United States · United States Congress · 17 March 1981
Debt Collection Improvement Act of 1981 - Title I: Information Practices: Use of Consumer Reporting Agencies - Amends the Privacy Act of 1974 to permit a Federal agency to disclose records pertaining to an individual to a consumer reporting agency. Authorizes a Federal agency attempting to collect a claim under the Federal Claims Collection Act of 1966 to notify a consumer reporting agency that a person is responsible for a claim if: (1) the agency has sent a written notice informing the person that a consumer reporting agency will be contacted, describing the information to be disclosed, and explaining the person's right to dispute the agency's claim; (2) the person has not agreed to repay the claim or filed for review of the claim; (3) the agency has reviewed the claim, if requested; and (4) the agency has obtained assurances that the consumer reporting agency complies with Federal laws governing the provision of consumer credit information. Requires the Director of the Office of Management and Budget to establish regulations requiring each agency with outstanding debts to submit annual reports on the amount and number of such debts, the interest charged on such debts, the cost to the agency of collecting debts, and other information on the agency's debt collection activities. Requires the Director to report annually to Congress on the management of agency debt collection activities. Title II: Collection Practices for Defaulted Student Loans - Amends the Higher Education Act of 1954 to require the Secretary of Education to analyze, quarterly, the collection status of defaulted Federal, federally-guaranteed, and federally-insured student loans. Directs the Secretary: (1) to notify the borrower of a defaulted loan of the consequences of not repaying the loan; (2) to attempt to enter into a repayment agreement with the borrower; and (3) if such attempt is not successful within 180 days of the loan becoming defaulted, to engage a nonprofit collection agency to service the loan. Directs the Secretary to refer any loan which is not under a repayment agreement within one year after being placed with a collection agency, to: (1) the Attorney General if the projected outstanding balance exceeds $600; or (2) the Secretary of the Treasury for collection. Requires the Attorney General to establish procedures for the efficient collection of such loans. Amends the Internal Revenue Code of 1954 to require any borrower of a defaulted loan referred to the Secretary of the Treasury to pay the amount owed: (1) with income tax imposed for the year of the referral; or (2) by other methods prescribed by the Secretary of the Treasury. Grants the Secretary of the Treasury the same powers to assess and collect such defaulted loans as if such amounts were imposed income taxes, the collection of which would be jeopardized by delay. Exempts any such collection or assessment from review by a Federal court. Directs the Comptroller General to analyze the systems for collecting student loans established under this Act, and to submit to Congress recommendations for the application of these systems to the collection of other loans made, insured, or guaranteed by the Government. Title III: Collection of Child-Support Obligations - Directs the Secretary of Health and Human Services to certify the amount of child support obligations assigned to a State for collection by the Secretary of the Treasury without regard to whether a State agrees to reimburse the United States for collection costs. Shortens the period that collection of such an obligation is stayed after service of the notice and demand for payment in the case of the first delinquency assessment against an individual. Title VI: Higher Interest Charges During Periods of Default for All Federal Loan Programs - Requires each agency which administers a program providing direct Federal loans to include in any such loan a provision stating that the interest rate on the loan for each month during which the loan is in default may be increased to a rate equal to the Federal borrowing cost. Directs the Secretary of the Treasury to promulgate regulations for the uniform implementation of this title. Title V: Other Provisions Relating to the Collection of Federal Claims - Amends the Internal Revenue Code of 1954 to direct the Secretary of the Treasury, by January 15 of each year, to notify any person owing a debt (excluding student loans) to a Federal agency for the preceding year of the amount and method of payment of such debt. Requires such person to pay the debt with his or her income taxes or as prescribed by the Secretary. Grants the Secretary the same powers to assess and collect such debts as if such amounts were imposed income taxes, the collection of which would be jeopardized by delay. Permits the head of an agency to garnish an employee's wages to pay any debt owed to the United States because of an erroneous payment to the individual by another agency. Declares that the statute of limitations for actions brought by the United States for money damages shall not bar the Government from collecting money payable to an individual by administrative offset if the individual is provided with an opportunity for an administrative hearing subject to judicial review. Authorizes the Secretary to disclose a taxpayer's address to an agency or an agency contractor engaged in a proceeding to collect a Federal claim. Permits such agency or contractor to redisclose such information. Authorizes appropriations for the employment in the Internal Revenue Service of sufficient personnel to collect all Federal tax liabilities.
United States · United States Congress · 11 March 1981
Withdraws certain lands in Mono County, California, from settlement, sale, location, or entry to protect the watershed supplying water to the city of Los Angeles. Rescinds such withdrawal for certain other lands in the county.
United States · United States Congress · 11 March 1981
Amends the Legislative Reorganization Act of 1970 to require House of Representatives committee reports on proposed legislation of a public character to contain statements estimating the reporting and recordkeeping requirements imposed on individuals, private industry, and State and local governments as a result of the enactment of such legislation. Prohibits the House of Representatives from considering any legislation reported in the House unless it contains such a statement. Declares that the requirements of this Act shall be considered as part of the rules of the House.
United States · United States Congress · 10 March 1981
Diversity Jurisdiction Reform Act of 1981 - Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts, but retains as a basis of jurisdiction "alienage," involving foreign states or citizens of foreign states. Increases the amount in controversy requirement in such cases from $10,000 to $25,000. Retains as a basis for Federal jurisdiction statutory interpleader, which includes actions between citizens of different States. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated.
