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Official portrait of Rep. Butler, M. Caldwell [R-VA-6]

Rep. Butler, M. Caldwell [R-VA-6]

United States · Official source

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744 records where Rep. Butler, M. Caldwell [R-VA-6] is listed as a sponsor, author, or other actor. Search with topics and years

Resolution· HRESH.Res. 426 (97th)referred

A resolution acclaiming and supporting Democracy in El Salvador.

United States · United States Congress · 1 April 1982

Expresses the sense of the House of Representatives that the United States should acclaim and support the demonstration of the people of El Salvador in favor of democracy.

Resolution· HCONRESH.Con.Res. 297 (97th)open

A concurrent resolution to express the sense of the Congress that the United States and the Soviet Union should engage in substantial, equitable, and verifiable reductions of their nuclear weapons in a manner which would contribute to peace and stability.

United States · United States Congress · 29 March 1982

Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels of forces; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.

Bill· HRH.R. 5886 (97th)referred

A bill to amend the Internal Revenue Code of 1954 and the Social Security Act to provide that fully insured individuals reaching the age of 65 may elect to institute a moratorium on old age insurance benefits, employee taxes and employer taxes, in order to continue working until choosing to retire.

United States · United States Congress · 18 March 1982

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to permit a fully-insured individual reaching age 65 to elect to execute a voluntary moratorium which: (1) waives all rights to old-age insurance benefits; (2) exempts such an individual from employee taxes; and (3) exempts such an individual's employer from employer taxes.

Bill· HRH.R. 5800 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to allow an individual to withdraw amounts from an individual retirement account for the purchase of a principal residence.

United States · United States Congress · 10 March 1982

Amends the Internal Revenue Code to allow an individual to withdraw amounts from an individual retirement account for the purchase of a principal residence. Requires that ten percent of the amount withdrawn shall be included in the gross income of the distributee over a period of ten years beginning with the taxable year in which the distributee: (1) disposes of such principal residence or ceases to use it as a principal residence; or (2) attains the age of 59 1/2. Allows such withdrawals only if: (1) the amount withdrawn is used within 90 days for the purchase of the principal residence; (2) the individual retirement account was established at least 36 months before such withdrawal; (3) the trustee of such account is a qualified home mortgage institution; and (4) the trustee is given at least 60 days notice before such withdrawal.

Bill· HRH.R. 5689 (97th)referred

Civil Rights Act of 1982

United States · United States Congress · 2 March 1982

Civil Rights Act of 1982 - Title I: Equal Opportunity Provisions - Establishes uniform procedures for the enforcement by the Federal Government of civil rights laws, including title VII of the Civil Rights Act of 1964, the Fair Housing Act, the Age Discrimination in Employment Act, and numerous other discrimination laws and provisions. Continues to authorize individual Federal agencies to investigate, attempt to resolve, and monitor compliance with regard to discrimination complaints, but otherwise centralizes enforcement authority in the Equal Employment Opportunity Commission and the Attorney General. Permits an individual to bring a civil action directly in Federal court for an alleged act of discrimination. Requires an investigative agency to seek to develop a voluntary compliance agreement by informal methods of conference, conciliation, and persuasion. Authorizes the Attorney General to bring civil actions in court for patterns or practices of unlawful discrimination. Prohibits a Federal agency from issuing any regulation with regard to employment discrimination without the prior approval of the Equal Employment Opportunity Commission. Prohibits any Federal agency and the Commission from issuing any regulation without the approval of the Attorney General. Establishes a one-House congressional veto procedure for regulations under this Act issued by any Federal agency, the Commission, and the Attorney General. Makes any such regulation effective 45 days after its transmittal to Congress if it is not disapproved. Continues generally an "effects" standard for proving discrimination, but requires the effect to be "reasonably foreseeable" with regard to certain discriminatory acts, including denial of Federal benefits. Title II: Administrative Provisions - Requires the Director of the Office of Management and Budget to determine which personnel employed in connection with functions affected by this Act shall be transferred to the Department of Justice and the Equal Employment Opportunity Commission.

Bill· HRH.R. 5636 (97th)open

A bill to amend the Internal Revenue Code of 1954 to require that the interest rate applied with respect to overpayments and underpayments of tax, which is currently based on the average prime rate for September, be based on the average prime rate for the first 9 months of the calendar year.

United States · United States Congress · 1 March 1982

Amends the Internal Revenue Code to require that the interest rate on overpayments and underpayments of tax be based on the average prime rate for the first nine months of the calendar year.

Bill· HRH.R. 5540 (97th)open

Defense Industrial Base Revitalization Act

United States · United States Congress · 10 February 1982

Defense Industrial Base Revitalization Act - Amends the Defense Production Act of 1950 to direct the President to take immediate action to assist in the modernization of industries related to defense. Limits such assistance to small and medium-sized businesses unless national security requires otherwise. Directs the Secretary of Defense to determine immediately and semiannually which industries should be given priority and the type of assistance which would be most helpful. Directs the President to assist persons expanding the domestic capability to produce or process critical and strategic materials. Sets forth the terms of such assistance, including qualification through public solicitation and the President's right to refuse delivery of items exceeding market price. Authorizes appropriations for FY 1983-1987. Permits the President to utilize the borrowing authority of the Treasury as specified and to use unobligated funds in Department of Defense appropriations. Directs the President to implement a national program to train workers in skills necessary in key defense industries. Makes such assistance available through State vocational education programs in States with previously approved plans for a five-year program of skills training. Requires the States to make contributions to such program in specified percentages to qualify for extensions of such program. Authorizes appropriations for FY 1983-1987 for such purpose. Directs the President to implement a grant program to assist institutions of higher education in obtaining and installing modern equipment to train scientific and technical personnel needed in the key industries. Sets forth the terms of such assistance, including application procedures, limits on grants, and the requirement that such equipment be purchased through competitive bidding. Requires such equipment to be of U.S. origin. Authorizes appropriations for such purpose for FY 1983-1987. Directs the Comptroller General to monitor this program and submit an annual report to Congress. Requires each executive department and agency to follow the principle of geographical dispersal to the degree possible in constructing any Government-owned industrial facility. Directs such departments and agencies to continuously assess the capability of the defense industrial base to satisfy near-term and increased mobilization production requirements. Increases the maximum obligation of any guaranteeing agency for loans necessary to prevent personal insolvency or bankruptcy that would impede the production and delivery of materials or the performance of services for the national defense. Decreases from 60 to 30 days the period during which the appropriate committees of Congress must be notified of certain proposed loans before automatic approval. Permits such loans to be made immediately if both Houses adopt a concurrent resolution of approval. Extends to September 30, 1987, the termination date of certain provisions of the Defense Production Act of 1950, including certain priorities, allocations, and expansion of productive capacity and supply provisions. Repeals the National Commission on Supplies and Shortages Act of 1974.

