondary Education Act, the Emergency School Aid Act, the Education of the Handicapped Act, the Career Education Incentive Act, the Economic Opportunity Act, the Alcohol and Drug Abuse Education Act, the National Science Foundation Act of 1950, the Higher Education Act, and the Civil Rights Act of 1964. Sets forth the types of activities relating to preschool, elementary, secondary, and adult basic education for which funds allotted to States under this title may be used. Permits States to use such funds to directly supervise and control such activities or to make subgrants to and contracts with public or private agencies. Provides that subgrants may be made only to public or nonprofit organizations and clear consideration may be given to community-based self-help organizations of demonstrated effectiveness. Title III: General Provisions - Sets forth provisions relating to: (1) State plans; (2) State activities reports; (3) audits; (4) local educational agency transition plans; (5) participation of children enrolled in private schools; (6) complaint resolutions; and (7) nondiscrimination. Authorizes the use of specified amounts received by States under this Act for administrative activities. Sets forth provisions relating to the availability of appropriations and insufficient appropriations. Specifies which provisions of the General Education Provisions Act are applicable, and which are inapplicable, to programs under this Act. Declares that the Intergovernmental Cooperation Act of 1968 applies to such programs. Repeals: (1) titles I (Financial Assistance to Meet Special Educational Needs of Children), II (Basic Skills Improvement), III Parts B and C (Metric Education and Arts in Education), IV (Educational Improvement, Resources, and Support), V (State Leadership), VI (Emergency School Aid), VIII (Community Schools), and IX (Gifted and Talented Children, Educational Proficiency Standards, Women's Educational Equity, Special Grants for Safe Schools) of the Elementary and Secondary Education Act of 1965; (2) the Education of the Handicapped Act (except specified provisions for: definitions; centers and services for deaf-blind children; early education for handicapped children; research, innovation, training, and dissemination; regional educational programs; authorizations of appropriations; educational personnel recruiting and dissemination of information; reports; research; and instructional media); (3) the Teacher Corps and teacher centers programs under the Higher Education Act of 1965; (4) the Adult Education Act (except provisions for education of adult Indians); (5) the Career Education Incentive Act; (6) the Alcohol and Drug Abuse Education Act; and (7) the Day Care Projects program under the Economic Opportunity Act of 1964.

Bill· HRH.R. 3456 (97th)open

A bill to amend the Internal Revenue Code of 1954 to exclude from gross income interest earned on certain certificates of deposit in financial institutions.

United States · United States Congress · 6 May 1981

Amends the Internal Revenue Code to exclude from gross income interest earned on certificates of deposit issued by banks, certain savings institutions, or credit unions. Requires such certificates to be issued between June 30, 1981 and July 31, 1982, to have a one year maturity, and to bear interest at a rate not greater than 70 percent of the average yield of U.S. Treasury bills. Limits the amount of such exclusion to $1,000 ($2,000 for joint returns).

Bill· HRH.R. 3474 (97th)referred

Agency Interest Payment Act of 1981

United States · United States Congress · 6 May 1981

Agency Interest Payment Act of 1981 - Amends the Small Business Act to require the Federal Government to pay interest on overdue contract payments to small businesses. Permits a Federal agency to pay a discounted contract amount offered by a small business for early payment only if such payment is actually made within the prescribed time.

