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United States · Official source
1,699 records where Rep. Chappell, Bill, Jr. [D-FL-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 February 1982
Requests the President to designate the week beginning on November 21, 1982, as National Family Week.
United States · United States Congress · 9 February 1982
Designates March 18, 1982, as National Agriculture Day.
United States · United States Congress · 3 February 1982
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of Congress, a gold medal to Admiral Hyman George Rickover in recognition of his distinguished service and for his contributions to the development of safe nuclear energy and to the defense of the United States. Directs the Secretary of the Treasury to provide for a gold medal with suitable emblems, devices, and inscriptions. Authorizes appropriations to carry out such provision. Authorizes the Secretary to make available bronze duplicates of such medal for sale under regulations he prescribes and in accordance with provisions of this Act.
United States · United States Congress · 2 February 1982
Requests the President to designate the month of April 1982 as Parliamentary Emphasis Month.
United States · United States Congress · 2 February 1982
Requests the President to designate March 21, 1982, as Afghanistan Day.
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.
United States · United States Congress · 28 January 1982
Expresses the sense of the Congress that no new withholding of tax requirement should be imposed on interest and dividends.
United States · United States Congress · 26 January 1982
Makes supplemental appropriations to the Department of Transportation for the operating expenses of the Coast Guard during FY 1982.
United States · United States Congress · 26 January 1982
Expresses the sense of the Congress that the President should commemorate the contributions of the pilots of the United States Air Force Aerial Demonstration Squadron, known as the Thunderbirds, who have lost their lives in the course of duty. Expresses congressional support for the continuation of the Thunderbird program.
United States · United States Congress · 25 January 1982
Amends the Federal census provisions to require Federal agencies to use the most recent population data (rather than the most recent decennial census data) in determining the amount of benefits due State and local governments under Federal programs.
United States · United States Congress · 16 December 1981
Amends the copyright law to exempt the home recording of copyrighted works on home video recorders for private home, noncommercial use from copyright infringement.
United States · United States Congress · 16 December 1981
Clean Air Amendments of 1981 - Amends the Clean Air Act ("the Act") to revise provisions applicable to stationary and mobile sources of air pollution. Declares that such revision is for the purposes of: (1) preserving the basic framework and purposes of the Act; (2) continuing unchanged the Act's statutory requirements for setting and revising national ambient air quality standards (NAAQS) (both "primary" NAAQS, relating to human health; and "secondary" NAAQS, relating to other "welfare" factors); (3) lessening the complexity in the process of achieving those standards and other requirements of the Act; (4) expediting the review and approval process for State implementation plans (SIPs); (5) providing reasonably appropriate extensions of time for States to attain NAAQS and providing administrative flexibility for States and the Administrator of the Environmental Protection Agency (EPA) to achieve the purposes of the Act in a timely and reasonably effective way; (6) ensuring adequate consideration of economic, energy, safety, environmental, employment, and other relevant factors in achieving NAAQS and other requirements; (7) supporting training programs for State and local governments; and (8) providing sufficient budget authority and personnel for the Administrator to enable the EPA and the States to carry out the Act in a timely and efficient manner without undue reliance on contractors. Title I: Amendments Relating Primarily to Regulation of Stationary Sources - Revises title I (Air Pollution Prevention and Control) of the Act. Use of Best Available Data - Requires that the best available data obtained by monitoring or modeling be used in revisions of a list of air quality control regions that do not meet specified standards. Provides that, where available, "reliable monitoring data" shall be considered "the best available data." Directs the Administrator to decide upon "the best available data" and "reliable monitoring data." State Plans and State Implementation Plans Revision Process - Revises deadlines for development of State implementation plans (SIPs) to extend the current nine-month period to "a reasonable time as determined by the Administrator (but not to exceed two years)." Directs the Administrator to participate in public hearings conducted by a State, where appropriate to expedite the approval of any SIP revision. Authorizes the Administrator, with the consent of the State, to jointly conduct such hearings. Sets forth new provisions for a State Implementation Plan Revision Process. Directs the Administrator to publish prompt notice of any State submission of any SIP revision. Provides for a written comment period of 30 to 70 days. Permits the Administrator to approve or disapprove the SIP revision, without additional proceedings, where the revision was submitted after State administrative proceedings certified by the State to be at least comparable to specified Federal rulemaking proceedings (including reasonable notice and public hearing) and after the written comment period. Authorizes the Administrator to conduct additional proceedings within a specified period. Directs the Administrator to approve or disapprove the SIP revision 70 to 120 days after submission. Allows the Administrator to: (1) extend for up to 60 days the periods for submission of written comments and for final approval or disapproval; and/or (2) conduct additional proceedings. Requires published notice of and reasons for such extension. Requires published notice of approval or disapproval before the expiration of the 120-day period or the extended period. Deems any SIP revision that has not been approved or disapproved before the expiration of the required (or extended) period to have been approved. Directs the Administrator to publish notice and a copy of the revision, at the expiration of such period (or extension). Provides that specified "noncontroversial revisions" of SIPs shall be deemed approved upon adoption by a State. Requires a State, upon adoption of a noncontroversial SIP revision and expiration of a 30-day written comment period, to transmit notice, to the Administrator and the Federal Register, to be published as if it were a revision promulgated by the Administrator. Defines a "noncontroversial revision" as one: (1) for which no person has filed a written objection based on any provision of the Act or any regulation in effect under the Act; and (2) which is adopted by the State pursuant to Administrator-approved procedures (including reasonable notice and opportunity for participation by the public and the Administrator). Prohibits treating as a noncontroversial revision any change in a stationary source emission limitation, compliance schedule or timetable, or permit provision, until the Administrator has promulgated certain regulations requiring that such changes be limited to a stationary source already in operation and do not permit emissions increases in excess of an amount deemed by rule to be significant. Directs the Administrator to take specified factors into account in promulgating such regulations. Applies the term "noncontroversial revision" also to any revision relating only to specified information requirements. Permits State variances that are SIP revisions issued on a six-month emergency basis to be treated as approved revisions under a process similiar to that for noncontroversial revisions. Directs the Administrator to conduct periodic audits of SIPs and other State activities under the Act. Directs the Inspector General to periodically review, and report to Congress on, the Administrator's audit activities. Directs the Administrator to notify a State of information derived from such audits. Authorizes the Administrator, in addition to requiring appropriate State revision or invoking Federal revisions, to suspend the application