Law· HRH.R. 5432 (97th)enacted

A bill to authorize the presentation on behalf of the Congress of a specially struck gold medal to Admiral Hyman George Rickover.

United States · United States Congress · 3 February 1982

Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of Congress, a gold medal to Admiral Hyman George Rickover in recognition of his distinguished service and for his contributions to the development of safe nuclear energy and to the defense of the United States. Directs the Secretary of the Treasury to provide for a gold medal with suitable emblems, devices, and inscriptions. Authorizes appropriations to carry out such provision. Authorizes the Secretary to make available bronze duplicates of such medal for sale under regulations he prescribes and in accordance with provisions of this Act.

Bill· HRH.R. 5448 (97th)referred

A bill to establish procedures for imposition of the death penalty for presidential assassination, and for other purposes.

United States · United States Congress · 3 February 1982

Amends the Federal criminal code to establish procedures for the imposition of the death penalty for Presidential assassination. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Establishes procedures for appeal from the death sentence.

Resolution· HRESH.Res. 345 (97th)referred

A resolution to amend the Rules of the House of Representatives regarding the consideration in the House of a bill or resolution which adjusts the pay or affects the limitations on outside earned income of Members.

United States · United States Congress · 3 February 1982

Amends rule VIII of the Rules of the House of Representatives to require the Speaker or chairman of the committee with subject matter jurisdiction to summarize provisions of a bill or resolution which would adjust the pay or affect outside earned income limitations of Members at least 24 hours before the final vote on such legislation. Directs the Speaker not to entertain a unanimous consent request to consider a bill or resolution out of order with such requirement.

Bill· HJRESH.J.Res. 394 (97th)referred

A joint resolution commending the Italian Government and the Italian police for their daring and brilliant rescue of General James L. Dozier, and expressing support for all of the Italian Government's efforts to end terrorism.

United States · United States Congress · 2 February 1982

Expresses the gratitude of the Congress to the Italian Government and the Italian police for the rescue of Brigadier General James L. Dozier. Commends General Dozier for his bravery and patriotism throughout the ordeal. Declares congressional support for the Italian Government's efforts to end terrorism.

Resolution· HCONRESH.Con.Res. 260 (97th)referred

A concurrent resolution expressing the sense of the Congress regarding the successful rescue of Brigadier General James L. Dozier.

United States · United States Congress · 2 February 1982

Extends congratulations from the Congress to the Italian Government and its antiterrorist police forces for the successful rescue of Brigadier General James L. Dozier. Extends to General Dozier and his family best wishes for a quick recovery and return to normal life.

Resolution· HCONRESH.Con.Res. 263 (97th)referred

A concurrent resolution expressing the sense of the Congress that the President should take any actions necessary to make individuals who are required to register under the Military Selective Service Act and who do not register ineligible to receive Federal financial assistance or benefits, to participate in any programs or activities receiving Federal financial assistance, and to be employed by the Federal Government or any organization receiving Federal financial assistance.

United States · United States Congress · 2 February 1982

Expresses the sense of Congress that the President should deny Federal employment and benefits, including employment with Federal grantees and borrowers, to persons who are required to but do not register under the Military Selective Service Act.

Bill· HRH.R. 5393 (97th)referred

A bill to authorize the President of the United States to present, on behalf of the Congress, a gold medal to Lenny Skutnik, and to authorize the Secretary of the Treasury to strike duplicates of such medal for public sale.

United States · United States Congress · 28 January 1982

Requests the President to present, on behalf of Congress, a gold medal to Lenny Skutnik, in recognition of his heroic rescue of one of the victims of the airline crash into the Potomac River on January 13, 1982. Authorizes appropriations. Authorizes the Secretary of the Treasury to cause bronze duplicates of such medal to be coined for sale to the general public.

Bill· HRH.R. 5321 (97th)open

Fair and Equal Treatment of Members of Congress Act of 1982

United States · United States Congress · 25 January 1982

Fair and Equal Treatment of Members of Congress Act of 1982 - Amends the Internal Revenue Code to limit to $3,000 the amount of living expenses which Members of Congress may deduct from their incomes. Repeals the provision allowing such tax deduction without substantiation.

Bill· HRH.R. 5308 (97th)referred

A bill to amend title 18, United States Code, to require the United States Parole Commission to make available to State and local law enforcement agencies certain information regarding parolees.

United States · United States Congress · 25 January 1982

Amends the Federal criminal code to require the United States Parole Commission to make available to a State and local law enforcement agency upon request information regarding parolees under the jurisdiction of the Commission, who have been convicted of Federal crimes involving violence to persons or damage to property, and who reside in such agency's jurisdiction.

