United States · United States Congress · 18 September 1981
Amends Federal law with respect to concessions for public accommodations, facilities, and services in areas administered by the National Park Service to make franchise fees collected pursuant to such law available for appropriation to the National Park Service for restoration and improvement of National Park System units and facilities.
United States · United States Congress · 15 September 1981
Court of Appeals for the Federal Circuit Act of 1981 - Title I: United States Court of Appeals for the Federal Circuit and United States Claims Court - Establishes the United States Court of Appeals for the Federal Circuit, composed of all Federal judicial districts and consisting of 12 judges. Grants the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over: (1) patent, copyright, and trademark appeals from district courts (except cases involving copyrights or trademarks and no other issues, which shall continue to be appealed to the circuit courts); (2) appeals of claims against the Government (except cases under the Federal Tort Claims Act which shall continue to be appealed to the circuit courts); (3) appeals from the United States Claims Courts; (4) certain other trademark and patent appeals not involving de novo review; (5) appeals from final decisions of the United States Court of International Trade; (6) appeals from final determinations of the United States International Trade Commission relating to unfair practices in import trade; (7) certain findings of the Secretary of Commerce relating to importation of instruments; (8) appeals under the Plant Variety Protection Act and from final orders of the Merit Systems Protection Board; and (9) appeals from final decisions of agency boards of contract appeals pursuant to the Contract Disputes Act of 1978. Replaces the Court of Claims with the United States Claims Court, consisting of 16 judges serving 15-year terms. Directs the President to designate the chief judge of the Claims Court. Abolishes the Court of Customs and Patent Appeals. Title II: Conforming Amendments Outside Title 28 - Makes conforming amendments. Title III: Miscellaneous Provisions - Declares that the provisions of this Act shall take effect on October 1, 1982. Provides that the judges of the United States Court of Claims and United States Court of Customs and Patent Appeals in regular active service shall continue in office as judges of the United States Court of Appeals for the Federal Circuit. Provides that commissioners of the United States Court of Claims shall become judges of the United States Claims Court. Declares it the suggestion of Congress that the President select from a broad range of qualified individuals when nominating persons to judgeships on the Court of Appeals for the Federal Circuit and the Claims Court. Transfers certain pending cases to the Court of Appeals for the Federal Circuit and the Claims Court.
United States · United States Congress · 11 September 1981
Disapproves the final rule promulgated by the Federal Trade Commission dealing with the matter of the trade regulation rule relating to the sale of used motor vehicles.
United States · United States Congress · 9 September 1981
Social Security Alien and Foreign Resident Limitations Act of 1981 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U.S. citizen or national and whose entitlement is based upon the wages and self-employment income of a resident of a foreign country who is entitled to old-age or disability benefits if such individual does not bear a spousal, filial, parental, divorced, or surviving relationship to such resident as of the date such resident reaches age 57. Prohibits entitlement to title II benefits in the case of an individual who is not a U.S. citizen or national on the basis of such individual's own wages and self-employment income. Entitles a non-U.S. citizen or national to a single lump-sum benefit on the basis of such individual's wages and self-employment income if such individual is lawfully admitted to the United States for permanent residence or employment purposes or such individual's status is changed to permit such individual to work in the United States. Prohibits entitlement to title II benefits in the case of a non-U.S. citizen or national whose entitlement is based upon the wages and self-employment income of a non-U.S. citizen or national who is not a permanent resident of the United States or who has not been admitted to the United States for employment purposes. Prohibits entitlement to title II benefits in the case of a U.S. citizen or national whose entitlement is based upon the wages and self-employment income of a non-U.S. citizen or national.
United States · United States Congress · 4 August 1981
Prohibits the payment of an annuity under the civil service retirement system to a Member of Congress or to his or her survivor or beneficiary if such Member is convicted of a felony which: (1) is committed after enactment of this Act; (2) involves bribery, graft, misappropriation of funds, or conflicts of interest; (3) occurs in connection with the individual's service as a Member; and (4) is punishable by imprisonment for two or more years. Restores the right of an individual to an annuity denied because the individual was convicted of a State felony, if such individual is pardoned by the State's governor.
United States · United States Congress · 31 July 1981
Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the discretionary release conditions to require that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) forfeit designated property upon failure to appear; and (8) return to custody at specified hours. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving: (1) a serious risk of flight or obstruction of justice; or (2) any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions.
United States · United States Congress · 31 July 1981
Amends the Federal bankruptcy law to apply a $100,000 ceiling to fees from the referees' fund for any reorganization case confirmed before September 30, 1979, where such fees were not determined until after that date.