Bill· HRH.R. 3471 (97th)referred

Clean Air Act Amendments of 1981

United States · United States Congress · 6 May 1981

Clean Air Act Amendments of 1981 - Title I: Amendments to Title I of the Clean Air Act - Amends title I (Air Pollution Prevention and Control) of the Clean Air Act ("the Act"). Planning and Control Program Grant Regulations - Directs the Administrator of the Environmental Protection Agency, in making regulations for grants to State agency planning and control programs, to give due consideration to the extent to which an air pollution control agency has assumed responsibility for carrying out the provisions of such Act. Air Quality Criteria and Control Techniques - Eliminates the 12-month deadline within which the Administrator must issue air quality criteria for an air pollutant after its inclusion on a specified list. Permits proposed air quality criteria and associated documents to be published by the Administrator only after notice and 90 days opportunity for public comment. Prohibits issuance in final form of any such criteria without prior approval of the Clean Air Scientific Advisory Committee. Sets forth required inclusions in any document containing air quality criteria for any pollutant. Directs the Administrator to carry out another critical clinical or toxicological study before taking any final action regulating any pollutant, if the Administrator or the Committee questions the validity of the original study. Requires the Administrator to issue specified information to the States and appropriate agencies only after (currently, simultaneously with) issuance of such criteria. Prohibits information on air pollution control techniques from being issued until a 90-day period for public comment has expired after the Administrator publishes a draft document setting forth the proposed information. Requires that each air pollution control technique guideline or information issued by the Administrator include a determination of the associated costs of the technique. Eliminates requirements that the Administrator publish specified planning guidelines and control techniques information. National Ambient Air Quality Standards (NAAQS) - Directs the Administrator, upon issuance or reissuance of air quality criteria dealing with an air pollutant, to publish: (1) a notice of intention to propose (a) a primary or secondary NAAQS (or both) or (b) regulations controlling such pollutant under specified provisions; or (2) a determination that regulation of such pollutant under the Act is necessary to protect public health and welfare. Requires a 90-day period after issuance of criteria before publication of proposed regulations prescribing NAAQS for pollutants. Requires a 90-day public comment period after the date of such publication before such regulations may be promulgated. Directs the Administrator to publish specified impact assessments at the time of any proposed or final regulation establishing such standards. Provides that primary NAAQS be requisite to protect the public health from "significant risk of" adverse health effects (currently, protect the public health, "with an adequate margin for safety"). Provides that secondary NAAQS be requisite to protect the public welfare from "significant risks of" any known or anticipated adverse effects (currently, simply "protect from" such effects). Requires reviews of air quality criteria three years after the enactment of this Act and at ten-year intervals thereafter (currently, five-year intervals). Raises the number of members of the Clean Air Scientific Advisory Committee from seven to ten. Replaces the one required member from the National Academy of Sciences with a required member representing industries subject to the Act. Adds required memberships for appointees of the Director of the National Institutes of Health, the President of the National Academy of the Sciences, the Surgeon General, and the Chairman of the Council of Economic Advisors. Directs the Committee to approve or disapprove air quality criteria and to review any scientific evidence upon which the Administrator bases any proposed listing of a pollutant. Requires the Committee to review such criteria three years after enactment of this Act and at ten-year intervals thereafter (currently, five-year intervals). State Implementation Plans (SIPs) - Eliminates the nine-month deadline for States to adopt, and submit to the Administrator, SIPs after promulgation of NAAQS. Requires that the Administrator be notified of, and entitled to make comments and objections in, public hearings on SIPs or SIP revisions. Revises procedures for SIP approval. Revises required provisions of SIPs. Requires that primary NAAQS promulgated in final form before the enactment of this Act be attained no later than December 31, 1990. Specifies no maximum period for the attainment of later primary NAAQS (currently, within three years of SIP approval). Eliminates a requirement that SIPs specify a reasonable time at which secondary NAAQS will be attained. Retains the requirement that SIPs provide for the attainment of NAAQS as expeditiously as practicable. Eliminates requirements that SIPs: (1) include transportation controls; and (2) provide for periodic inspection and testing of motor vehicles. Revises SIP approval provisions for: (1) SIP revisions; and (2) stationary source construction or modification in nonattainment areas. Repeals a provision that such plans must require major stationary source owners or operators to pay fees to the permitting authority to cover specified costs. Revises procedures for approval of SIP revisions. Prohibits the Administrator from requiring the inclusion of any transportation control program or vehicle inspection and maintenance program as a condition for SIP approval. Allows States to include such programs in SIPs. Prohibits the Administrator, except under specified conditions, from including such programs in any SIP promulgated for an air quality control region. Extends to one year (currently, 60 days) the minimum period permitted to States for specified revisions of SIPs. Repeals provisions relating to: parking surcharge, management of parking supply, and preferential bus/carpool lane regulations; noncommercial retrofits, gas rationing, and reduction of on-street parking; and bridge tolls or charges. Repeals provisions relating to SIP deadline extension procedures. Permits a State environmental agency to issue a temporary emergency suspension of any part of an SIP, without action by the President, if such agency determines that: (1) the suspension may be necessary because of the severity of a national or regional energy emergency; (2) other measures for responding to the emergency may be inadequate; and (3) the suspension will not result in the violation of a primary NAAQS. Limits such suspensions to 14 days, except when the Governor petitions for a further suspension by the President, in which case the State may extend its suspension until a Presidential determination is reached. Permits only one suspension for any source on the basis of the same set of circumstances. Provides that the amendments made by this Act shall apply only with respect to SIPs (or SIP portions or revisions) submitted by a State, or promulgated by the Administrator, after the date of enactment of this Act. Provides that any SIP approved or promulgated before such enactment date shall remain in force and effect until such SIP is revised or a new SIP (or portion) takes effect. Requires upon application of the Governor of the State, immediate deletion of any transportation control program or vehicle inspection and maintenance program from SIPs approved or promulgated before such enactment date. Provides that such SIPs shall continue in force and effect notwithstanding such deletion. Standards of Performance for New Stationary Sources (NSPS) - Repeals the NSPS requirement that fossil fuel fired stationary sources achieve a "percentage reduction" of emissions. Directs the Administrator to review and, if appropriate, revise NSPS at least every six years (currently, four years). Revises deadlines for the promulgation of regulations establishing NSPS. Specifies a substantial likelihood of "a greater degree of emission limitation," rather than "a greater continuous emission reduction," as one factor in determining waivers of NSPS to encourage innovative technology. Includes, among those conversions to coal which are not to be deemed "modifications" of a source, a conversion to coal by a facility originally constructed with the capability to use coal as a primary energy source and the conversion of which to coal is not required under any authority of law. Directs the Administrator to promulgate regulations providing an NSPS for each stationary source or category of stationary sources for which an NSPS was in effect before the enactment of this Act. Makes the amendments made by this Act applicable to stationary source construction or modification commencing after the effective date of the applicable regulations promulgated after the date of enactment of this Act. National Emission Standards for Hazardous Air Pollutants (NESHAPs) - Prohibits inclusion of any air pollutant on the published list of hazardous air pollutants (for which the Administrator intends to establish NESHAPs) prior to review by the Clean Air Scientific Advisory Committee of the pertinent scientific evidence upon which the proposed listing is based. Enforcement - Eliminates the provision that the Administrator must commence actions for injunctions or penalties against owners or operators of stationary sources under specified conditions (but retains the discretionary authority of the Administrator to commence such actions). Provides that State-ordered deadlines for final compliance by a stationary source with an SIP shall be no later than December 31, 1990, with specified exceptions. Makes these amendments (relating to enforcement) effective with respect to orders issued and actions commenced after the date of enactment of this Act. Noncompliance Penalties - Directs the Administrator to promulgate regulations, within one year after the date of enactment of this Act, requiring noncompliance penalties against specified persons. Eliminates the requirement that the State or the Administrator assess and collect a noncompliance penalty against specified persons (but continues their authority to do so). Eliminates specified deadlines for notifying persons of noncompliance. Eliminates provisions requiring that noncompliance penalty regulations: (1) authorize the Administrator to review State decisions regarding petitions challenging noncompliance orders or alleging entitlement to exemptions; and (2) direct the Administrator to conduct such review upon certain showings by petitioners. Replaces opportunity for a hearing on the record with an opportunity for comment by an owner or operator concerning specified penalties and schedules. Revises provisions for determining the amount of a noncompliance penalty and the schedule of its payment. Eliminates specified deadlines for imposition of noncompliance penalties. Declares that these amendments (relating to noncompliance penalties) shall be effective with respect to any such penalty initially imposed after the effective date of regulations promulgated after the date of enactment of this Act. Stack Heights - Declares current stack height provisions inapplicable to stationary sources: (1) constructed or modified after the date of enactment of this Act; and (2) with specified emissions levels. Prohibits the construction of any stack or dispersion technique, from such sources, which does not comply with good engineering practice, as determined by specified regulations. Makes such compliance a requirement in SIP permit programs. Directs the Administrator to promulgate regulations to carry out these new provisions for stack heights, including variances in complex and high terrain areas. Ten-Year "Grandfather" - Exempts from later emission limitations or standards any stationary source that met or meets all applicable emission limitations and standards in effect under the SIP at the time construction or modification commenced or commences, for a ten-year period beginning on the date of submission of a completed application for a permit for such construction or modification. Makes such exemption inapplicable to emission limitations or standards imposed with respect to: (1) air pollution that presents a clear and imminent danger to public health; or (2) an air pollutant for which no NAAQS is in effect at the time the completed application is submitted. State Permit Programs - Allows State permit programs to consist of State regulations that meet specified requirements. Requires the approval of the Administrator in the case of permits for major stationary sources with specified emissions levels. Prevention of Significant Deterioration of Air Quality (PSD) - Replaces the stated PSD program purpose of insuring economic growth consistent with the preservation of "existing clean air resources," with the purpose of insuring such economic growth consistent with the preservation of "the use and enjoyment of clean air areas and the development of energy resources and facilities" (PSD areas are those with cleaner air than that required by NAAQS). PSD Increments and Ceiling - Eliminates "increment" requirements (maximum allowable increases over baseline concentrations of sulfur oxides and particulate matter) for class II and class III PSD areas. Eliminates "short-term" increment requirements (for 24-hour and three-hour periods) for class I PSD areas (international and national parks and wilderness areas of specified sizes, and other areas as designated by the States). Permits pollutants in excess of the required PSD ceilings maximum allowable concentrations in class II areas where: (1) the operation of a source in a manner which results in such exceedance provides other environmental or public health and welfare benefits; (2) the amount and frequency of the exceedance is not excessive; (3) the population at risk is small; (4) the effect is localized; and (5) the costs for additional controls necessary to avoid such exceedance are significant. Area Redesignation - Permits a State to redesignate PSD areas as class I or class II as it deems appropriate (with the exception of "Federal class I" areas established as class I by the Act and Indian reservation lands). Eliminates reference to class III areas and allows major emitting facilities to be constructed and operated in areas designated or redesignated as class II. Eliminates special protections for specified areas in excess of 10,000 acres in size which are national: (1) monuments; (2) primitive areas; (3) preserves; (4) recreation areas; (5) wild and scenic rivers; (6) lakeshores or seashores; or (7) parks or wilderness areas (if any of these are established after a specified date). Preconstruction Requirements - Eliminates certain prerequisites, including analysis of any air quality impacts projected for a PSD area as a result of growth associated with a facility to be constructed. Authorizes the State (or the Administrator in specified cases) to determine on a case-by-case basis whether specified monitoring is necessary. Limits the PSD requirement that a proposed facility be subject to the "best available control technology (BACT) for each pollutant subject to an NAAQS BACT to those pollutants emitted or resulting from such facility in major amounts. Eliminates provisions for an exemption from a preconstruction demonstration requirement. Eliminates a prohibition against issuance of construction permits in cases where the Federal Land Manager demonstrates that facility emissions will have an adverse impact on air quality related values even though concentrations will not exceed increment limitations maximum allowable increases). Eliminates provisions relating to State authority to issue permits where the owner or operator demonstrates that facility emissions will have no adverse impact on such values even though concentrations will exceed incremental limitations (maximum allowable increases). Limits specified PSD required analyses of ambient air quality possibly affected by emissions from a proposed facility to those pollutants subject to NAAQS that are emitted in major amounts. Excludes from any air quality modelling specified for PSD preconstruction requirement purposes any modelling with respect to fugitive dust. Permits the major emitting facility construction to comply with PSD program requirements by means of enforceable emission offset credits or other enforceable alternative control measures. PSD Regulation of Other Pollutants - Eliminates a requirement that PSD program regulations for pollutants other than sulfur dioxide and particulate matter, provide specific measures at least as effective as the increments established for sulfur dioxide and particulate matter to fulfill the goals and purposes of the PSD program. Eliminates a provision authorizing the inclusion in such regulations of air quality increments, emission density requirements, or other measures. PSD Definitions - Restricts PSD program regulation to modifications that, together with other specified changes, increase net allowable emissions of sources or facilities by specified amounts. Revises the definition of "best available control technology" (BACT) for PSD program purposes. Equates the BACT with the NSPS (New Source Performance Standard) where an applicable NSPS exists. Visibility Protection for Federal Class I Areas - Directs the Administrator to: (1) conduct a study of the causes and extent of visibility impairment resulting from air pollution; and (2) report the results to the Congress. Prohibits any visibility protection regulations from taking effect, and suspends any such regulation which took effect before the date of enactment of this Act, until such report has been filed with the Congress. Provides that such amendments to the PSD provisions shall take effect in the same manner as provided for amendments to the SIP provisions. Nonattainment Areas - Revises provisions relating to SIP requirements for nonattainment areas to eliminate the definition of "lowest achievable emission rate" (LAER). Revises deadlines for the attainment of NAAQS in any nonattainment area. Requires that an inventory of actual emissions from all sources be contained in a public document, but not be included in the SIP (as is currently required). Eliminates requirements that specified SIPs provide for: (1) analyses of alternatives to proposed major emitting facilities prior to construction or modification permit issuance; and (2) specific schedules for implementation of a vehicle emission control inspection and maintenance program. Conforms SIP identification of other necessary compliance measures to the revised deadlines for attainment of NAAQS. Eliminates provisions requiring that SIP revisions contain enforceable measures to assure attainment of an applicable standard by a specified date. Sets forth provisions relating to the determination of "reasonable available control technology" (RACT). Revises provisions relating to permit requirements to eliminate a requirement that the proposed source comply with the lowest achievable emission rate" (LAER). Requires that stationary sources to which new source performance standards (NSPS) are not applicable, and which, without pollution control technology, will emit any air pollutant in excess of specified levels, comply with best available control technology (BACT) emissions limitations determined by the Administrator. Repeals specified limitations on certain Federal assistance (under the Act and under specified provisions for transportation projects and grant awards) in any air quality control region where any NAAQS has not been attained for which transportation control measures are necessary and certain SIP submissions are lacking. Replaces "lowest achievable emission rate" (LAER) information with information on "reasonably available control technology" (RACT) in guidance documents which the Administrator must issue to States. Eliminates deadlines for the publication of such documents. Provides that amendments to the provisions for SIP requirements for nonattainment areas shall take effect in the same manner as provided for amendments to other SIP provisions. Title II: Amendments to Title III - Adds a definition of "applicable implementation plan." Directs the Administrator to undertake a continuing program of research on environmental emergencies involving air pollution. Authorizes appropriations for fiscal year 1982 to carry out such purpose. Directs the Administrator to publish notice in the Federal Register of all citizen suits brought under the Act after the date of enactment of the Clean Air Act Amendments of 1977. Repeals provisions relating to restrictions on grants to sewage treatment works based on air pollution considerations. Revises provisions for economic impact assessment (retitling such provisions "Regulatory Impact Assessment") to end the applicability of such provisions to promulgations or revisions of new source performance standards (NSPS). Adds to required elements of such assessments an analysis of the effects of a standard or regulation on available energy supply. Repeals provisions relating to how certain economic impact assessment provisions: (1) are to be construed; or (2) are to be treated for purposes of citizen suits or judicial review. Revises provisions for air quality monitoring to direct the Administrator to validate air quality models used for SIPs. Requires that the limitations of the modeling technique be taken into account in the regulatory program when models are not validated. Directs the Administrator to develop and implement performance evaluation procedures for air quality models and apply such procedures to all recommended models. Authorizes appropriations to carry out the Act for fiscal years 1982 through 1985. Title III: Amendment to Other Laws - Amends the Energy Security Act to change from ten years to five years the period covered by a comprehensive research plan setting forth a coordinated program to identify the causes and effects of acid precipitation and actions to limit or ameliorate its harmful effects.