Bill· HRH.R. 5252 (97th)open

Clean Air Act Amendments of 1981

United States · United States Congress · 16 December 1981

Clean Air Amendments of 1981 - Amends the Clean Air Act ("the Act") to revise provisions applicable to stationary and mobile sources of air pollution. Declares that such revision is for the purposes of: (1) preserving the basic framework and purposes of the Act; (2) continuing unchanged the Act's statutory requirements for setting and revising national ambient air quality standards (NAAQS) (both "primary" NAAQS, relating to human health; and "secondary" NAAQS, relating to other "welfare" factors); (3) lessening the complexity in the process of achieving those standards and other requirements of the Act; (4) expediting the review and approval process for State implementation plans (SIPs); (5) providing reasonably appropriate extensions of time for States to attain NAAQS and providing administrative flexibility for States and the Administrator of the Environmental Protection Agency (EPA) to achieve the purposes of the Act in a timely and reasonably effective way; (6) ensuring adequate consideration of economic, energy, safety, environmental, employment, and other relevant factors in achieving NAAQS and other requirements; (7) supporting training programs for State and local governments; and (8) providing sufficient budget authority and personnel for the Administrator to enable the EPA and the States to carry out the Act in a timely and efficient manner without undue reliance on contractors. Title I: Amendments Relating Primarily to Regulation of Stationary Sources - Revises title I (Air Pollution Prevention and Control) of the Act. Use of Best Available Data - Requires that the best available data obtained by monitoring or modeling be used in revisions of a list of air quality control regions that do not meet specified standards. Provides that, where available, "reliable monitoring data" shall be considered "the best available data." Directs the Administrator to decide upon "the best available data" and "reliable monitoring data." State Plans and State Implementation Plans Revision Process - Revises deadlines for development of State implementation plans (SIPs) to extend the current nine-month period to "a reasonable time as determined by the Administrator (but not to exceed two years)." Directs the Administrator to participate in public hearings conducted by a State, where appropriate to expedite the approval of any SIP revision. Authorizes the Administrator, with the consent of the State, to jointly conduct such hearings. Sets forth new provisions for a State Implementation Plan Revision Process. Directs the Administrator to publish prompt notice of any State submission of any SIP revision. Provides for a written comment period of 30 to 70 days. Permits the Administrator to approve or disapprove the SIP revision, without additional proceedings, where the revision was submitted after State administrative proceedings certified by the State to be at least comparable to specified Federal rulemaking proceedings (including reasonable notice and public hearing) and after the written comment period. Authorizes the Administrator to conduct additional proceedings within a specified period. Directs the Administrator to approve or disapprove the SIP revision 70 to 120 days after submission. Allows the Administrator to: (1) extend for up to 60 days the periods for submission of written comments and for final approval or disapproval; and/or (2) conduct additional proceedings. Requires published notice of and reasons for such extension. Requires published notice of approval or disapproval before the expiration of the 120-day period or the extended period. Deems any SIP revision that has not been approved or disapproved before the expiration of the required (or extended) period to have been approved. Directs the Administrator to publish notice and a copy of the revision, at the expiration of such period (or extension). Provides that specified "noncontroversial revisions" of SIPs shall be deemed approved upon adoption by a State. Requires a State, upon adoption of a noncontroversial SIP revision and expiration of a 30-day written comment period, to transmit notice, to the Administrator and the Federal Register, to be published as if it were a revision promulgated by the Administrator. Defines a "noncontroversial revision" as one: (1) for which no person has filed a written objection based on any provision of the Act or any regulation in effect under the Act; and (2) which is adopted by the State pursuant to Administrator-approved procedures (including reasonable notice and opportunity for participation by the public and the Administrator). Prohibits treating as a noncontroversial revision any change in a stationary source emission limitation, compliance schedule or timetable, or permit provision, until the Administrator has promulgated certain regulations requiring that such changes be limited to a stationary source already in operation and do not permit emissions increases in excess of an amount deemed by rule to be significant. Directs the Administrator to take specified factors into account in promulgating such regulations. Applies the term "noncontroversial revision" also to any revision relating only to specified information requirements. Permits State variances that are SIP revisions issued on a six-month emergency basis to be treated as approved revisions under a process similiar to that for noncontroversial revisions. Directs the Administrator to conduct periodic audits of SIPs and other State activities under the Act. Directs the Inspector General to periodically review, and report to Congress on, the Administrator's audit activities. Directs the Administrator to notify a State of information derived from such audits. Authorizes the Administrator, in addition to requiring appropriate State revision or invoking Federal revisions, to suspend the application of the new SIP revision process where a State fails to correct any deficiency or problem within an appropriate period. Requires that audit reports be available to the State and the public. Allows the Administrator to grant an extension of up to four years (currently a two-year extension) for SIP compliance with NAAQS. Specifies that the Administrator may delegate approvals or disapprovals of SIPs or SIP revisions. New Source Performance Standards - Revises provisions for New Source Performance Standards (NSPS) to limit the application of percentage reduction requirements (under which coal-burning facilities must remove a certain percentage of sulfur emissions) to those categories of stationary sources to which such requirements apply under regulations in effect on December 31, 1981. Enforcement - Provides a one-year period for compliance after issuance of specified Federal enforcement orders (not including Federal orders relating to violations of national emission standards for hazardous air pollutants or State enforcement orders). Repeals a requirement that the Administrator seek an injunction or assess a civil penalty in the case of any major stationary source not in compliance within 30 days of such a Federal enforcement order. Provides discretionary authority for the Administrator to seek injunctions or assess penalties in such cases or in any other cases of noncompliance beyond 30 days of such orders (and continues such discretionary authority in cases not involving major stationary sources). Directs the Administrator to carry out specified enforcement authorities through the use of full-time Federal officers or employees. States that contractors should be used only as necessary to provide technical support for such enforcement. Prohibits the Administrator from contracting with anyone other than a full-time Federal officer or employee to provide legal assistance for such enforcement. Requires (currently allows) each State to develop and submit to the Administrator a plan for carrying out noncompliance penalty provisions in such State. Repeals the authority of the Administrator to carry out noncompliance penalty provisions in a State under certain conditions. Authorizes (currently requires) the State, or the Administrator if the State has not received a delegation, to carry out penalty provisions to assess and collect a noncompliance penalty in specified circumstances. Authorizes the State to grant exemptions from penalties in cases of minor noncompliance (and continues the authority of the Administrator, when appropriate, to do so). Repeals a requirement that the Administrator send notices of noncompliance to specified persons, in the event the State fails to send such