United States · United States Congress · 18 March 1982
National Defense Port System Act of 1982 - Title I: Establishment of National System of User Taxes for Deep-Draft Channels and Harbors - Directs the Secretary of the Treasury, not later than three months after recommendations have been made by the Deep-Draft Port Task Force established by this Act, to develop a nationally uniform system of user taxes to be imposed on the use of ports with deep-draft channels or harbors by any vessel which is in: (1) the business of transporting property or passengers for compensation or hire; or (2) transporting property or passengers in the business of the owner, lessee, or operator of the vessel. Requires such taxes to be imposed with respect to commodities, classes of commodities, and passengers. Prohibits any such tax from being levied on any item with respect to which such a tax has been previously paid. Allows the Secretary to increase or decrease such user tax under certain circumstances. Requires the master of any vessel with respect to which a tax is imposed to deliver to the Customs Service a manifest of the cargo and a declaration of the passengers upon arrival in a port having a deep-draft channel or harbor. Establishes the Deep-Draft Commercial Port Task Force to make specific recommendations to the Secretary of the Treasury concerning the classifications and amounts of tax which should be established for commodities. Directs the Secretary to impose a tax on the use of any deep-draft channel or harbor by any vessel transporting property which is to be unloaded at a privately owned port which is not open to public navigation and is not operated and maintained by the United States. Grants the consent of Congress, subject to certain conditions, to the imposition of certain State user fees at deep-draft channels or harbors. Requires the net produce of such fees to be transferred to, and for the use of, the United States Treasury. Prohibits the use of funds from the Port System Trust Fund or the general fund of the Treasury for any approved navigation improvement project, the operation or maintenance of any deep-draft channel or harbor, or any other civil works project of the Secretary of the Army in any State unless such State has port user fees in effect not later than two years after enactment of this Act. Directs the Secretary of the Treasury to collect and enforce such State port user fees. Establishes the Port System Trust Fund within the Treasury. Directs the Secretary to report annually to Congress on Trust Fund operations. Makes amounts in the Trust Fund available for: (1) navigation improvement projects; and (2) operation and maintenance of specified channels and harbors, including those in the Saint Lawrence Seaway, Great Lakes, or their connecting waters. Sets the Federal share of any approved navigation improvement project at 90 percent. Revises financing procedures of the Saint Lawrence Seaway Development Corporation. Terminates Corporation obligations outstanding on the effective date of this Act. Title II: Construction and Financing of Navigation Improvement Projects to Increase the Depth of Deep-Draft Channels and Harbors to More Than Forty-Five Feet - Directs the Secretary of the Army, acting through the Chief of Engineers, to expedite construction of approved navigation improvement projects if the appropriate State port authority enters into a specified agreement with the Secretary. Requires such port authority to reimburse the United States for 100 percent of construction, operation, and maintenance costs. Allows State port authorities to construct approved navigation improvement projects at their own expense and to finance such construction through the adoption of duties of tonnage. Grants the consent of Congress, subject to certain conditions, to the levying by the States of such duties of tonnage. Directs the Comptroller General to audit the operations of such State port authorities and to report to Congress thereon. Sets forth enforcement procedures concerning such duties of tonnage. Title III: Expedited Procedure for Approval of Navigation Improvement Projects and Related Landside Facilities Projects - Directs the Secretary to establish a project schedule for all agency decisions relating to navigation improvements and landside facilities projects. Authorizes the Secretary to modify the project schedule at any time. Describes procedures concerning judicial review of final agency decisions covered by a project schedule.
United States · United States Congress · 17 March 1982
Directs the Secretary of the Treasury to study and report to specified congressional committees on the advisability of replacing the Federal individual income tax or such income tax and the Federal corporate income tax with a simplified income tax on gross income.
United States · United States Congress · 16 March 1982
Amends the Internal Revenue Code to provide for the recapture of overall foreign losses in the case of any loss sustained with respect to stock or debt of a corporation: (1) in which the taxpayer owned at least ten percent of the voting stock at the time the loss was sustained or within one year prior to such time; and (2) with respect to which the taxpayer's entire interest is terminated before the close of the third taxable year following the taxable year in which the loss was sustained.
United States · United States Congress · 10 March 1982
Amends the Tariff Schedules of the United States to apply duty-free treatment to certain athletic footwear imported for the use of nonprofit institutions in athletic competitions for physically or mentally handicapped persons.
United States · United States Congress · 9 March 1982
Amends the Internal Revenue Code to revise the formula for determination of the wholesale price of cigars on which the excise tax is based. Defines "wholesale price" as the price at which cigars are sold by manufacturers or importers (present law defines "wholesale price" as the suggested delivered price at which the cigars are to be sold to retailers).
United States · United States Congress · 1 March 1982
Immigration Court and Procedure Reform Act of 1982 - Amends the Immigration and Nationality Act to establish a United States Immigration Court. States that such Court shall consist of a 50 judge trial division and a seven judge appellate division. Sets forth jurisdictional provisions. Permits Supreme Court review of immigration appellate division decisions based on a writ of certiorari or on appeal from a holding declaring an Act of Congress unconstitutional. Sets forth appellate review procedures. Makes the asylum eligibility provisions consistent with parallel refugee provisions. Modifies asylum procedures to: (1) establish an "asylum officer" to conduct hearings in a nonadversarial setting; (2) permit aliens to have an attorney present in an advisory capacity; (3) make an asylum determination final; (4) put the burden of proof on the alien; (5) require asylum applications to be made within 14 days; (6) prohibit proceedings from being reopened unless there is a clear showing of changed circumstances in the applicant's country; and (7) permit the Attorney General to terminate an alien's asylum status if he or she is no longer a refugee as a result of changed circumstances in the home country. Gives exclusive judicial review responsibility in an asylum claim to the appellate division of the Immigration Court. Denies review under the Administrative Procedure Act. Makes conforming amendments to: (1) exclusion and deportation hearing and appeals provisions; and (2) certificate of identity provisions.
United States · United States Congress · 25 February 1982
Amends the Internal Revenue Code to increase the excise tax on small cigarettes from $4 to $14 per thousand. Increases the excise tax on large cigarettes from $8.40 per thousand to $22.40 per thousand. Provides for an annual inflation adjustment for such tax based on the Consumer Price Index.
United States · United States Congress · 23 February 1982
High Technology Trade Act of 1982 - Directs the President to negotiate with foreign governments and instrumentalities to obtain substantially equivalent competitive opportunities through maximum openness of trade and investment. Requires such negotiations to include, to the maximum extent possible, the major developed countries and the newly industrialized countries. Authorizes the President to enter into bilateral and multilateral agreements to achieve the objectives of this Act, including commitments to monitor compliance. Sets forth commitments included in providing substantially equivalent competitive opportunities through maximum openness of trade and investment. Authorizes the President, in order to carry out an agreement under this Act, to proclaim tariff changes and to use procedures contained in the Trade Act of 1974 if changes in U.S. law are required. Authorizes the President to enter into an agreement under this Act even if the President determines that U.S. firms would not promptly receive substantially competitive trade and/or investment opportunities. Makes such an agreement subject to specified conditions. Requires the President to report to Congress on whether the major developed countries and the newly industrialized countries have taken sufficient actions to provide substantially equivalent competitive opportunities for U.S. high technology exports and investments. Provides for consultations if such actions have not been taken. Authorizes the President to establish substantially equivalent competitive opportunities if consultations do not establish such opportunities. Directs the Secretary of Commerce to report annually to Congress on: (1) the extent to which any major developed country or advanced developing country utilizes industrial policies or measures that distort international trade and that have significant adverse effects on the U.S. high technology industry; and (2) the measures the United States is taking to remedy such adverse effects. Sets forth material to be analyzed in such report. Directs the President to take whatever steps are necessary to eliminate foreign industrial policies which: (1) significantly distort international trade or investment to the detriment of any U.S. high technology industry; and (2) may result in sales of articles at less than fair value in the U.S. market or subsidization of imports and cause material injury to any U.S. high technology industry. Authorizes the President to negotiate agreements providing for the expansion of product categories or to take unilateral action to prevent the distorting effects of restrictions at one level of trade on the trade patterns at another level. Directs the Secretary to analyze high technology trade and investment patterns, to evaluate the equivalency of competitive opportunities, and to further the objectives of this Act. Directs the Secretary to report annually to the President on such analysis. Directs the President to report annually to Congress on the measures contained in the Secretary's report that the President considers to be a violation of international agreements or which are otherwise unjustifiable and a burden on U.S. commerce. Directs the Secretary and the United States Trade Representative (USTR) to establish a High Technology Industry Advisory Committee. Requires the USTR and the Secretary to consult with the Committee on negotiating positions, concluding agreements, imposing restrictions under this Act, and monitoring the results of any such agreement or restriction. Amends the Trade Act of 1974 to add to the actions the President may take to enforce U.S. trade rights and respond to foreign trade practices. Authorizes the President to impose restrictions on direct investment by foreigners in the United States and on access by foreigners to joint research and development activities in the United States.