United States · United States Congress · 31 July 1981
Amends the Federal Election Campaign Act to prohibit a corporation or labor union from using the involuntary dues or funds of its members or employees for specified political activities.
United States · United States Congress · 30 July 1981
Requires that satisfactory arrangements be made to pay the certified claims of U.S. nationals against Cuba before full diplomatic relations between Cuba and the United States are established. Requires assignable tax credits to be provided as cash equivalents to U.S. certified claimants if the President enters into any agreement involving counterclaims by Cuba against the United States. Directs the President to urge Cuba to establish a fund to be administered by an international agency to pay these claims.
United States · United States Congress · 28 July 1981
Pretrial Services and Bail Reform Act of 1981 - Requires the Director of the Administrative Office of the U.S. Courts to establish, under the supervision of the Judicial Conference of the United States, directly or by contract, a pretrial services agency (PSA) in each judicial district as recommended by the appropriate district court and the circuit judicial council. (Current law authorizes such agencies on a demonstration basis in ten representative districts). Places such agencies under the general authority of the Director and under the supervision of a chief pretrial services officer selected by the chief judge of the district court. (Current law places five agencies under the Office's Division of Probation and five under an independent Board of Trustees). Requires, rather than permits, regulations issued by the Director relating to the confidentiality of information contained in agencies' files to provide for certain exceptions. Continues generally the existing functions and powers of the PSA (including the discretion of the district courts to determine which shall be performed), and adds four new duties: (1) informing the court and the U.S. attorney of any danger the person may pose to another person or the community; (2) developing a system to monitor and evaluate bail activities; (3) preparing, pursuant to agreements, reports for the U.S. Attorneys Offices on information pertaining to pretrial diversion; and (4) making contracts to carry out their functions. Requires the Director to: (1) issue guidelines within 90 days of enactment with respect to the supervision of persons released into the Office's custody; and (2) include in the annual report to the Judicial Conference a report on the operation of each agency and to transmit a copy of such report to Congress. Deletes the requirement that contracts for the operation of facilities for the custody of persons released be approved by the Attorney General. Authorizes appropriations for the PSA's in the amounts of $6,000,000 for fiscal year 1982 and $8,000,000 for fiscal year 1983. Amends the Bail Reform Act of 1966 to authorize a judicial officer, in making a determination of whether a person charged with a noncapital offense should be released on bail, to consider the safety of any person or the community (in addition to assurance of appearance as currently provided). Permits consideration of a defendant's past conduct in making any such determination. Authorizes a judicial officer to order the detention for up to five days of a person who: (1) is presently on probation, parole, or mandatory release for an offense punishable under State or Federal law; and (2) poses a risk of flight or danger to the safety of any person or the community. Authorizes a judicial officer to order the pretrial detention of any person charged with: (1) a dangerous crime, upon certification by the Government that no conditions will reasonably assure the safety of the community; (2) a crime of violence if such person committed such offense while on release from another crime of violence within ten years; or (3) any offense if such person threatens any witness or juror. Requires a pretrial detention hearing to be held before any person is ordered detained. Entitles a defendant to be represented by counsel and present witnesses. Makes a defendant's testimony inadmissible in any other proceeding, except for purposes of impeachment. Conditions an order of detention upon findings: (1) by clear and convincing evidence that detention is authorized; and (2) with respect to a dangerous crime or crime of violence, that there is a substantial probability that the defendant committed the offense and that no conditions will reasonably assure the safety of the community or any other person. Authorizes a judicial officer upon motion of the Government attorney to order detained under medical supervision for up to three days a person charged with a crime of violence who may be a drug addict. Authorizes the detention of any such person under medical supervision upon findings that: (1) there is clear and convincing evidence that the person is an addict; (2) no conditions will reasonably assure the safety of the community or any other person; and (3) there is substantial probability that the person committed the offense. Authorizes a U.S. attorney to appeal a release order. Requires a person who has appealed his conviction in a capital case to be detained unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires a person awaiting sentencing in a capital case to be detained unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to person or property. Revises the penalties for failing to appear. Makes any such failure after notice of the appearance date prima facie evidence of willfulness. Requires any term of imprisonment imposed for a failure to appear to be served consecutively to any other term. Establishes mandatory, additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court.