of the new SIP revision process where a State fails to correct any deficiency or problem within an appropriate period. Requires that audit reports be available to the State and the public. Allows the Administrator to grant an extension of up to four years (currently a two-year extension) for SIP compliance with NAAQS. Specifies that the Administrator may delegate approvals or disapprovals of SIPs or SIP revisions. New Source Performance Standards - Revises provisions for New Source Performance Standards (NSPS) to limit the application of percentage reduction requirements (under which coal-burning facilities must remove a certain percentage of sulfur emissions) to those categories of stationary sources to which such requirements apply under regulations in effect on December 31, 1981. Enforcement - Provides a one-year period for compliance after issuance of specified Federal enforcement orders (not including Federal orders relating to violations of national emission standards for hazardous air pollutants or State enforcement orders). Repeals a requirement that the Administrator seek an injunction or assess a civil penalty in the case of any major stationary source not in compliance within 30 days of such a Federal enforcement order. Provides discretionary authority for the Administrator to seek injunctions or assess penalties in such cases or in any other cases of noncompliance beyond 30 days of such orders (and continues such discretionary authority in cases not involving major stationary sources). Directs the Administrator to carry out specified enforcement authorities through the use of full-time Federal officers or employees. States that contractors should be used only as necessary to provide technical support for such enforcement. Prohibits the Administrator from contracting with anyone other than a full-time Federal officer or employee to provide legal assistance for such enforcement. Requires (currently allows) each State to develop and submit to the Administrator a plan for carrying out noncompliance penalty provisions in such State. Repeals the authority of the Administrator to carry out noncompliance penalty provisions in a State under certain conditions. Authorizes (currently requires) the State, or the Administrator if the State has not received a delegation, to carry out penalty provisions to assess and collect a noncompliance penalty in specified circumstances. Authorizes the State to grant exemptions from penalties in cases of minor noncompliance (and continues the authority of the Administrator, when appropriate, to do so). Repeals a requirement that the Administrator send notices of noncompliance to specified persons, in the event the State fails to send such notices. Requires persons receiving such notices to submit a calculation of the amount of penalty owed and a schedule of payments within a reasonable period prescribed by the Administrator or the State (currently requires such submission within 45 days of notice issuance or petition denial). Makes a similar change in the deadline for submissions of petitions challenging such notice or alleging entitlement to an exemption. Provides that public hearings on such petitions be conducted by the Administrator or the State, as appropriate, and that decisions on such petitions be made within a reasonable time (currently requires the Administrator to hold such hearings unless the State agrees to do so and currently requires a decision within 90 days after receipt of the petition). Repeals provisions authorizing the Administrator to review State decisions on such petitions and requiring such review under certain conditions. Authorizes the State or the Administrator, as appropriate, to adjust or compromise any penalty assessment if the source is in compliance. Repeals provisions for: (1) final adjustments of penalties after compliance; and (2) Administrator objections to, and substitutions for, State noncompliance penalties. Revises requirements for noncompliance penalty assessed amount determinations and payment schedules. Attainment Date Extensions - Permits States to receive up to five-year extensions beyond the December 31, 1982, primary NAAQS attainment date for pollutants in nonattainment areas (the Act currently permits extensions up to December 31, 1987, for carbon monoxide and photochemical oxidants). Requires, in order to receive such extensions, that a State: (1) certify to the Administrator that attainment is not possible before December 31, 1982, despite implementation of all reasonably available measures; and (2) commit itself to not modifying State nonattainment plan provisions so as to adversely affect reasonable further progress. Directs the Administrator to publish notice of such certification and afford an opportunity of not more than 60 days for public comment, including a hearing where appropriate. Directs the Administrator, if satisfied that such attainment is not possible, to extend the deadline to a date providing for attainment as expeditiously as possible, but not later than December 31, 1987. Grants the Administrator discretionary authority, upon State application and after notice and public hearing, to provide an additional extension of an attainment date for any NAAQS, for up to six years beyond the December 31, 1987 extension. Conditions such additional extensions on a State demonstration that: (1) reasonable further progress toward attainment has been made during the previous extension period; (2) air quality problems are so severe and persistent, for identified reasons, that the previous extended deadline cannot be attained; (3) all applicable SIP provisions, including those relating to legislative and funding actions and reasonably available control technology are being adequately implemented; (4) an approved program has been adopted and implemented applicable to in-use motor vehicle emissions (including a vehicle inspection and maintenance program, where appropriate in the case of carbon monoxide and photochemical oxidants; and (5) a reasonable and practical program for attainment within a specified period has been submitted as a revision of the SIP. Directs the Administrator to: (1) promulgate regulations for determining the terms of such additional extensions; and (2) annually audit the progress of any State that has not attained a NAAQS by the additional extension deadline. Prohibits issuance of a construction or modification permit for any major stationary source which emits a pollutant for which a NAAQS has not been attained by the appropriate deadline. Permits case-by- case waivers of such prohibition for the construction of any new stationary source to replace an existing stationary source, upon determination that emissions from the new source of each air pollutant for which the area is designated a nonattainment area will be less than such emissions from the existing source. Directs the Administrator to: (1) enforce such permit requirements by issuing an order or bringing a civil action; and (2) seek an injunction or assess a civil penalty for violations of such prohibitions against construction or modification. Nonattainment (other amendments) - Revises other part D provisions for permit requirements in nonattainment areas to require that proposed new or modified major stationary sources comply with the best available control technology (BACT) standard, in the case of permits issued on or after the date 180 days after the enactment of this Act (compliance with the lowest achievable emission rate (LAER) standard is thus required only for permits issued before such date). Repeals a requirement that SIP provisions for nonattainment areas establish a specific schedule for implementation of a vehicle emission control inspection and maintenance (I and M) program in order to qualify for a deadline extension in meeting the primary NAAQS for photochemical oxidants or carbon monoxide. Requires that SIP nonattainment provisions for urban areas with greater than 500,000 population in which the 1981 photochemical oxidants and/or carbon monoxide level exceeded the respective primary NAAQS by 50 percent or more must contain a cost-effective program applicable to in-use motor vehicle emissions and not inconsistent with title II (Emission Standards for Moving Sources) of the Act. Requires that such program include an I and M program, if the Administrator deems this appropriate. Allows a State to decide that the I and M program will apply first to motor vehicle fleets and commercial operators and then, when the State determines necessary for attainment, to other vehicles. Permits any State to: (1) continue an I and M program for any nonattainment area which does not fall under the new requirements concerning urban areas with the above-mentioned population and pollution areas; or (2) submit revisions to modify or eliminate such program. Makes specified emissions level requirements for construction and operation in nonattainment areas inapplicable in the case of any SIP under which: (1) all new major stationary sources are required to comply with the best available control technology (BACT) standard; (2) an adequate emissions inventory is maintained; (3) all existing major stationary sources will be in compliance with emission limitations based upon reasonably available control technology (RACT) not later than 1987 (or earlier, as appropriate); and (4) notwithstanding the construction of new major stationary sources, there is a program for obtaining such annual reductions in emissions as represent reasonable further progress. Repeals provisions for Federal authority to withhold Federal grant funds for sewage treatment and highways in cases of noncompliance with the Act. Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter - regulations for other pollutants are not yet final - in areas with cleaner air than that required by NAAQS. Currently the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas.) Repeals the "increment" limitations (specified "maximum allowable increases over baseline concentrations") for class II and class III areas. Allows, in class I areas, the short-term increment limitation to be exceeded five times per year (currently only one short-term excess is permitted). Permits State Governors to rule that concentrations of particulate matter attributable to fugitive dust from specified sources shall not be taken into account in determining compliance with maximum allowable increases in ambient concentrations, unless the Administrator rules that the inclusion of such fugitive dust is necessary to carry out the purposes of PSD provisions. Eliminates provisions for PSD area redesignations as class III areas. Revises PSD preconstruction review analysis requirements to grant discretion to the permitting authority in determining whether continuous air quality monitoring data is necessary to determine whether emissions from a facility will exceed maximum allowable increases (class I area increments) or maximum allowable concentrations (primary and secondary NAAQS). Eliminates the special definition of "best available control technology" (BACT) for purposes of PSD provisions. Defines BACT for purposes of the Act to mean the applicable New Source Performance Standards (NSPS) (the EPA-set technology-based standards for categories of industries), along with applicable national emission limitation standards for hazardous air pollutants (NESHAPs). Retains determination of the BACT by the permitting authority on a case-by-case basis where no NSPS exists for a stationary source in a particular category. Allows State and local governments to adopt or enforce standards or limitations more stringent than the BACT standard. Provides that PSD preconstruction requirements shall only apply to physical or operational changes resulting in a significant net increase in source emissions of any air pollutant regulated under provisions for NAAQS, NSPS, or NESHAPs. Sets a de minimis amount for such increase at 100 tons per year (1,000 tons per year of carbon monoxide) for any air pollutant for which a NAAQS is established (except lead). Authorizes the Administrator to determine, by rule, that a lesser amount is necessary to carry out PSD purposes. Makes technical and conforming amendments. Eliminates the requirement that PSD regulations for hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides contain measures at least as effective as the "increment" limitations for sulfur oxides and particulate matter. Effective Data and Transitional Rules - Sets forth an effective date and transitional rules for the amendments relating to Nonattainment provisions and to PSD provisions. Regulatory Stability - Sets forth regulatory stability provisions establishing a ten-year "grandfather" period, commencing with construction or modification, during which a stationary source (unless subsequently modified) shall not be subject to more stringent requirements if the construction or modification is subject to NSPS, obtains a permit or approval, and meets all permit or approval requirements. Excludes from such "grandfather" provision any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous pollutants designated under NESHAP provisions; (2) pollutants with no NAAQS in effect at commencement of the construction; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Ozone Protection - Directs the President to report to the Congress annually, beginning within two years of the enactment of this Act, on the status of actions toward international agreements concerning the protection of stratosphere. Requires that copies of such reports be made available to the public. Directs the Administrator to make specified determinations, considerations of study results, and findings before any ozone protection regulation on chloroflurocarbon control is proposed or promulgated. Title II: Mobile Source Amendments - Revises part A (Motor Vehicle Emission and Fuel Standards) of title II (Emission Standards for Moving Sources) of the Act. Establishment of Emission Standards for New Motor Vehicle or New Motor Vehicle Engines - Requires that any more stringent new standard not become effective for at least: (1) 48 months after prescription or revision, in the case of heavy-duty vehicles or engines; and (2) 36 months after prescription or revision, in the case of all other new motor vehicles or engines. Provides that any more stringent new standards must reflect the degree of emission reduction the Administrator determines to be reasonably achievable through application of technology adequately demonstrated to be available for the appropriate model year. Directs the Administrator, in making such determination, to consider costs, applicability to gasoline or diesel-fueled vehicles or engines, impact on fuel economy, effect on level of all emissions from such vehicles or engines, safety, commercial use, and other appropriate factors. Authorizes the Administrator to arrange with the National Academy of Sciences (NAS) to review the technical feasibility of such proposed new standards and to submit written reports which shall be available to the public. Revises provisions relating to regulations applicable to emissions of carbon monoxide, hydrocarbons, oxides of nitrogen, and particulate matter from classes or categories of heavy duty vehicles or engines. Provides that the standards prescribed (after enactment of this Act) in such emissions regulations shall apply for a minimum period of four model years unless less stringent standards are prescribed for any model year during that period. Requires that standards applicable to emissions of oxides of nitrogen and particulate matter be prescribed at the same time. Directs the Administrator to arrange with NAS for a technological feasibility report with respect to any proposed standard for particulate matter to be prescribed for heavy-duty vehicles and engines. Revises provisions for a continuing pollutant specific study concerning the effects of air pollutant emissions. Revises deadlines for such study (making the next deadlines January 1, 1983, and before January 1 of each fourth year thereafter). Requires notice and opportunity for public comment before the Administrator determines that the operation or function of an emission control device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety. Adds to the factors the Administrator must consider in making such determination any information obtained from any manufacturer under specified compliance testing provisions. Revises standards for regulation of emissions from light-duty vehicles and engines manufactured during and after model year 1982 for specified pollutant grams per vehicle mile (gpm): (1) .41 gpm of hydrocarbons; (2) seven gpm of carbon monoxide; and (3) two gpm of oxides of nitrogen. Authorizes the Administrator to revise any such standard for any model year after model year 1986. Prohibits any revised standard from being more stringent than the standard applicable (without regard to any waiver) to light-duty vehicles and engines manufactured in the 1981 model year. Revises provisions for waivers of such emission standards. Directs