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 · 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 · 7 October 1981
Amends the Employee Retirement Income Security Act of 1974 to provide that certain fiduciary duties under such Act shall be deemed satisfied by investments in residential housing mortgages that provide adequate security and a reasonable rate of interest. Exempts from specified prohibitions under such Act the placing, investing, or purchase of a mortgage secured by residential housing property if such investment or sale: (1) is adequately secured; (2) is made in accordance with specific provisions rearding such loans set forth in the employee benefit plan; and (3) bears a reasonable rate of interest.
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 · 29 September 1981
Prohibits a civilian employee or member of the armed forces from taking a personnel action against a nonappropriated fund instrumentality employee (post exchange employee) as a reprisal for disclosing violations of the law or mismanagement and abuse of authority. Exempts disclosures prohibited by law or by an Executive order for national security reasons. Requires the Secretary of Defense to remain directly responsible for the prevention and correction of reprisals.
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 · 15 September 1981
Directs the President to award the Purple Heart to any individual wounded or killed while held as a prisoner of war during World War I, World War II, or the Korean conflict.
United States · United States Congress · 11 September 1981
Disapproves the final rule promulgated by the Federal Trade Commission dealing with the matter of the trade regulation rule relating to the sale of used motor vehicles.
United States · United States Congress · 9 September 1981
Social Security Alien and Foreign Resident Limitations Act of 1981 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U.S. citizen or national and whose entitlement is based upon the wages and self-employment income of a resident of a foreign country who is entitled to old-age or disability benefits if such individual does not bear a spousal, filial, parental, divorced, or surviving relationship to such resident as of the date such resident reaches age 57. Prohibits entitlement to title II benefits in the case of an individual who is not a U.S. citizen or national on the basis of such individual's own wages and self-employment income. Entitles a non-U.S. citizen or national to a single lump-sum benefit on the basis of such individual's wages and self-employment income if such individual is lawfully admitted to the United States for permanent residence or employment purposes or such individual's status is changed to permit such individual to work in the United States. Prohibits entitlement to title II benefits in the case of a non-U.S. citizen or national whose entitlement is based upon the wages and self-employment income of a non-U.S. citizen or national who is not a permanent resident of the United States or who has not been admitted to the United States for employment purposes. Prohibits entitlement to title II benefits in the case of a U.S. citizen or national whose entitlement is based upon the wages and self-employment income of a non-U.S. citizen or national.
United States · United States Congress · 31 July 1981
Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the discretionary release conditions to require that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) forfeit designated property upon failure to appear; and (8) return to custody at specified hours. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving: (1) a serious risk of flight or obstruction of justice; or (2) any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions.
United States · United States Congress · 28 July 1981
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 27 July 1981
Critical Materials Act of 1981 - Establishes a Council on Critical Materials in the Executive Office of the President to: (1) advise the President on national policy concerning critical materials; (2) coordinate Federal policies and activities concerning such materials; (3) evaluate Government activities according to the policy and directions provided under the National Materials and Minerals Policy, Research and Development Act of 1980; and (4) oversee and coordinate materials research and development programs of Federal entities. Sets forth duties of the Council's executive director, which include: (1) cataloging materials research and development activities of public and private institutions; (2) evaluating the critical materials needs of basic industry and the Government; (3) initiating studies to resolve national critical materials problems; (4) issuing a biennial report providing a domestic inventory of critical resources with projections on the needs for such resources; and (5) recommending necessary changes in policies, regulations, and legislation to Congress. Authorizes appropriations.
United States · United States Congress · 27 July 1981
Directs the United States Postal Service to provide and sell a postage stamp issue to honor all American servicemen and civilians still unaccounted for as a result of the conflict in Indochina. Provides that such postage stamp shall be of such denomination, and shall be sold for such a time, as the United States Postal Service shall determine.
United States · United States Congress · 15 July 1981
Directs the United States Postal Service to provide and sell a postage stamp issue to honor American servicemen and women who have been prisoners of war or missing in action as a result of their service during military conflict. Provides that such postage stamp shall be of such denomination and shall be sold for such a time as the United States Postal Service shall determine.
United States · United States Congress · 26 June 1981
Amends the Occupational Safety and Health Act of 1970 to require that in the issuance of any standard dealing with toxic materials or harmful physical agents the determination with respect to feasibility shall include a finding by the Secretary of Labor that the costs of compliance with the standard bear a reasonable relationship to the benefits of compliance.