Bill· HRH.R. 3437 (97th)open

Health Maintenance Organization Amendments of 1981

United States · United States Congress · 5 May 1981

Health Maintenance Organization Amendments of 1981 - Amends the Public Health Service Act to eliminate specified health maintenance organization (HMO) funding provisions including: (1) feasibility studies; (2) planning and initial development; (3) ambulatory health facility construction; (4) program evaluation; and (5) annual reports. Eliminates HMO grant or contract authority (continues current loan authority). Makes HMO application requirements applicable to the National Health Maintenance Organization Intern Program. Extends loan and loan guarantees for initial operating costs through fiscal year 1983. Permits interest rates to be adjusted for HMO loans. Authorizes specified appropriations for fiscal years 1982-1984. Authorizes specified appropriations for training (including the National Health Maintenance Organization Intern Program) and technical assistance for fiscal years 1982-1984. Eliminates certain mental health and alcohol and drug abuse services from the definition of "basic health services" and includes them in the definition of "supplemental health services" for HMO related purposes. Repeals specified policymaking body membership requirements. Permits nonmetropolitan HMOs to provide certain basic health services outside their service areas if such services are not otherwise available. Removes certain restrictions on contracting with individual physicians. Revises HMO dual choice provisions. Repeals community rating requirements.

Bill· HRH.R. 3448 (97th)referred

Rail Service Improvement Act of 1981

United States · United States Congress · 5 May 1981

Rail Service Improvement Act of 1981 - Title I: General Provisions - Sets forth the findings of Congress with regard to freight and passenger rail service in the Northeast United States. Title II: Transfer of Rail Service Responsibilities - Subtitle A: Transfer of Conrail Commuter Services - Relieves the Consolidated Rail Corporation (Conrail) of any legal obligation to operate commuter service one year after the effective date of this Act. Authorizes commuter authorities, or State, local, or regional transportation authorities to negotiate with Conrail for the transfer of commuter services operated by Conrail. Directs that such transfer agreements be concluded within eight months after the date of enactment of this Act. Requires the National Railroad Passenger Corporation (Amtrak) and Conrail to agree, within ten months after the effective date of this Act, on terms and conditions for the transfer to Amtrak of all Conrail commuter service in the Northeast corridor (Boston-Washington, D.C.), except for services transferred directly to a commuter authority. Specifies procedures to be followed by the Secretary of Transportation if such agreement is not reached. Allows a commuter authority to request that Amtrak transfer to such authority certain commuter service and rail properties. Authorizes either party to appeal to the Secretary if an agreement concerning such transfer is not reached. Exempts such transfers and assumptions of service from the provisions of the Interstate Commerce Act. Requires that Amtrak shall provide such commuter service for a commuter authority on a reimbursable basis only. Authorizes Amtrak to discontinue service if it is not paid within 90 days of the rendering of such service. Authorizes appropriations, to remain available until October 1, 1986, to carry out the provisions of this Act. Subtitle B: Transfer of Freight Service Responsibilities - Directs the Secretary, in consultation with Conrail, to negotiate for the transfer of Conrail freight rail properties and service responsibilities to financially responsible persons, including rail carriers. Directs the Secretary, when such acquiring railroads do not assure adequate freight terminal operations in the Northeast corridor, to promote the formation of one or more privately funded terminal companies. Establishes procedures for public comment on and the Attorney General's review of such transfer agreements. Exempts from judicial review the final approval by the Secretary of such transfer agreements. Permits the Secretary to discontinue rail service over certain rail properties associated with the properties specified in such transfer agreement. Directs the Secretary to transmit copies of approved agreements to Congress. Exempts such transfers from the provisions of the Interstate Commerce Act and specified provisions of the Securities Act of 1933. Directs the Secretary to promote the inclusion of viable associated branch lines in such transfer negotiations. Authorizes affected States or shippers or any combination thereof to negotiate with the Secretary for the transfer of essential associated branch lines discontinued under a transfer agreement to an entity designated by the State or shipper for continue operation free of certain common carrier obligations included in the Interstate Commerce Act. Title III: Protection for Conrail Employees - States that Conrail employees deprived of employment shall be eligible for specified separation allowances. Sets forth criteria for the payment and tax treatment of such allowances. Grants preferential hiring status to employees deprived of employment. Provides that employee rights under this Act shall be equal to rights afforded under the Milwaukee Railroad Restructuring Act and the Rock Island Railroad Transition and Employee Assistance Act. Directs the Railroad Retirement Board to maintain a register of persons separated from employment who have declared their availability for employment in the railroad industry. Sets forth procedures for priority hiring of such persons. Terminates such register five years from the effective date of this Act. Makes certain employees deprived of employment eligible for: (1) moving expense benefits; (2) new career training assistance; and (3) medical insurance coverage. Sets forth criteria for and limitations on receiving such benefits. Authorizes treatment of certain unemployed Conrail employees who had been transferred to Amtrak for commuter service responsibilities as employees deprived of employment eligible for benefits under this Act. Directs the Secretary to transfer to the Board, and authorizes the Board to allocate to Conrail and Amtrak, funds appropriated to carry out this Act. Declares that the employee protection provisions contained in this Act shall be the exclusive protections for employees adversely affected by transfer agreements authorized by this Act and shall supercede, on October 1, 1981, any other employee protection provisions of Federal or State law. States that employees who accept assistance under this Act shall waive any employee protection otherwise available. Authorizes appropriations for the purposes of this Act to remain available until expended. Limits, to a specified sum, the total liability of the United States and Conrail under this Act. Title IV: Terms of Labor Assumption - Subtitle A: Passenger Employees - Sets forth procedures for the transfer of passenger service employees to Amtrak from Conrail. Relieves Conrail, after such transfer, of any responsibility to provide personnel for the operation of Amtrak intercity passenger trains in the Northeast corridor operating over properties owned or leased by Amtrak. Directs Amtrak or any commuter authority assuming commuter service responsibilities under this Act to succeed to the rights and responsibilities of Conrail under a contract, schedule, or agreement in effect between Conrail and its employees transferred under this Act. Permits Amtrak, commuter authorities, or employee representatives to serve notice for the renegotiation of such contract, schedule, or agreement. Requires that disputes not settled through conferences between Amtrak and employee representatives shall be subject to binding arbitration. Sets forth standards and procedures to be followed when Conrail or Amtrak transfer commuter service responsibilities to a commuter authority. Deems such a commuter authority to be a rail carrier subject to specified Federal laws governing the rights of employees in the railroad industry. Subtitle B: Freight Employees - Directs acquiring railroads and employee representatives to enter into agreements to facilitate the orderly transfer of employees on terms fair to Conrail employees and employees of acquiring railroads. Allows acquiring railroads and employee representatives to: (1) enter into agreements covering two or more acquiring railroads; and (2) modify the terms of an agreement following a particular transfer date through the collective bargaining process of the Railway Labor Act. Directs acquiring railroads to determine the type and number of employees necessary to provide service over line segments transferred under this Act and to notify employee representatives of same. Sets forth procedures for filling positions on such line segments with eligible Conrail employees. Makes an employee accepting employment with an acquiring railroad subject to the coverage of all contracts, schedules, and agreements negotiated under the Railway Labor Act and in effect between such railroads and its employees. Allows an acquiring railroad not to take over or assume any contract, schedule, or agreement in effect between Conrail and its employees. Describes seniority rights of Conrail employees who accept employment with acquiring railroads. Sets forth labor protection obligations of acquiring railroads and procedures for the arbitration of disputes. Title V: Transfer of the Nonlitigation Functions of the United States Railway Association - Amends the Regional Rail Reorganization Act of 1973 and the Department of Transportation Act to transfer to the Secretary the nonlitigation functions of the United States Railway Association and all property, authorizations, and unobligated funds that support the conduct of such functions. Authorizes the Secretary to appoint such officers and employees as are necessary to carry out such functions. Title VI: Miscellaneous Provisions - Lists the civil actions over which the special court established under the Regional Rail Reorganization Act of 1973 shall have exclusive jurisdiction. Declares that the judgments of such court shall be reviewable only by the Supreme Court. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to reserve a specified amount of authorized appropriations for rehabilitation and improvement assistance for facilities transferred from Conrail. Exempts from Federal, State, and local taxes and fees (except Federal income tax laws) all transfers or conveyances of any interest in rail property under this Act. Declares that certain laws and regulations, including antitrust laws and the Administrative Procedure Act, are inapplicable to actions taken under this Act. Authorizes Conrail and successor operators of Conrail lines, for two years following the date of enactment of this Act, to cancel any applicable joint rate or division. States that the parties must remain free to negotiate new joint rates or divisions with existing corrections. Directs the clerk of the special court to convey to the Secretary, within ten days after the effective date of this Act, certain stock on deposit with such court pursuant to the Regional Rail Reorganization Act of 1973. Prohibits any distribution of Conrail assets in regard to any claims of the United States until all other claims against Conrail have been satisfied.

