United States · United States Congress · 26 January 1982
Amends rule VIII of the Rules of the House of Representatives to require a recorded vote on the final passage of legislation that economically affects Members of Congress as a separate and distinct class.
United States · United States Congress · 25 January 1982
Amends the Internal Revenue Code to repeal the provision allowing an income tax deduction without substantiation for living expenses of Members of Congress.
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
Broadcast Licensing, Renewal, and Deregulation Act of 1981 - Amends the Communications Act of 1934 to establish new procedures for reviewing petitions to deny broadcast license applications. Requires the Federal Communications Commission (FCC) to grant a license renewal application by a radio or television broadcast station licensee unless the actions of the licensee evidence such serious disregard for the Communications Act and for the rules and policies of the FCC that denial of the application is justified. Prohibits the FCC from considering the applications of other persons for a broadcast station's facilities when the FCC is acting upon a license renewal application by a radio or television broadcast station. Permits persons holding construction permits or station licenses to transfer the permit or license without first obtaining an FCC finding that the transfer serves the public interest. Requires the FCC to be notified of such transfer. Provides for public notice of the transfer. Provides for disposition by the FCC of objections to such transfer. Prohibits the FCC from considering whether the public interest would be served by the transfer of the permit or license involved to a different person. Repeals certain provisions relating to the application of the antitrust laws. Prohibits the FCC from imposing requirements on radio or television licensees relating to: (1) programs; (2) programming formats; (3) ascertainment; (4) commercialization; and (5) maintenance of program logs.
United States · United States Congress · 11 December 1981
Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 180 days each during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Comptroller General to conduct a study of the hospice reimbursement method. Defines hospice care as including items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis.
United States · United States Congress · 23 November 1981
Requires nationals of Communist countries to register with the Attorney General before engaging in certain activities involving Members of Congress and congressional employees. Requires the Attorney General to deport persons violating this Act. States that such deportations shall not be subject to judicial review or other related provisions under the Immigration and Nationality Act.
United States · United States Congress · 21 November 1981
Amends title XIX (Medicaid) of the Social Security Act to deem a disabled individual under 18 who would receive supplemental security income payments under title XVI of the Act if he or she were in a medical institution as an individual to whom an SSI payment is being paid if it is determined that: (1) the individual requires a level of care provided in a hospital, skilled nursing facility, or intermediate care facility; (2) it is appropriate to provide such care outside such an institution; and (3) the cost of care outside the institution would not be more than the cost of care in an institution.
United States · United States Congress · 12 November 1981
Condemns the treatment of Yuli Kosharovsky and his family by the Soviet Union. Expresses the sense of the House of Representatives that: (1) the President should express U.S. opposition to the refusal of the Soviet Union to permit Kosharovsky and his family to emigrate to Israel; (2) the Soviet Union should comply with international agreements and with its constitution by permitting the Kosharovsky's to emigrate; and (3) the Soviet Union should end its persecution of persons seeking to emigrate and its denial of basic religious, civil, and human rights to Jews.
United States · United States Congress · 12 November 1981
Expresses the sense of the Congress that policies of Jewish emigration discrimination and anti-Semitism are morally reprehensible. Urges the President to tell the Soviet Union that the United States opposes these policies and wants emigration restrictions on Soviet Jews removed.