notices. Requires persons receiving such notices to submit a calculation of the amount of penalty owed and a schedule of payments within a reasonable period prescribed by the Administrator or the State (currently requires such submission within 45 days of notice issuance or petition denial). Makes a similar change in the deadline for submissions of petitions challenging such notice or alleging entitlement to an exemption. Provides that public hearings on such petitions be conducted by the Administrator or the State, as appropriate, and that decisions on such petitions be made within a reasonable time (currently requires the Administrator to hold such hearings unless the State agrees to do so and currently requires a decision within 90 days after receipt of the petition). Repeals provisions authorizing the Administrator to review State decisions on such petitions and requiring such review under certain conditions. Authorizes the State or the Administrator, as appropriate, to adjust or compromise any penalty assessment if the source is in compliance. Repeals provisions for: (1) final adjustments of penalties after compliance; and (2) Administrator objections to, and substitutions for, State noncompliance penalties. Revises requirements for noncompliance penalty assessed amount determinations and payment schedules. Attainment Date Extensions - Permits States to receive up to five-year extensions beyond the December 31, 1982, primary NAAQS attainment date for pollutants in nonattainment areas (the Act currently permits extensions up to December 31, 1987, for carbon monoxide and photochemical oxidants). Requires, in order to receive such extensions, that a State: (1) certify to the Administrator that attainment is not possible before December 31, 1982, despite implementation of all reasonably available measures; and (2) commit itself to not modifying State nonattainment plan provisions so as to adversely affect reasonable further progress. Directs the Administrator to publish notice of such certification and afford an opportunity of not more than 60 days for public comment, including a hearing where appropriate. Directs the Administrator, if satisfied that such attainment is not possible, to extend the deadline to a date providing for attainment as expeditiously as possible, but not later than December 31, 1987. Grants the Administrator discretionary authority, upon State application and after notice and public hearing, to provide an additional extension of an attainment date for any NAAQS, for up to six years beyond the December 31, 1987 extension. Conditions such additional extensions on a State demonstration that: (1) reasonable further progress toward attainment has been made during the previous extension period; (2) air quality problems are so severe and persistent, for identified reasons, that the previous extended deadline cannot be attained; (3) all applicable SIP provisions, including those relating to legislative and funding actions and reasonably available control technology are being adequately implemented; (4) an approved program has been adopted and implemented applicable to in-use motor vehicle emissions (including a vehicle inspection and maintenance program, where appropriate in the case of carbon monoxide and photochemical oxidants; and (5) a reasonable and practical program for attainment within a specified period has been submitted as a revision of the SIP. Directs the Administrator to: (1) promulgate regulations for determining the terms of such additional extensions; and (2) annually audit the progress of any State that has not attained a NAAQS by the additional extension deadline. Prohibits issuance of a construction or modification permit for any major stationary source which emits a pollutant for which a NAAQS has not been attained by the appropriate deadline. Permits case-by- case waivers of such prohibition for the construction of any new stationary source to replace an existing stationary source, upon determination that emissions from the new source of each air pollutant for which the area is designated a nonattainment area will be less than such emissions from the existing source. Directs the Administrator to: (1) enforce such permit requirements by issuing an order or bringing a civil action; and (2) seek an injunction or assess a civil penalty for violations of such prohibitions against construction or modification. Nonattainment (other amendments) - Revises other part D provisions for permit requirements in nonattainment areas to require that proposed new or modified major stationary sources comply with the best available control technology (BACT) standard, in the case of permits issued on or after the date 180 days after the enactment of this Act (compliance with the lowest achievable emission rate (LAER) standard is thus required only for permits issued before such date). Repeals a requirement that SIP provisions for nonattainment areas establish a specific schedule for implementation of a vehicle emission control inspection and maintenance (I and M) program in order to qualify for a deadline extension in meeting the primary NAAQS for photochemical oxidants or carbon monoxide. Requires that SIP nonattainment provisions for urban areas with greater than 500,000 population in which the 1981 photochemical oxidants and/or carbon monoxide level exceeded the respective primary NAAQS by 50 percent or more must contain a cost-effective program applicable to in-use motor vehicle emissions and not inconsistent with title II (Emission Standards for Moving Sources) of the Act. Requires that such program include an I and M program, if the Administrator deems this appropriate. Allows a State to decide that the I and M program will apply first to motor vehicle fleets and commercial operators and then, when the State determines necessary for attainment, to other vehicles. Permits any State to: (1) continue an I and M program for any nonattainment area which does not fall under the new requirements concerning urban areas with the above-mentioned population and pollution areas; or (2) submit revisions to modify or eliminate such program. Makes specified emissions level requirements for construction and operation in nonattainment areas inapplicable in the case of any SIP under which: (1) all new major stationary sources are required to comply with the best available control technology (BACT) standard; (2) an adequate emissions inventory is maintained; (3) all existing major stationary sources will be in compliance with emission limitations based upon reasonably available control technology (RACT) not later than 1987 (or earlier, as appropriate); and (4) notwithstanding the construction of new major stationary sources, there is a program for obtaining such annual reductions in emissions as represent reasonable further progress. Repeals provisions for Federal authority to withhold Federal grant funds for sewage treatment and highways in cases of noncompliance with the Act. Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter - regulations for other pollutants are not yet final - in areas with cleaner air than that required by NAAQS. Currently the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas.) Repeals the "increment" limitations (specified "maximum allowable increases over baseline concentrations") for class II and class III areas. Allows, in class I areas, the short-term increment limitation to be exceeded five times per year (currently only one short-term excess is permitted). Permits State Governors to rule that concentrations of particulate matter attributable to fugitive dust from specified sources shall not be taken into account in determining compliance with maximum allowable increases in ambient concentrations, unless the Administrator rules that the inclusion of such fugitive dust is necessary to carry out the purposes of PSD provisions. Eliminates provisions for PSD area redesignations as class III areas. Revises PSD preconstruction review analysis requirements to grant discretion to the permitting authority in determining whether continuous air quality monitoring data is necessary to determine whether emissions from a facility will exceed maximum allowable increases (class I area increments) or maximum allowable concentrations (primary and secondary NAAQS). Eliminates the special definition of "best available control technology" (BACT) for purposes of PSD provisions. Defines BACT for purposes of the Act to mean the applicable New Source Performance Standards (NSPS) (the EPA-set technology-based standards for categories of industries), along with applicable national emission limitation standards for hazardous