United States · United States Congress · 18 June 1981
National Port and Navigation Improvement Act of 1981 - Title I: Short Title: Findings and Purposes and Objectives; Definitions - Sets forth the findings of Congress concerning deep-draft commercial ports in the United States. Title II: Priority Navigation Projects - Directs the Secretary of the Army, through the Chief of Engineers, to prepare, maintain, and submit to Congress within one year after enactment of this Act, a deep-draft commercial port maintenance program. Specifies that such program shall include a schedule of required maintenance dredging projects. Directs the Secretary, in cooperation with the Administrator of the Environmental Protection Agency, to submit to Congress a programmatic environmental impact statement, including an analysis of the adequacy of deep-draft commercial ports to accommodate increasing import and export trade. Requires the Secretary to enter into memorandums of agreement with: (1) the Administrator in regard to the disposal of dredged and fill material into navigable waters; and (2) the Secretaries of the Interior and Commerce concerning the environmental aspects of the maintenance and improvement of federally authorized channels in deep-draft commercial ports. Provides for veto of such maintenance program and environmental impact statement by concurrent resolution of Congress within 60 days. Authorizes the Secretary of the Army, for a period of five years (subject to reapproval by resolution of specified congressional committees), to perform maintenance dredging of federally authorized channels. Directs the Secretary to submit to Congress modifications of existing environmental impact statements for certain navigation improvement projects. Authorizes the Secretary to undertake navigation improvements in deep-draft commercial ports on a priority basis under specified circumstances. Sets forth procedures by which the Secretary shall submit feasibility studies, survey reports, and environmental impact statements to Congress. Declares that the absence of a concurrent congressional resolution of disapproval within 60 days following receipt of such study, report, or environmental impact statement shall constitute a determination by Congress that: (1) the navigation improvement project is in the national interest for purposes of the Federal consistency provisions of the Coastal Zone Management Act of 1972; (2) the final environmental impact statement is adequate; and (3) the project is in compliance with the Water Pollution Control Act and the Marine Protection, Research, and Sanctuaries Act of 1972. Directs the Secretary to expedite construction and operation of marine cargo handling facilities at such deep-draft commercial ports. Exempts such environmental impact statements and other actions to carry out such projects from judicial review, with specified exceptions. Title III: Priority Navigation Project Financing - Requires that the Secretary and the port proposing such navigational improvements enter into an agreement which provides that such port pay no more than 40 percent of the project construction cost and no more than 25 percent of operation and maintenance costs. Declares that this Act shall not be construed to prohibit non-Federal public bodies from securing financing through means other than provided for in this Act. Authorizes an affected non-Federal public body to provide for recovery of its reimbursement obligations by the collection of user fees from vessels in commercial waterway transportation in such deep-draft ports. Authorizes the Secretary, in consultation with the Secretaries of Commerce, State, Transportation, Treasury, Energy, and Agriculture, the Attorney General, and the Director of the Office of Management and Budget, to promulgate regulations and guidelines to govern such programs of non-Federal fee collection. Declares that this Act shall not be construed to prohibit the Department of the Army or other Federal authority to operate, maintain, or improve any deep-draft channel or deep-draft commercial port for purposes of Coast Guard navigation requirements or other national defense transportation requirements. Directs the Secretary of the Army to designate a cost allocation of or for national defense and noncommercial purposes of 60 percent for construction and 75 percent for operation and maintenance of deep-draft commercial port navigation improvement projects. Authorizes the Secretary to study, design, construct, rehabilitate, operate, and maintain such deep-draft ports without Federal contribution if the appropriate non-Federal public body agrees to reimburse the Federal Government for all related costs. Amends the Internal Revenue Code to exempt from taxation the interest on obligations for such deep- draft commercial ports navigation improvement projects. Title IV: Miscellaneous Provisions - Authorizes appropriations. Allows the Secretary, upon congressional approval, to transfer funds from existing Department of the Army civil appropriations pending appropriation of such authorized sums. Directs the Secretary to report annually to Congress on the actual and anticipated receipts of the United States pursuant to this Act.
United States · United States Congress · 4 June 1981
Amends the Internal Revenue Code to extend the targeted jobs income tax credit through 1984. Restricts the applicability of retroactive certifications of individuals as members of targeted groups for purposes of such credit.