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 · 6 November 1981
Record Carrier Competition Act of 1981 - Amends the Communications Act of 1934 to eliminate the current provisions governing consolidations and mergers of telegraph carriers except with respect to certain contracts between domestic and international record carriers. Requires the Federal Communications Commission (FCC) to promote the development of fully competitive domestic and international markets for record communications service. Defines "record communications service" to mean any telecommunications service that is designed or used primarily to transfer information which originates or terminates in written or graphic form. Defines "record carriers" as carriers of such service. Requires the FCC to reduce its regulation of record carriers as competition develops. Requires the FCC to assure that the costs of record communications services, facilities, and terminal equipment are borne by users of any other record communications services. Requires record carriers, upon reasonable request, to provide full interconnection for other record carriers with any record communications service or facility. Treats a record carrier which provides both domestic and international record communications services as a separate domestic and a separate international record carrier for purposes of interconnection. Requires such a carrier to furnish the same quality interconnection under equal terms to its domestic or international branch as it furnishes to other carriers with one specified exception. Requires that any agreement between record carriers on furnishing record communications services or facilities will establish a nondiscriminatory formula for allocating revenues from such services. Requires such allocation to be based on costs to the extent it is possible. Directs the FCC to convene a meeting between all existing international record carriers and any record carriers which would be parties to an interconnection agreement. States that the purpose of the meeting is to negotiate such agreement. Requires the FCC to establish an agreement if certain carriers fail to agree. Authorizes a record carrier not subject to the agreement to become subject to the agreement by furnishing written notice to the FCC and the existing parties to the agreement. Terminates the agreement after a specified time. Authorizes the FCC to establish an interconnection agreement after such termination under specified circumstances. Prohibits enforcement of agreements that impede the development or operation of competitive record communications service market. Authorizes the FCC to modify or vacate an interconnection agreement if it is inconsistent with developing a competitive market. Sets forth the authority of the FCC with respect to applications by record carriers for providing international record communications service. Authorizes all record carriers to provide record communications service domestically and internationally. Requires such carriers that want to provide such service to apply to the FCC. Requires the FCC to act expeditiously on such applications. Authorizes the FCC to consider in connection with such an application the effect on foreign commerce of granting or denying the application. Extends for one year after enactment the FCC oversight of the distribution formulas for unrouted outbound telegraph traffic and the revenue allocations with respect to such traffic.
United States · United States Congress · 5 November 1981
Declares that it is the sense of the House of Representatives that: (1) the United States must manage its assets in a manner more prudent and beneficial to the interests of the American people; (2) all executive branch agencies should inventory their assets, estimate the approximate value of each asset, and identify the uses to which each asset is put; (3) the President should then identify which assets are surplus to Federal needs and should be candidates for liquidation; (4) the President should submit recommendations to Congress on any legislative and administrative revisions that may be needed to carry out such a program of liquidation in an orderly manner; (5) the receipts of this program should be used only to restrain and ultimately reduce the national debt; and (6) the Comptroller General should investigate and recommend to Congress and each agency improved processes for managing Federal assets, estimating their value, and liquidating those which are unneeded.
United States · United States Congress · 4 November 1981
Natural Gas Market Transition Act of 1981 - Title I: Natural Gas Price Control Provisions - Amends the Natural Gas Policy Act of 1978 to establish a monthly maximum price on the first sale of natural gas produced from any well where: (1) surface drilling began on or after January 1, 1980; and (2) the drilling is pursuant to an authorized Federal or State permit. States that such maximum price shall be equal to the Btu equivalent of the current adjusted refiner's petroleum acquisition cost. Defines such cost as 80 percent of the average crude oil acquisition cost of U.S. refiners during the preceding month. Sets forth another method of determining the maximum price for the first sale of any natural gas not described above. Exempts high-cost natural gas from the price limitation. Provides that the above price limitations shall be effective beginning January 1, 1982. Eliminates all price controls on first sales of natural gas beginning January 1, 1985. Deems, for purposes of any contractual pricing provision, any maximum lawful price under the Act to be a just and reasonable rate established by the Federal Energy Regulatory Commission. Declares certain indefinite price escalator clauses against public policy and unenforceable, effective January 1, 1985. Defines an indefinite price escalator clause as any provision of any contract which: (1) provides for the pricing of natural gas by reference to other nautral gas or petroleum products; (2) allows for pricing of natural gas by negotiation. Defines an area rate clause as any contractual provision which bases the contract price for the first sale of natural gas on any Federally established price, without regard to whether the clause specifies the identity of the Federal authority. Provides, effective January 1, 1985, for the application of a maximum price to certain contracts containing such a clause until such a contract terminates or is renegotiated. Provides that, effective January 1, 1985, the Natural Gas Policy Act and the jurisdiction of the Federal Energy Regulatory Commission shall not apply to any first sale of natural gas committed to interstate commerce before enactment of this Act. Provides that before January 1, 1985, the Natural Gas Policy Act and the jurisdiction of the Commission shall not apply to any first sale of natural gas committed or dedicated to interstate commerce prior to enactment of this Act which is: (1) high cost natural gas; (2) new natural gas; (3) natural gas produced from any new onshore production well; or (4) natural gas from any well at which surface drilling commenced on or after January 1, 1980. Provides that the Natural Gas Policy Act of 1978 shall preempt any State or local law which precludes the recovery of any amount paid with respect to any natural gas purchase if: (1) such amount is just and reasonable; and (2) the amount is not excessive due to fraud. Title II: Elimination of Certain Fuel Use Restrictions - Repeals the Powerplant and Industrial Fuel Use Act of 1978. Title III: Elimination of Certain Restrictions on Natural Gas Transmission and Distribution - Terminates the incremental pricing provisions of the Natural Gas Policy Act of 1978. Provides that the Natural Gas Policy Act and the jurisdiction of the Commission shall not apply: (1) to any sale or resale of natural gas and that the gas shall not be considered in interstate commerce if transported in interstate commerce by pipeline; and (2) to natural gas from the outer Continental Shelf sold intrastate. Prohibits the Commission from specifying the minimum duration of any contract to purchase natural gas. Eliminates required offers and rights of first refusal on the sale of natural gas to certain individuals.