air pollutants (NESHAPs). Retains determination of the BACT by the permitting authority on a case-by-case basis where no NSPS exists for a stationary source in a particular category. Allows State and local governments to adopt or enforce standards or limitations more stringent than the BACT standard. Provides that PSD preconstruction requirements shall only apply to physical or operational changes resulting in a significant net increase in source emissions of any air pollutant regulated under provisions for NAAQS, NSPS, or NESHAPs. Sets a de minimis amount for such increase at 100 tons per year (1,000 tons per year of carbon monoxide) for any air pollutant for which a NAAQS is established (except lead). Authorizes the Administrator to determine, by rule, that a lesser amount is necessary to carry out PSD purposes. Makes technical and conforming amendments. Eliminates the requirement that PSD regulations for hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides contain measures at least as effective as the "increment" limitations for sulfur oxides and particulate matter. Effective Data and Transitional Rules - Sets forth an effective date and transitional rules for the amendments relating to Nonattainment provisions and to PSD provisions. Regulatory Stability - Sets forth regulatory stability provisions establishing a ten-year "grandfather" period, commencing with construction or modification, during which a stationary source (unless subsequently modified) shall not be subject to more stringent requirements if the construction or modification is subject to NSPS, obtains a permit or approval, and meets all permit or approval requirements. Excludes from such "grandfather" provision any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous pollutants designated under NESHAP provisions; (2) pollutants with no NAAQS in effect at commencement of the construction; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Ozone Protection - Directs the President to report to the Congress annually, beginning within two years of the enactment of this Act, on the status of actions toward international agreements concerning the protection of stratosphere. Requires that copies of such reports be made available to the public. Directs the Administrator to make specified determinations, considerations of study results, and findings before any ozone protection regulation on chloroflurocarbon control is proposed or promulgated. Title II: Mobile Source Amendments - Revises part A (Motor Vehicle Emission and Fuel Standards) of title II (Emission Standards for Moving Sources) of the Act. Establishment of Emission Standards for New Motor Vehicle or New Motor Vehicle Engines - Requires that any more stringent new standard not become effective for at least: (1) 48 months after prescription or revision, in the case of heavy-duty vehicles or engines; and (2) 36 months after prescription or revision, in the case of all other new motor vehicles or engines. Provides that any more stringent new standards must reflect the degree of emission reduction the Administrator determines to be reasonably achievable through application of technology adequately demonstrated to be available for the appropriate model year. Directs the Administrator, in making such determination, to consider costs, applicability to gasoline or diesel-fueled vehicles or engines, impact on fuel economy, effect on level of all emissions from such vehicles or engines, safety, commercial use, and other appropriate factors. Authorizes the Administrator to arrange with the National Academy of Sciences (NAS) to review the technical feasibility of such proposed new standards and to submit written reports which shall be available to the public. Revises provisions relating to regulations applicable to emissions of carbon monoxide, hydrocarbons, oxides of nitrogen, and particulate matter from classes or categories of heavy duty vehicles or engines. Provides that the standards prescribed (after enactment of this Act) in such emissions regulations shall apply for a minimum period of four model years unless less stringent standards are prescribed for any model year during that period. Requires that standards applicable to emissions of oxides of nitrogen and particulate matter be prescribed at the same time. Directs the Administrator to arrange with NAS for a technological feasibility report with respect to any proposed standard for particulate matter to be prescribed for heavy-duty vehicles and engines. Revises provisions for a continuing pollutant specific study concerning the effects of air pollutant emissions. Revises deadlines for such study (making the next deadlines January 1, 1983, and before January 1 of each fourth year thereafter). Requires notice and opportunity for public comment before the Administrator determines that the operation or function of an emission control device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety. Adds to the factors the Administrator must consider in making such determination any information obtained from any manufacturer under specified compliance testing provisions. Revises standards for regulation of emissions from light-duty vehicles and engines manufactured during and after model year 1982 for specified pollutant grams per vehicle mile (gpm): (1) .41 gpm of hydrocarbons; (2) seven gpm of carbon monoxide; and (3) two gpm of oxides of nitrogen. Authorizes the Administrator to revise any such standard for any model year after model year 1986. Prohibits any revised standard from being more stringent than the standard applicable (without regard to any waiver) to light-duty vehicles and engines manufactured in the 1981 model year. Revises provisions for waivers of such emission standards. Directs the Administrator, after notice and opportunity for public hearing, to waive any emission standard for any model of vehicles or vehicle engines for up to four model years, upon petition and demonstration by the manufacturer that such waiver is necessary for the use of an innovative power train technology, innovative emission control device or system, or alternative fuel or power source. Adds "the potential to conserve energy" to factors to be considered in granting such waivers. Revises th maximum number of vehicles or engines per manufacturer to which such waivers may apply. Sets such maximum at 200,000 vehicles or engines per year of such waiver, but not more than 500,0000 for a four model years waiver. Prohibits extension or renewal of four model years waivers. Requires that such waivers include appropriate emissions standards to: (1) ensure, in the Administrator's judgment, no significant adverse impact on achieving applicable NAAQS; and (2) encourage development and production of such model. Limits to one-half the average original actual life for each class or category of motor vehicle or motor vehicle engine (other than light-duty or motorcycle) that period of use the Administrator is authorized to determine as appropriate for specified provisions relating to the "useful life" of such vehicles or engines. Provides that future regulations affecting the manufacture, distribution, or sale of motor vehicles or engines for high altitude areas of the United States: (1) shall include the exemptions provided in regulations for model year 1982; and (2) may provide specified high altitude performance adjustments. Prohibits any regulation requiring a percentage of reduction in emissions from high altitude motor vehicles greater than that required for non-high altitude motor vehicles. Prohibits regulations applying a numerical standard for determination of such percentage reduction for high altitude vehicles more stringent than that for non-high altitude vehicles. Prohibits regulations requiring that any emission control device or element of design needed to meet the applicable emissions standards under high altitude conditions also be installed on motor vehicles or engines intended for principal use in non-high altitude locations. Prohibited Acts - Includes among prohibited acts the failure or refusal by any manufacturer to comply with EPA requests for information for a study relating to the availability and distribution to motor vehicle dealers located at high altitudes of models of new light-duty motor vehicles. Compliance Testing and Certification - Revises provisions for compliance testing and conformity certification to direct the Administrator to reliably evaluate or require reliable evaluation of (but not necessarily to test or require testing of): (1) any new motor vehicle or new motor vehicle engine submitted by a manufacturer; and (2) any emission control system incorporated