United States · United States Congress · 9 March 1981
Food Stamp Reform Act of 1981 - Amends the Food Stamp Act of 1977 to make individuals 19 years of age or over, with countable income and participating in the food stamp program as a member of an eligible household, liable for any benefits received in excess of an exempt amount. Sets forth the method of determining such amount and such liability. Requires the liability to be paid as if it were a personal income tax imposed by the Internal Revenue Code. Directs State agencies administering the food stamp program to notify such individuals before February 1 of each calendar year of the amount of coupons allotted to them and to notify the Secretary of the Treasury before March 1 of such amounts and the names and addresses of such individuals. Authorizes the Secretary of Agriculture to transfer sufficient appropriated funds to the Secretary of the Treasury to provide for the collection of assessed funds to the Secretary of the Treasury to provide for the collection of assessed liabilities. Provides for the distribution of such collected amounts to State administrative agencies. Makes technical and conforming amendments to the Food Stamp Act of 1977 and the Internal Revenue Code of 1954 consistent with provisions of this Act.
United States · United States Congress · 9 March 1981
Amends the Foreign Assistance Act of 1961 to repeal the prohibition against using funds authorized for international narcotics control to pay for herbicides to eradicate marihuana. Makes narcotics control funds appropriated before enactment of this Act available to pay for such herbicides. Removes specified limitations on the uses of narcotics control funds obligated for Colombia and appropriated for fiscal year 1980.
United States · United States Congress · 9 March 1981
Federal Lending Oversight and Control Act - Declares that the purpose of this Act is to provide a statutory basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Title I: Reports Regarding Federal Credit Activity - Requires the Secretary of the Treasury, not later than February 1 and August 1 of each year, in consultation with the Council of Economic Advisors, to transmit a report to both Houses of Congress regarding Federal credit activity during the previous six month period. Requires each such report to examine the relationship between Federal credit activity during the previous six-month period and: (1) the condition of the economy; (2) the availability and cost of credit in the private sector; and (3) the exercise of monetary and fiscal policy by the Federal Government. Amends the Federal Reserve Act to direct the Board of Governors of the Federal Reserve System, in their biannual reports to Congress concerning recent developments affecting economic trends in the Nation, to examine the effects of Federal credit activity on the availability and cost of credit in the private sector and on the exercise of monetary policy by the Board and the Federal Open Market Committee. Amends the Budget and Accounting Act of 1921 to require the President, in his annual budget statement to the Congress, to include all essential facts regarding direct lending by the Government and guarantees by the Government of the repayment of indebtedness incurred by another person or government. Title II: Changes in Congressional Budget Procedures - Amends the Congressional Budget Act of 1974 to require the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committee in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimate allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts. Title III: Amendments to House Rules - Amends rule X of the Rules of the House of Representatives to require each standing committee (other than the Committee on Appropriations and the Committee on the Budget) to review and make appropriate recommendations with respect to the consistency and uniformity of the different definitions, default provisions, policies, interest rates, and other terms and conditions relating to direct loan, loan insurance, and loan guarantee activities included in any laws of which the subject matter is within the jurisdiction of that committee. Title IV: Construction and Effective Dates - Sets forth the effective dates of the titles of this Act.
United States · United States Congress · 4 March 1981
Establishes a presumption of service-connected disability caused by exposure to a phenoxy herbicide (Agent Orange) for veterans who served in Southeast Asia during the Vietnam era. Waives the one-year limitation on claims for compensation for such disabilities.
United States · United States Congress · 4 March 1981
Committee Improvement Amendments of 1981 - Amends the Rules of the House of Representatives to require each standing committee, not later than 60 days after the Congress convenes, to submit an oversight agenda to the Committee on Government Operations. Directs such committee to hold hearings at which the chairman and ranking minority member of each standing committee shall testify on the oversight accomplishments of the preceding Congress and the proposed oversight agenda for the new Congress. Requires the Committee on Government Operations, not later than 90 days after the Congress convenes, to report to the House an oversight agenda resolution which incorporates such agendas of all standing committees, and additional recommendations of the committee. Directs the House to complete action on such resolution not later than 90 days after the Congress convenes, to report to the House an oversight agenda resolution which incorporates such agendas of all standing committees, and additional recommendations of the committee. Directs the House to complete action on such resolution not later than 180 days after the Congress convenes. Directs the Speaker of the House to initially refer each bill, resolution, or other matter to one committee of principal jurisdiction. Eliminates the authority of the Speaker to refer any such matter to two or more committees for concurrent consideration. Requires the membership of each committee, select committee, and conference committee (and each subcommittee, task force, or subunit thereof) to reflect the ratio of majority to minority Members. Provides that such ratio be reflected for standing committees at the beginning of each Congress, and for select and conference committees at the time of appointment. Prohibits any standing committee to establish more than six subcommittees, and any Member to serve at any one time on more than four subcommittees. Defines subcommittee as any subunit of a standing committee established for a period of more than six months. Prohibits the vote by any member of any committee or subcommittee to be cast by proxy. Provides that a majority of members of each committee or subcommittee shall constitute a quorum for the transaction of any business. Prohibits the House to consider any primary expense resolution until the Committee on House Administration has reported and the House has adopted a resolution establishing committee staff personnel ceilings for that year. Requires such committee to specify in any primary or supplemental expense resolution the number of staff positions authorized therein. Authorizes the House to consider any supplemental expense resolution in excess of such ceiling by a vote of two-thirds of the Members present.
United States · United States Congress · 4 March 1981
Limits the aggregate amount of all expense resolution authorization levels for the committees of the House of Representatives for the first session of the 97th Congress to no more than 90 percent of the aggregate expenditure levels of such committees for the second session of the 96th Congress.