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 · 21 October 1981
Record Carrier Competition Act of 1981 - Amends the Communications Act of 1934 to eliminate the current provisions governing consolidations and mergers of telegraph carriers except with respect to certain contracts between domestic and international record carriers. Requires the Federal Communications Commission (FCC) to promote the development of fully competitive domestic and international markets for record communications service. Defines "record communications service" to mean any telecommunications service that is designed or used primarily to transfer information which originates or terminates in written or graphic form. Defines "record carriers" as carriers of such service. Requires the FCC to reduce its regulation of record carriers as competition develops. Requires the FCC to assure that the costs of record communications services, facilities, and terminal equipment are not borne by users of regulated communications services. Requires record carriers, upon reasonable request, to provide full interconnection for other record carriers with any record communications service or facility. Treats a record carrier which provides both domestic and international record communications services as a separate domestic and a separate international record carrier for purposes of interconnection. Requires such a carrier to furnish the same quality interconnection under equal terms to its domestic or international branch as it furnishes to other carriers. Requires that any agreement between record carriers on furnishing record communications services or facilities establish a nondiscriminatory formula for allocating revenues from such services. Requires such allocation to be based on costs to the extent it is possible to do so. Directs the FCC to convene a meeting between all existing international record carriers and any record carriers which would be parties to an interconnection agreement. States that the purpose of the meeting is to negotiate such agreement. Requires the FCC to establish an agreement if certain carriers fail to agree. Authorizes a record carrier not subject to the agreement to become a party to the agreement by furnishing written notice to the FCC and the existing parties to the agreement. Terminates the agreement after a specified time. Authorizes the FCC to establish an interconnection agreement after such termination under specified circumstances. Prohibits enforcement of agreements that impede the development or operation of competitive record communications service market. Authorizes the FCC to modify or vacate an interconnection agreement if it is inconsistent with developing a competitive market. Sets forth the authority of the FCC with respect to applications by record carriers for providing international record communications service. Authorizes all record carriers to provide record communications service domestically and internationally. Requires such carriers that want to provide such service to apply to the FCC. Requires the FCC to act expeditiously on such applications. Authorizes the FCC to consider in connection with such an application the effect on foreign commerce of granting or denying the application. Extends for one year after enactment the FCC oversight of the distribution formulas for unrouted outbound telegraph traffic and the revenue allocations with respect to such traffic.
United States · United States Congress · 21 October 1981
Gives the endorsement of Congress to the principles relating to family planning set forth in a resolution adopted by the World Conference of the United Nations Decade for Women. Urges the President to take steps to implement those principles in the United States and in other countries.