in a vehicle or engine submitted by any person. Repeals a one-year maximum limit on the period which a certificate of conformity may cover. Requires that compliance tests or other reliable evaluations determine the average emissions from vehicles or engines. Requires, in making such determination, that: (1) gasoline-fueled vehicles or engines not be in the same class or category as diesel-fueled; and (2) light-duty vehicles or engines not be in the same class or category as heavy-duty. Allows the inclusion of light-duty trucks, certified as such by the Administrator, in the same class or category as light-duty vehicles or engines. Directs the Administrator to establish an acceptable quality level for all new motor vehicles equivalent to the level applicable to 1981 model year light-duty vehicles. Repeals a requirement that all light-duty vehicles manufactured during and after model year 1984 comply with specified emission standards regardless of the altitude at which they are sold. Compliance by Vehicles and Engines in Actual Use - Revises provisions for compliance by vehicles and engines in actual use to base determinations of nonconformity with regulations by any class or category of vehicles and engines manufactured after a specified date upon the average performance in testing a statistically valid and representative sample. Permits manufacturers to elect to take other actions, in lieu of remedying such nonconformity, with respect to those or other vehicles or engines, consistent with the purposes of title II of the Act. Prohibits manufacturers from including together in the same such actions: (1) both gasoline and diesel-fueled vehicles or engines; or (2) both light-duty and heavy-duty vehicles or engines. Directs the Administrator to consider the effects on competition, in approving a manufacturer's plan to remedy or take other actions with respect to such nonconformity. Repeals a requirement that dealers furnish purchasers of new light-duty motor vehicles certificates of conformity with applicable emission standards, including notice of purchaser warranty rights. State Standards - Provides that, in the case of any new motor vehicle or engine designed to comply with State emission control standards for which a waiver of Federal standards has been granted, compliance with such State standards shall be treated as compliance with applicable Federal standards. High Altitude Performance Adjustments - Repeals a provision requiring that there be a State-instituted motor vehicle inspection and maintenance (I and M) program in nonattainment areas of a State before authority relating to high altitude performance adjustments may be available to such State. Effective Date - Provides that specified foregoing amendments made by this title shall take effect with respect to vehicles and engines manufactured in model years beginning more than 60 days after the enactment of this Act. Study and Development of Alternative Emissions Control - Directs the Administrator to initiate a study and related proceedings, including appropriate informal public hearings, to: (1) develop alternative and practicable approaches to emission control of any air pollutant, subject to such regulation, from new motor vehicles or engines; and (2) evaluate the existing control program. Sets forth the factors to be considered by the Administrator concerning such alternative approach. Requires that a report of such study, including public comments, be submitted to the appropriate committees of the Congress within one year. Sets forth criteria for proposed regulations under any such alternative approach. Prohibits promulgation of such regulations except after final rulemaking as required by this Act and pursuant to legislation reported from the appropriate committees of Congress and enacted either after the date of submission of the report of the study or after the date of submittal of the regulations to the Congress. Warranties and Parts Certifications - Repeals a requirement that manufacturers warrant that new motor vehicles or engines are: (1) designed, built, and equipped so as to conform with emissions standards at the time of sale; and (2) free from defects in materials and workmanship which cause failure to conform during the period of useful life. Requires, instead, a production warranty that the vehicle or engine is equipped with emission control components designed to enable such vehicle or engine to conform at the time of sale with emissions standards for the first 24 months or first 24,000 miles. Repeals provisions for motor vehicle or engine parts certifications by manufacturers or rebuilders for compliance with emissions standards. Limits a free replacement obligation of manufacturers to emissions control components installed for the sole (currently, sole or primary) purpose of reducing vehicle emissions. Limits specified performance warranties to: (1) the first 24 months or 24,000 miles; and (2) certain components installed for the sole purpose of emissions control. Revises provisions for manufacturers' instructions for the maintenance, replacement, and repair of emission control parts or components to eliminate requirements that: (1) such instructions correspond to regulations promulgated by the Administrator of the Environmental Protection Agency; and (2) the replacement parts be certified. Eliminates provisions for waivers of a prohibition against including conditions on the purchaser's using components or services unconnected with the manufacturer. Specifies that waivers of the prohibition against State or local standards for emissions control of new motor vehicles or engines subject to Federal standards will be given only: (1) insofar as numerical emission levels are concerned; and (2) if such standards and new motor vehicle certification and other tests are consistent with Federal standards. Specifies that tampering prohibitions refer to parts or components placed on or in motor vehicles or engines for the sole purpose of controlling emissions. Exempts communications regarding any part, component, system, or service provided without charge under the terms of the purchase agreement from specified prohibitions against manufacturer's communications conditioning warranty coverage on use of certain products or services. Prohibits State new motor vehicle emission standards in nonattainment areas from including any provision similar to the production or performance warranty provisions under the Act. Title III: Study and Conforming Provisions - High Altitude Study - Directs the Administrator, upon the request of any national association of motor vehicle dealers with a membership which includes a majority of U.S. retail franchisers selling imported and domestic new light-duty motor vehicles, to compile data relating to the availability and distribution to dealers located at high altitudes of all models of such vehicles manufactured by any specified manufacturer in a specified model year. Authorizes the Administrator to utilize specified information and to require manufacturers to submit relevant information (except information identifying shipments to individual dealers). Directs the Administrator, within six months after such a request is made, to submit to the Congress and publish in the Federal Register a report setting forth the data so compiled, including specified information. Title IV: Amendments Relating to Authorizations - Authorization of Appropriations - Authorizes appropriations to the Administrator for fiscal years 1982 through 1985. Provides for sums necessary for: (1) the Administrator and the States to effectively carry out the Act's provisions, including training of State and local personnel, enforcement, abatement, and control, consideration of SIPs and revisions, and audits; and (2) sufficient funding for personnel for the Administrator to carry out the Act, particularly its regulatory functions, without undue reliance on contractors. Requires that such authorization not be less than the appropriations authorized in fiscal year 1981 to carry out the Act (except provisions relating to the National Commission on Air Quality). Prohibits the Administrator from using any funds appropriated under the Act for any payment for a reduction-in-force in any fiscal year. Directs the Administrator to inform the appropriate committees of the Congress of the reasons for such reduction, its impact on carrying out the Act, and other detailed or pertinent information, at least 30 days prior to issuing any general notice of such reduction. Declares that nothing in this title shall authorize appropriations for any research and development activities under the Act.