United States · United States Congress · 22 February 1982
Clean Air Act Amendments of 1982 - Amends the Clean Air Act ("the Act") to revise stationary source, mobile source, and other provisions of the Act. Title I: Amendments Relating Primarily to Stationary Sources - Fine and Inhalable Particulates - Directs the Administrator of the Environmental Protection Agency (EPA) to issue air quality criteria and information for inhalable particulates (less than 10 to 15 microns in diameter) within one year of enactment of this Act. Directs the Administrator to propose and promulgate a national primary ambient air quality standard ("a primary NAAQS") for inhalable particulates, unless there is no significant evidence that this is requisite to protect public health. Directs the Administrator to determine whether or not fine particulates (less than 3 microns in diameter) should be listed among those air pollutants for which the issuance of air quality criteria is planned. Provides that State implementation plan (SIP) provisions which related to a prior NAAQS and were in effect immediately before the revision or elimination of such NAAQS shall remain in effect until the Administrator determines that an SIP revision has been implemented which takes account of such NAAQS change. Hazardous Air Pollutants - Revises provisions for national emission standards for hazardous air pollutants (NESHAPs). Directs the Administrator to determine, after notice and opportunity for public hearing, whether or not each of 37 substances (listed in a specified publication of congressional oversight hearings) is a hazardous air pollutant. Requires that each of the 37 substances be included on the NESHAPs list (of substances for which NESHAPs are to be established), unless the Administrator has determined that any of the 37 substances is not a hazardous air pollutant. Requires that the NESHAPs listing determinations for these 37 substances be made within one year of the enactment of this Act. Directs the Administrator, in the case of substances other than those 37 substances, to make determinations within 180 days after receipt of information which indicates that a substance may be a hazardous air pollutant, after notice and opportunity for public hearing. Permits (currently, the Administrator is required) the Administrator to make a new determination in the case of any substance which the Administrator has previously determined not to be a hazardous air pollutant. Requires that any substance which the Administrator determines to be a hazardous air pollutant be included on the NESHAPs list. Directs the Administrator to publish a list of each category of stationary sources which emit in any significant amounts any hazardous air pollutant included on the NESHAPs list. Requires that specified categories be included in the source categories list, and that such list be published 15 months after enactment of this Act for certain categories and 18 months after such enactment for other categories. Directs the Administrator to publish a revised source categories list within one year after any revision in the NESHAPs list. Authorizes the Administrator to revise the source categories list at such other times as may be necessary. Directs the Administrator to publish proposed emission standards for new stationary sources in each source category listed within 30 months of enactment of this Act for certain categories and within 42 months of such enactment for other categories. Directs the Administrator to promulgate such standards within six months after such publication. Directs the Administrator to revise such standards where appropriate following periodic review. Requires such periodic review to be completed within ten years of the date of promulgation of such standards. Provides that such standards shall apply to each hazardous air pollutant on the NESHAPs list which is emitted in significant amounts from sources in such category. Requires that such emission standards (for new stationary sources in each source category listed for NESHAPs purposes) be established at the more stringent of: (1) the greatest degree of emission reduction achievable through application of the best system of continuous emission reduction which the Administrator determines is available, taking account of costs, health and environmental impacts, and energy requirements; or (2) the most stringent emission limitation achieved in practice by other sources in the same, or a similar, category. Authorizes the Administrator to distinguish among classes, types, and sizes within categories of sources for purposes of establishing such standards. Sets forth a schedule for completion of specified actions required after enactment of this Act: (1) one year for making the NESHAPs listing determination for the 37 substances; (2) 15 months for publishing the source categories list for certain categories, and 18 months for other categories; (3) 30 months for proposing emission standards for certain source categories, and 42 months for other categories; and (4) six months after such proposal for promulgation of such standards. Provides that no time period under such schedule may be delayed or modified by any petition to the Administrator or by any action brought in any court. Declares that completion of such actions according to such schedule is a nondiscretionary duty of the Administrator. Permits citizen suits against the Administrator in cases of failure or refusal to comply with such schedule. Allows such suits to commence ten days after the plaintiff has given notice of the violation to the Administrator. Prohibits any construction of any new source or modification of any existing source of any hazardous air pollutant on the NESHAPs list if such construction or modification will increase (after the application of federally enforceable emission limitations) the emission of such hazardous air pollutant by a significant amount unless such source is required to comply with an emission standard established on a case-by-case basis by the Administrator (or a State, if delegated). Directs the Administrator to establish a standard for each source at the level which provides an ample margin of safety to protect public health from the hazardous air pollutant, unless the Administrator makes and publishes a detailed finding that such a standard is not economically or technologically practicable. Requires, where such a finding is made, that an individual new or modified source case-by-case standard: (1) be established according to the same criteria as source category standards; and (2) be no less stringent than any applicable source category standard. Provides for the delegation to States of the implementation and enforcement of emission standards for hazardous air pollutants for new or modified stationary sources. Directs the Administrator to establish a procedure, similar to that for State implementation plans (SIPs), under which each State shall submit a plan which: (1) establishes emissions standards for each hazardous air pollutant on the NESHAPs list for each existing source to which a NESHAPs emissions standard would apply if such existing source were a new source; and (2) provides for implementation and enforcement of each such standard as expeditiously as practicable, but not later than three years after establishment of such standard. Permits States to consider the remaining useful life of the existing source in applying such a standard. Authorizes the Administrator to prescribe or enforce provisions of such plans where a State fails to do so. Makes it unlawful for any owner or operator of any stationary source to operate such source in violation of any applicable standard under these revised NESHAPs provisions. Eliminates that part of the definition of "hazardous air pollutant" which requires that no NAAQS be applicable to such pollutant (but retains consideration of increased mortality or morbidity in such definition). New Source Immunity - Sets forth "new source immunity" provisions establishing a ten-year "grandfather" period beginning with the commencement of construction of any new stationary source or modification of a major stationary source. Provides that, for such period, such sources shall not be required to comply with any emission limitation or standard under the Act which is more stringent than construction or modification permit requirements. Conditions such immunity upon: (1) issuance of a permit, on or after enactment of this Act, under a permit program of an applicable SIP approved by the Administrator; (2) compliance with permit requirements and with all applicable new source performance standards (NSPS); and (3) no subsequent physical change in the source, or change in its method of operation, which increases air pollutant emissions or results in emissions of any air pollutant not previously emitted. Excludes from such immunity any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous air pollutants regulated under NESHAPs provisions; (2) pollutants with no NAAQS in effect at commencement of construction or modification, but for which a primary NAAQS is later promulgated; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Provides that such immunity shall not prevent the imposition of any emission limitation on any individual piece of process equipment not subject to a permit emission limitation based upon the best available control technology (BACT). Acid Rain - Establishes a new program entitled "Interstate Transport and Acid Precursor Reduction." Establishes an "acid deposition region" consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Directs the Administrator to: (1) study air pollution problems associated with long-range transport of pollutants in the portions of the continental United States not included in the acid deposition region; and (2) report the results to Congress within two years. Establishes an acid deposition regional target providing for a ten-year phased schedule of reductions to achieve an annual average emission level that is 10,000,000 tons of sulfur dioxide below the 1980 baseline level. Directs the Administrator, within six months, to compute and publish a target and a schedule for each affected State. Permits two or more States to agree to change their share of the sulfur dioxide emissions reduction ("reduction"). Requires that State reduction schedules begin within five years, be substantially complete within eight years, and reach the State target within ten years of enactment of this Act. Sets forth formulas for: (1) State reduction fractions (based on 1980 emissions from electric utility steam generating units); and (2) the 1980 baseline level for the region or any State within the region. Requires States within the region to prepare, publish, and submit to the Administrator, within two years of enactment of this Act, State programs of reduction in accordance with the State schedules. Directs the Administrator to approve State programs, within four months of submission, if such programs: (1) were adopted after public notice, opportunity for hearing, and submission to Governors of the other States in the region; and (2) contain enforceable reduction measures, including emission limitations, monitoring requirements, and compliance schedules. Requires State programs to include enforceable continuous emission reduction measures. Lists some measures that State programs may include. Permits a State or any person subject to State program requirements to substitute a reduction of twice as many units of nitrogen oxide emissions for each unit of required reductions of sulfur dioxide emissions. Provides for an EPA alternative program if a State program: (1) has not been adopted by a State within two years; or (2) has not been approved by the Administrator within two years and four months. Requires, in such cases, that any owner or operator of an electric utility steam generating unit in such State submit, within three years of enactment of this Act, a unit plan and schedule for reductions. Requires unit plans and schedules only from units which: (1) are major stationary sources; (2) are not subject to new source performance standards; and (3) actually emitted, or were permitted to emit, sulfur dioxide during 1980 in excess of a specified rate. Requires that unit plans and schedules provide for a reduction to a specified rate of emissions, according to a phased schedule (beginning within five years, substantially complete within eight years, and finally complete within ten years of the enactment of this Act). Sets forth provisions for approval of unit plans and schedules. Provides that any unit for which a plan has not been submitted and approved must comply with the specified emission limitation within five years of the enactment of this Act. Directs the Administrator to establish a program of purchase and sale of emission reduction credits among stationary sources of sulfur dioxide in five emission reduction credit regions within the acid deposition region. Provides that specified requirements under this Act shall be treated as emission limitation requirements of applicable SIPs. Sets forth procedures for petitions for determination that programs or plans will not meet deadlines and for petitions for review of such determinations or denials. Interstate Air Pollution - Requires that an SIP contain provisions for the establishment of emission limitations to prevent stationary sources within the State from interfering with the ambient air quality of other States. Requires that such SIP provisions conform to the interstate pollution abatement provisions of the Act. Revises interstate pollution abatement provisions to require prior notice to all affected nearby States from each major proposed new (or modified) source which, by itself or in combination with other sources, may interfere with the ambient air quality of another State in a specified manner. Allows any person to petition the Administrator to make a finding that emissions from stationary sources in any State are interfering with the ambient air quality of another State by contributing: (1) concentrations of a pollutant in a nonattainment area; (2) concentrations consuming any part of any maximum allowable concentration or increase over baseline concentrations of a pollutant (under prevention of significant deterioration of air quality (PSD) provisions), in any area which is not a nonattainment area for that pollutant; or (3) to air pollution which may reasonably be anticipated to endanger public health or welfare in such other State. Allows petitions relating to such interference with another State's air quality also to be submitted to the Administrator prior to approval of a SIP or of a construction or modification permit. Prohibits approval in such cases unless the Administrator determines that such interference will not result. Directs the Administrator, within 60 days of receipt of such petition, to make a finding or denial. Directs the Administrator, if such finding is made, to: (1) determine the degree to which sources in each State concerned (including the State adversely affect) contribute to the pollution concentration; and (2) require the SIPs concerned to contain emission limitations and compliance schedules for stationary sources in each State which contribute significantly to such concentrations. Requires that such limitations and schedules reduce such concentrations as promptly as practicable and, in the case of nonattainment areas, not later than the required attainment date for the adversely affected State. Requires that SIPs be revised accordingly within four months of the Administrator's order. Sets forth factors to be taken into account in setting interstate emission limitations at an equitable amount of emission reduction by each source. Allows the establishment of alternative emission limitations for existing sources in accordance with a specified policy. Requires, where appropriate, that construction or modification permits contain interstate emissions limitations established by the Administrator. Sets forth factors which may be taken into account in determining the effect of emissions from sources in any State on air pollution concentrations in any other State. New Source Performance Standards (NSPS) - Directs the Administrator to promulgate (or revise) "new source performance standards" (NSPS) for specified categories of stationary sources. Requires that such NSPS promulgation (or revision) be completed by the end of: (1) FY 1982 for one list of source categories; (2) FY 1983 for a second list; and (3) FY 1984 for a third list. Expedited SIP Revision Process - Directs the Administrator to approve or disapprove any SIP revision within four months of receipt. Qualifies a SIP revision for a special fast-track review (approval after a 30-day public comment period during which no objections are made) if the revision relates only to one or more of specified items. Prevention of Significant Deterioration - Revises provisions (in Part C of title I of the Act) 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 III areas. Eliminates provisions for PSD area redesignations as class III areas. Refers, instead, to redesignation as PSD areas other than class I or II areas. Requires States to consult with local governments prior to a PSD area redesignation. Revises PSD preconstruction requirements to replace references to class III areas with references to PSD areas other than class I or II areas. Allows the permitting authority to determine in its discretion the extent to which continuous air quality monitoring data must be included in air quality analyses for preconstruction review purposes. Applies PSD preconstruction requirements only to increases of 100 tons per year of any air pollutant for which there are NAAQS regulations. Eliminates the requirement that each State provide notice to the Administrator of every action related to the consideration of PSD preconstruction permits. Requires PSD preconstruction permit applications to be made available to the public. Requires PSD preconstruction permit programs to: (1) notify applicants within two months after receipt as to whether or not the application is complete and in what respects an incomplete application should be modified; and (2) issue or deny the permit within seven months after a completed application is received. Authorizes any officer or employee of a permitting agency to communicate and meet with any applicant, prior to submission of an application, to clarify PSD preconstruction permit requirements. Directs the Administrator to establish maximum allowable increases ("increment" requirements) for inhalable particulates in class I and II areas whenever the Administrator promulgates a primary NAAQS for such pollutant. Authorizes the Administrator to determine whether such increment requirements shall be in addition to, or in lieu of, the increment requirements established for sulfur dioxide and particulate matter. Requires that inhalable particulates increment requirements bear the same ratio to the primary NAAQS for fine particulates as the particulate matter increment requirements bear to the primary NAAQS for total suspended particulate matter in effect on December 31, 1981, using the reference method in effect on such day. Visibility - Revises provisions for visibility protection for mandatory class I Federal areas ("statutorily designated" large national parks and wilderness areas, which must not be designated as other than class I). Adds synthetic fuel facilities and surface mining operations to the types of "major stationary sources" covered by the visibility protection regulations (if such sources have the potential to emit 250 tons or more of any pollutant). Authorizes the Administrator to establish the "best available retrofit technology" (BART), for visibility protection program purposes, in terms of a design, equipment, work practice, or operational standard, or combination thereof, where it is not feasible to enforce a numerical emission limitation representing BART. Requires that the EPA regulations for visibility protection in effect on December 31, 1981, remain in force and effect until new or amended regulations are promulgated which meet the requirements of the visibility protection program. Prohibits any stay or other modification of such regulations issued after December 31, 1981, from having any force and effect. Nonattainment Areas; Extension of Attainment Dates - Sets forth new provisions for nonattainment areas for which SIPs are not approved. Directs the Administrator to prohibit the construction or modification of any major stationary source in such area if such construction or modification would result in emissions of any air pollutant: (1) in increased amounts of 100 tons or more per year; (2) for which the primary NAAQS is not attained in such area; and (3) with respect to which SIP provisions meeting requirements for nonattainment areas are not in effect. Authorizes the Administrator to waive such prohibition where the source owner or operator demonstrates that, for such air pollutant: (1) emissions offsets will meet specified requirements; (2) the source will comply with emissions limitations representing the best available control technology (BACT); and (3) all major stationary sources owned or operated by that owner or operator in the State are in (or on a schedule of) compliance with the Act. Provides that the emissions offsets required by such waivers: (1) be contemporaneous emission reductions of that air pollutant from existing stationary sources in the area; (2) be significantly greater, in the aggregate, than the increase (or new emissions) resulting from the construction or modification; and (3) provide a positive net air quality benefit. Sets forth a required baseline for measuring such emission reductions. Sets forth provisions for transfer of alternative emission reductions in nonattainment areas. Authorizes the Administrator to promulgate regulations under which such emission reductions may be: (1) sold, exchanged, or otherwise transferred; (2) registered on a public emission reduction credit register; and (3) held ("banked") by the owner for future use by any person for future compliance with nonattainment area provisions. Requires that any such transfer program comply with a specified policy. Makes technical and conforming amendments. Directs the Administrator, not later than March 1, 1983, to: (1) complete a review of all available data relating to the ambient air quality of the various air quality control regions; (2) determine which of such regions, or portions thereof, do not meet a primary NAAQS; and (3) revise the list of nonattainment areas accordingly. Allows six months for SIP revisions required as a result of such inclusions on the nonattainment area list. Authorizes the Administrator, where an SIP meets specified requirements, to extend the 1982 deadline for attainment of primary NAAQS for: (1) up to three years for particulate matter, hydrocarbons, and sulfur dioxide; and (2) up to five years for nitrogen oxide (retains the current five-year extension for carbon monoxide and photochemical oxidants, with automobile inspection and maintenance program requirements). Replaces the standard "lowest achievable emission rate" (LAER) with that of "best available control technology" for purposes of nonattainment area construction or modification permit requirements and guidance documents. Adds new definitions for purposes of nonattainment area requirements. Includes the reconstruction of a stationary source as defined by specified regulations in effect on December 31, 1980, in the definition of "new stationary source." Temporary Variances - Revises provisions for temporary emergency variances of any SIP requirement applicable to a stationary source. Permits a State to apply to the Administrator for a variance of up to six months in any one set of circumstances. Directs the Administrator to approve or disapprove such application in the same manner as the special fast-track review for SIP revisions. Operations and Maintenace - Requires that SIPs include a program for periodic audits of major stationary sources to insure the proper operation and maintenance of pollution control equipment used to comply with emission limitations. Requires that the results of such audits be available to the public. Sets a deadline, six months after enactment of this Act, for submission of SIP revisions taking account of such requirements. Title II: Provisions Relating Primarily to Mobile Sources - Emissions Standards for Vehicles and Engines - Sets forth tables of emissions standards for light-duty vehicles and trucks and engines manufactured during and after model year 1983 and for heavy-duty trucks and truck engines manufactured during and after model year 1984, in terms of emissions in grams per mile (gpm) or in grams per brake horsepower-hour (gpbhh) of hydrocarbons (HC), carbon monoxide (CO), oxides of nitrogen (NOx), and particulate matter (TSP: total suspended particulates). Retains the current (1982 model year) standards for gasoline-fueled light-duty vehicles and engines for model year 1983 and thereafter (0.41 gpm HC; 3.4 gpm CO; and 1.0 gpm NOx). Sets model year 1983 and thereafter standards for diesel-fueled light-duty vehicles and engines (0.41 gpm HC; 3.4 gpm CO; 1.5 gpm NOx, but 1.0 gpm NOx in 1986 and thereafter; and 0.6 gpm TSP--but 0.2 gpm TSP in 1986 and thereafter). Retains the scheduled EPA standards for light-duty trucks and truck engines (HC: 1.7 gpm for 1983 and 0.8 gpm for 1984; CO: 18 gpm for 1983 and 10 gpm for 1984; and NOx: 2.3 gpm for 1983 and 1984). Sets the NOx standard for 1985 and thereafter at 2.3 gpm for 1985 and 1.2 gpm (for light-duty trucks under 6,000 pounds) or 1.7 gpm (for light-duty trucks between 6,000 and 8,500 pounds) for 1986 and thereafter. Sets a TSP standard for light-duty trucks of 0.6 for 1983 through 1985 and 2.6 for 1986 and thereafter. Retains the scheduled EPA standards for heavy-duty trucks and truck engines for model year 1984 and thereafter (1.3 gpbhh HC; 15.5 gpbhh CO; and 10.7 gpbhh NOx). Sets the heavy-duty truck NOx standard for 1986 and thereafter at 4.0 gpbhh. Sets a heavy-duty truck TSP standard of 0.25 gpbhh for 1986 and thereafter, with specified exceptions. Authorizes the Administrator to prescribe different standards for emissions of reactive and nonreactive hydrocarbons from any class of vehicles and engines. Requires that any standard for reactive hydrocarbons emissions not permit a greater amount of such emissions than that which the Administrator determines would have been emitted by a light-duty vehicle conforming to model year 1981 standards. Requires that regulations for emissions of particulate matter (TSP) from heavy-duty diesel-fueled trucks and truck engines manufactured during or after model year 1986 contain emissions limits of 0.25 gpbhh unless, within 180 days after enactment of this Act, the Administrator promulgates a final rule establishing a different emissions standard. Extends, to model year 1983, the requirement that EPA regulations for CO, HC, and NOx emissions from classes or categories of heavy-duty vehicles and engines reflect the greatest degree of emission reduction achievable through the application of available technology and taking into consideration cost, noise, energy, and safety factors. Postpones, until model year 1984 (current law requires 1983), a provision that such HC and CO emissions standards require a reduction of at least 90 percent from the average of actually measured emissions from heavy-duty gasoline-fueled vehicles or engines, or any class or category thereof, manufactured during a specified baseline model year, except as otherwise provided in the emission standards tables added by this Act. Directs the Administrator to prescribe regulations applicable to emissions from heavy-duty vehicles and engines manufactured after model year 1983 for sale in high altitude areas. Prohibits such regulations from requiring percentage reductions or numerical standards more stringent than those applicable to vehicles or engines certified under nonhigh altitude conditions. Makes technical and conforming amendments. Warranties - Requires new motor vehicle and engine manufacturer warranties of the "emission control device or system," meaning a catalytic converter, electronic control units, oxygen sensors, and exhaust recirculation valves. (Currently warranties of the vehicle or engine are required with respect to emission control performance.) Requires manufacturers to provide replacement or replacement costs of such emission control devices or systems of light-duty vehicles under certain circumstances. (Currently such replacement or costs are required with respect to parts, devices, or components designed for emission control.) Useful Life - Requires that EPA regulations provide that the useful life of: (1) light-duty trucks and truck engines be five years or 50,000 miles (the same as for light-duty vehicles and vehicle engines); and (2) heavy-duty vehicles and heavy-duty vehicle engines be a period which the Administrator determines is the actual average life of the vehicle or engine. High Altitude Waiver - Authorizes the Administrator to waive a requirement that all light-duty vehicles and engines manufactured during or after model year 1984 comply with emission standards regardless of the altitude at which they are sold. Permits such waiver through