United States · United States Congress · 4 June 1981
Deauthorizes the following navigation and/or flood control projects: (1) Illinois Waterway, Illinois and Indiana, navigation project; (2) Big Blue River, Wabash River Basin, Indiana, flood control project; (3) Norfolk Harbor and Thimble Shoal Channel, Virginia, (4) Cascadia Dam and Reservoir, Oregon; (5) South Plymouth and Genegantslet Reservoirs, New York, flood control projects; (6) West Oneonta Lake, Davenport Center Lake, and Copes Corner Lake, New York; (7) Chester River, Pennsylvania, improvements; (8) Connecticut River, Connecticut; (9) Sixes Bridge Dam and Lake, Maryland; (10) Salt Creek Lake, Ohio; (11) Lincoln Dam and Reservoir, Illinois; (12) Helm Lake, Illinois; (13) Coney Island Creek, New York; (14) Lafayette Lake Dam and Reservoir, Indiana; and (15) Elk Creek Lake, Oregon. Prohibits the authorization of Federal funds for planning or implementation of the Northfield Mountain or Miller's River Basin water supply projects, Massachusetts.
United States · United States Congress · 2 June 1981
Critical Industry Reindustrialization Tax Act of 1981 - Amends the Internal Revenue Code to extend the targeted jobs income tax credit to the training of skilled labor in labor-shortage business or industry. Defines "labor-shortage business or industry" as any business or industry which either the Secretary of Defense or Labor has certified as having more available skilled jobs than available skilled workers and trainees. Provides for a credit of 50 percent of first year wages and 30 percent of second year wages paid to skilled labor workers. Makes inapplicable to skilled labor workers the restriction that only $6,000 of first and second year wages paid to new employees be taken into account for purposes of the targeted jobs credit. Makes permanent the jobs credit for skilled labor employees.
United States · United States Congress · 2 June 1981
Interstate Compacts - Grants the consent and approval of Congress to amendments made by the District of Columbia, Virginia, and Maryland to the Washington Metropolitan Area Transit regulation compact which delete the requirement that laborers and mechanics employed by the contractors and subcontractors of the Washington Metropolitan Area Transit Authority be paid wages at rates not less than those prevailing on similar construction in the locality in accordance with the Davis-Bacon Act.
United States · United States Congress · 28 May 1981
Prohibits the Federal Trade Commission from investigating or taking any action concerning any State regulated profession until Congress enacts legislation which expressly provides that the Commission has authority over professions and that the Commission's authority preempts State authority. Vacates any such action taken during the period beginning on May 28, 1981, and ending on the date of enactment of this Act.
United States · United States Congress · 27 May 1981
Amends the Urban Mass Transportation Act of 1964 to exempt construction contracts and subcontracts financed by loans or grants made to the Washington Metropolitan Area Transit Authority under such Act from the prevailing wage provisions of the Davis-Bacon Act.
United States · United States Congress · 20 May 1981
Farm Labor Contractor Registration Act Amendments of 1981 - Amends the Farm Labor Contractor Registration Act of 1963 to exempt from the definition of "farm labor contractor": (1) any agricultural employer who recruits and hires migrant workers for such person's own agricultural operation (currently the employer must personally engage in such hiring); (2) bona fide employees who perform such activity for their employer (currently full-time or regular employees who engage only incidentally in such activity); (3) any person who supplies students or other persons whose principal occupation is nonagricultural to perform certain seed industry work (currently only applies to corn and sorghum with a maximum four-week work period); and (4) nonprofit or cooperative associations of farmers, growers, or ranchers and their employees. Defines the terms "for such person's own operation" and "bona fide employee" for purposes of such Act. Redefines "migrant worker" to mean a seasonal or temporary agricultural worker who cannot normally return to his or her domicile after each working day (currently anyone employed in agriculture).