the Administrator, after notice and opportunity for public hearing, to waive any emission standard for any model of vehicles or vehicle engines for up to four model years, upon petition and demonstration by the manufacturer that such waiver is necessary for the use of an innovative power train technology, innovative emission control device or system, or alternative fuel or power source. Adds "the potential to conserve energy" to factors to be considered in granting such waivers. Revises th maximum number of vehicles or engines per manufacturer to which such waivers may apply. Sets such maximum at 200,000 vehicles or engines per year of such waiver, but not more than 500,0000 for a four model years waiver. Prohibits extension or renewal of four model years waivers. Requires that such waivers include appropriate emissions standards to: (1) ensure, in the Administrator's judgment, no significant adverse impact on achieving applicable NAAQS; and (2) encourage development and production of such model. Limits to one-half the average original actual life for each class or category of motor vehicle or motor vehicle engine (other than light-duty or motorcycle) that period of use the Administrator is authorized to determine as appropriate for specified provisions relating to the "useful life" of such vehicles or engines. Provides that future regulations affecting the manufacture, distribution, or sale of motor vehicles or engines for high altitude areas of the United States: (1) shall include the exemptions provided in regulations for model year 1982; and (2) may provide specified high altitude performance adjustments. Prohibits any regulation requiring a percentage of reduction in emissions from high altitude motor vehicles greater than that required for non-high altitude motor vehicles. Prohibits regulations applying a numerical standard for determination of such percentage reduction for high altitude vehicles more stringent than that for non-high altitude vehicles. Prohibits regulations requiring that any emission control device or element of design needed to meet the applicable emissions standards under high altitude conditions also be installed on motor vehicles or engines intended for principal use in non-high altitude locations. Prohibited Acts - Includes among prohibited acts the failure or refusal by any manufacturer to comply with EPA requests for information for a study relating to the availability and distribution to motor vehicle dealers located at high altitudes of models of new light-duty motor vehicles. Compliance Testing and Certification - Revises provisions for compliance testing and conformity certification to direct the Administrator to reliably evaluate or require reliable evaluation of (but not necessarily to test or require testing of): (1) any new motor vehicle or new motor vehicle engine submitted by a manufacturer; and (2) any emission control system incorporated in a vehicle or engine submitted by any person. Repeals a one-year maximum limit on the period which a certificate of conformity may cover. Requires that compliance tests or other reliable evaluations determine the average emissions from vehicles or engines. Requires, in making such determination, that: (1) gasoline-fueled vehicles or engines not be in the same class or category as diesel-fueled; and (2) light-duty vehicles or engines not be in the same class or category as heavy-duty. Allows the inclusion of light-duty trucks, certified as such by the Administrator, in the same class or category as light-duty vehicles or engines. Directs the Administrator to establish an acceptable quality level for all new motor vehicles equivalent to the level applicable to 1981 model year light-duty vehicles. Repeals a requirement that all light-duty vehicles manufactured during and after model year 1984 comply with specified emission standards regardless of the altitude at which they are sold. Compliance by Vehicles and Engines in Actual Use - Revises provisions for compliance by vehicles and engines in actual use to base determinations of nonconformity with regulations by any class or category of vehicles and engines manufactured after a specified date upon the average performance in testing a statistically valid and representative sample. Permits manufacturers to elect to take other actions, in lieu of remedying such nonconformity, with respect to those or other vehicles or engines, consistent with the purposes of title II of the Act. Prohibits manufacturers from including together in the same such actions: (1) both gasoline and diesel-fueled vehicles or engines; or (2) both light-duty and heavy-duty vehicles or engines. Directs the Administrator to consider the effects on competition, in approving a manufacturer's plan to remedy or take other actions with respect to such nonconformity. Repeals a requirement that dealers furnish purchasers of new light-duty motor vehicles certificates of conformity with applicable emission standards, including notice of purchaser warranty rights. State Standards - Provides that, in the case of any new motor vehicle or engine designed to comply with State emission control standards for which a waiver of Federal standards has been granted, compliance with such State standards shall be treated as compliance with applicable Federal standards. High Altitude Performance Adjustments - Repeals a provision requiring that there be a State-instituted motor vehicle inspection and maintenance (I and M) program in nonattainment areas of a State before authority relating to high altitude performance adjustments may be available to such State. Effective Date - Provides that specified foregoing amendments made by this title shall take effect with respect to vehicles and engines manufactured in model years beginning more than 60 days after the enactment of this Act. Study and Development of Alternative Emissions Control - Directs the Administrator to initiate a study and related proceedings, including appropriate informal public hearings, to: (1) develop alternative and practicable approaches to emission control of any air pollutant, subject to such regulation, from new motor vehicles or engines; and (2) evaluate the existing control program. Sets forth the factors to be considered by the Administrator concerning such alternative approach. Requires that a report of such study, including public comments, be submitted to the appropriate committees of the Congress within one year. Sets forth criteria for proposed regulations under any such alternative approach. Prohibits promulgation of such regulations except after final rulemaking as required by this Act and pursuant to legislation reported from the appropriate committees of Congress and enacted either after the date of submission of the report of the study or after the date of submittal of the regulations to the Congress. Warranties and Parts Certifications - Repeals a requirement that manufacturers warrant that new motor vehicles or engines are: (1) designed, built, and equipped so as to conform with emissions standards at the time of sale; and (2) free from defects in materials and workmanship which cause failure to conform during the period of useful life. Requires, instead, a production warranty that the vehicle or engine is equipped with emission control components designed to enable such vehicle or engine to conform at the time of sale with emissions standards for the first 24 months or first 24,000 miles. Repeals provisions for motor vehicle or engine parts certifications by manufacturers or rebuilders for compliance with emissions standards. Limits a free replacement obligation of manufacturers to emissions control components installed for the sole (currently, sole or primary) purpose of reducing vehicle emissions. Limits specified performance warranties to: (1) the first 24 months or 24,000 miles; and (2) certain components installed for the sole purpose of emissions control. Revises provisions for manufacturers' instructions for the maintenance, replacement, and repair of emission control parts or components to eliminate requirements that: (1) such instructions correspond to regulations promulgated by the Administrator of the Environmental Protection Agency; and (2) the replacement parts be certified. Eliminates provisions for waivers of a prohibition against including conditions on the purchaser's using components or services unconnected with the manufacturer. Specifies that waivers of the prohibition against State or local standards for emissions control of new motor vehicles or engines