United States · United States Congress · 2 March 1981
Amends the Internal Revenue Code to require the Internal Revenue Service to send a notification of responsibility for Federal income taxes in lieu of tax return forms to individuals electing not to receive such forms.
United States · United States Congress · 25 February 1981
Amends the Immigration and Nationality Act to extend from April 1, 1981, to October 1, 1982, the period for payment of (refugee) child welfare services and cash and medical assistance for certain refugees.
United States · United States Congress · 25 February 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase to $24,000 in 1981 the amount of outside earnings which a beneficiary age 65 or over may have without a reduction of benefits.
United States · United States Congress · 25 February 1981
Amends the Impoundment Control Act of 1974 to require Congress, within 45 days after the President notifies Congress of his intention to rescind appropriated budget authority, to pass a resolution disapproving such rescission in order to make such budget authority available for obligation.
United States · United States Congress · 25 February 1981
Expresses the sense of Congress that the Secretary of the Army should construct and place in Arlington National Cemetery a plaque honoring members of the United States Armed Forces who died attempting to rescue the American hostages in Iran.
United States · United States Congress · 24 February 1981
Immigration and Nationality Act Amendments of 1981 - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" an alien (and accompanying spouse and children) having a foreign residence (with no intention of abandoning such residence) coming to the United States temporarily to study full-time at a vocational, language, or other nonacademic institution approved by the Attorney General. Provides that such vocational-nonacademic student category shall become effective six months after enactment of this Act. Redefines the definition of "child" to include: (1) a child adopted before the age of 16; and (2) an orphan under the age of 16. Excludes adultery from the determination of good moral character for the purposes of such Act. Limits the existing drug-related provision relating to good moral character to "trafficking in narcotics." Provides that aliens seeking admission within five years of the date of their deportation or removal shall be ineligible for admission into the United States (presently no time limit on excludability). Eliminates certain reporting requirements imposed on the Attorney General regarding his/her discretionary waiver of excludability. Includes drug offenses among the categories of excludability that may be waived in the case of alien children, spouses, or parents of U.S. citizens or permanent residents seeking admission as immigrants. Eliminates a medical specialty certificate from the American Board of Medical Specialities as an admission requirement for an alien graduate of a foreign medical school practicing in the United States as of January 9, 1978. Provides that such an alien's stay shall be the time normally required to complete a designated course of medical study (presently two years with a one year extension). Stipulates that such period shall not exceed seven years unless the alien's country has an exceptional need for such specialty training. Permits such an alien to change his/her designated course of medical study upon approval of the Director of the International Communication Agency once within two years after entry or acquisition of exchange visitor status (presently must continue course of education under which admitted to the United States). Amends waiver of standards provisions regarding such training programs to: (1) require a training program to have a comprehensive plan to reduce its reliance on alien physicians to qualify for such a waiver; and (2) extend such waiver authority from December 31, 1981, to December 31,1983. Directs the Secretary of Health and Human Services, in coordination with the Attorney General and the Secretary of State, to report to the Congress at the beginning of fiscal years 1982, 1983, and 1984 regarding the distribution (geography, nationality, and specialty) of those aliens who have entered the United States under such waiver. Includes within the definition of "special immigrant" certain alien physicians (and families) practicing medicine in a State as of January 9, 1978, who: (1) entered the United States before January 1, 1974; or (2) entered the United States between January 1, 1974, and January 10, 1977, and practiced in a physician shortage area for at least 48 months. Authorizes the Attorney General to suspend deportation (and adjust status to that of a permanent resident) of an alien physician (and family) currently working or intending to work in a physician shortage area. Directs the Secretary of Health and Human Services, after consultation with the Attorney General, the Secretary of State, and the Director of the International Communication Agency, to report to Congress by January 15, 1983, concerning the value of medical exchange programs. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year nonrenewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportion shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory;(3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien; and (4) require such transportation lines to deposit a bond to cover any fine or disputed fine relating to deportation with a district director of customs (presently with a customs collector). Makes the existing mandatory waiver of fraudulent entry deportation provisions regarding alien spouses, children, or parents of United States citizens or permanent residents discretionary. Permits nontrafficking drug offenses to be waived for such persons. Provides that such deportation waiver shall also operate with regard to improper entry documents resulting from such fraud. Provides, with regard to such cancelled deportation proceedings, that the reduction of available immigrant visas shall come from the overall permanent or conditional entry visa allotment rather than from the nonpreference immigrant allotment. Permits certain nonimmigrant exchange aliens to have deportation proceedings suspended and have their status adjusted to permanent resident. Revises the category of nonimmigrant aliens who cannot have their nonimmigrant classification changed to another nonimmigrant classification without first applying to the Attorney General for such change. Repeals alien change of address requirements concerning: (1) yearly current address notification; and (2) three-month notification of current address by temporary residents. Provides with regard to the smuggling of aliens into the United States that: (1) any conveyance, including vessels, vehicles, or aircraft used for such purposes (excluding common carriers not consenting to such act and stolen conveyances), shall be subject to seizure and forfeiture; (2) any conveyance may be seized without warrant if probable cause exists and circumstances exist where a warrant is not constitutionally required; (3) specified customs laws shall apply to such seizures; (4) the Attorney General may retain for official use, sell, or require the General Services Administration to take custody of, any forfeited conveyance; and (5) in all forfeiture suits where the conveyance is claimed by any person the burden of proof shall be on such person, provided that probable cause for such forfeiture shall first be shown by the Government. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition. Repeals the provisions requiring: (1) witnesses to be present at a final naturalization hearing; and (2) a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a State naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year. Prohibits an alien diplomat from having his/her status adjusted to that of a permanent resident unless such alien has shown compelling reasons that: (1) he/she is unable to return to the country of accreditation; and (2) the adjustment would be in the national interest. Authorizes the Attorney General to waive certain technical immigrant visa defects which are not the fault of the alien involved. Includes individuals who participated in Nazi-related World War II persecutions within the category of excludable aliens which the Attorney General may not allow to depart voluntarily in lieu of a deportation proceeding. Prohibits the Attorney General from suspending the deportation and adjusting the status (to that of a lawful permanent resident) of such individuals. Requires no specified period of residence within the jurisdiction of a naturalization court for the adopted child of certain U.S. parents not currently residing in the United States. Exempts alien investors from immigrant visa numerical limitations if as of June 1, 1978, they: (1) had applied for status adjustment; (2) were qualified as nonpreference immigrants; and (3) were exempt from labor certifications because of their actual investment and managerial role in a U.S. business.