United States · United States Congress · 28 July 1981
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 27 July 1981
Voting Rights Act Amendments of 1981 - Title I: Amendments to the Voting Rights Act of 1965 - Amends the Voting Rights Act of 1965 to prohibit any State from imposing voting practices "for the purpose or with the reasonably foreseeable effect" of denying or abridging the right to vote on account of race, color, membership in a language minority, failure to comply with any test or device, or to pay a poll tax. Requires a State or local government to provide voting registration material in a language other than English whenever: (1) more than five percent of resident citizens of voting age are members of a single language minority group; and (2) the rate of nonminority voter registration exceeds the rate of the language minority registration by ten percent or more. Permits an aggrieved person or the Attorney General in any case raising an issue of general public interest to bring an action in Federal court for violations of this Act. Authorizes the court to retain jurisdiction for such period as it deems appropriate upon a finding that violations have occurred on a statewide basis or within a political subdivision. Subjects a State or local government to preclearance requirements upon a finding that any violation is part of a pattern or practice of denying rights protected by this Act. Applies the preclearance requirements to either a State and all its political subdivisions or to any political subdivision of a State for a period of five to ten years (as determined by the court) upon a finding that such entity has engaged in a patern or practice of violations. Prohibits any State or political subdivision subject to preclearance from enacting any voting practice or procedure without instituting an action in the U.S. District Court for the District of Columbia that such practice does not have the purpose or reasonably foreseeable effect of denying voting rights and until the court enters judgment to such effect. Permits any such practice to be enforced without a proceeding upon application to the Attorney General.
United States · United States Congress · 14 July 1981
Requires the Director of the Office of Management and Budget to develop standard accounting, auditing and financial management policies for the administration, accounting, and financial auditing of Federal assistance programs to State and local governments and nonprofit tax-exempt organizations. Directs that such standards shall include: (1) terms, definitions and conditions used in such grants, contracts, and cooperative agreements; (2) generally accepted accounting principles and standards; (3) uniform requirements for grant application forms; (4) uniform principles and standards for financial management; and (5) uniform payment policies for grants, contracts, and cooperative agreements. Requires a single independent financial and compliance audit every two years of: (1) State and local governments and subgrantees; and (2) nonprofit organizations and subgrantees which receive Federal assistance in excess of $100,000 per year. Requires such an audit once every five years in the case of recipients of less than $100,000 per year. Directs that such audits shall be audits of the recipient, rather than audits of individual grants and programs. Provides that State and local governments and nonprofit organizations shall have the responsibility for such financial and compliance audits. Requires that such audits be made by independent auditors. Requires the Director to prescribe appropriate means for the reimbursement of independent auditors. Requires the Director to establish a quality review process for such audits. Provides that the Federal government shall be responsible through such quality review process for determining that such audits meet generally accepted standards. States that nothing in this Act limits the authority of Federal agencies to make audits of Federal grants-in-aid, provided that, if such independent audits meet accepted standards, Federal agencies shall rely on these audits and any additional audit work shall build upon the work already done.
United States · United States Congress · 9 July 1981
Amends the Internal Revenue Code to allow the percentage depletion allowance for any geothermal energy source (currently, such energy must be in "deposits"). Qualifies for the residential energy credit and the investment tax credit all of the equipment of a system using both geothermal energy and a source not eligible for a credit if geothermal energy provides more than 80 percent of the energy for which the system was designed. Allows such credits for portions of such systems which produce, distribute, or use a source of energy which is at least 50 percent geothermal energy.
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.
United States · United States Congress · 18 June 1981
Amends the Mineral Land Leasing Act of 1920 and the Mineral Leasing Act for Acquired Lands to expand the application of such Acts to include gilsonite and all vein-type solid hydrocarbons. Provides that acreage in special tar sand areas shall not be chargeable against State acreage limitations applicable to oil and gas lease holders. Defines a special tar sand area as an area designated by the Secretary of the Interior as containing substantial deposits of tar sand. Provides that oil and gas lands within a special tar sand area shall be leased by competitive bidding in units of not more than 5,120 acres. Provides that competitive leases in special tar sand areas shall be for a primary term of ten years. Directs the Secretary to review, prior to the commencement of commercial operations, the royalty rates established in each combined hydrocarbon lease issued in special tar sand areas. Permits the owner of: (1) an oil and gas lease issued prior to the enactment of the Combined Hydrocarbon Leasing Act of 1981; or (2) a valid claim to any hydrocarbon resources leasable under the Act based on a mineral location made prior to January 21, 1926, and located within a special tar sand area to convert such lease or claim to a combined hydrocarbon lease for a primary term of ten years. Provides that nothing in this Act shall: (1) affect the existing tax status applicable to production from tar sand; or (2) apply to national parks, national monuments, or other lands where mineral leasing is prohibited. Directs the Secretary of the Interior to apply this Act to any unit of the national park system where mineral leasing is permitted, upon a finding that there will be no resulting significant adverse impacts on such unit or on other contiguous units.