model year 1985 for not more than 15 percent of the numbers of vehicles and of engines of a model year manufactured by a manufacturer for sale in high altitude areas, if the manufacturer demonstrates that such marketing would otherwise be prevented by the requirement's effect on cost, driveability, and fuel economy at high altitudes. Directs the Administrator to prescribe emissions standards for vehicles and engines granted such waiver which require a percentage of reduction in emissions at least equal to that otherwise required for the model year involved. Effective Date - Makes the amendments made by this title applicable to vehicles and engines manufactured during or after model year 1983, except as otherwise provided. Title III: Other Amendments - Administrative Procedures - Provides that no rule, regulation, guideline, policy statement, or other action of the Administrator in effect on the date of enactment of this Act may be altered in any manner except: (1) in accordance with specified administrative procedures; (2) as may be otherwise required pursuant to a court order; or (3) for those aspects of a rule or regulation which are invalidated by this Act. Visibility Study - Directs the Administrator, in conjunction with the Secretary of the Interior, to study means to objectively quantify visibility impairment and its causes. Specifies items to be included in such study. Directs the Administrator within two years of enactment of this Act to report study results and recommend a uniform procedure for visibility quality trend monitoring and reduction measurement. Diesel Study - Directs the Administrator, within six months of the enactment of this Act and in consultation with specified Federal agencies, to develop and implement a program to monitor and document the relationship between health effects and the introduction of diesel automobiles into the domestic fleet. Requires that the program be made in appropriate regions or areas to determine any different results. Requires that the results of such program be reported to the appropriate congressional committees as soon as practicable. Methanol Study - Directs the Administrator to: (1) accelerate ongoing studies of performance of methanol and other low-emission fueled vehicles; (2) evaluate and monitor ongoing experiments by other entities; (3) assess the cost effectiveness of such alternatives to gasoline; and (4) determine emission characteristics in methanol and other low-emission fueled engines. Directs the Administrator, if such study results are favorable, to develop a policy to encourage conversion of commercial and governmental vehicle fleets to low-emission fuels. Synfuels and Health Effects - Directs the Administrator, in consultation with specified Federal agencies, to study the adverse health effects associated with the development of a full-scale synthetic fuels industry. Indoor Air Pollution - Directs the Administrator, within one year of the enactment of this Act, to report to Congress on indoor air pollution. Requires: (1) inclusion of specified items; (2) utilization of certain findings and studies; (3) consultation with specified Federal agencies; and (4) accompaniment by recommendations for indoor air pollution control. Authorization of Appropriations - Authorizes appropriations to the Administrator for FY 1982 through FY 1986. 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, plus percentage increases for each fiscal year equal to Consumer Price Index percentage increases during the preceding calendar year. 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 · 22 February 1982
Declares that the House of Representatives considers Arland D. Williams, Junior, to be a national hero for his heroic sacrifice after the airplane crash in the Potomac River on January 13, 1982.
United States · United States Congress · 8 February 1982
Declares that any action by the United Nations to prevent a democratic state from exercising its rights to participate in the United Nations will seriously and harmfully affect congressional support for the United Nations.
United States · United States Congress · 3 February 1982
Amends the Internal Revenue Code to allow certain partnerships engaged in farming to elect to compute their income from farming under both the accrual method of accounting and the method used in the year preceding the year the accrual method became a requirement.
United States · United States Congress · 2 February 1982
Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Act of 1937, to terminate the Secretary of Agriculture's authority to enter into marketing agreements or issue marketing orders with respect to fruits, vegetables, hops, and tree nuts. Eliminates a provision providing for vegetable and fruit grade and size import restrictions.
United States · United States Congress · 28 January 1982
Trade in Services Act of 1982 - Requires that a principal U.S. negotiating objective under a specified section of the Trade Act of 1974 shall be to develop agreements which: (1) reduce barriers to U.S. service sector trade in foreign markets; (2) modify practices which distort international trade in services; and (3) develop international rules that are consistent with U.S. commercial policies and that will help ensure open international trade in services. Requires the United States Trade Representative (USTR) to pay particular attention to the interests of the States in any negotiation concerning barriers to international trade in services. Prohibits the USTR from entering negotiations involving a service sector regulated by the States unless the USTR has developed negotiating objectives with representatives of the States. Requires the USTR to consult regularly with the States on the negotiations. Requires the USTR to inform the service sector advisory committees established by the Trade Act of 1974 of prospective trade negotiations to reduce trade barriers. Requires the USTR to develop negotiating objectives with such committees before entering the negotiations and to consult with the committees during the negotiations. Requires the USTR to consult with interested congressional committees on such negotiations. Requires the USTR to present a proposed negotiating program and an analysis of U.S. negotiating interests to such congressional committees within 45 days after enactment of this Act. Directs the USTR to coordinate U.S. policies concerning trade in services. Requires Federal agencies regulating service sector industries to notify the USTR and seek the advice of the USTR on certain pending matters relating to international trade in services. Authorizes the Secretary of Commerce to establish in the Department of Commerce a service industries development program. Sets forth the purposes of such program. Directs the USTR and the Secretary to advise State governments on U.S. policies on international trade in services. Amends the Trade Act of 1974 to direct the USTR to determine whether: (1) services sold by a foreign supplier to the United States are government subsidized or sold at unfair prices; and (2) a competing service sector industry in the United States is injured or threatened with injury by such sales. Requires such subsidization or unfair pricing to be considered an unreasonable practice which burdens U.S. commerce, if the USTR makes a positive determination. Directs the President to take appropriate action under such Act. Sets forth the methods of filing a petition with the USTR requesting an investigation into subsidization or unfair prices. Requires the USTR to complete an investigation of subsidization or unfair pricing within six months. Permits termination or suspension of such investigations. Authorizes the President to impose duties or other import restrictions on suppliers of services in order to respond to unfair foreign trade practices. Requires the USTR, before the President imposes such duties or import restrictions, to consult with Federal and State agencies that regulate the services involved. Permits such fees or restrictions to be in any amount or of any kind determined by the President to be appropriate. Expresses the sense of the Congress that U.S. authorities responsible for regulating a service sector should, in developing their market access policies, consider the extent to which U.S. suppliers are accorded access to foreign markets. Requires Federal agencies regulating a service sector to make certain provisions in its regulations when considering rules that may affect foreign access to the U.S. market. Authorizes such agencies to impose such restrictions on foreign access to the U.S. market for such service sector as may be appropriate to promote fairness in international service sector trade. Authorizes appropriations.
United States · United States Congress · 28 January 1982
Requests the President to present, on behalf of Congress, a gold medal to Lenny Skutnik, in recognition of his heroic rescue of one of the victims of the airline crash into the Potomac River on January 13, 1982. Authorizes appropriations. Authorizes the Secretary of the Treasury to cause bronze duplicates of such medal to be coined for sale to the general public.
United States · United States Congress · 26 January 1982
Amends the Omnibus Budget Reconciliation Act of 1981 to extend by two months (until June 30, 1982) the period within which an individual must have become a full-time student at a postsecondary educational institution in order to continue to receive, after July 1982, child's insurance benefits on the basis of student status under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
United States · United States Congress · 26 January 1982
Permits the President to appoint successors to cadets at the U.S. Air Force Academy who have been discharged, graduated, or whose class has graduated without them.