United States · United States Congress · 20 October 1981
Broadcast Licensing, Renewal, and Deregulation Act of 1981 - Amends the Communications Act of 1934 to revise the method of determining whether to grant a petition to deny an application for a broadcast license. Requires a preliminary finding by the Federal Communications Commission (FCC) that the petition establishes a prima facie case that actions by the licensee evidence such serious disregard for the Communications Act and the rules of the FCC that a denial of the application is justified. Provides an opportunity for a reply by the licensee and for a rebuttal by the petitioner. Requires the FCC to determine, on the basis of the petition, reply, and rebuttal, whether the petition presents a substantial and material question of fact. Requires the FCC to hold a hearing if it finds that such a question is presented. Requires the FCC to decide whether to grant the application within a specified time. States that the FCC shall grant a renewal application by a radio or television broadcast licensee unless the licensee's actions evidence such serious disregard of the Communications Act and the rules of the FCC that denial of the application is justified. Requires the FCC to act upon a broadcast station licensee's renewal application without considering any other application for the station's facilities. Authorizes holders of permits for construction of broadcast stations and station licensees to elect to transfer their permits or licenses without first obtaining an FCC finding that such a transfer serves the public interest. Requires such permitee or licensee to notify the FCC of such election. Provides for public notice of and hearings on such transfers. Prohibits the FCC from considering, when acting upon such a transfer, whether the public interest is served by such transfer. Repeals specified provisions relating to the application of antitrust laws. Revises the fairness doctrine provisions to prohibit the Communications Act from being interpreted as requiring broadcasters to permit persons wishing to present views on public issues to use the broadcast station facilities upon terms that are different from the terms applied to other persons presenting their views on such issues. Repeals the equal time requirements applicable to candidates for public office. Prohibits the FCC from requiring radio or television station licensees to: (1) provide certain programs; (2) adhere to a particular programing format; (3) ascertain the interests of their service areas; (4) restrict or limit their commercials; and (5) maintain program logs that conform to any particular format, except that any program logs used in the normal conduct of broadcast operations must be retained for two years and made public.
United States · United States Congress · 20 October 1981
Amends the fairness doctrine of the Communications Act of 1934 to prohibit an interpretation requiring broadcasters to permit persons wishing to present views on public issues to use the broadcast station facilities upon terms that are different from the terms applied to other persons presenting their views on such issues.
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
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the inclusion of the receipts and disbursements of the social security trust funds (the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund) in the totals of the Federal budget and exempt them from any general statutory limitation on Federal budget outlays, beginning with fiscal year 1983.
United States · United States Congress · 15 October 1981
Social Security Alien Limitation 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 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 · 7 October 1981
Prompt Payment Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Requires the Office of Management and Budget (OMB) to prescribe required payment dates. Specifies the procedures for computing such interest. Requires an agency to pay any interest charges out of funds made available for administration of its programs. Authorizes Federal grant recipients to provide for the payment of interest on overdue payments on their procurement contracts. Directs each agency to report to OMB annually on interest payments made during the fiscal year. Requires OMB to report to specified congressional committees on agency compliance with this Act. Requires the Director of OMB to delegate responsibility for OMB functions under this Act to the Office of Federal Procurement Policy.
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 · 28 September 1981
Judicial Reform Act of 1981 - Declares that evidence obtained by a person in the reasonable good faith belief that such action did not violate the Constitution shall not be excluded from any Federal, State, or other criminal proceeding on constitutional grounds.
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 · 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 · 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 · 10 September 1981
United States Olympic Development Fund Checkoff Act of 1981 - Permits taxpayers to designate on their income tax returns an election to contribute one dollar of their income tax refunds or one dollar forwarded with returns to support the fund established by this Act. Establishes in the Treasury of the United States a United States Olympic Development Fund. Appropriates to the Fund an amount equivalent to the amount designated on tax returns to be available to the Fund. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee for use in a program of expansion and improvement of amateur athletics. Sets forth reporting requirements with respect to the expenditure of such funds by the Committee.
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 · 31 July 1981
Upper White Oak Bayou Flood Control Act of 1981 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to construct the project for flood control and recreation in the Upper White Oak Bayou area, Texas.
United States · United States Congress · 29 July 1981
Amends the Internal Revenue Code to specify that the income tax credit for the production of natural gas from nonconventional sources shall apply to natural gas sold during the taxable year only if such gas is sold at a lawful price which is determined without regard to ceiling prices under the Natural Gas Policy Act of 1978.