United States · United States Congress · 24 February 1981
Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to waive specified requirements for the use of title I special educational needs funds by local educational agencies participating in experimental programs designed to consolidate State categorical educational programs. Permits such waiver for any one of fiscal years 1982 through 1985, with possible renewal for an additional one-year period, of requirements that: (1) such Federal funds be used to supplement, not supplant, non-Federal funds for regular and certain special State and local programs; and (2) agencies receiving Federal assistance maintain, through use of non- Federal funds, services comparable to those provided by unassisted agencies. Prohibits the Secretary's approval of a waiver application unless it contains the following assurances plus an assurance that not more than 15 percent of the State's educationally deprived children shall be served under the experimental program. Requires an assurance, in the case of any waiver which enables local educational agencies to consolidate the administration and operation of programs for educationally deprived children and special education programs for handicapped children and for children with limited English-speaking ability, that the educationally deprived children in project areas will be provided with educational programs and services which are comparable to those such children would otherwise receive and that certain Federal funds shall be used to provide programs and services only to eligible children. Requires an assurance, in the case of any waiver which permits local educational agencies to transfer State and local funds among the special educational programs described above and programs for educationally deprived children, that the educationally deprived children shall receive the same level of Federal funds as they would receive in the absence of such waiver and that an accurate accounting of such funds is ensured. Requires an assurance, in the case of any waiver permitting local educational agencies to distribute State and local funds for the programs under this title to project areas and other school attendance areas, that the educationally deprived children at elementary and secondary schools in project areas receive a level of State and local funds not less than, and services from such funds comparable to, the level of such funds and the services from such funds received by elementary and secondary school children in other school attendance areas. Permits a waiver which enables local educational agencies to use funds available for programs under this title to improve educational programs for eligible children who have not met the requirements for grade promotion or for receipt of a high school diploma or to provide educational services to eligible children when required by applicable law or court order.
United States · United States Congress · 24 February 1981
Requires the Federal Government and persons conducting federally assisted programs, projects, and activities to pay interest to business concerns for overdue sales and lease agreement payments not made by the thirtieth day after the bill for such payment is received. Specifies the procedure for computing such interest. Stipulates that overdue payments for meat, groceries, and perishables shall be determined in accordance with terms commonly offered meat, grocery, and perishable industries. Entitles the Government and such persons to early payment discounts only if payments are made within the prescribed periods.
United States · United States Congress · 23 February 1981
Balanced Budget and Deficit Control Act of 1981 - Amends the Congressional Budget and Impoundment Control Act of 1974 to make a Congressional declaration that it is essential to provide for a balanced Federal budget. Amends the Congressional Budget Act of 1974 to require that the first concurrent resolution on the budget, on which Congress must complete action on or before May 15 of each year, provide a balanced budget for such year and for the succeeding fiscal year. Specifies that if changes in laws, bills, or resolutions are necessary in connection with any such concurrent resolution on the budget in order to assure that there is no deficit in the budget for either of the fiscal years to which such concurrent resolution relates, such concurrent resolution shall appropriately direct the legislative committees involved to determine and recommend such changes. Makes it out of order in either the House of Representatives or the Senate to consider or adopt any concurrent resolution on the budget, to consider or adopt any amendment to such a concurrent resolution, or to adopt a conference report on such concurrent resolution, if at the time of such consideration or adoption the level of total budget outlays which is set forth in such concurrent resolution for either of the two fiscal years to which it relates exceeds the recommended level of Federal revenues for that year. Permits the suspension of such provisions: (1) upon a Presidential request, approved by Congress; (2) upon a recommendation by the Budget Committee of either the House or the Senate and approval of the Congress; and (3) with respect to any fiscal year in which the United States is at war pursuant to a declaration of war by the Congress. Permits revisions of the first concurrent resolution on the budget at any time after it has been agreed to pursuant to such Act before the end of the first fiscal year to which such resolution relates. Requires such revision to meet the same balanced budget requirements as the original concurrent resolution and provide for the same suspension of such requirements. Requires the second concurrent resolution on the budget to be for the fiscal year beginning on October 1 of such year and the succeeding fiscal year. Makes it out of order in either the House or the Senate to receive or consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays contained in the bill or resolution as reported, or would reduce any specific Federal revenues below the level of such revenues as reported, unless it includes or is accompanied by an amendment which assures that total budget outlays are not increased and that total Federal revenues are not reduced by making an equivalent reduction in other specific budget outlays or an equivalent increase in other specific Federal revenues. Makes it out of order in either the House or the Senate, at any time after the Congress has completed action on the first concurrent resolution on the budget, and if a reconciliation bill or resolution is required to be reported in connection with such resolution after that bill has been enacted into law or such resolution has been agreed to, to consider any bill or resolution or amendment which provides for budget outlays, new budget authority in excess of the appropriated allocation, or new spending authority. Amends the