United States · United States Congress · 18 June 1981
National Port and Navigation Improvement Act of 1981 - Title I: Short Title: Findings and Purposes and Objectives; Definitions - Sets forth the findings of Congress concerning deep-draft commercial ports in the United States. Title II: Priority Navigation Projects - Directs the Secretary of the Army, through the Chief of Engineers, to prepare, maintain, and submit to Congress within one year after enactment of this Act, a deep-draft commercial port maintenance program. Specifies that such program shall include a schedule of required maintenance dredging projects. Directs the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, to submit to Congress a programmatic environmental impact statement, including an analysis of the adequacy of deep-draft commercial ports to accommodate increasing import and export trade. Requires the Secretary to enter into memorandums of agreement with: (1) the Administrator in regard to the disposal of dredged and fill material into navigable waters; and (2) the Secretaries of the Interior and Commerce concerning the environmental aspects of the maintenance and improvement of federally authorized channels in deep-draft commercial ports. Provides for veto of such maintenance program and environmental impact statement by concurrent resolution of Congress within 60 days. Authorizes the Secretary of the Army, for a period of five years (subject to reapproval by resolution of specified congressional committees), to perform maintenance dredging of federally authorized channels. Directs the Secretary to submit to Congress modifications of existing environmental impact statements for certain navigation improvement projects. Authorizes the Secretary to undertake navigation improvements in deep-draft commercial ports on a priority basis under specified circumstances. Sets forth procedures by which the Secretary shall submit feasibility studies, survey reports, and environmental impact statements to Congress. Declares that the absence of a concurrent congressional resolution of disapproval within 60 days following receipt of such study, report, or environmental impact statement shall constitute a determination by Congress that: (1) the navigation improvement project is in the national interest for purposes of the Federal consistency provisions of the Coastal Zone Management Act of 1972; (2) the final environmental impact statement is adequate; and (3) the project is in compliance with the Water Pollution Control Act and the Marine Protection, Research, and Sanctuaries Act of 1972. Directs the Secretary to expedite construction and operation of marine cargo handling facilities at such deep-draft commercial ports. Exempts such environmental impact statements and other actions to carry out such projects from judicial review, with specified exceptions. Title III: Priority Navigation Project Financing - Requires that the Secretary and the port proposing such navigational improvements enter into an agreement which provides that such port pay no more than 40 percent of the project construction cost and no more than 25 percent of operation and maintenance costs. Declares that this Act shall not be construed to prohibit non-Federal public bodies from securing financing through means other than provided for in this Act. Authorizes an affected non-Federal public body to provide for recovery of its reimbursement obligations by the collection of user fees from vessels in commercial waterway transportation in such deep-draft ports. Authorizes the Secretary, in consultation with the Secretaries of Commerce, State, Transportation, Treasury, Energy, and Agriculture, the Attorney General, and the Director of the Office of Management and Budget, to promulgate regulations and guidelines to govern such programs of non-Federal fee collection. Declares that this Act shall not be construed to prohibit the Department of the Army or other Federal authority to operate, maintain, or improve any deep-draft channel or deep-draft commercial port for purposes of Coast Guard navigation requirements or other national defense transportation requirements. Directs the Secretary of the Army to designate a cost allocation of or for national defense and noncommercial purposes of 60 percent for construction and 75 percent for operation and maintenance of deep-draft commercial port navigation improvement projects. Authorizes the Secretary to study, design, construct, rehabilitate, operate, and maintain such deep-draft ports without Federal contribution if the appropriate non-Federal public body agrees to reimburse the Federal Government for all related costs. Amends the Internal Revenue Code to exempt from taxation the interest on obligations for such deep- draft commercial ports navigation improvement projects. Title IV: Miscellaneous Provisions - Authorizes appropriations. Allows the Secretary, upon congressional approval, to transfer funds from existing Department of the Army civil appropriations pending appropriation of such authorized sums. Directs the Secretary to report annually to Congress on the actual and anticipated receipts of the United States pursuant to this Act.
United States · United States Congress · 18 June 1981
Amends the Small Business Act to require that any loan application submitted with respect to a disaster which commenced on or before March 19, 1981, be acted upon under the regulations in effect on the date the disaster commenced.