United States · United States Congress · 25 January 1982
Amends the Federal census provisions to require Federal agencies to use the most recent population data (rather than the most recent decennial census data) in determining the amount of benefits due State and local governments under Federal programs.
United States · United States Congress · 15 December 1981
Orphan Drug Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations to exempt from such Act drugs intended solely for drug treatment investigations. Defines "drug treatment investigation" as an investigation of a drug which involves human participants with a rare disease or condition. Establishes in the Department of Health and Human Services an interagency committee known as the Committee on Orphan Drug Development. Makes it the function of such committee to promote the development of drugs for rare diseases or conditions (orphan drugs). Requires the Director of the National Institutes of Health (NIH) to submit to the Committee an annual report on the rare disease and condition research activities of NIH. Requires the Committee to report by June 1 of each year to the appropriate congressional committees on its activities and the results of its evaluations, including the report submitted by NIH. Amends the Internal Revenue Code to allow a tax credit for qualified experimental expenses incurred while researching orphan drugs.
United States · United States Congress · 11 December 1981
International Sales Corporation Tax Act of 1981 - Amends the Internal Revenue Code to permit U.S. corporations or citizens to establish an International Sales Corporation (ISC). Exempts an ISC from taxation as a foreign corporation as long as it continues to qualify as an ISC. Provides that, for qualification as an ISC, a corporation must: (1) be incorporated under the laws of a foreign nation; (2) be incorporated in a nation where its income is subject to taxation; (3) not have more than one class of stock and the par or stated value of such stock is at least $2,500; (4) have four or fewer shareholders each of which owns at least 25 percent of its stock and is either a U.S. citizen or a domestic corporation (other than a personal holding company); (5) have a taxable year the same as any of its shareholders; (6) have 95 percent or more of its gross receipts in "qualified export receipts"; (7) have 95 percent or more of its assets in "qualified export assets"; and (8) make an election to be an ISC during the 90-day period immediately preceding the beginning of the taxable year. Grants an exception for failure to meet the "qualified export assets" and "qualified export receipts" requirements for reasonable cause under specified circumstances. Defines "qualified export receipts" as : (1) receipts from the sale, exchange, lease, or rental of export property to an unrelated person for use, consumption, or disposition outside the United States; (2) receipts from commissions, fees, or compensation from the performance of commercial, technical, engineering, and similar services on export property; and (3) interest on obligations that are qualified export assets. Defines "qualified export assets" as: (1) export property; (2) working capital related to export gross receipts; (3) facilities outside the United States for the storage, handling, transportation, or packaging of export property; and (4) certain evidences of indebtedness. Defines "export property" as property: (1) manufactured, produced, or grown in the United States by a related person; (2) held primarily for sale, lease, or rental by the ISC for disposition outside the United States; and (3) not more than 50 percent of its value is attributable to imported articles. Sets forth inter-company pricing rules in the case of a sale of export property to an ISC by a person subject to allocation of income rules. Provides an income tax deduction for dividends received from an International Sales Corporation. Denies the foreign tax credit for any foreign tax: (1) which is paid or accrued by an ISC; or (2) which is paid or accrued with respect to any distribution from a corporation during periods in which such corporation is an ISC. Repeals those provisions of the Internal Revenue Code relating to Domestic International Sales Corporations (DISC). Allows preferential tax treatment of the transfer of assets from a DISC to an ISC.
United States · United States Congress · 12 November 1981
Comprehensive Smoking Prevention Education Act of 1981 - Amends title XVII (Health Information and Health Promotion) of the Public Health Service Act to establish in the Department of Health and Human Services an Office of Smoking and Health to inform the public of the health hazards of cigarettes. Sets forth the Office's authority and duties, including conducting research and assisting educational programs directly or through grants. Establishes an Interagency Committee on Smoking and Health to be composed of representatives from the Departments of Labor and Education, the Federal Trade Commission, and any other Federal agency designated by the Secretary of Health and Human Services. Directs such Committee to meet at least four times a year and names the Director of the Office of Smoking and Health as it chairman. Directs the Secretary of Health and Human Services to report annually to the Congress. Amends the Federal Cigarette Labeling and Advertising Act to make it unlawful to advertise or export (repeals the existing export exemption) cigarettes without the required labeling. Changes labeling requirements. Directs the Federal Trade Commission (FTC) to establish cigarette labeling regulations as set forth by this Act. Eliminates certain congressional notification and reporting requirements. Increases the fine for violation of such Act from $10,000 to $100,000. Permits an individual civil action to be brought in U.S. district courts for violations of such Act. Requires such plaintiff to give 60-day notice to the FTC and the defendant. Permits intervention and consolidation. Allows the court to award attorneys fees and other costs.
United States · United States Congress · 12 November 1981
Grants the consent of Congress to Harbour Island, Incorporated, to construct two fix-span bridges over the Garrison Channel, Tampa, Florida. Requires such bridges to be approved by the Secretary of Transportation. Modifies a specified navigation project concerning Seddon Channel.
United States · United States Congress · 12 November 1981
Expresses the sense of the Congress that the President should: (1) continue to express U.S. opposition to the imprisonment of Mart Niklus; (2) urge the Soviet Union to permit Niklus to emigrate; and (3) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with such countries.
United States · United States Congress · 10 November 1981
Acid Precipitation Control Act of 1981 - Amends title I of the Clean Air Act (Air Pollution Prevention and Control) to establish a new program (Acid Precipitation Control) to: (1) regulate acid precipitation precursor emissions of sulfur dioxide and nitrogen oxide; and (2) reduce the transport of air pollutants across international boundaries. Establishes an "acid precipitation mitigation region" consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Requires States in the region to reduce, prior to December 31, 1991, sulfur dioxide emissions from all major stationary sources by an amount equal to 85 percent of the actual 1980 sulfur dioxide emissions from all major emitting powerplants (fossil-fuel-fired electric powerplants with specified emissions levels) within such States. Disregards, for purposes of determining such reduction, any emissions from a separate generating unit or units of such powerplants that are subject to new source performance standards. Sets forth formulas for determining the maximum required reduction for any State, based on annual Statewide utility sulfur dioxides emissions rates. Directs the Administrator to: (1) determine such rates within 60 days; (2) establish a reduction requirement for each State in the region within 90 days; and (3) notify each State of such requirement within 120 days. Requires that, within one year, each applicable State implementation plan be amended to contain enforceable measures for meeting the sulfur dioxide emissions reduction requirement by December 31, 1991. Permits States to substitute a reduction in nitrogen oxide emissions for a reduction in sulfur dioxide emissions, at a specified rate. Prohibits States, in meeting the requirement deadline, from including emissions reductions representing compliance with Federal emission standards other than those imposed under this Act by sources in operation before December 31, 1980. Permits for sources not in operation before such date, inclusion of emissions reductions in excess of those required under such other Federal standards. Directs the Administrator, to: (1) review State implementation plan amendments within 90 days of submission; (2) approve plan amendments that will insure that the emissions reduction requirement will be met by December 31, 1991; (3) revise plan amendments where necessary to meet the requirement deadline; (4) periodically review such plans; (5) take actions necessary to insure compliance with the requirement deadline; and (6) apply additional sanctions or limitations on emissions with respect to any major emitting powerplant, if necessary to insure such compliance.