subject to Federal standards will be given only: (1) insofar as numerical emission levels are concerned; and (2) if such standards and new motor vehicle certification and other tests are consistent with Federal standards. Specifies that tampering prohibitions refer to parts or components placed on or in motor vehicles or engines for the sole purpose of controlling emissions. Exempts communications regarding any part, component, system, or service provided without charge under the terms of the purchase agreement from specified prohibitions against manufacturer's communications conditioning warranty coverage on use of certain products or services. Prohibits State new motor vehicle emission standards in nonattainment areas from including any provision similar to the production or performance warranty provisions under the Act. Title III: Study and Conforming Provisions - High Altitude Study - Directs the Administrator, upon the request of any national association of motor vehicle dealers with a membership which includes a majority of U.S. retail franchisers selling imported and domestic new light-duty motor vehicles, to compile data relating to the availability and distribution to dealers located at high altitudes of all models of such vehicles manufactured by any specified manufacturer in a specified model year. Authorizes the Administrator to utilize specified information and to require manufacturers to submit relevant information (except information identifying shipments to individual dealers). Directs the Administrator, within six months after such a request is made, to submit to the Congress and publish in the Federal Register a report setting forth the data so compiled, including specified information. Title IV: Amendments Relating to Authorizations - Authorization of Appropriations - Authorizes appropriations to the Administrator for fiscal years 1982 through 1985. Provides for sums necessary for: (1) the Administrator and the States to effectively carry out the Act's provisions, including training of State and local personnel, enforcement, abatement, and control, consideration of SIPs and revisions, and audits; and (2) sufficient funding for personnel for the Administrator to carry out the Act, particularly its regulatory functions, without undue reliance on contractors. Requires that such authorization not be less than the appropriations authorized in fiscal year 1981 to carry out the Act (except provisions relating to the National Commission on Air Quality). Prohibits the Administrator from using any funds appropriated under the Act for any payment for a reduction-in-force in any fiscal year. Directs the Administrator to inform the appropriate committees of the Congress of the reasons for such reduction, its impact on carrying out the Act, and other detailed or pertinent information, at least 30 days prior to issuing any general notice of such reduction. Declares that nothing in this title shall authorize appropriations for any research and development activities under the Act.
United States · United States Congress · 16 December 1981
Nonstructural Water Resources Development Act of 1981 - Amends the Water Resources Development Act of 1974 to revise flood protection project planning to grant equal consideration to structural and nonstructural water resources alternatives. Directs the Secretary of the Army, through the Chief of Engineers, to report annually to Congress on specified water resources projects.
United States · United States Congress · 15 December 1981
Orphan Drug Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations to exempt from such Act drugs intended solely for drug treatment investigations. Defines "drug treatment investigation" as an investigation of a drug which involves human participants with a rare disease or condition. Establishes in the Department of Health and Human Services an interagency committee known as the Committee on Orphan Drug Development. Makes it the function of such committee to promote the development of drugs for rare diseases or conditions (orphan drugs). Requires the Director of the National Institutes of Health (NIH) to submit to the Committee an annual report on the rare disease and condition research activities of NIH. Requires the Committee to report by June 1 of each year to the appropriate congressional committees on its activities and the results of its evaluations, including the report submitted by NIH. Amends the Internal Revenue Code to allow a tax credit for qualified experimental expenses incurred while researching orphan drugs.
United States · United States Congress · 11 December 1981
Expands the membership of the Advisory Commission on Intergovernmental Relations to include three elected school board officials from different States.
United States · United States Congress · 11 December 1981
Requests the President to designate March 1, 1982, as "National Day of the Seal".
United States · United States Congress · 9 December 1981
Declares that the House of Representatives supports full funding of the railroad retirement dual benefit account.
United States · United States Congress · 21 November 1981
Provides that a named individual shall be deemed to have been eligible for the special pension due those who have been awarded the Medal of Honor as of a specified date.
United States · United States Congress · 17 November 1981
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should immediately study and report to Congress on ways to correct the benefit disparity caused by the 1977 changes in the social security retirement benefit formula.
United States · United States Congress · 10 November 1981
Taxpayer Protection Act - Amends the Internal Revenue Code to subject the Internal Revenue Service (IRS), in the collection of taxes, to provisions of the Fair Debt Collection Practices Act regarding communication and harassment in connection with debt collection. Prohibits the publication of any deficiency which has not been adjudged to be payable by a competent court. Permits individual taxpayers to bring a civil action in a U.S. district court for damages resulting from collection practices prohibited by this Act. Requires a Federal court order before property of a taxpayer may be levied upon for the collection of tax. Specifies that a showing of fraud or malfeasance or a misrepresentation, for purposes of modifying or reconsidering a closing agreement between an individual taxpayer and the Secretary of the Treasury, shall be taken into account only if such a showing or misrepresentation is determined by a competent court. Prohibits the Secretary from consenting to extend for more than one year the period for assessment of the income tax liability of any individual taxpayer. Requires the Secretary to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the IRS may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Makes binding on the Secretary : (1) a tax return prepared for the taxpayer by an officer or employee of the IRS acting in his official capacity to provide such assistance; and (2) written information or advice given to the taxpayer by such an officer or employee acting in his official capacity. Places the burden of proof, in administrative and judicial proceedings involving the IRS and a taxpayer, upon the IRS. Directs that all property of taxpayers, for purposes of the estate and gift tax, be valued at historical cost (original cost to the taxpayer or the basis of the property if it was not purchased). Prohibits the use in IRS personnel evaluations of amounts collected pursuant to audits or investigations. Precludes the Secretary from exercising any enforcement authority over churches or certain other organizations. Prohibits the audit of any group of taxpayers unless the Secretary has first met certain notice requirements or permitted members of the group to file an amended return. Sets forth conditions which must be met by the IRS before any action is taken to interfere with the property rights of a taxpayer. Requires the IRS, before securing the records of, or personal data concerning, any taxpayer, to: (1) notify the taxpayer in writing of the demand, the material sought, and the need for the material; (2) have commenced an action in a competent court against the taxpayer; and (3) have justified its need before the court consistent with the discovery rules of the Federal Rules of Civil Procedure. States that the IRS shall have no authority, in enforcing the tax obligations of any person, which is in conflict with the rights and privileges granted under the Constitution.