Bill· HRH.R. 3399 (97th)open

A bill to amend titles XVIII and XIX of the Social Security Act with respect to payments to health maintenance organizations.

United States · United States Congress · 1 May 1981

Amends title XVIII (Medicare) of the Social Security Act to revise provisions relating to payments to and contractual arrangements with health maintenance organizations (HMO) on behalf of individuals eligible for Medicare. Directs the Secretary of Health and Human Services to determine annually a per capita rate of payment for each class of individuals: (1) enrolled with an HMO pursuant to this Act and who are entitled to benefits under part A (Hospital Insurance) of title XVIII and enrolled under part B (Supplementary Medical Insurance) of title XVIII; and (2) enrolled with an HMO and enrolled under part B only. Provides a rate for each class equal to 95 percent of the adjusted average per capita cost for that class. Defines the term "adjusted average per capita cost" to mean the average per capita amount that the Secretary estimates would be payable for services furnished under the Medicare program, if the services were to be furnished by other than an HMO. Directs the Secretary in establishing classes of individuals to take in consideration such factors as age, sex, institutional status, disability status and place of residence. Redefines an HMO. Requires an HMO to meet certain requirements, including limits on premiums, deductibles, coinsurance, and copayments. Provides that individuals enrolled in the Medicare program shall be eligible under this Act with any HMO with which the Secretary has contracted. Prohibits premiums, deductibles, coinsurance, and copayments of an HMO for services in addition to those available to Medicare enrollees from exceeding, for such individuals, the adjusted community rate for such services. Defines the adjusted community rate. Authorizes the Secretary to reimburse an HMO on the basis of reasonable cost if the Secretary is satisfied that the HMO is able to perform its contractual obligations effectively and efficiently and if: (1) the Secretary is not satisfied that an HMO has the capacity to bear the risk of potential losses under a risk-sharing contract under this Act; or (2) the HMO so elects. Amends part A (General Provisions) of title XI of the Social Security Act to prohibit a capital expenditure made by or on behalf of a health care facility from being subject to review pursuant to the limitation on Federal participation for capital expenditures of part A if the obligation of the capital expenditure by the facility would not be reviewed under the Public Health Service Act. Directs the Secretary to conduct a study and report to Congress concerning additional benefits selected by HMO's. Amends title XIX (Medicaid) of the Act to revise the definition of an HMO. Requires an HMO meet the requirements of an HMO as defined in title XVIII, and to meet certain additional requirements. Directs the Secretary to conduct a study and report to Congress concerning the extent of, and reasons for, the termination by Medicare and Medicaid beneficiaries of their membership in HMO's.