United States · United States Congress · 29 October 1981
National Defense Port System Act of 1981 - Title I: Establishment of National System of User Fees for Deep-Draft Channels and Harbors - Directs the President to appoint a task force which shall make specific recommendations to the Secretary of the Treasury concerning the imposition of user fees on ports having deep-draft channels or harbors. Sets forth factors to be considered by the task force. Directs the Secretary to establish a nationally uniform system of user fees. Allows the Secretary to increase or decrease such user fees under certain circumstances. Requires such fees to be collected by the Customs Service. Establishes the Port System Trust Fund within the Treasury. Directs the Secretary to report annually to Congress on Trust Fund operations. Makes amounts in the Trust Fund available for: (1) navigation improvement projects; and (2) operation and maintenance of specified channels and harbors, including those in the Saint Lawrence Seaway, Great Lakes, or their connecting waters. Revises financing procedures of the Saint Lawrence Seaway Development Corporation. Terminates Corporation obligations outstanding on the effective date of this Act. Title II: Construction and Financing of Navigation Improvement Projects to Increase the Depth of Deep-Draft Channels and Harbors to More Than Forty-Five Feet - Directs the Secretary of the Army, acting through the Chief of Engineers, to expedite construction of approved navigation improvement projects if the appropriate State port authority enters into a specified agreement with the Secretary. Requires such port authority to reimburse the United States for 100 percent of construction, operation, and maintenance costs. Allows State port authorities to construct approved navigation improvement projects at their own expense and to finance such construction through the adoption of duties of tonnage. Grants the consent of Congress, subject to certain conditions, to the levying by the States of such duties of tonnage. Directs the Comptroller General to audit the operations of such State port authorities and to report to Congress thereon. Sets forth enforcement procedures concerning such duties of tonnage. Title III: Expedited Procedure for Approval of Navigation Improvement Projects and Related Landside Facilities Projects - Directs the Secretary to establish a project schedule for all agency decisions relating to navigation improvements and landside facilities projects. Authorizes the Secretary to modify the project schedule at any time. Describes procedures concerning judicial review of final agency decisions covered by a project schedule.
United States · United States Congress · 29 October 1981
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 · 27 October 1981
Amends the Tariff Schedules of the United States to permit the duty-free entry of materials certified by the National Aeronautics and Space Administration as intended to be launched into space or to be spare parts or necessary and uniquely associated support equipment for use in connection with such launches.
United States · United States Congress · 22 October 1981
Acid Rain Research Implementation Act of 1981 - Declares it to be the policy of the United States to strengthen specified research and development programs relating to acid precipitation pollution and to establish a process for cooperative decisionmaking on strategies to control such pollution. Directs the the Administrator of the Environmental Protection Agency ("the Administrator"), the Secretary of Agriculture, and the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to ensure that the comprehensive research plan prepared under the Acid Precipitation Act of 1980 satisfies such policy. Directs the Administrator of NOAA, as director of task force research under such Act, to provide the Administrator with a status report within 12 months of enactment of this Act and once every 24 months thereafter. Directs the Administrator, within specified periods, to: (1) determine whether new measures are necessary; (2) report, with recommendations to Congress; and (3) issue proposed rules requiring measures that may help prevent, limit, and remedy the harmful effects of acid precipitation. Directs the Administrator, in order to prepare such reports and proposed rules, to: (1) contract with the National Academy of Science for specified services; (2) work with the task force, State, local, and foreign governments, and private industrial, environmental, scientific, and international organizations in establishing and strengthening monitoring networks to determine the sources and effects of acid precipitation and other long-range pollutants; and (3) arrange, with such entities, for information exchange and cooperative data analysis to ensure that remedial measures may be planned and implemented cooperatively, with minimum social and economic dislocation and maximum environmental protection. Directs the Administrator, working within the plan and in cooperation with other programs, to: (1) ensure that adequate analysis and comparative consideration is given to institutional arrangements (including cost sharing and capital formation approaches that will minimize unforseen or inequitable economic impacts on particular regions or economic sectors) necessary to implement new measures specified in such reports; and (2) include in the task force's annual report a description of actions taken to ensure such analysis and consideration, as well as any recommendations for legislative or administrative action concerning such institutional arrangements. Directs the Administrator, in consultation with the Secretary of Agriculture and the Administrator of NOAA, to include in the annual task force report a statement concerning the adequacy of task force resources to carry out this Act.
United States · United States Congress · 22 October 1981
Acid Deposition Control Act - Amends title I (Air Pollution Prevention and Control) of the Clean Air Act to establish a new program entitled "Interstate Transport and Acid Precursor Reduction." Establishes an "acid deposition region" consisting of 31 States (east of or bordering the Mississippi River) and the District of Columbia. Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) study air pollution problems associated with long-range transport of pollutants in the portions of the continental United States not included in the acid deposition region; and (2) report the results to Congress within two years. Establishes an acid deposition regional target providing for a ten-year phased schedule of reductions to achieve an annual average emission level that is 10,000,000 tons of sulfur dioxide below the 1980 baseline level. Directs the Administrator, within six months, to compute and publish a target and a schedule for each affected State. Permits two or more States to agree to change their share of the sulfur dioxide emissions reduction ("reduction"). Requires that State reduction schedules begin within five years, be substantially complete within eight years, and reach the State target within ten years of enactment of this Act. Sets forth formulas for: (1) State reduction fractions (based on 1980 emissions from electric utility steam generating units); and (2) the 1980 baseline level for the region or any State within the region. Requires States within the region to prepare, publish, and submit to the Administrator, within two years of enactment of this Act, State programs of reduction in accordance with the State schedules. Directs the Administrator to approve State programs, within four months of submission, if such programs: (1) were adopted after public notice, opportunity for hearing, and submission to Governors of the other States in the region; and (2) contain enforceable reduction measures, including emission limitations, monitoring requirements, and compliance schedules. Requires State programs to include enforceable continuous emission reduction measures. Lists some measures that State programs may include. Permits a State or any person subject to State program requirements to substitute a reduction of twice as many units of oxides of nitrogen emissions for each unit of required reductions of sulfur dioxide emissions. Provides for an EPA alternative program if a State program: (1) has not been adopted by a State within two years; or (2) has not been approved by the Administrator within two years and four months. Requires, in such cases, that any owner or operator of an electric utility steam generating unit in such State submit, within three years of enactment of this Act, a unit plan and schedule for reductions. Requires unit plans and schedules only from units which: (1) are major stationary sources; (2) are not subject to new source performance standards; and (3) actually emitted, or were permitted to emit, sulfur dioxide during 1980 in excess of a specified rate. Requires that unit plans and schedules provide for a reduction to a specified rate of emissions, according to a phased schedule (beginning within five years, substantially complete within eight years, and finally complete within ten years of the enactment of this Act). Sets forth provisions for approval of unit plans and schedules. Provides that any unit for which a plan has not been submitted and approved must comply with the specified emission limitation within five years of the enactment of this Act. Directs the Administrator to establish a program of purchase and sale of emission reduction credits among stationary sources of sulfur dioxide in five emission reduction credit regions within the acid deposition region. Provides that specified requirements under this Act shall be treated as emission limitation requirements of applicable State implementation plans. Sets forth procedures for petitions for determination that programs or plans will not meet deadlines and for petitions for review of such determinations or denials.