United States · United States Congress · 19 May 1981
Amends the Internal Revenue Code to revise requirements for the exclusion of interest on mortgage subsidy bonds. Repeals provisions which allow tax-exempt status for such bonds if 95 percent of the mortgages financed by such issues are in compliance with stated requirements. Provides that a showing that the issuing authority has tried in good faith to satisfy all requirements will cure a failure to meet any particular requirement if such failure is corrected within a reasonable time after its discovery. Allows bondholders to rely upon an issuer's good faith covenant as to a compliance. Revises the new homeowner requirements to allow eligibility for bond-financed mortgages for persons who are residing in substandard housing or who have lost their homes because of natural disasters or governmental action. Changes the method of determining the average area purchase price for purposes of the purchase price requirements for bond-financed mortgages. Specifies that the average area purchase price shall not include residences which are not typically financed through normal real estate mortgage loans and that such price may be determined separately for new and previously occupied homes. Revises the arbitrage requirements to increase the amount by which interest rates on tax-exempt mortgage subsidy bonds may exceed the interest rates on mortgages financed with such bonds. Changes the method of determining the yield on an issue. Specifies that issuers are not required to dispose of any investment and realize a loss in order to satisfy arbitrage restrictions. Allows two or more qualified mortgage bond issues of a single issuer to be combined for purposes of determining compliance with arbitrage requirements. Permits issuers to maintain a reasonable reserve against investment losses and to allocate credits or payments between eligible mortgagors. Exempts mortgages insured by the Federal Housing Administration or guaranteed by the Veterans Administration from certain mortgage assumption requirements. Includes energy impacted areas within the definition of targeted areas for purposes of the special treatment of targeted area residences. Repeals the requirement that the designation of areas of chronic economic distress be approved by the Secretary of Housing and Urban Development. Limits the designation of areas of chronic economic distress to 25 percent of the geographic area within a State. Redefines statistical areas to include two or more statistical areas combined. Repeals the registration requirements for bond issues.
United States · United States Congress · 30 April 1981
Title I: Short Title, Findings, and Purposes - National Minerals Security Act of 1981 - Sets forth findings and purposes. Title II: Mineral and Material Planning and Availability - Establishes the Council on Materials and Minerals to develop and implement a national minerals and materials policy. Title III: Domestic Mineral Resource Potential - Directs the Secretary of the Interior to: (1) review land use plans developed under the Federal Land Policy and Management Act of 1976; (2) consider the suitability of such public lands for mineral location and leasing; and (3) revise such plans accordingly. Requires any land use plan prepared under such Act and any review and any review conducted under this Act to: (1) contain an estimate of potential mineral resources; and (2) consider the development and extraction of any significant mineral deposit as a dominant use. Directs the Secretary to determine the number of acres of Federal lands withdrawn, classified, restricted, or closed to mineral location or leasing and the number of acres of land made available for mineral location and leasing under this title and to report the results to Congress. Requires the Secretary to publish a notice in the Federal Register at least once every two years requesting the nomination of lands withdrawn, classified, restricted, or closed to be reviewed. Requires the Secretary to review lands nominated by any person to determine the suitability of such lands for mineral location or leasing. Extends the December 31, 1983, mining expiration date in the Wilderness Act to December 31, 1993. Title IV: Mineral and Material Data Acquisition and Analysis - Directs the Secretary to transfer the State Mining and Mineral Resources and Research Institutes to the administrative jurisdiction of the Bureau of Mines. Makes the Bureau the principal Federal agency for mineral data collection, compilation, analysis, and dissemination. Requires the Bureau and the U.S. Geological Survey to undertake stated activities directed towards ensuring an adequate supply of minerals and materials. Title V: Capital Formation and Taxation - Amends the Internal Revenue Code to: (1) define air or water pollution control facilities for purposes of the exclusion of interest on industrial development bonds; and (2) permit a deduction for the amortization of the amortizable basis of a pollution control facility, based on any amortization period of from one to 60 months. Title VI: Regulatory Reform - Amends the Administrative Procedure Act to require that notice of a proposed rule published in the Federal Register include: (1) a statement of the need for and objectives of the proposed rule; and (2) a description of all reasonable alternative public or private means for achieving the objectives of the proposed rule, together with an explanation of how the proposed rule achieves the objectives at lower cost or with fewer adverse effects than the alternatives. Requires an agency, after giving notice and giving interested persons the opportunity to participate in the rulemaking process, to conduct additional proceedings if the comments received from those interested reveal that there are disputed factual issues. Requires such proceedings to include informal public hearings, meetings or conferences, mediation, presentation of witnesses for direct and cross-examination, and additional opportunity for preparation of written rebuttals to any materials required in the notice of proposed rulemaking. Title VII: National Defense Stockpile - Amends the Strategic and Critical Materials Stock Piling Act to require that all moneys received from the sale of materials in the National Defense Stockpile be transferred to the National Defense Stockpile Transaction Fund and be available only to acquire strategic and critical materials. Title VIII: Antitrust Restrictions - Directs the Attorney General to review antitrust laws, rules, and regulations to determine the extent to which they are consistent with the policy of this Act. Title IX: Foreign Policy - Directs the Secretary of the Interior to: (1) conduct an analysis of the foreign mineral and materials information requirements and resources of all executive branch departments and agencies; (2) direct the centralization of responsibility for the maintenance of a coordinated repository of foreign mineral, material, and related information in the Bureau of Mines; and (3) ensure that the Bureau maintains its foreign mineral, material, related information repository to be responsive to the information needs of all Federal agencies. Amends the Mining and Minerals Policy Act of 1970 to require the Secretary of State to report annually to the Secretary of the Interior concerning foreign policy as it relates to the availability of minerals for domestic use.