Bill· HRH.R. 3398 (97th)open

Health Maintenance Organization Amendments of 1981

United States · United States Congress · 1 May 1981

Health Maintenance Organization Amendments of 1981 - Amends the Public Health Service Act to authorize appropriations for fiscal years 1982-1984 for health maintenance organization (HMO) planning and initial development. Limits eligibility to HMOs receiving specified funds during fiscal year 1981. Authorizes specified appropriations for fiscal years 1982-1984 for: (1) technical assistance and training (including the National Health Maintenance Organization Intern Program); and (2) the loan fund. Extends loan guarantees for planning and initial development through fiscal year 1984. Revises HMO requirements to: (1) eliminate the prohibition on direct service contracts with private physicians; (2) permit nonmetropolitan HMOs to provide certain basic health services outside their service areas if such services are not otherwise available; (3) eliminate open enrollment periods and certain policymaking body membership and advisory body requirements. Eliminates certain mental health, alcohol, and drug abuse services from the definition of "basic health services". Requires an HMO to provide such services in its plan if so requested by the employer. Revises the definition of "supplemental health services". Permits pay rates to be alternatively determined on a per-class basis under the "community rating system" definition. Makes private HMOs that are not nonprofit eligible for initial operation cost loans and loan guarantees. Increases the aggregate and 12-month amounts of such loans and guarantees and extends their availability through fiscal year 1986. Repeals the provision prohibiting cumulative loan guarantees to a private HMO to exceed fund obligations in any fiscal year. Revises current loan authority for ambulatory care facility construction and acquisition. Requires an HMO to have: (1) revenues which exceed its costs; and (2) independent loan sources if necessary. Permits interest rates to be adjusted for HMO loans. Requires an employer subject to this Act who includes certain commercial insurance or nonprofit carrier-owned HMOs in his employee health benefits plan to include an additional HMO (if one exists) which has at least 25 employees (of such employer) residing in its service area. Eliminates loan and grant priorities for nonmetropolitan areas and medically underserved populations. Modifies certain financial disclosure requirements. Repeals the provision requiring certain evaluation reports from the Comptroller General. Eliminates State certificate of need requirements for all HMOs providing institutional health services (currently required of HMOs with less than 50,000 members).

Bill· HRH.R. 3339 (97th)referred

Regulatory Reform Act of 1981

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.

Bill· HRH.R. 3305 (97th)open

Natural Gas Utilization Act

United States · United States Congress · 29 April 1981

Natural Gas Utilization Act - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal certain prohibitions on the use of natural gas as a primary energy source in existing electric powerplants and major fuel-burning installations. Repeals the system compliance option provisions of the Act, which provides that existing powerplants owned or operated by a utility shall be considered in compliance with prohibitions relating to natural gas usage if the utility has in effect an approved system compliance plan. Permits local distribution companies to provide natural gas service to residential customers for use in outdoor lighting fixtures installed, and receiving natural gas, before the enactment of the Powerplant and Industrial Fuel Use Act of 1978. Requires each local distribution company, in accordance with rules established by the Secretary of Energy, to: (1) periodically inform its customers of the amount of natural gas consumed by outdoor lighting; and (2) report such information method to the Secretary. Permits the Secretary to grant a permanent exemption from the prohibitions on the use of natural gas in a gas-coal mixture in a new powerplant or installation if: (1) emissions would be reduced; and (2) disregarding any variances, the proportion of natural gas in a mixture complies with applicable environmental requirements. Repeals the Federal requirement of incremental pricing under the Natural Gas Policy Act of 1978.

Bill· HRH.R. 3223 (97th)open

Merchant Seamen Health Services Repeal Act

United States · United States Congress · 10 April 1981

Merchant Seamen Health Services Repeal Act - Amends the Public Health Service Act to eliminate the entitlement to health services for merchant seamen. Repeals provisions of the Department of Defense Appropriation Authorization Act, 1974, which provide for the operation of certain Public Health Service hospitals.

Bill· HRH.R. 3224 (97th)referred

Health Services Block Grant Act

United States · United States Congress · 10 April 1981

Health Services Block Grant Act - Amends the Public Health Service Act to establish a block grant program for States for the provision of health services and related activities for migratory and seasonal agricultural workers, medically underserved populations, mothers and children, coal miners, and individuals at home, and related to sudden infant death syndrome, hemophilia, medical emergencies, mental health, and alcohol and drug abuse. Repeals various Federal laws authorizing categorical grants and other assistance in such areas. Prohibits the block grants from being used for inpatient services, cash payments, improvement of land or facilities, or as satisfaction for any non-Federal match. Authorizes any State to transfer up to ten percent of block grant funds for use under other Federal law providing for health promotion and disease prevention or social services, or for meeting home energy and emergency assistance needs. Sets forth reporting requirements. Authorizes $1,137,600,000 for each of fiscal years 1982 through 1985 to carry out this Act.

Bill· HRH.R. 3216 (97th)referred

Consumer Product Safety Amendments of 1981

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.

Bill· HRH.R. 3222 (97th)referred

Preventive Health Block Grant Act

United States · United States Congress · 10 April 1981

Preventive Health Block Grant Act - Amends title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to replace the current grant programs for health planning and public health services, preventive health services, paint poisoning, and venereal disease with a Preventive Health Block Grant program. Authorizes specified appropriations for fiscal years 1982-1985. Sets forth the allotment formula and application requirements. Authorizes the use of funds for health promotion and disease prevention including technical assistance. Prohibits the use of funds for: (1) cash payments to health services recipients; (2) construction or land purchase; and (3) satisfying non-Federal funding requirements. Authorizes any State to transfer up to ten percent of block grant funds for use under other Federal law providing for health or social services, or for meeting home energy and emergency assistance needs. Requires States to: (1) report on intended expenditures; and (2) report and to prepare an audit at least every two years concerning activities under this Act. Repeals various Federal laws authorizing categorical grants and other assistance in related areas.

Bill· HRH.R. 3151 (97th)open

A bill to amend the National Traffic and Motor Vehicle Safety Act of 1966 to provide for the equal application of any automatic occupant restraint standard to all manufacturers of passenger cars on the same effective date.

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.