United States · United States Congress · 22 October 1981
Amends title I (Air Pollution Prevention and Control) of the Clean Air Act to require States within an acid rain mitigation area to include control of acid deposition in their State implementation plans. (Defines "acid precipitation mitigation area" to mean the 31 States east of a line running south from the western borders of Minnesota, Iowa, Missouri, and Arkansas). Provides that, if a State fails to submit within one year of this Act's enactment a plan meeting acid precipitation mitigation requirements or if the Administrator of the Environmental Protection Agency does not approve such plan within one year and four months after such date, no plan shall be promulgated by the Administrator. Requires, in such cases, that specified electric utility steam generating units comply, within five years of this Act's enactment, with a specified emission limitation for sulfur dioxide. Requires that, for purposes of required provisions for revision of State plans, a one-year period after enactment expire before the Administrator may submit a notice of a determination of noncompliance with acid deposition mitigation requirements or treat any plan as not complying with such requirements. Provides for a new program of Mitigation of Acid Precipitation to establish sulfur dioxide emission limitations applicable to certain large stationary sources in the acid rain mitigation area in order to: (1) prevent any net increase of such emissions in the area; and (2) attain a substantial and reasonably achievable reduction in such emissions from the area. Directs the Administrator to publish in the Federal Register, within 90 days of this Act's enactment, lists of electric utility steam generating units in the area not subject to new stationary source performance standards, identifying: (1) the 50 units with the highest annual sulfur dioxide emissions for 1980; and (2) all other such units with a generating capacity of more than 100 megawatts. Requires that applicable State implementation plans establish statewide programs for net reduction of sulfur dioxide emissions from such units. Sets forth statewide program schedule requirements: (1) for any of the 50 units to attain in three three-year periods before 1990; and (2) for any of the other units to attain in two three-year periods before 1990. Directs the Administrator to publish baseline levels, for any of the 50 units, from which such emissions reductions schedules can be determined according to a specified formula. Permits achievement of required total emission reductions by application of enforceable emission reduction techniques to any of such units or to any other sources of sulfur dioxide in the acid rain mitigation area. Specifies some permissible emission reduction techniques. Requires continuous emissions monitoring and publication of resultant data by applicable sources. Requires assurances that States will have adequate personnel, funding, and authority to carry out required plan provisions. Provides that emissions limitations or other requirements under the acid precipitation mitigation program shall apply only if they are more stringent than the requirements they replace. Directs the Administrator to establish an emission reduction credit program for the specified stationary source units in the acid rain mitigation area, as divided into five emission reduction credit regions. Sets forth formulas and procedures for compliance with emission limitations through purchase or exchange of such credits within such regions.
United States · United States Congress · 21 October 1981
Commitment to the Clean Air Act resolution of the Ninety-seventh Congress - Expresses the sense of the House of Representatives that: (1) clean air is fundamentally important for the health and well-being of the citizens, economy, and environment of the United States; and (2) the existing Clean Air Act should be maintained and strengthened subject only to changes that will improve its administration and effectiveness.
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 · 15 October 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to an incarcerated felon during any month of confinement. Treats the benefits withheld as having been paid to the felon for purposes of the payment of benefits to other persons so entitled on the basis of the wages and self-employment income of the felon.
United States · United States Congress · 7 October 1981
Declares that, after the date of the enactment of this Act, State law shall apply to the enforcement of any due-on-sale clause, or any other similar provision, contained in: (1) any mortgage which secures sums borrowed from a national bank; or (2) any promissory note which serves as evidence of sums borrowed from a national bank.
United States · United States Congress · 6 October 1981
Amends the Bail Reform Act of 1966 to authorize a judicial officer when making a pretrial release determination to consider whether a person charged with possession or transfer of a controlled substance will pose a danger to any other person or the community. Requires the judicial officer to hold a hearing for such persons to determine whether surety resources have been obtained by noncriminal means.
United States · United States Congress · 5 October 1981
Amends the Internal Revenue Code to repeal the requirement, with respect to liquidation plans adopted after December 31, 1981, that a corporation inventorying goods under the last-in, first-out (LIFO) method of accounting treat the LIFO recapture amount with respect to distributed inventory assets as ordinary income.
United States · United States Congress · 29 September 1981
Amends the Internal Revenue Code to exempt from the 30 percent tax on the income of nonresident alien individuals and foreign corporations any interest received from certain portfolio debt investments. Makes such exemptions inapplicable upon a determination by the Secretary of the Treasury that the exchange of information between the United States and a foreign country is inadequate to prevent income tax evasion. Excludes from the gross estate of a nonresident alien for purposes of the estate tax, any interest eligible for the income tax exemption under this Act.
United States · United States Congress · 23 September 1981
Amends the Tariff Schedules of the United States to revise the tariff treatment of various articles. Excludes from the tariff on canned tuna any tuna produced by insular possessions. Reduces and sets a schedule for further reducing the duty on ceramic insulators used in spark plugs for internal combustion engines. Repeals the temporary reduction of the duty on ceramic insulators having a specified alumina oxide content and used in spark plugs. Schedules reductions in the duty on chipper knife steel between 1982 and 1986. Repeals the temporary tariff reduction on such steel. Makes permanent the duty-free treatment of Yankee dryer cylinders. Exempts from duty aircraft components and materials contained in an aircraft which was: (1) previously exported from the United States; (2) composed, at the time of its exportation, of components and materials made and installed in the United States; (3) returned to the United States without having been improved; and (4) entered for use in the United States before 1970. Extends duty-free treatment to pipe organ parts and ceramic toy tea sets. Increases the value limitations for duty-free importations of articles: (1) accompanying a U.S. resident returning from a country other than a U.S. possession; and (2) whether or not accompanying a person coming directly or indirectly from a U.S. possession. Amends the Tariff Act of 1930 to increase the value limitations for duty-free importations of gifts from U.S. possessions and from other countries. Amends the Tariff Schedules of the United States to exempt importers of prayer shawls and religious headwear from the prohibition against commercial enterprises importing religious articles. Extends duty-free treatment to prayer shawls, bags for the shawls, and religious headwear. Increases the value limitations of informal entries of imported merchandise. Suspends the duty on: (1) carob flour until December 31, 1984; (2) 4-chloro-3-methylphenol until June 30, 1984; and (3) tartaric acid and certain tartaric chemicals until June 30, 1984; and (4) certain freight containers until December 31, 1986. Makes the suspension of duty on the tartaric acid and chemicals retroactive to June 30, 1980, if such treatment is requested within a specified time. Extends the suspension of duty on: (1) wood excelsior until June 30, 1983; and (2) doxorubicin hydrochloride until June 29, 1988. Extends duty free treatment to copper waste and scrap and copper articles if the market price of copper is 51 cents per pound or more. Extends duty-free treatment to certain other metal waste and scrap. Sets forth the method of determining the market price of copper.
United States · United States Congress · 22 September 1981
Excise Tax Payments Reform Act of 1981 - Amends the Internal Revenue Code to require the collection of excise taxes imposed on the following items by means of a return filed according to uniform periods: (1) trucks and buses; (2) tires and tubes; (3) coal; (4) certain sporting goods; (5) firearms; (6) distilled spirits, wines, and beer; and (7) cigars, cigarettes and cigarette papers and tubes. Specifies that no deposit of tax shall be required before the last day for filing such a return.
United States · United States Congress · 16 September 1981
Amends the Controlled Substances Act to establish in the Department of Health and Human Services the Office for the Supply of Internationally Controlled Drugs, to be responsible for regulating the domestic production of marihuana and the distribution of marihuana for medical, scientific, and research purposes. Establishes procedures for the production of medicinal marihuana. Permits the distribution of medicinal marihuana only to hospitals and pharmacies registered to dispense schedule II controlled substances for the purposes of treating glaucoma or the nausea of cancer patients or research approved under the Federal Food, Drug, and Cosmetic Act.
United States · United States Congress · 9 September 1981
Amends the Federal Property and Administrative Services Act of 1949 to direct the Administrator of the General Services Administration, upon recommendation of the Attorney General, to donate surplus Federal property to any State or municipality for the construction and modernization of criminal justice facilities, including correctional facilities.
![Official portrait of Rep. Gibbons, Sam [D-FL-11]](https://www.congress.gov/img/member/g000153_200.jpg)