Congressional Budget and Impoundment Control Act of 1974 to state that any references to "a fiscal year" or "the fiscal year" with respect to a concurrent resolution on the budget shall be treated as references made separately to each of the two fiscal years to which such concurrent resolution relates. Amends the Congressional Budget Act of 1974 to require each committee required by such Act to report on a concurrent resolution on the budget to make such report within ten legislative days after the concurrent resolution is agreed to. Amends the Budget and Accounting Act, 1921, to require the President, from time to time during the fiscal year, to ensure that the budget complies with the requirements of the Congressional Budget and Impoundment Control Act of 1974. Requires such budget to be balanced, but permits the President to recommend alternative balanced budgets with outlays and revenues at higher or lower levels to take account of possible changes in economic conditions or other circumstances. Requires such budget transmitted by the President to be accompanied by a projected budget for the succeeding fiscal year. Permits a suspension of such requirements upon a Presidential request or if the United States is at war pursuant to a declaration of war by Congress. Requires the Director of the Office of Management and Budget, with respect to any fiscal year beginning on or after October 1, 1983, to analyze the level of Federal revenues and budget outlays during the fiscal quarter beginning October 1 and ending December 31 in that year for the purpose of determining the levels of total revenues and budget outlays which may be anticipated for such fiscal year and whether such revenues will be sufficient to equal or exceed such outlays. Requires the Director to report to the President and Congress not later than January 3 if he determines that such revenues will not be sufficient to equal or exceed such outlays and to identify the amount of any such insufficiency and the percentage of total controllable expenditures which such insufficiency represents. Requires the President, upon receipt of such a report, to issue an order sequestering such amounts of budget authority as are necessary to reduce each such controllable expenditure by that percentage and to transmit to Congress a message identifying: (1) the total amount of budget authority which is to be sequestered; (2) the annuity budget authority which is to be sequestered with respect to each such controllable expenditure in order to reduce it by the required percentage; and (3) the account, department, or establishment from which each amount of budget authority is available for obligation and the specific project or governmental functions involved. Makes such an order effective from and after the date of its issuance except to the extent revised or abrogated by the Congress pursuant to this Act. Sets forth the procedure to be followed by Congress in reviewing such an order. Permits the Budget Committee of the House or the Senate, at any time after the promulgation of such an order, to report a concurrent resolution suspending, in whole or in part, the operation of such order. Defines the term "controllable expenditures" as expenditures which may be reduced without breaching any obligation, contractual or otherwise, of the United States to make payments. Requires the Congressional Budget Office to submit to the House and Senate Budget Committee recommendations concerning further refinement in the definition and identification of controllable expenditures.
United States · United States Congress · 19 February 1981
Amends the Internal Revenue Code to exempt from the windfall profit tax an amount of crude oil equal to the amount of residual fuel oil used in the production of otherwise taxable crude oil. Defines "residual fuel oil."
United States · United States Congress · 18 February 1981
Education Reorganization Act of 1981 - Title I: Establishment of the Department - Establishes an Executive department to be known as the Department of Health, Education, and Welfare (HEW), to be administered by a Secretary, appointed by the President with the advice and consent of the Senate. Sets forth provisions for the principal officers of such Department. Title II: Transfer of Agencies and Functions - Transfers to the Secretary all functions of the Secretary of Health and Human Services. Transfers to the Department all offices of the Department of Health and Human Services. Transfers to the Secretary and to the Department all functions and all offices of the Secretary of Education and of the Department of Education, except for specified functions and offices relating to the operation of overseas schools for military dependents, which are transferred to the Secretary of Defense and the Department of Defense. Title III: Administrative Provisions - Authorizes the Secretary to: (1) appoint offices and employees to carry out the functions of the Secretary and the Department; and (2) obtain, as provided in appropriation Acts, the services of experts and consultants. Directs the Secretary, by the end of the first fiscal year beginning after the enactment of this Act, to submit to the President and the Congress legislative recommendations for redesignating or replacing HEW programs so that such programs can be administered by fewer personnel. Requires that the sum of the number of full-time permanent positions that perform functions to be transferred to the Department by this Act, plus the full-time equivalent of the number of experts and consultants hired, be reduced by one thousand by the end of the second such fiscal year and not increased thereafter. Sets forth general administrative provisions for the Department, including those relating to general authority, delegation, reorganization, rules, contracts, regional and field offices, acquisitions and maintenance of authority, facilities at remote locations, use of facilities, copyrights and patents, gifts and bequests, technical advice, working capital fund, funds transfer, seal of department, and annual report. Authorizes appropriations for the Department for fiscal year 1982 and succeeding fiscal years. Title IV: Transitional, Savings, and Conforming Provisions - Sets forth provisions relating to the transfer and allocation of appropriations and personnel, the effect on personnel, agency terminations, and incidental transfers. Sets forth: (1) savings provisions; (2) provisions for separability; (3) conforming references, amendments, and redesignations; and (4) transition provisions. Title V: Effective Date and Interim Appointments - Sets forth the effective date for the provisions of this Act. Provides for interim appointments under specified conditions.
United States · United States Congress · 17 February 1981
Amends the Agricultural Adjustment Act to subject imported grapes to the same regulations as to grade, size, quality, or maturity as table grapes which are subject to a marketing order.