United States · United States Congress · 10 November 1981
Requests the President to designate the week of November 7, 1982, through November 13, 1982, as "National Disabled Veterans Week."
United States · United States Congress · 5 November 1981
Expresses the sense of the Congress that no limitation should be placed on the Federal income tax deduction for interest paid on a residential mortgage.
United States · United States Congress · 4 November 1981
Violent Crime Control Act of 1981 - Title I: Mandatory Sentences For Use of Firearms in Felonies - Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Makes the additional penalties inapplicable to offenses consisting solely of possessing, transporting, or selling a firearm. Increases the additional penalty to two years' imprisonment for a first offense (currently, one to ten years) and to five years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Prohibits the granting of parole to any offender. Prohibits the Government attorney from plea bargaining with respect to this offense. Title II: Assassination-Related Killings - Amends the Federal criminal code to extend the current offense of killing designated Federal employees to include any Federal public servant engaged in the performance of, or on account of, his or her duties. Replaces the current crimes of Presidential and Congressional assassination with new offenses covering the assassination, assault, kidnapping, or conspiracy to kill or kidnap "United States officials." Includes Cabinet heads and Federal judges within such definition, in addition to the President, Vice President, and Members of Congress. Makes it a Federal crime to kill any civilian in the course of an assassination of a U.S. official. Authorizes the Attorney General to offer a reward of up to $100,000 for information and services concerning these offenses. Makes it the duty of any Federal agency to assist the Attorney General in the investigation and prosecution of violations. Title III: Bail Reform - Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person of the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the number of discretionary release conditions. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years' imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice or any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions. Title IV: Insanity Defense Modifications - Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect. Title V: Modification of the Exclusionary Rule - Declares that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief. Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance. Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees. Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the action was constitutional. Title VI: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system. Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines. Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range or the specific reason for imposing a sentence outside of such range. Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Title VII: Habeas Corpus Changes - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners, except upon consent of the parties. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate that the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six circumstances (currently, the State findings are presumed to be correct unless the petitioner establishes the existence of a circumstance). Requires the Federal court to view the State court record in the light most favorable to the prosecution. Title VIII: Corrections Construction and Development - Corrections Construction and Program Development Act of 1981 - Authorizes the Attorney General to make grants to States for up to 75 percent of the cost of projects to: (1) construct, expand, and repair correctional facilities; and (2) improve correctional programs and practices. Authorizes appropriations through fiscal year 1985. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to donate surplus property to States for correctional purposes.
United States · United States Congress · 4 November 1981
Requires semiannual (currently annual) cost of living adjustments in civil service annuities to reflect increases in the Consumer Price Index.
United States · United States Congress · 4 November 1981
Requests the President to designate 1982 as "Bicentennial Year of the American Bald Eagle" and June 20, 1982, as "National Bald Eagle Day."
United States · United States Congress · 4 November 1981
Requests the President to designate 1982 as the "National Year of Disabled Persons."
United States · United States Congress · 29 October 1981
National Defense Port System Act of 1981 - Title I: Establishment of National System of User Fees for Deep-Draft Channels and Harbors - Directs the President to appoint a task force which shall make specific recommendations to the Secretary of the Treasury concerning the imposition of user fees on ports having deep-draft channels or harbors. Sets forth factors to be considered by the task force. Directs the Secretary to establish a nationally uniform system of user fees. Allows the Secretary to increase or decrease such user fees under certain circumstances. Requires such fees to be collected by the Customs Service. Establishes the Port System Trust Fund within the Treasury. Directs the Secretary to report annually to Congress on Trust Fund operations. Makes amounts in the Trust Fund available for: (1) navigation improvement projects; and (2) operation and maintenance of specified channels and harbors, including those in the Saint Lawrence Seaway, Great Lakes, or their connecting waters. Revises financing procedures of the Saint Lawrence Seaway Development Corporation. Terminates Corporation obligations outstanding on the effective date of this Act. Title II: Construction and Financing of Navigation Improvement Projects to Increase the Depth of Deep-Draft Channels and Harbors to More Than Forty-Five Feet - Directs the Secretary of the Army, acting through the Chief of Engineers, to expedite construction of approved navigation improvement projects if the appropriate State port authority enters into a specified agreement with the Secretary. Requires such port authority to reimburse the United States for 100 percent of construction, operation, and maintenance costs. Allows State port authorities to construct approved navigation improvement projects at their own expense and to finance such construction through the adoption of duties of tonnage. Grants the consent of Congress, subject to certain conditions, to the levying by the States of such duties of tonnage. Directs the Comptroller General to audit the operations of such State port authorities and to report to Congress thereon. Sets forth enforcement procedures concerning such duties of tonnage. Title III: Expedited Procedure for Approval of Navigation Improvement Projects and Related Landside Facilities Projects - Directs the Secretary to establish a project schedule for all agency decisions relating to navigation improvements and landside facilities projects. Authorizes the Secretary to modify the project schedule at any time. Describes procedures concerning judicial review of final agency decisions covered by a project schedule.
United States · United States Congress · 29 October 1981
International Joint Venture Act of 1981 - Declares that certain provisions of the Clayton Act and the Federal Trade Commission Act do not prohibit an individual or organization of the United States from participating in a joint venture which: (1) is composed of only such U.S. person and one or more foreign persons; (2) does not engage in any line of commerce in the United States in which such foreign person is already engaged; (3) is terminable by either party no later than ten years after it is formed; (4) provides for the exchange of technology; and (5) provides access to raw materials or to distribution, marketing, or manufacturing facilities.