United States · United States Congress · 11 June 1981
Judicial Survivors' Annuities Reform Act of 1981 - Amends the Judicial Survivors' Annuities Reform Act to revise the annuity program for survivors of Federal Justices, judges, and judicial officers. Makes the benefits conferred by this Act immediately available to any eligible individual. Permits a judicial officer who has participated in such annuity program to withdraw, in writing, according to specified procedures.
United States · United States Congress · 11 June 1981
Former Presidents Facilities and Services Reform Act of 1981 - Title I: Presidential Libraries - Prohibits the Administrator of General Services from establishing any Presidential archival depository after January 20, 1983. Directs the Administrator to submit to Congress a prospectus for establishing a central Presidential library for the deposit and preservation of the records and papers of former Presidents, and historical materials related to the former Presidents. Requires the prospectus to provide: (1) for the establishment of the library in a phased manner allowing for expansion; (2) that the first phase of the library shall provide for the deposit and preservation of the records, papers, and materials concerning two former Presidents; (3) that the archival and research space for each former President in the library shall equal the average space provided per President in all Presidential archival depositories; and (4) that a specified area be established for museum displays concerning each former President. Authorizes the Administrator to lend any item stored in the library for display in a private Presidential museum or library. Directs the Administrator to duplicate and make available upon request the more historically significant documents. Requires the President, while holding office, to dispose of his or her Presidential records which have no administrative, historical, informational, or evidentiary value after obtaining the views of the Archivist of the United States concerning such disposal, unless the Archivist notifies the President that the Archivist intends to request advice from certain congressional committees. Declares that the provisions of this title apply only to: (1) the records of those Presidents taking office after January 20, 1969, for whom a Presidential archival depository is not established before January 20, 1983; and (2) all Presidential records to which the Government has title. Title II: Former Presidents - Changes the amount of the annual allowance to which the spouse of a deceased former President is entitled from $20,000 to two-thirds of the allowance to which a former President is entitled. Repeals the requirement that the spouse must waive the right to any other Government annuity or pension to qualify for such allowance. Authorizes the Administrator to provide to each former President, upon request: (1) one office; (2) compensation, without an aggregate ceiling, for members of an office staff who shall be subject to certain provisions of civil service laws; (3) payment for the travel and subsistence allowances for specified office employees; (4) communications services; and (5) printing and binding expenses. Allows any Federal employee to be detailed to the office staff of a former President with the consent of the employee's agency head. Authorizes the Administrator to provide a former Vice President with necessary services and facilities for winding up his or her office affairs which are similar to the services and facilities provided to a former President under this title. Prohibits the use of funds provided for necessary services and facilities of a former President or Vice President for partisan political activities or income generating activities. Permits a former President to use such funds to prepare his or her memoirs if the former President signs an agreement providing that the Public Printer will print and distribute such memoirs. Prohibits the expenditure of such funds for a former President any time beyond 90 days after the former President dies. Requires each former President to submit to Congress an annual report concerning activities carried out with the assistance of such funds. Authorizes appropriations to carry out the provisions of this title concerning the services and facilities to be provided for former Presidents and Vice Presidents. Repeals specified provisions of the Presidential Transition Act of 1963. Title III: Protection of Former Presidents, Former Vice Presidents, and Their Families - Prohibits the United States Secret Service from protecting a former President, former Vice President, or the spouse, widow, widower, or minor child of a former President except as authorized under this title. Authorizes the Secret Service to protect: (1) a former President for eight years after the individual becomes a former President; and (2) the spouse of a former President to the extent that such protection is incidental to the protection of the former President. Permits the Secretary of the Treasury to reinstate for six months the Secret Service protection of a former President or the spouse, widow, widower, or minor child of a former President after the original protection has been terminated upon finding that a serious threat warranting such protection exists. Allows the Secretary to extend for six-month periods the Secret Service protection provided to such an individual upon the individual's written request and upon the approval of an existing advisory committee established to determine whether protection should be furnished to certain Presidential or Vice Presidential candidates. Establishes the Advisory Panel on Secret Service Protection to review requests for extended protection and to make recommendations on such requests to such advisory committee. Permits the Secretary, upon a former Vice President's written request and upon finding that a threat exists which warrants protection, to authorize Secret Service protection for a former Vice President for a period beginning on the last day of the individual's Vice Presidential term and ending on the last day of the fiscal year in which the term expires. Declares that this title shall take effect on October 1, 1981.
United States · United States Congress · 11 June 1981
Amends the Internal Revenue Code to increase the limitation to $5,000 ($7,000 for married individuals) on the income tax deduction for individual retirement savings. Allows individuals covered by employer plans to qualify for the deduction for retirement savings.