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 · 21 July 1981
Directs the Administrator of the General Services Administration to establish a for-profit corporation for the purpose of owning and administering specified railroads and railroad property. Dissolves the Consolidated Rail Corporation (Conrail) and the National Railroad Passenger Corporation (Amtrak) and transfers their assets and liabilities to such corporation. Directs the corporation to pay to the United States: (1) all of the proceeds from any sale of the common stock of the corporation; and (2) 49 percent of any profits earned by the corporation. Requires that such payments be deposited in the Federal Old-Age and Survivors Insurance Trust Fund. Sets forth procedures for the issuance of corporate stock and the sale or exchange of Conrail and Amtrak stock.
United States · United States Congress · 15 July 1981
Amends the Securities Exchange Act of 1934 to prohibit certain credit transactions for the acquisition of securities of United States corporations by either United States or non-United States persons where such a transaction is financed by either United States or non-United States lenders if such a transaction is or could be prohibited if it has been made or has otherwise occurred in a lender's office or other place of business in a State. Permits the Board of Governors of the Federal Reserve System to exempt any class of persons from the application of such regulation. Sets forth the private right of action for violations of such margin requirements. Applies the provisions of this Act to any purchase or carrying of securities on or after July 16, 1981, if the loan or extension of credit involved originated, or if the loan proceeds used to purchase or carry such securities were disbursed, on or after such date.
United States · United States Congress · 9 July 1981
Criminal Forfeiture Amendments Act of 1981- Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Continuing Criminal Enterprise statute (CCE) to subject to criminal forfeiture all profits and proceeds acquired indirectly or directly from illegal enterprises or from continuing narcotics enterprises. Authorizes a court to direct the forfeiture of other assets of a defendant to the extent that such proceeds cannot be located or are otherwise beyond Federal jurisdiction. Permits a court to authorize redemption of such assets upon surrender of the original proceeds.
United States · United States Congress · 26 June 1981
Amends the Mineral Leasing Act to revise the authority of the Secretary of the Interior to lease lands containing oil shale deposits. Permits such leases to exceed 5,120 acres of land if necessary to permit long-term commercial operations. Increases the number of leases which may be held to two in any State and four nationwide. Permits the acquisition of one additional lease in a State by a lessee who has achieved commercial production in both existing leases and is within ten years of exhausting the reserves on one of the leases. Authorizes the unlimited issuance of leases to avoid bypassing small acreages of oil shale resources which otherwise could not be mined economically. Authorizes the Secretary to lease additional lands required in support of operations necessary for the recovery of oil shale. Includes within such operations the disposal of oil shale waste and the building of facilities; but excludes the removal of any mineral deposits. Authorizes the Secretary to issue leases for additional lands after considering the need for such lands, the environmental impact, and determining that the public interest will be served. States that a lease shall include lands the Secretary determines are necessary to achieve the purposes for which the lease is issued and shall contain provisions needed to protect environmental and other resource values. Sets forth guidelines for other lease provisions, including rent and duration.