United States · United States Congress · 29 October 1981
Amends the Internal Revenue Code to exclude from gross income interest and dividends from a domestic corporation received by taxpayers age 62 or over.
United States · United States Congress · 29 October 1981
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Prohibits the Congress from requiring that the States engage in additional activities without compensation equal to the additional costs. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 26 October 1981
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to Queen Beatrix of the Netherlands in recognition of the bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.
United States · United States Congress · 21 October 1981
Requests the President to designate the week beginning February 28, 1982, as "National Construction Industry Week."
United States · United States Congress · 20 October 1981
Bankruptcy Improvements Act of 1981 - Amends title 11 of the United States Code (Bankruptcy) to establish an eligibility test for liquidation bankruptcy relief based on the individual petitioner's ability to pay a reasonable portion of his debts out of future income. Permits the court to dismiss a bankruptcy case under chapter 7 (liquidation) upon the motion of any party in interest filed not later than 30 days after the meeting of creditors, and after notice and a hearing, if the debtor is ineligible for relief under such title. Requires the bankruptcy judge to preside at any meeting of creditors and to perform such additional judicial duties any may be required. Declares that the value of the creditor's interest in the estate's interest in such property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Requires the debtor in bankruptcy cases to file a statement of income and expenses. Requires the debtor, if the debtor's schedule of assets and liabilities includes consumer debts which are secured by property of the estate, to file and serve upon each creditor holding such security and the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Repeals the provisions concerning exempt property and makes the States responsible for establishing exemptions to bankruptcy proceedings. Makes any debt which was incurred on or within 90 days before the date of the filing of a petition under such title nondischargeable. Allows creditors to enforce liens which have not been voided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later, by giving a written notice of rescission to the creditor. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge. Eliminates the trustee's power to avoid liens or recover payments made within 90 days of filing petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified objects. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence at the time of the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of co-debtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where at least 70 percent of all allowed unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan.
United States · United States Congress · 19 October 1981
Requires the Inspector General of the Department of Health and Human Services to identify Medicare patients and other individuals entitled to benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act who have died in order to eliminate improper OASDI benefit payments to deceased individuals. Directs the Inspector General to report to Congress annually on the progress being made pursuant to this Act.
United States · United States Congress · 13 October 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to an incarcerated felon during any month of confinement. Treats the benefits withheld as having been paid to the felon for purposes of the payment of benefits to other persons so entitled on the basis of the wages and self-employment income of the felon.
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.
United States · United States Congress · 7 October 1981
Expresses the sense of the House of Representatives that the provisions of the Internal Revenue Code which provide incentives for energy conservation and development of renewable energy sources should not be repealed or amended to reduce such incentives.
United States · United States Congress · 6 October 1981
Amends the Bail Reform Act of 1966 to authorize a judicial officer when making a pretrial release determination to consider whether a person charged with possession or transfer of a controlled substance will pose a danger to any other person or the community. Requires the judicial officer to hold a hearing for such persons to determine whether surety resources have been obtained by noncriminal means.
United States · United States Congress · 5 October 1981
Amends the Clean Air Act to revise provisions for compliance with emissions standards by vehicles and engines in actual use. 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 for its 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 12 months or first 12,000 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 12 months or 12,000 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) replacement parts be certified. Eliminates provisions for waivers of a prohibition against such instructions, 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. Prohibits State new motor vehicle emission standards in nonattainment areas from including any provision similar to the production or performance warranty provisions under the Clean Air Act. Sets forth effective dates for specified amendments made by this Act.
United States · United States Congress · 5 October 1981
Amends the Internal Revenue Code to exclude from gross income gain from the sale of wetlands to an eligible conservation authority which are used for fish and wildlife conservation or preserved as a natural area. Requires that such sales be approved by State and Federal officials. Treats involuntary conversions of wetlands as sales for purposes of such exclusion.
United States · United States Congress · 2 October 1981
Amends titiles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to require Federal agencies to give to the Secretary of Health and Human Services, upon request, the names and social security account numbers of disability or SSI benefit recipients who are inmates of penal institutions.
United States · United States Congress · 30 September 1981
Authorizes the President to present, on behalf of the Congress, a gold medal to Fred Waring, Louis L'Amour, and the widow of Joe Louis. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of each medal. Authorizes appropriations.
United States · United States Congress · 23 September 1981
Rural Enterprise Zone Development Act of 1981 - Title I: Declares the purpose of this Act to be to provide financial and technical assistance and tax incentives to help restore distressed rural areas. Amends the Agricultural Act of 1961 to define "rural enterprise zone" (zone) as an area under at least one local government's jurisdiction with a population density of less than 200 people per square mile and a total population of between 5,000 and 50,000 people. Requires a local entity to submit a zone plan to the Secretary of Agriculture for approval. Authorizes the Secretary to make: (1) development facility grants; (2) vocational education and agricultural extension service center loans; and (3) industrial and commercial activity loans and loan guarantees. Limits the number of annual zone designations. Authorizes appropriations for fiscal years 1983-1984. Authorizes the Secretary of Commerce to make technical assistance grants and provide related aid to rural enterprise zones. Authorizes appropriations for fiscal years 1983-1984. Title II: Tax Incentives for Small Businesses Located in Rural Enterprise Zones - Small Rural Business Program Tax Act of 1981 - Subtitle A: Designation of Eligible Areas and Businesses - Amends the Internal Revenue Code to add a new subchapter which sets forth criteria for the designation of rural enterprise zones and defines qualified small rural businesses for purposes of providing tax incentives for such businesses. Empowers the Secretary of Agriculture to approve the designation of an area as a rural enterprise zone if a local government submits to the Secretary a plan which meets specified requirements for the establishment of such zones. Limits the number of zones which the Secretary may designate in any calendar year. Sets forth criteria relating to population, poverty, unemployment, and per capital income growth which the Secretary must consider in approving the designation of a rural enterprise zone. Defines a "qualified small rural business" (small rural business) as an actively conducted trade or business which employs individuals who perform a specified number of hours of service for the business in a rural enterprise zone. Disqualifies any business which has had gross receipts in excess of $2,000,000 for any of the three preceding taxable years. Subtitle B: Tax Incentives for Qualified Small Rural Businesses - Amends the Internal Revenue Code to reduce the capital gains tax rates of small rural businesses and investors in rural enterprise zones. Exempts the capital gains of small rural businesses from the minimum tax. Excludes from gross income 50 percent of the total of small rural business income for a taxable year and interest on loans made to such businesses to finance business activity in a rural enterprise zone. Allows small rural businesses a five percent tax credit for interest paid on loans used to finance business activity in a rural enterprise zone. Allows a targeted jobs income tax credit for the hiring of employees for a small rural business. Allows a small rural businesses and their employees a refundable income tax credit for training designed to improve the technical and managerial skills of such employees. Allows a small rural business to elect to use the cash method of accounting. Authorizes accelerated depreciation for small rural business property. Increases by ten percent the investment tax credit for the rehabilitation expenditures of a small rural business.