United States · United States Congress · 29 April 1981
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer or dealer of firearms a person who manufactures or deals as a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Stipulates that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has probable cause to believe that a violation has occurred and that evidence may be found on the premises. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years' imprisonment (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Deletes the prohibition against concurrent sentences. Prohibits the granting of parole to first and subsequent offenders. Stipulates that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect person or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Establishes a Congressional veto procedure with respect to firearms regulations. Authorizes either House of Congress to adopt a resolution of disapproval within 90 days of the rule's promulgation. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Makes any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 28 April 1981
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage from entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State, or limiting such distributor to the sale of such beverage for ultimate resale to consumers in that area, when such beverage has substantial competition from other malt beverages in that area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 7 April 1981
Government Cost Reduction Act - Title I: General Provisions - Declares that the purpose of this Act is to reduce the costs of Government to the taxpayers and to improve Government productivity. Title II: Agency Program Appraisal - Requires the head of each Executive agency to: (1) classify its activities into programs and identify each program under its jurisdiction; (2) set forth long term goals of each such program; and (3) review and revise, if appropriate, program categories and goals at least every four years. Directs each agency head: (1) to provide for the collection and analysis of information necessary for the evaluation of each program and of the agency's success in reducing program costs; and (2) to develop program performance indicators based on the annual and long-term goals of the program and the annual cost-reduction objectives for the program. Requires each agency head to submit to the President for each fiscal year a management improvement plan. Directs the President to review such plans and establish annual program goals and cost-reduction objectives for the fiscal year for each agency and each designated program having the greatest need for improved management. Requires each agency to modify its management plan as necessary, implement such plan, and report on its success in meeting program and cost-reduction objectives to the President and the Office of Personnel Management (OPM). Directs the President to rate the success of each agency in meeting its objectives and of each designated program according to a system to be established by OPM. Requires each agency head to rate each agency program. Directs each agency to provide for employee participation in the development of management improvement plans. Authorizes the OPM to adjust, within specified limits, the amount of benefits (including merit pay increases, cash awards, and promotions) available during a fiscal year to employees within a program on the basis of the program rating for the preceding year. Title III: Cost Savings - Defines the term "cost savings" as an amount which is budgeted but not spent for an agency program because of improvements in program management or operation, provided that the savings do not adversely affect the attainment of annual or long-term program goals or generate additional costs later. Permits any agency to report program savings to the President and request the President to designate them as cost savings. Directs the President to review and verify such savings and to determine the amount of such savings which qualifies as cost savings. Declares that 50 percent of any cost savings shall be returned to the U.S. Treasury, ten percent shall be available to the agency for employee benefits, and the remainder shall be available to the agency for any authorized purpose. Title IV: Work Force Planning - Requires each agency to develop by October 1, 1985, a work force planning system capable of determining personnel requirements for all agency programs according to an implementation schedule and guidelines prescribed by OPM. Directs each agency to test the system, make necessary modifications, and apply to OPM for certification of the system by October 1, 1986. Directs agencies to use data derived from such systems to formulate requests, reallocate personnel, and determine whether to have work performed by contract. Requires the Director of the Office of Management and Budget (OMB) to report to Congress on its use of such data to formulate budget requests. Requires the Director of OPM to conduct and prepare project evaluations for demonstration projects using certified work force planning systems. Title V: Cost Accounting and Productivity Measurement Cost Accounting Systems - Requires each agency, by October 1, 1985, to establish a cost accounting system to determine the per-unit cost of output of each program and to provide a basis for allocating the indirect cost among agency programs. Directs the Comptroller General to prescribe regulations to standardize such systems. Requires the Director of OPM: (1) to establish a productivity measurement system to contain productivity data