United States · United States Congress · 4 June 1981
Amends the Internal Revenue Code to extend the targeted jobs income tax credit through 1984. Restricts the applicability of retroactive certifications of individuals as members of targeted groups for purposes of such credit.
United States · United States Congress · 2 June 1981
Interstate Compacts - Grants the consent and approval of Congress to amendments made by the District of Columbia, Virginia, and Maryland to the Washington Metropolitan Area Transit regulation compact which delete the requirement that laborers and mechanics employed by the contractors and subcontractors of the Washington Metropolitan Area Transit Authority be paid wages at rates not less than those prevailing on similar construction in the locality in accordance with the Davis-Bacon Act.
United States · United States Congress · 28 May 1981
Prohibits the Federal Trade Commission from investigating or taking any action concerning any State regulated profession until Congress enacts legislation which expressly provides that the Commission has authority over professions and that the Commission's authority preempts State authority. Vacates any such action taken during the period beginning on May 28, 1981, and ending on the date of enactment of this Act.
United States · United States Congress · 27 May 1981
Amends the Urban Mass Transportation Act of 1964 to exempt construction contracts and subcontracts financed by loans or grants made to the Washington Metropolitan Area Transit Authority under such Act from the prevailing wage provisions of the Davis-Bacon Act.
United States · United States Congress · 27 May 1981
Bankruptcy Technical Amendments Act of 1981 - Title I: Amendments to Title 11 of the United States Code - Amends Federal law to make technical and grammatical corrections to the Bankruptcy code. Title II: Amendments to Title 28 of the United States Code - Amends Federal law to make technical amendments to the Bankruptcy code. Declares that an order of discharge or an order of confirmation in a bankruptcy case which has become final may be registered in any other district by filing in the office of the clerk of the bankruptcy court of that other district a certified copy of the order. Title III: Amendments to the Act of November 6, 1978 - Amends Federal law to make technical corrections to the Bankruptcy code relating to transition of the bankruptcy system to conform with PL 95-598. Title IV: Amendments to Other Acts - Amends the Perishable Agricultural Commodities Act of 1930, the Federal Mine Safety and Health Act of 1977, and the Securities Investor Protection Act of 1970 to make technical and conforming amendments. Title V: Effective Dates - Sets forth the effective dates for the amendments made by this Act.
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).
United States · United States Congress · 19 May 1981
Amends the Internal Revenue Code to allow certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses, without regard to any community property laws.
United States · United States Congress · 19 May 1981
Amends the Internal Revenue Code to revise requirements for the exclusion of interest on mortgage subsidy bonds. Repeals provisions which allow tax-exempt status for such bonds if 95 percent of the mortgages financed by such issues are in compliance with stated requirements. Provides that a showing that the issuing authority has tried in good faith to satisfy all requirements will cure a failure to meet any particular requirement if such failure is corrected within a reasonable time after its discovery. Allows bondholders to rely upon an issuer's good faith covenant as to a compliance. Revises the new homeowner requirements to allow eligibility for bond-financed mortgages for persons who are residing in substandard housing or who have lost their homes because of natural disasters or governmental action. Changes the method of determining the average area purchase price for purposes of the purchase price requirements for bond-financed mortgages. Specifies that the average area purchase price shall not include residences which are not typically financed through normal real estate mortgage loans and that such price may be determined separately for new and previously occupied homes. Revises the arbitrage requirements to increase the amount by which interest rates on tax-exempt mortgage subsidy bonds may exceed the interest rates on mortgages financed with such bonds. Changes the method of determining the yield on an issue. Specifies that issuers are not required to dispose of any investment and realize a loss in order to satisfy arbitrage restrictions. Allows two or more qualified mortgage bond issues of a single issuer to be combined for purposes of determining compliance with arbitrage requirements. Permits issuers to maintain a reasonable reserve against investment losses and to allocate credits or payments between eligible mortgagors. Exempts mortgages insured by the Federal Housing Administration or guaranteed by the Veterans Administration from certain mortgage assumption requirements. Includes energy impacted areas within the definition of targeted areas for purposes of the special treatment of targeted area residences. Repeals the requirement that the designation of areas of chronic economic distress be approved by the Secretary of Housing and Urban Development. Limits the designation of areas of chronic economic distress to 25 percent of the geographic area within a State. Redefines statistical areas to include two or more statistical areas combined. Repeals the registration requirements for bond issues.
United States · United States Congress · 13 May 1981
Directs the Postmaster General to issue a postage stamp to honor the seventieth anniversary of the founding of the Girl Scouts of the United States of America.