United States · United States Congress · 22 September 1981
Repeals titles XV (National Health Planning and Development) and XVI (Health Resources Development) of the Public Health Services Act, effective September 30, 1982. Establishes a 20-year right of recovery for the United States against a facility built or modernized with title XVI funds.
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.
United States · United States Congress · 18 September 1981
Directs the Board of Governors of the Federal Reserve System to undertake an aggressive campaign designed to encourage banks to: (1) cease providing loans or lines of credit for unproductive and speculative purposes, while increasing the supply of credit available for productive uses; and (2) ensure that thrift institutions, the housing industry, auto dealers, small businesses, farmers, and home buyers have access to the cheapest possible credit in order to avoid a recession.
United States · United States Congress · 17 September 1981
Amends the Freedom of Information Act to exempt from the disclosure requirements matters relating to: (1) internal personnel rules and practices and training or reorientation of personnel of the Central Intelligence Agency; (2) special activities, clandestine collection, or covert operations of the CIA; and (3) internal operation, office management, or organization of the CIA. Eliminates Federal court jurisdiction to enjoin the CIA from withholding records, except personnel records of an individual the disclosure of which is necessary for obtaining employment outside the Agency.
United States · United States Congress · 17 September 1981
Safe Drinking Water Regulatory Reform Act - Amends title XIV of the Public Health Service Act (the "Safe Drinking Water Act") to revise regulatory procedures relating to safe drinking water requirements. Provides for administrative procedures and judicial review of such procedures relating to the promulgation or amendment, under such title, of: (1) any national interim primary drinking water regulation; (2) any revised national primary drinking water regulation; and (3) any regulation for State underground injection control programs. Directs the Administrator of the Environmental Protection Agency to establish a rulemaking docket for such rulemaking actions. Requires the establishment of an identical docket in the appropriate regional office of the Agency whenever a rule applies only within a particular State. Requires that notice in the Federal Register of such proposed rulemaking be accompanied by: (1) a statement of its basis and purpose; (2) the docket number, location, and times for public inspection; and (3) notice of the period available for public comment. Sets forth procedures for written and oral public comment and inclusion of such comment in the docket. Requires that a promulgated rule be accompanied by statements of: (1) its basis and purpose; (2) the reasons for any major changes from the proposed rule; (3) factual data and reasons supporting a determination that the benefits of applying the rule justify the compliance costs; (4) the reasons why any public comment alternatives to the proposed rule were rejected; and (5) response to significant public comment, criticism, and new data submissions. Prohibits basing the promulgated rule on any information not in the docket. Limits the record for judicial review to docket materials and required accompaniments to the promulgated rule. Directs the Administrator to convene a proceeding for reconsideration of a rule upon a demonstration that an objection of central relevance to the rule could not be raised during the public comment period. Provides for judicial review of refusals of such reconsideration. Authorizes the Administrator or the appropriate U.S. court of appeals to stay the effectiveness of the rule for up to three months during reconsideration. Sets forth provisions for judicial review of procedural determinations of the Administrator. Permits statutory deadlines for promulgation of rules to be extended to not more than six months after the proposal date, if necessary, to afford the public and the Agency adequate opportunity to carry out this Act. Permits petitions for judicial review of administrative actions under such Act to be filed only in the U.S. court of appeals for a judicial circuit in which a substantial portion of the associated impact or injury will occur. Makes technical and conforming amendments. Revises standards for primary drinking water regulations. Replaces regulation of contaminants having "any adverse effect" on human health with regulation of contaminants "posing an unreasonable risk to human health". Removes a requirement that such regulations provide for proper operation and maintenance of public water systems, minimum quality of water taken into the systems, and new facilities siting. Eliminates specified references to the Administrator's judgments or determinations and to allowance for "an adequate margin of safety" in promulgating such regulations. Requires the maximum contaminant level specified in revised national primary drinking water regulations for a contaminant to be as close to the recommended maximum contaminant level as is "reasonable" (currently, "feasible"). Removes specified provisions relating to requirements for the use of treatment techniques. Continues State primary enforcement responsibility whenever the Administrator revises or amends any national primary drinking water regulation. Requires a State with primary enforcement responsibility to show the Administrator that the State public water system supervision program meets the revised or added requirement, within a specified period. Requires the Administrator's approval of continuation of the State's primary enforcement responsibility. Authorizes the Administrator to waive a prohibition against making grants to State public water system supervision programs that have not assumed and maintained primary enforcement responsibility. Permits such waiver during any time within 18 months after the effective date of any amendment or revision of the national regulations if the State has assumed such responsibility and is making a diligent effort to comply with the new amendment or revision. Authorizes the Administrator to grant a State an additional six months to come into compliance, on a showing of good cause.
United States · United States Congress · 17 September 1981
Requests the President to designate the week beginning October 4, 1981, as "National Home Health Care Week."
United States · United States Congress · 16 September 1981
Amends the Controlled Substances Act to establish in the Department of Health and Human Services the Office for the Supply of Internationally Controlled Drugs, to be responsible for regulating the domestic production of marihuana and the distribution of marihuana for medical, scientific, and research purposes. Establishes procedures for the production of medicinal marihuana. Permits the distribution of medicinal marihuana only to hospitals and pharmacies registered to dispense schedule II controlled substances for the purposes of treating glaucoma or the nausea of cancer patients or research approved under the Federal Food, Drug, and Cosmetic Act.