United States · United States Congress · 6 February 1981
Authorizes the Secretary of Defense to provide Federal drug enforcement officials with any information, equipment, facilities, training personnel, or advisors which may be helpful to enforcing Federal laws relating to the use of controlled substances. Permits drug officials to provide training and advice to members of the armed forces on the identification of drug traffickers and any other matter related to controlled substances.
United States · United States Congress · 5 February 1981
Administrative Rulemaking Reform Act - Directs a Federal agency preparing to hold a rulemaking session to make a reasonable effort to inform those likely to be affected by the proposed rulemaking. Requires the notice of rulemaking to include: (1) the projected effective date of the rules; (2) the purpose of the rulemaking; (3) the text of the proposed rules; and (4) the studies on which the agency intends to rely in the rulemaking proceedings. Requires public notice and public opportunity for comment on all rulemaking proceedings unless the agency finds that proposed rules are emergency rules or are of routine or insignificant impact. Requires Federal agencies to give interested persons at least 45 days to participate in the rulemaking. Provides for agency hearings to receive oral comments, and procedures to resolve significant controversies over factual issues. Requires each agency to maintain a public file of all relevant material and required statements for each rulemaking. Prohibits adoption of a proposed rule that has been revised substantially unless interested persons are provided an opportunity to comment on such revisions. Sets forth an expedited rulemaking procedure for rules to replace emergency rules. Directs each agency to submit a copy of each promulgated rule to each House of Congress. Declares that no rule, excluding an emergency rule, shall become effective if: (1) both Houses of Congress adopt a concurrent resolution disapproving it within 90 days of continuous session of Congress; or (2) one House adopts such a resolution within 60 such days and the other House does not disapprove such resolution within 30 days thereafter. Authorizes either House to adopt a resolution directing an agency to reconsider and repromulgate a newly promulgated rule or an existing rule within a specified period. Provides that if such agency fails to act such rule shall lapse. Directs the Administrative Conference of the United States to study and report on the effects on rulemaking of the Congressional review provisions of this Act. Authorizes appropriations for such study. Directs a court reviewing an agency rule to set aside any rule found to be unwarranted by material in the rulemaking file.
United States · United States Congress · 5 February 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month during which such individual has such illness.
United States · United States Congress · 5 February 1981
Petroleum Displacement Act of 1981 - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal certain prohibitions and limitations on the use of natural gas as a primary energy source in electric powerplants. Repeals the authority of the Secretary of Energy to prohibit the use of petroleum or natural gas or both: (1) as a primary energy source in electric powerplants where coal or alternate fuel capability exists; and (2) in excess of a minimal amount in an electric powerplant in which it is feasible to use a mixture of petroleum or natural gas or an alternate fuel as a primary energy source.
United States · United States Congress · 5 February 1981
Amends the Internal Revenue Code to permit married individuals filing separate income tax returns an election to be taxed at rates applicable to unmarried individuals.
United States · United States Congress · 5 February 1981
Requests the President to designate the week of May 10 to May 16, 1981, as "CARE Week" in observance of the thirty-fifth anniversary of CARE (the Cooperative for American Relief Everywhere, Inc.).
United States · United States Congress · 4 February 1981
Criminal Code Revision Act of 1981 - Title I: Revision of Title 18 - Amends in its entirety title 18 of the United States Code, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing and corrections; (4) administration and procedure; and (5) ancilliary civil proceedings. Subtitle I: Provisions of General Applicability - Sets forth 36 general definitions. Provides that particular offenses may include separate Federal jurisdictional requirements. Directs the Attorney General to prescribe guidelines for the exercise of Federal enforcement efforts where there is concurrent State or local jurisdiction. Requires these guidelines to provide for the discontinuation of Federal efforts unless a demonstrable, substantial interest would be served. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise. Declares that Federal jurisdiction is not generally preemptive of State jurisdiction, but enumerates offenses with respect to which the Attorney General may order preemption. Decreases from 78 to four the mental states for criminal culpability ("intentional," "knowing," "reckless," and "negligent"). Sets forth general rules for criminal complicity. Does not include "facilitation" as a general crime. Allows a defendant to be convicted of an offense based on the conduct of another person only if the defendant knowingly and with specific intent induced or aided the commission of the crime (thus rejecting the "Pinkerton" doctrine, which makes a co-conspirator liable for the foreseeable criminal conduct of another). Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the offense, but allows the prosecution of a defendant who is at least 16 and commits class A, B, or C felony. Sets forth a general statute of limitations of five years for a felony or misdemeanor and three years for an infraction (currently such limits vary with the offense). Permits an extended period for certain concealable offenses, such as fraud or misconduct in office. Sets forth a statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection of persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement. Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense; (3) offenses involving international affairs; (4) offenses involving government process; (5) offenses involving revenue; (6) offenses involving individual rights; (7) offenses involving the person; (8) offenses involving property; and (9) miscellaneous offenses. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense. Repeals the Smith Act (prohibiting advocating the overthrow of the government), the current prohibition against spreading false information during wartime with intent to aid the enemy, and the Mann Act. Includes the offense of criminal "attempt" only insofar as provided by specific offenses. Does not include "solicitation" as a general crime. Includes among new Federal offenses: (1) obstructing a Government inspection by fraud or by physicial interference; (2) a general crime of making false written statements; (3) speculating on official action or information; (4) a series of offenses covering the obstruction of political rights; (5) possession of an eavesdropping device; (6) Government program bribery; (7) trafficking in stolen property; (8) sexual abuse of a ward; and (9) operating a racketeering syndicate. Revises numerous offenses, including the following changes. Adds a new "renunciation" defense to the offense of conspiracy. Limits the offense of "impairing military effectiveness to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired. Revises "criminal contempt" to impose a maximum prison sentence of five days and a fine of $500 (current law imposes no such limits). Makes it a bar to punishment that the court order is unconstitutional or that the order is invalid and the offender took reasonable steps to obtain judicial review. Limits the offense of "obstructing a Government function by physical action" to: (1) the service or execution of authorized legal documents; (2) the performance of extradition or Secret Service duties; (3) the performance of duties under court order; (4) passage of the U.S. mail; or (5) execution of an arrest by a law enforcement officer. Changes the offense of "bail jumping" to vary the penalties according to the category of offense. Consolidates numerous false statement statutes under current law. Limits this offense to written or recorded statements. Punishes oral false statements only with respect to misprision of a felony, false implication of another, or false statements about emergencies. Requires that a Government public servant who commits the offense of "tampering with a Government record" be disqualified from office for a period of up to five years. Cross-references the offense of "tax evasion" to existing prohibitions under the Internal Revenue Code. Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); and (3) prohibit discrimination based on sex (current law includes race, color, religion, or national origin). Eliminates the specific intent requirement, but identifies a number of serious crimes which violate constitutional rights. Carries forward, in modified form, felony murder. Extends Federal jurisdiction over any contract murder involving interstate commerce. Revises various sex offenses to eliminate distinctions as to the sex of the offender or victim. Redesignates rape as aggravated criminal sexual assault, and includes additional acts with respect to such offense. Makes punishable aggravated sexual assault of one spouse by the other, but applies the interspousal exemption for lesser sex offenses. Provides, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender. Eliminates the "affecting commerce" jurisdictional basis with respect to robbery. Retains language in current law which defines extortion as "wrongfully" obtaining the property of another. Consolidates numerous theft statutes under current law. Varies the penalities with the value and type of property stolen. Revises the crime of "executing a fraudulent scheme" to cover pyramid sales schemes. Extends Federal jurisdiction to include obtaining at least $100,000 in insurance proceeds through the offense of arson. Extends Federal jurisdiction over the counterfeiting of securities or bonds issued by a State or local government which are in interstate or foreign commerce. Extends the scope of labor bribery to include bribery involving union membership procedures and work placement. Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent. (Such a rate only evidences extortion undercurrent law). Raises the penalties for large-scale trafficking in marihuana and cocaine. Limits the current offense of using or carrying a firearm during commission of a Federal felony to crimes of violence. Expands this crime to include the carrying or use of an imitation firearm or explosives. Establishes a mandatory two-year minimum sentence for a first offender who uses a firearm or explosive which was capable of causing serious bodily injury. Makes such offender ineligible for parole. Narrows the applicability of "riot offenses" by defining "riot" as involving at least ten persons (three in current law). Conforms the definition of "obscene material" to Supreme Court decisions for the purposes of the offense of "transferring or exhibiting obscene material." Makes it a bar to prosecution that the transfer, exhibit, or possession was legal in the State or locality where it occurred. Subtitle III: Sentencing and Corrections - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment, probation, or conditional discharge, and to receive additional sanctions including a fine or an order of restitution in cases involving bodily injury or property damage. Sets forth the general purposes of sentencing. Specifies factors to be considered by a sentencing court, including the applicable sentencing guidelines prescribed by the Judicial Conference of the United States. Requires the court to impose a sentence which is consistent with the sentencing guidelines, unless aggravating or mitigating circumstances exist. Requires the court to state the specific reasons for imposing a sentence which is not consistent with the guidelines. Requires presentence hearings to resolve issues of fact which are essential to the sentencing decision. Authorizes the court to permit the parties to subpoena and cross-examine witnesses. Authorizes imposition of a term of probation for all but the most serious class of felonies. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practical. Enumerates 18 discretionary conditions. Sets forth revocation procedures for violations of a sentence of conditional discharge, probation, or restitution. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F) and three classes of misdemeanors (A to C). Does not include capital punishment as an authorized penalty. Eliminates the "good time" provisions of current law. Allows a defendant, but not the Government, to appeal a sentence. Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Establishes within the Conference a Committee on Sentencing to make guideline recommendations. Retains the parole system. Increases the minimum period for parole eligibility from one-third to one-half of the term of imprisonment served. Directs the Judicial Conference of the United States and the Parole Commission to submit joint reports within five years of the effective date of the sentencing guidelines on the need for parole release. Subtitle IV: Administration and Procedure - Leaves generally unchanged the rules respecting venue. Limits the prosecution of transferring obscenity to the districts where the material was disseminated or the offense was completed. Carriers forward current law respecting the release of offenders on bail. Amends the wiretapping law to restrict the interception of communications without a court order in emergency situations to the offenses of treason, espionage, sabotage, or racketeering. Establishes new procedures requiring authorization for investigative use of a "pen register" (a mechanical device which records numbers dialed on a telephone line to which it is attached). Subtitle V: Ancillary Civil Proceedings - Consolidates and enumerates 22 offenses for which the Attorney General may initiate civil forfeiture proceedings. Title II: Reenactment of Certain Portions of Former Title 18 with Substantive Changes, Amendments to Laws Outside of Title 18, and Technical and Conforming Provisions - Reenacts various current offenses under title 18 amending the penalties to conform with the new general penalty provisions under title I. Restates generally unchanged the Gun Control Act of 1968 (see title I above for criminal offenses). Reenacts the Logan Act (prohibiting private communication with a foreign government to influence foreign policy). Amends offenses outside of title 18 to cross-reference to offenses and penalties under this Act. Title III: Effective Date - Makes this Act effective on the fourth January 1 after enactment.