United States · United States Congress · 25 June 1981
Food Safety Amendments of 1981 - Title I - Amends the Federal Food, Drug, and Cosmetic Act to revise the procedures and criteria for consideration of food and color additive petitions and new animal drug applications. Excludes from the definition of "food additive": (1) a food contact substance; and (2) a basic or traditional food. Defines "food contact substance" to mean a substance used to package food upon which such substance is not intended to, and does not have, any physical effect. Revises the general definition of "safe" to include in its meaning the absence of significant risk under the intended conditions of use of a substance. Authorizes the Secretary of Health and Human Services to prescribe regulations to gradually eliminate a substance from the food supply upon a finding that such elimination will serve the public interest and not present a danger to public health. Requires that a determination of whether food is adulterated be based on an assessment of the risks from the probable consumption of such substance, taking into account all pertinent safety factors. Revises the procedures under which the Food and Drug Administration (FDA) establishes tolerance levels for required or unavoidable substances in foods. Replaces the current formal hearing requirements for setting tolerances with the notice and comment rulemaking procedure. Adds to the criteria for establishing tolerances: (1) an assessment of the nature and extent of the risks from probable consumption of the substance, considering all safety factors and after consultation with the food safety committee (established by this Act); and (2) the effects of limits on the cost and availability of food. Requires the Secretary to specify the analytical procedure for determining tolerance compliance. Permits any party in an injunction, seizure, or criminal action by the FDA alleging food adulteration, to request the court to set a tolerance for any food for which there is no existing tolerance. Revises the procedures and criteria for consideration of food additive petitions. Directs the Secretary to establish procedures to facilitate early discussion of an additive prior to submission of a petition. Requires the FDA to file food additive petitions within 30 days after receipt. Requires the FDA to specify in detail its reasons expanded for denying a petition. Directs the Secretary to permit interim use of an already approved additive if it appears from initial review that such expanded use is safe. Directs the Secretary to base a determination of the safety of a food additive on all relevant factors, including risk assessment. Provides an exception to the "Delaney clause" (which deems as unsafe any additive which induces cancer when ingested by man or animal) upon a finding that use of the additive does not present a significant risk to health. Requires the Secretary, whenver an additive is limited on the basis that it induces cancer in man or animal, to refer such matter to the food safety committee and permit interested persons to provide information. Enumerates additional criteria for considering a food additive which has been identified as presenting a significant risk, but has a substantial history of use and no reasonably practicable substitute. Includes among such factors the nature and extent of the consequences of use and the feasibility and effect of providing information to consumers regarding the additive's risk. Provides for expedited judicial review of any failure by the FDA to meet the time limits for food additive determinations or to provide detailed reasons for denial of a petition. Authorizes the Secretary to issue an interim food additive regulation with respect to a substance the safety of which has been questioned by new, but inconclusive, information, upon a determination that there is a reasonable certainty that such substance is not harmful. Applies the new procedures for amending or repealing a food additive regulation to any action to limit a substance which is generally recognized as safe. Establishes a new simplified premarket notification system for food contact substances. Provides that a food contact substance shall be deemed unsafe unless: (1) it is not reasonably expected to become a component of food under its intended use; (2) it conforms to a regulation; or (3) a premarket notification has been registered with the FDA and the FDA fails to make a finding of significant risk to public health within 90 days. Subjects any such finding to judicial review. Permits a person to petition the Secretary for promulgation of a regulation in lieu of premarket notification. Directs the Secretary, for the purpose of receiving referrals respecting the safety of food substances, to request the National Academy of Sciences, the Federation of American Societies for Experimental Biology, or other independent entity having such scientific expertise, to establish a committee to study and report on the safety of food substances. Provides a procedure and the criteria for the Secretary to establish an advisory food safety committee in the event such entities decline to establish such committee. Authorizes any person who may be adversely affected by a Secretarial decision to request the Secretary to consult such a committee before he makes a final decision on the use of any food substance, food additive, new animal drug, or color additive. Establishes for new animal drugs and color additives a regulatory scheme similar to that set forth for food additives. Includes as a factor to be considered with respect to animal drugs the present commercial availability of approved alternatives. Eliminates the current requirement for individual product licenses for animal drug manufacturers. Establishes a one-time location registration of establishments at which a new animal drug is to be first mixed into animal feed. Repeals the animal drug provision requiring batch certification of five specific antibiotics. Title II - Amends the Poultry Products Inspection Act, the Meat Inspection Act, and the Egg Products Inspection Act to conform to provisions of this Act. Title III - Requires persons who have filed food or color additive petitions or new animal drug applications which were filed prior to enactment to elect consideration in accordance with existing law or law as amended by this Act. Provides that enforcement proceedings based on acts occurring prior to enactment shall proceed under prior law.
United States · United States Congress · 24 June 1981
Condemns the trial and conviction of Dr. Viktor Brailovsky by the Soviet Union. Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. concern and opposition to the internal exile of Dr. Brailovsky and to the Soviet Union's refusal to permit Dr. Brailovsky and his family to emigrate; (2) the Soviet Union should comply with various international agreements by reversing Dr. Brailovsky's conviction and by permitting him and his family to emigrate; and (3) the Soviet Union should cease persecuting individuals seeking to emigrate and should cease denying basic rights to Soviet Jews.
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.