submitted by each agency; (2) to develop an index of such data; and (3) to provide such index to the Director of the General Services Administration for entry into the Federal Information Locator. Transfers to the Director of OPM all functions of the Secretary of Labor pertaining to the measurement of the productivity of agencies which are carried out by the Bureau of Labor Statistics. Requires the Director to submit to the President and Congress an annual productivity report including: (1) a measure of the productivity of Government overall and of each agency program; (2) comparisons of the productivity of ways to improve Government productivity. Requires the Director to provide for a clearinghouse for information on productivity improvement programs. Requires the Director to encourage agencies to develop procedures for increasing employee participation in decisions affecting program administration. Title VI: Capital Investment Funds - Authorizes the Director of OMB to establish special accounts to finance capital improvement projects which: (1) require expenditures of less than $100,000; and (2) will generate cost savings at least equal to the project expenditures within four years after completion. Sets forth criteria for the approval by each agency head of project proposals. Requires designated agency employees to review and report to the agency head on the data supporting the projected cost savings and productivity improvements of each proposed project. Directs the agencies to monitor the projects and report to OMB on whether the cost savings and productivity improvements of funded projects match original projections. Title VII: Additional Incentives for Increased Productivity - Directs OPM to prescribe regulations which permit agencies to institute involuntary separations to meet reduced labor requirements caused by improved productivity only if alternative methods of responding to a reduced work load have failed. Applies grade retention provisions to any employee in a civilian supervisory position which is reduced in grade because of personnel reductions caused by productivity improvements. Requires the contributions of a Federal employee or a senior executive toward the attainment of annual program and cost-reduction objectives to be considered in his or her performance evaluation. Requires performance appraisal periods to be coterminous with the fiscal year. Directs OMB to prescribe regulations permitting agency employees to demonstrate that agency work to be performed by contract could be performed as efficiently and effectively by agency employees. Authorizes the Inspector General of any agency to pay a cash award to an employee whose disclosure of waste or fraud resulted in cost savings. Title VIII: Miscellaneous Provisions - Directs the President to review the functions of OPM and OMB under this Act and to transfer any functions the President determines would be performed better by the other agency. Restricts the use of contracted services to carry out this Act.
United States · United States Congress · 2 April 1981
Prohibits any civilian employee or member of the armed forces who has the authority to take personnel actions from taking any such action as a reprisal toward nonappropriated fund instrumentality employees who disclose information indicative of legal violations or mismanagement. Defines such employees as those civilian employees paid from unappropriated funds of instrumentalities of the United States under the jurisdiction of the armed forces.
United States · United States Congress · 2 April 1981
Amends the Immigration and Nationality Act to exclude temporary agricultural workers from the "adverse effect on U.S. workers' wages" provision for purposes of U.S. entry.
United States · United States Congress · 1 April 1981
Directs the President to award a special gold medal to Fred Waring. Stipulates that funds may not be appropriated under this Act for any period before October 1, 1981.
United States · United States Congress · 26 March 1981
Expresses the sense of Congress that the President and the Secretary of Defense should make every effort to remove waste and inefficiency from Department of Defense programs and that the expenditure of appropriated funds for national defense purposes should be closely monitored.
United States · United States Congress · 19 March 1981
Constitutional Amendment - Prohibits the adoption of any Federal budget in which expenditures exceed receipts unless approved by a roll call vote of three-fifths of the Members of each House of Congress directed solely to that subject. Prohibits the Congress from passing and the President from signing any appropriation bill which would cause the total expenditures of the Federal Government to exceed its total receipts in any fiscal year. Permits the Congress to waive such provisions with respect to any single year in which a declaration of war is in effect. Prohibits any annual increase in the proportion of Federal receipts to the national income unless passed by a roll call vote, directed solely to such purpose, of each House of Congress.
United States · United States Congress · 18 March 1981
Amends the Internal Revenue Code to extend tax-exempt status to veterans' organizations at least 75 percent of whose membership consists of past or present members of the armed forces of the United States (combat or noncombat veterans) and whose remaining membership consists substantially of cadets or spouses, widows, or widowers of armed forces personnel or cadets.
![Official portrait of Rep. Daniel, W. C. (Dan) [D-VA-5]](https://www.congress.gov/img/member/d000038_200.jpg)