Bill· HRH.R. 2921 (97th)open

National Tourism Policy Act

United States · United States Congress · 31 March 1981

National Tourism Policy Act - Title I: National Tourism Policy - Directs the Federal Government to cooperate with State and local governments and other organizations to implement a national tourism policy designed to promote the economic, educational, and intercultural contributions of the U.S. tourism and recreation industries. Title II: Tourism Policy Council; Tourism Advisory Board - Establishes as an interagency coordinating council the Tourism Policy Council. Directs the Secretary of Commerce to establish a Tourism Advisory Board to represent the views and needs of the tourism industry in the implementation of the national tourism policy established by this Act. Title III: Amendments to the International Travel Act - Amends the International Travel Act to make the purpose of such Act the strengthening of U.S. domestic and foreign commerce through the implementation of the international aspects of the national tourism policy established under this Act. Directs the Secretary of Commerce to submit annually to Congress a marketing plan to stimulate travel to the United States and to implement the international aspects of such national tourism policy. Authorizes appropriations for fiscal years 1981 and 1982 to carry out such Act. Eliminates the reduction of employees in the District of Columbia offices of the U.S. Travel Service. Title IV: Effective Date - Makes this Act effective on October 1, 1981.

Bill· HRH.R. 2774 (97th)open

Public Telecommunications Act of 1981

United States · United States Congress · 23 March 1981

Public Telecommunications Act of 1981 - Amends the Communications Act of 1934 to restructure the Corporation for Public Broadcasting. Declares the policy of Congress to be the encouragement and support of public audio and video programs, however delivered, rather than public telecommunications. Reduces the membership on the Board of Directors from 15 to six. Makes the President of the Corporation Chairman of the Board. Reduces the term of office of each member from six to five years. Requires meetings of the Board to take place in Washington, D.C. Increases the rate of daily compensation but places a ceiling on the amount of compensation any member may receive in any one fiscal year. Authorizes the Corporation to facilitate the availability of public audio and video programs through other entities as well as through public telecommunications entities on a noncommercial, nonprofit, or sustaining basis. Grants access to space satellite interconnection facilities or services for the transmission of public audio and video programs. Extends the authorization of appropriations to the Public Broadcasting Fund from fiscal year 1983 through fiscal year 1986. Eliminates the limitations on the authorizations for fiscal years 1981- 1983. Excludes non-Federal financial support received by a public broadcast entity for purposes of determining the amount of each authorization. Reformulates the percentage of funds disbursed by the Corporation among the licensees and permittees of public television and radio stations for fiscal years 1982, 1983 and for each subsequent fiscal year. Directs the Corporation to establish an annual budget of appropriated monies to make grants and contracts for the production and acquisition of public audio and video programs, excluding interconnection facilities and operations and engineering and program-related research. Requires such budget, for fiscal years 1981-1986, to consist of not less than 95 percent of the monies in the Fund. Limits for fiscal years 1981-1986 the percentage of funds the Corporation may expend for other activities. Requires the concurrence of the public television and radio licensees when the Corporation reviews the percentage of funds reserved for programming purposes. Limits the amount of any one program grant for fiscal year 1983 and subsequent fiscal years. Requires each public telecommunications entity receiving funds from the Corporation to undergo a biannual rather than an annual audit. Authorizes each public broadcast licensee to broadcast institutional advertising announcements. Limits such broadcasting to the beginning or end of regular programing and to 30 seconds duration.

Bill· HJRESH.J.Res. 211 (97th)open

A joint resolution proposing an amendment to the Constitution to alter Federal fiscal decision-making procedures.

United States · United States Congress · 19 March 1981

Constitutional Amendment - Prohibits the adoption of any Federal budget in which expenditures exceed receipts unless approved by a roll call vote of three-fifths of the Members of each House of Congress directed solely to that subject. Prohibits the Congress from passing and the President from signing any appropriation bill which would cause the total expenditures of the Federal Government to exceed its total receipts in any fiscal year. Permits the Congress to waive such provisions with respect to any single year in which a declaration of war is in effect. Prohibits any annual increase in the proportion of Federal receipts to the national income unless passed by a roll call vote, directed solely to such purpose, of each House of Congress.

Bill· HRH.R. 2550 (97th)open

Health Maintenance Organization Amendments of 1981

United States · United States Congress · 17 March 1981

Health Maintenance Organization Amendments of 1981 - Amends the Public Health Service Act to eliminate specified health maintenance organization (HMO) funding provisions including: (1) feasibility studies; (2) planning and initial development; (3) ambulatory health facility construction; (4) program evaluation; and (5) annual reports. Eliminates HMO grant or contract authority (continues current loan authority). Makes HMO application requirements applicable to the National Health Maintenance Organization Intern Program. Extends loans and loan guarantees for initial operating costs through fiscal year 1986. Permits interest rates to be adjusted for HMO loans. Authorizes specified appropriations for fiscal years 1982-1984. Authorizes specified appropriations for training (including the National Health Maintenance Organization Intern Program) and technical assistance for fiscal years 1982-1984. Eliminates certain mental health and alcohol and drug abuse services from the definition of "basic health services" and includes them in the definition of "supplemental health services" for HMO-related purposes. Repeals specified policymaking body membership requirements. Permits nonmetropolitan HMOs to provide certain basic health services outside their service areas if such services are not otherwise available. Removes certain restrictions on contracting with individual physicians. Revises HMO dual choice provisions.

Resolution· HRESH.Res. 100 (97th)open

Committee Improvement Amendments of 1981

United States · United States Congress · 4 March 1981

Committee Improvement Amendments of 1981 - Amends the Rules of the House of Representatives to require each standing committee, not later than 60 days after the Congress convenes, to submit an oversight agenda to the Committee on Government Operations. Directs such committee to hold hearings at which the chairman and ranking minority member of each standing committee shall testify on the oversight accomplishments of the preceding Congress and the proposed oversight agenda for the new Congress. Requires the Committee on Government Operations, not later than 90 days after the Congress convenes, to report to the House an oversight agenda resolution which incorporates such agendas of all standing committees, and additional recommendations of the committee. Directs the House to complete action on such resolution not later than 90 days after the Congress convenes, to report to the House an oversight agenda resolution which incorporates such agendas of all standing committees, and additional recommendations of the committee. Directs the House to complete action on such resolution not later than 180 days after the Congress convenes. Directs the Speaker of the House to initially refer each bill, resolution, or other matter to one committee of principal jurisdiction. Eliminates the authority of the Speaker to refer any such matter to two or more committees for concurrent consideration. Requires the membership of each committee, select committee, and conference committee (and each subcommittee, task force, or subunit thereof) to reflect the ratio of majority to minority Members. Provides that such ratio be reflected for standing committees at the beginning of each Congress, and for select and conference committees at the time of appointment. Prohibits any standing committee to establish more than six subcommittees, and any Member to serve at any one time on more than four subcommittees. Defines subcommittee as any subunit of a standing committee established for a period of more than six months. Prohibits the vote by any member of any committee or subcommittee to be cast by proxy. Provides that a majority of members of each committee or subcommittee shall constitute a quorum for the transaction of any business. Prohibits the House to consider any primary expense resolution until the Committee on House Administration has reported and the House has adopted a resolution establishing committee staff personnel ceilings for that year. Requires such committee to specify in any primary or supplemental expense resolution the number of staff positions authorized therein. Authorizes the House to consider any supplemental expense resolution in excess of such ceiling by a vote of two-thirds of the Members present.