United States · United States Congress · 12 May 1981
Directs the Secretary of the Treasury to pay a specified sum to two named individuals in full satisfaction of a claim against the United States arising out of the wrongful death of their son while on duty with the U.S. Army.
United States · United States Congress · 12 May 1981
Piracy and Counterfeiting Amendments Act of 1982 - Increases the criminal penalties for the transportation, sale, or receipt of phonograph records bearing forged or counterfeit labels. Increases criminal penalties for the willful infringement of a copyright for commercial advantage or private financial gain involving a specified number of phonorecords, motion pictures or audiovisual works, or sound recordings.
United States · United States Congress · 12 May 1981
Steel Industry Compliance Extension Act of 1981 - Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to extend the date for compliance with emission limitation requirements by owners or operators of a stationary source in an iron- and steel-producing operation if: (1) the compliance date extension is necessary to allow the applicant to make capital investments in its operations to improve efficiency and productivity; (2) the funds freed by such extension will be used within two years for additional capital investments in the applicant's operations; (3) the Administrator and the applicant agree to a phased compliance program for each of the applicant's stationary sources; (4) the applicant has sufficient funds to comply with such program; (5) the applicant is in compliance with any existing Federal decrees applicable to its operations; and (6) the compliance date extension will not result in the degradation of air quality during the extension term. Prohibits the imposition of a noncompliance penalty under the Clean Air Act upon an owner or operator with a compliance date extension provided their stationary source remains in compliance with all the requirements of such extensions. Makes available to the public all information obtained by the Administrator under this Act, subject to a specified exception. Directs the Administrator to publish notice of receipt of an application for extension of time in the Federal Register and to notify the appropriate State and local officials. Directs the Administrator to publish in the Federal Register notice of any finding made or other action taken, or failure or refusal to take action, by the Administrator in connection with consent decrees. Provides that such findings, actions, refusals, or failures shall be reviewable only by a court in which a specified civil action under such Act is brought against the stationary source owner or operator. States that revision of a State implementation plan is not required because a compliance date extension has been granted if such plan would have met Clean Air Act requirements prior to the granting of such extension.
United States · United States Congress · 7 May 1981
Legal Services Corporation Act Amendments of 1981 - Amends the Legal Services Corporation Act to increase the State advisory councils from nine to ten members. Requires that each council include two eligible clients and two members of the general public from the State. Directs the Legal Services Corporation (LSC) to notify the appropriate advisory council of the initiation of any project, including any grant or contract, at least 60 days prior to its approval. Directs the Board of Directors of the LSC to issue enforcement regulations which includes provisions for the immediate suspension of financial assistance. Stipulates that an entity shall receive, pending a refunding application, interim funding which is sufficient to allow continuation of existing representation (instead of funding which is necessary to maintain current levels of activities). Applies the current prohibition, with criminal penalties, against lobbying with appropriated funds to all LSC officers and employees. Includes additional restrictions against use of Corporation funds for lobbying purposes. Deletes the current exception permitting use of funds for such purposes when a government body is considering a measure directly affecting the activities of the Corporation or a recipient. Prohibits class action suits against the Federal, State, or local governments except in accordance with Board policies or regulations. Makes the Corporation liable for reasonable attorneys' fees and costs in any case in which the court finds that the action had no reasonable basis in law or fact. Requires legal services attorneys to attempt to negotiate a settlement before filing suit, except where the local program director determines that immediate action is required to protect the interests of a client. Directs the Corporation to make available substantial amounts of funds for provision of legal assistance by private attorneys. Requires the Corporation to insure that any recipient receiving an award of attorneys' fees transfers such fees to the Corporation. Revises an existing restriction on political activities to stipulate that no funding may be used to disseminate information about political activities, including labor activities, picketing, and demonstrations. Revises the current restriction on legal assistance with respect to abortion to prohibit any such assistance unless abortion is necessary to save the life of the mother (current law prohibits assistance for procuring a "nontherapeutic" abortion). Adds new prohibitions against the use of funds for: (1) legal assistance on behalf of any illegal alien; and (2) legal assistance for adjudicating the legalization of homosexuality. Requires each recipient to maintain documentation: (1) demonstrating the eligibility of each person to whom legal assistance is provided; and (2) of any activity involving an enumerated duty of the Corporation or funding restriction. Directs the Corporation to review such documentation to assure compliance. Authorizes appropriations for the Corporation in the reduced amounts of $260,000,000 for FY 1982 and $260,000,000 for FY 1983. Decreases from ten to seven percent of appropriated funds the ceiling on funding for research, technical assistance, and information services.