United States · United States Congress · 4 February 1981
Peremptory Challenge Act of 1981 - Requires that a civil or criminal case to be tried in Federal district court or bankruptcy court shall be reassigned to another appropriate judicial officer if all parties on one side of such case file an application requesting reassignment.
United States · United States Congress · 4 February 1981
United States - Mexico Good Neighbor Employment Act of 1981 - Amends the Immigration and Nationality Act to direct the Attorney General to establish a program for the nonimmigrant admission of Mexican nationals as temporary workers in the United States. Provides that: (1) the Attorney General shall establish annual and monthly quotas for temporary worker visas based on the chronological order of application; (2) such temporary services or labor shall not exceed 180 days per year; (3) such visas shall not limit the geographic area or employment within which an alien may work unless specific restrictions are requested by the Secretary of Labor in order to protect domestic workers; (4) an alien who violates the 180-day visa limitation or any imposed geographic restriction shall be ineligible for another temporary visa for five years; and (5) an alien who enters the United States illegally shall be ineligible for obtaining a temporary work visa for ten years. Excludes such temporary Mexican workers from the definition of "immigrant" for purposes of the Immigration and Nationality Act. Includes such workers within the category of aliens whose nonimmigrant status may not be adjusted to that of an immigrant. Prohibits the Attorney General from consenting to the reapplication for admission of any such workers whose 180-day limitation has been exhausted. Authorizes the Secretary of State to establish and expand United States consulates in Mexico in order to implement such temporary worker program. Directs the Secretary of Labor to make the nature of such program known to Mexican nationals residing in the United States. Requires the Attorney General to report semiannually to Congress regarding the temporary worker visa program. Expresses the sense of the Congress that the President should establish with Mexico an advisory commission to advise the Attorney General with regard to such temporary worker program.
United States · United States Congress · 4 February 1981
Amends the Housing and Community Development Act of 1980 to prohibit the Secretary of Housing and Urban Development from providing housing assistance for the benefit of any alien unless such alien is a U.S. resident and either admitted for permanent residence or lawfully present in the United States under specified conditions (including admission as an asylee or a refugee, or because his or her deportation has been withheld).
United States · United States Congress · 29 January 1981
Eliminates specified limitations on excess profits from contracts with any military department for the construction or manufacture of aircraft and naval vessels.
United States · United States Congress · 29 January 1981
Urges the United States Postal Service to issue a commemorative postage stamp to honor the sixty-six Americans who were taken hostage in Iran, the six Americans who escaped with the assistance of the Canadian Government, and the eight American servicemen who died in the attempt to rescue the hostages.
United States · United States Congress · 28 January 1981
State and Local Government Cost Estimate Act of 1981 - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office, for every significant bill or resolution reported in the House or Senate, to prepare and submit (along with its regular estimate of the Federal cost involved) an estimate of the costs which would be incurred by State and local governments in carrying out or complying with such bill or resolution. Authorizes appropriations to carry out this Act.
United States · United States Congress · 28 January 1981
Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Stipulates that the additional mandatory penalty shall not apply if the underlying felony consists solely of the possession, transportation, or sale of a firearm. Increases the additional penalty imposed for such offense to two years' imprisonment for a first offender (currently, one to ten years) and to five years for a second offender (currently, two to 25 years for a second or subsequent offender). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence, grant probation, or impose the additional sentence concurrently with the sentence imposed for the felony. Prohibits the granting of parole to an offender.
United States · United States Congress · 28 January 1981
Amends the Powerplant and Industrial Fuel Use Act of 1978 to permit local distribution companies to provide natural gas service to residential customers for use in outdoor lighting fixtures installed and receiving natural gas before the enactment of such Act. Requires each local distribution company, in accordance with rules established by the Secretary of Energy, to: (1) periodically inform its customers of the amount of natural gas consumed by outdoor lighting; and (2) report such information method to the Secretary.
United States · United States Congress · 27 January 1981
Amends the Internal Revenue Code to extend the business expense deduction to any trade or business conducted in the home of the taxpayer. Eliminates the restrictions on the deductibility of expenses relating to the rental of a residence to a family member. Permits a taxpayer to make repairs on rental properties on a full-time basis without being treated as using such properties for personal purposes.
United States · United States Congress · 23 January 1981
Savings and Retirement Income Incentive Act of 1981 - Amends the Crude Oil Windfall Profit Tax Act of 1980 to make permanent the income tax exclusion for dividend and interest income. Increases such tax exclusion for persons over age 65 to $500 ($1,000 for joint returns). Amends the Internal Revenue Code to increase to $2,000 the amount of the income tax deduction for contributions to individual retirement accounts. Eliminates the prohibition against certain pension plan participants (e.g. government and military personnel) from making deductible contributions to individual retirement accounts. Increases the amount of nondeductible contributions which an individual may make to an individual retirement account in a taxable year and over such individual's lifetime. Permits contributors to an individual retirement account to withdraw from such an account up to $10,000, without tax penalty, in order to purchase a first home or finance the higher education of a dependent child. Allows an income tax deduction for voluntary employee contributions to tax-qualified employer pension and annuity plans.
United States · United States Congress · 22 January 1981
Amends the Internal Revenue Code to allow income tax deductions related to the rental of a residence to a family member of the taxpayer if such family member pays a fair rental and uses such residence as the principal place of residence.
![Official portrait of Rep. Lungren, Daniel E. [R-CA-3]](https://www.congress.gov/img/member/l000517_200.jpg)