Bill· HRH.R. 5246 (97th)referred

Antitrust Law Labor Amendments of 1982

United States · United States Congress · 16 December 1981

Antitrust Law Labor Amendments of 1982 - Amends the Clayton Act and the Norris-LaGuardia Act to eliminate limitations on the application of the Sherman Act to labor organizations and their activities. Amends the Sherman Act to declare illegal any agreement between a labor organization and an employer under which the employer calls for a boycott of any product. Sets forth penalties to be imposed against any person who enters or attempts to enter such an agreement.

Bill· HRH.R. 5235 (97th)referred

Foreign Trade Antitrust Improvements Act of 1982

United States · United States Congress · 15 December 1981

Amends the Sherman Act to provide that such Act shall apply to export trade and commerce only if it directly and substantially affects domestic trade or commerce or the export trade or commerce of a domestic person. Amends the Clayton Act to exempt joint ventures limited to export commerce from provisions prohibiting a corporation from acquiring the share capital or assets of another corporation to lessen competition or create a monopoly. Amends the Federal Trade Commission Act to prohibit unfair methods of competition involving export commerce only if such methods of competition directly and substantially affect domestic commerce or the export commerce of a domestic person.

Bill· HRH.R. 5180 (97th)open

A bill to amend title XVIII of the Social Security Act to provide for coverage of hospice care under the medicare program.

United States · United States Congress · 11 December 1981

Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 180 days each during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Comptroller General to conduct a study of the hospice reimbursement method. Defines hospice care as including items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis.

Bill· HRH.R. 5188 (97th)referred

A bill to amend title II of the Social Security Act to provide for a program to systematically compare information on State death certificates with information maintained under the Social Security program in order to ensure that inappropriate benefits are not paid with respect to individuals who have died.

United States · United States Congress · 11 December 1981

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of Health and Human Services to establish a program under which States periodically furnish the Secretary with information on the death certificates officially filed with them so that necessary corrections may be made to the beneficiary records maintained under the social security program.

Law· HRH.R. 5154 (97th)enacted

A bill to amend the Lanham Trademark Act to prohibit any State from requiring that a registered trademark be altered for use within such State, and to encourage private enterprise with special emphasis on the preservation of small business.

United States · United States Congress · 9 December 1981

Amends the Lanham Trademark Act to prohibit any State from requiring the alteration of or an additional trademark other than the trademark exhibited by the registrant in the certificate of registration issued by the United States Patent and Trademark Office.

Bill· HRH.R. 5147 (97th)referred

M.D.L. 235 Settlement Discounts Tax Act of 1981

United States · United States Congress · 9 December 1981

M. D. L. 235 Settlement Discounts Tax Act of 1981 - Excludes from gross income any discount or price reduction on property and services provided for under a specified fuel settlement involving Westinghouse Electric Corporation and certain public utilities.

Bill· HRH.R. 5106 (97th)passed

A bill to amend the Clayton Act to modify the amount of damages payable to foreign states and instrumentalities of foreign states which sue for violations of the antitrust laws.

United States · United States Congress · 30 November 1981

Amends the Clayton Act to limit the amount a foreign state may recover in a suit for damages resulting from an antitrust violation, to the amount of actual damages it sustained and the cost of the suit. Declares that such limitation shall not apply to any foreign state which: (1) would not be immune from the jurisdiction of U.S. courts with respect to a claim against it arising out of the same violation; (2) waives all of its defenses as a foreign state to any counterclaims or crossclaims; (3) engages primarily in a commercial activity; and (4) does not function as a procurement entity for itself or another foreign state with respect to such violation.

Bill· HRH.R. 5107 (97th)open

Bankruptcy Judges Retirement Act of 1981

United States · United States Congress · 30 November 1981

Bankruptcy Judges' Retirement Act of 1981 - Sets forth criteria by which bankruptcy judges and referees in bankruptcy shall retire after disability or specified lengths of service and collect retirement salaries. Grants annuities to certain survivors of such judges and referees. Declares that a retired bankruptcy judge or referee shall forfeit such retirement salary upon acceptance of certain employment.

Bill· HRH.R. 5055 (97th)open

Acid Precipitation Accelerated Review and Reporting Act

United States · United States Congress · 19 November 1981

Acid Precipitation Accelerated Review and Reporting Act - Amends the Energy Security Act (title VII provisions also known as the "Acid Precipitation Act of 1980") to reduce the period to be covered by a comprehensive research plan from ten years to five years. Makes conforming amendments relating to implementation of, and authorization of appropriations for, the comprehensive research plan. Directs the Acid Precipitation Task Force to submit a final report, with detailed recommendations, within five years of enactment of the Energy Security Act. Directs the Task Force to: (1) study fuel precombustion treatment and low-polluting combustion processes for reduction of sulfur dioxide and nitrogen oxide emissions; and (2) solicit State agency acid deposition research information.

Bill· HRH.R. 5004 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to clarify the tax treatment of variable annuity contracts.