Bill· HRH.R. 2201 (97th)open

Consumer Product Safety Amendments of 1981

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.

Bill· HRH.R. 1981 (97th)referred

Balanced Budget and Deficit Control Act of 1981

United States · United States Congress · 23 February 1981

Balanced Budget and Deficit Control Act of 1981 - Amends the Congressional Budget and Impoundment Control Act of 1974 to make a Congressional declaration that it is essential to provide for a balanced Federal budget. Amends the Congressional Budget Act of 1974 to require that the first concurrent resolution on the budget, on which Congress must complete action on or before May 15 of each year, provide a balanced budget for such year and for the succeeding fiscal year. Specifies that if changes in laws, bills, or resolutions are necessary in connection with any such concurrent resolution on the budget in order to assure that there is no deficit in the budget for either of the fiscal years to which such concurrent resolution relates, such concurrent resolution shall appropriately direct the legislative committees involved to determine and recommend such changes. Makes it out of order in either the House of Representatives or the Senate to consider or adopt any concurrent resolution on the budget, to consider or adopt any amendment to such a concurrent resolution, or to adopt a conference report on such concurrent resolution, if at the time of such consideration or adoption the level of total budget outlays which is set forth in such concurrent resolution for either of the two fiscal years to which it relates exceeds the recommended level of Federal revenues for that year. Permits the suspension of such provisions: (1) upon a Presidential request, approved by Congress; (2) upon a recommendation by the Budget Committee of either the House or the Senate and approval of the Congress; and (3) with respect to any fiscal year in which the United States is at war pursuant to a declaration of war by the Congress. Permits revisions of the first concurrent resolution on the budget at any time after it has been agreed to pursuant to such Act before the end of the first fiscal year to which such resolution relates. Requires such revision to meet the same balanced budget requirements as the original concurrent resolution and provide for the same suspension of such requirements. Requires the second concurrent resolution on the budget to be for the fiscal year beginning on October 1 of such year and the succeeding fiscal year. Makes it out of order in either the House or the Senate to receive or consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays contained in the bill or resolution as reported, or would reduce any specific Federal revenues below the level of such revenues as reported, unless it includes or is accompanied by an amendment which assures that total budget outlays are not increased and that total Federal revenues are not reduced by making an equivalent reduction in other specific budget outlays or an equivalent increase in other specific Federal revenues. Makes it out of order in either the House or the Senate, at any time after the Congress has completed action on the first concurrent resolution on the budget, and if a reconciliation bill or resolution is required to be reported in connection with such resolution after that bill has been enacted into law or such resolution has been agreed to, to consider any bill or resolution or amendment which provides for budget outlays, new budget authority in excess of the appropriated allocation, or new spending authority. Amends the Congressional Budget and Impoundment Control Act of 1974 to state that any references to "a fiscal year" or "the fiscal year" with respect to a concurrent resolution on the budget shall be treated as references made separately to each of the two fiscal years to which such concurrent resolution relates. Amends the Congressional Budget Act of 1974 to require each committee required by such Act to report on a concurrent resolution on the budget to make such report within ten legislative days after the concurrent resolution is agreed to. Amends the Budget and Accounting Act, 1921, to require the President, from time to time during the fiscal year, to ensure that the budget complies with the requirements of the Congressional Budget and Impoundment Control Act of 1974. Requires such budget to be balanced, but permits the President to recommend alternative balanced budgets with outlays and revenues at higher or lower levels to take account of possible changes in economic conditions or other circumstances. Requires such budget transmitted by the President to be accompanied by a projected budget for the succeeding fiscal year. Permits a suspension of such requirements upon a Presidential request or if the United States is at war pursuant to a declaration of war by Congress. Requires the Director of the Office of Management and Budget, with respect to any fiscal year beginning on or after October 1, 1983, to analyze the level of Federal revenues and budget outlays during the fiscal quarter beginning October 1 and ending December 31 in that year for the purpose of determining the levels of total revenues and budget outlays which may be anticipated for such fiscal year and whether such revenues will be sufficient to equal or exceed such outlays. Requires the Director to report to the President and Congress not later than January 3 if he determines that such revenues will not be sufficient to equal or exceed such outlays and to identify the amount of any such insufficiency and the percentage of total controllable expenditures which such insufficiency represents. Requires the President, upon receipt of such a report, to issue an order sequestering such amounts of budget authority as are necessary to reduce each such controllable expenditure by that percentage and to transmit to Congress a message identifying: (1) the total amount of budget authority which is to be sequestered; (2) the annuity budget authority which is to be sequestered with respect to each such controllable expenditure in order to reduce it by the required percentage; and (3) the account, department, or establishment from which each amount of budget authority is available for obligation and the specific project or governmental functions involved. Makes such an order effective from and after the date of its issuance except to the extent revised or abrogated by the Congress pursuant to this Act. Sets forth the procedure to be followed by Congress in reviewing such an order. Permits the Budget Committee of the House or the Senate, at any time after the promulgation of such an order, to report a concurrent resolution suspending, in whole or in part, the operation of such order. Defines the term "controllable expenditures" as expenditures which may be reduced without breaching any obligation, contractual or otherwise, of the United States to make payments. Requires the Congressional Budget Office to submit to the House and Senate Budget Committee recommendations concerning further refinement in the definition and identification of controllable expenditures.

Bill· HRH.R. 1937 (97th)open

Patent Term Restoration Act of 1981

United States · United States Congress · 18 February 1981

Patent Term Restoration Act of 1981 - Amends the patent law to extend the terms of patents which encompass specified products or a method for using a product any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products).