United States · United States Congress · 7 May 1981
Delinquent Payments Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Specifies the procedure for computing such interest. Requires an agency to pay any such interest charges out of funds made available for administration of its programs. Allows an agency to take advantage of an early payment discount only if payment is made within the time specified by the business. Directs each agency to report to Congress annually on interest payments made during the fiscal year.
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.
United States · United States Congress · 30 April 1981
Regulatory Reform Act of 1981 - Amends the Administrative Procedure Act to require the notice of proposed agency rulemaking to include: (1) an agency solicitation for public proposals for alternative methods of achieving the regulatory objective; (2) a description of the data on which the agency will rely in the rulemaking; and (3) a determination of whether the rule is a "major rule" as defined in this Act. Directs each agency to publish with such notice: (1) a description of the costs and benefits of and alternatives to the proposed rule; and (2) a justification for proposing the rule and selecting it over the alternatives. Requires agencies to give interested persons at least 60 days to submit written comments on any proposed rule, and oral comments on major rules. Provides for a 30-day extension of such period. Directs each agency to publish with each final rule a statement of the basis and purpose of the rule which includes an assessment of the public comments on the rule and a comparison of the costs, benefits, and adverse effects of the rule. Requires an agency officer or employee to prepare the rulemaking notice and the statement of the basis and purpose of a rule. Directs each agency to maintain a public file of the paperwork and comments pertaining to each rulemaking proceeding, which shall constitute the rulemaking record for purposes of judicial review. Allows an agency to promulgate an emergency rule without meeting the notice and comment requirements under such Act. Directs any such agency: (1) to publish an explanation of the situation requiring the rule and a justification of the rule selected; and (2) to comply with normal rulemaking requirements with respect to such rule as soon as practicable. Requires each agency to review each of its major rules every ten years to determine whether to renew, amend, or rescind each rule. Directs each agency to: (1) publish and submit to the President a proposed review schedule; and (2) publish a final schedule within one year after enactment of this Act. for review. Directs each agency to publish a notice of its proposed action regarding a rule being reviewed. Requires that the notice: (1) assess the costs, benefits, and adverse effects of the rule; and (2) invite public proposals for modifications or alternatives to the rule. Requires an agency to follow normal rulemaking procedures when amending or rescinding a rule. Specifies procedures for renewing a rule without amendment. Directs a court reviewing an agency action to: (1) set aside any agency rule found to lack substantial support in the rulemaking file; (2) determine the authority or jurisdiction of the agency on the basis of the language of the authorizing statute or other evidence of legislative intent; and (3) accord no presumption in favor of or against agency action. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select at random the court in which the in which the record shall be filed. Authorizes the courts not selected to grant preliminary relief pending transfer of their proceedings. Requires each agency to publish in the Federal Register, semiannually: (1) an agenda of the rules the agency expects to propose, promulgate, renew, or withdraw within the next 12 months, including a schedule of the significant actions pertaining to each rule; and (2) a Calendar of Federal Regulations listing each of the major rules included in the agenda.
United States · United States Congress · 28 April 1981
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage from entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State, or limiting such distributor to the sale of such beverage for ultimate resale to consumers in that area, when such beverage has substantial competition from other malt beverages in that area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 10 April 1981
Constitutional amendment - Proposes a constitutional amendment to provide apportionment of Representatives in Congress among the States according to the number of citizens and persons legally admitted into the United States for permanent residence (currently apportioned according to the number of persons in each State).
United States · United States Congress · 7 April 1981
Amends the Mineral Land Leasing Act of 1920 and the Mineral Leasing Act for Acquired Lands to expand the application of such Acts to include gilsonite and all vein-type solid hydrocarbons. Authorizes the Secretary of the Interior to establish a lower aggregate acreage limitation for oil and gas leases in designated tar sand areas. Increases the size of units which may be leased within producing oil or gas fields if such fields are in designated tar sand areas. Directs the Secretary, under specified conditions, to extend a lease for not less than five years beyond its primary term in designated tar sand areas. Directs the Secretary to review, prior to the commencement of commercial operations, the royalty rates in each combined hydrocarbon lease issued in designated tar sand areas. Entitles the owner of an oil and gas lease issued prior to the date of enactment of the Combined Hydrocarbon Leasing Act of 1980 to convert such lease to a combined hydrocarbon lease for a primary term of five years. Authorizes the Secretary to permit the horizontal segregation of a combined hydrocarbon lease.