United States · United States Congress · 17 November 1981

Amends the Internal Revenue Code to revise requirements for the tax deferral of amounts received under variable annuity contracts. Permits the use of an independent investment manager of such annuities. Allows the like-kind exchange of one annuity contract for another. Provides that the tax treatment of any payment made by a contract holder on or before September 25, 1981, shall be determined without regard to Revenue Ruling 81-225 (disallowing tax deferral of amounts received under certain variable annuity contracts).

Resolution· HRESH.Res. 264 (97th)referred

A resolution requiring reports for foreign travel by Members, officers, and employees of the House of Representatives and prompt publication of such reports in the Congressional Record.

United States · United States Congress · 5 November 1981

Requires any Member, officer, or employee of the House of Representatives who authorizes foreign travel by any other such person to submit an advance report and a postreturn report to the Clerk of the House. Directs that such reports be available for public inspection and published in the Congressional Record.

Bill· HRH.R. 4899 (97th)referred

A bill to direct the United States Postal Service to provide and sell a postage stamp issue to commemorate the two hundred and fiftieth anniversary of the birth of George Washington.

United States · United States Congress · 4 November 1981

Directs the United States Postal Service to provide and sell a postage stamp issue to commemorate the two hundred and fiftieth anniversary of the birth of George Washington. Provides that such postage stamp shall be of such denomination and design, and shall be sold for such period, as the United States Postal Service shall determine.

Bill· HJRESH.J.Res. 350 (97th)failed

A joint resolution proposing an amendment to the Constitution altering Federal budget procedures.

United States · United States Congress · 29 October 1981

Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Prohibits the Congress from requiring that the States engage in additional activities without compensation equal to the additional costs. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.

Law· HJRESH.J.Res. 348 (97th)enacted

A joint resolution to provide for the awarding of a special gold medal to Her Majesty Queen Beatrix in recognition of the 1982 Bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States.

United States · United States Congress · 26 October 1981

Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to Queen Beatrix of the Netherlands in recognition of the bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.

Bill· HRH.R. 4773 (97th)referred

A bill to amend the Social Security Act to remove the social security trust funds from the unified budget.

United States · United States Congress · 19 October 1981

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the inclusion of the receipts and disbursements of the social security trust funds (the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund) in the totals of the Federal budget and exempt them from any general statutory limitation on Federal budget outlays, beginning with fiscal year 1983.

Bill· HRH.R. 4762 (97th)referred

Intercircuit Tribunal of the United States Courts of Appeals Act

United States · United States Congress · 15 October 1981

Intercircuit Tribunal of the United States Courts of Appeals Act - Establishes an Intercircuit Tribunal of the United States Court of Appeals composed of between 14 and 22 circuit judges. Directs that the principal office of such Tribunal shall be in the District of Columbia. Grants to the Tribunal jurisdiction over cases referred to it by the Supreme Court. Declares that decisions of the Tribunal shall be binding on all U.S. courts unless modified or overruled by the Supreme Court. Directs the Tribunal, in consultation with the Director of the Administrative Office of the United States Courts, to report to Congress on its activities by October 1, 1986. Terminates the Tribunal on September 30, 1987.

Bill· HRH.R. 4728 (97th)referred

A bill to amend the Federal Reserve Act to provide that the enforceability of due-on-sale clauses contained in fixed-rate real estate loans made by national banking associations shall be determined under State Law.

United States · United States Congress · 7 October 1981

Amends the Federal Reserve Act to declare that the enforceability in any State of any due-on-sale clause contained in any fixed-rate real estate loan made or purchased by any national banking association shall be determined under the law of such State.

Resolution· HRESH.Res. 234 (97th)referred

A resolution commending the Cultural Laureate Program.

United States · United States Congress · 30 September 1981

Commends the cultural laureate program and encourages establishment of the laureate in each of the States and in the Nation.

Law· HRH.R. 4613 (97th)enacted

Debt Collection Act of 1982

United States · United States Congress · 29 September 1981

Debt Collection Act of 1981 - Directs every Government department and agency to require the furnishing of social security numbers by individuals who may incur indebtedness to the United States as a result of applications for credit, financial assistance, or payments. Amends the Internal Revenue Code to permit the Secretary of the Treasury to disclose to a Federal agency, upon written request, whether an applicant for a federally issued or guaranteed loan has any outstanding liability for tax or related penalties. Limits such disclosure to the extent that it is necessary to determine whether an applicant has outstanding liability. Eliminates the provision for disclosure of returns and return information to the Privacy Protection Study Commission. Limits disclosure of a taxpayer's mailing address to a consumer reporting agency which is an agent of a Federal agency to the extent that it is necessary to allow preparation of a commercial credit report for use in accordance with the Federal Claims Collection Act of 1966. Subjects Federal agencies which receive taxpayer mailing addresses for claim collection purposes to maintenance and reporting requirements which are determined by the Office of Management and Budget to be necessary for protection of such addresses.

Bill· HRH.R. 4531 (97th)open

Independent Contractor Tax Status Clarification Act of 1981

United States · United States Congress · 21 September 1981

Independent Contractor Tax Status Clarification Act of 1981 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of the tax on employment income. Treats an individual as an independent contractor if such individual: (1) controls the total number of his work hours; (2) does not maintain a principal place of business, or, if he does, such place of business is not provided, or is not provided rent-free, by the person for whom such individual performs services; (3) has substantial investment in his business and earns income based upon sales or output rather than upon number of hours worked; (4) performs services pursuant to a written contract and is provided written notice of his responsibility with respect to income and self-employment taxes; and (5) the recipient of such individual's services files returns disclosing payments made to such individual. Provides that the criteria established by this Act shall not be applicable to agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen who are statutorily designated as employees for purposes of social security taxation. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his services is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires recipients of services performed by an independent contractor to file an information return with respect to payments made for such services in excess of $600 for the taxable year. Requires individuals who file such information returns to furnish written statements to persons with respect to whom such information is reported which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Applies deficiency procedures for the assessment of unpaid taxes due to the reclassification of an individual as an employee who had been treated as an independent contractor. Treats as employees, for purposes of the withholding of income tax, certain traveling or city salesmen.