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.
United States · United States Congress · 4 August 1981
Small Business Innovation Research Act of 1981 - Amends the Small Business Act to direct the Small Business Administration (SBA) to: (1) maintain an information program to provide small businesses an opportunity to participate in Federal small business innovation research (SBIR) programs; (2) monitor SBIR programs within Federal agencies; and (3) report annually to the Congressional Small Business Committees on the SBIR programs. Requires each Federal agency with a research and development budget in excess of $100,000,000 in fiscal year 1982 or any subsequent fiscal year to spend a specified percentage of its budget in connection with an SBIR program. Requires each Federal agency with a research and development budget in excess of $20,000,000 in fiscal year 1982 or any subsequent fiscal year to establish specific goals for funding agreements for research or research and development to small businesses with small businesses. Directs each Federal agency with a SBIR program to report annually to the SBA the number of awards over $10,000 in amount made under the SBIR program and to concerns other than small business concerns. Directs the Administrator of the Office of Federal Procurement Policy, in conjunction with the SBA, to promulgate regulations for the conduct of the SBIR programs. States that this Act does not authorize the appropriation of funds.
United States · United States Congress · 4 August 1981
Amends the Department of Energy Organization Act and the Energy Policy and Conservation Act to require that petroleum company overcharges, paid to the United States, be used to complete the Strategic Petroleum Reserve. Provides for initial good-faith efforts to refund such amounts to original purchasers. Permits payment either by cash or by in-kind transfers of petroleum products. Requires the Secretary of Energy to study and report to the President and the Congress on the final Strategic Storage Level.
United States · United States Congress · 29 July 1981
Small Business Innovation Development Act of 1981 - Amends the Small Business Act to direct the Small Business Administration (SBA) to: (1) maintain an information program to provide small businesses an opportunity to participate in Federal small business innovation research (SBIR) programs; (2) coordinate a schedule for release of SBIR solicitations and prepare a master release schedule; (3) monitor SBIR programs within Federal agencies; and (4) report annually to the congressional Small Business Committees on the SBIR programs. Requires each Federal agency with a research and development budget of at least $100,000,000 in FY 1982 or any subsequent fiscal year to spend a specified percentage of its budget in connection with an SBIR program. Requires each Federal agency with a research and development budget of at least $20,000,000 in FY 1982 or any subsequent fiscal year to establish specific goals for funding research and development agreements with small businesses. Directs each Federal agency to report annually to the SBA the number of awards over $10,000 made under the SBIR program and to concerns other than small business concerns. Directs the Administrator of the Office of Federal Procurement Policy, in conjunction with the SBA, to promulgate regulations for the conduct of the SBIR programs. States that this Act does not authorize the appropriation of funds.
United States · United States Congress · 28 July 1981
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 15 July 1981
Airline Deregulation Amendments Act of 1981 - Amends the Federal Aviation Act of 1958 to modify the definition of "ticket agent" as used in such Act. Directs air carriers to file with the Civil Aeronautics Board until December 31, 1982, individual and joint fares and charges, classifications, rules, and services for or in connection with interstate and overseas passenger air transportation. Requires that such filings shall be made with the Secretary of Transportation between January 1, 1983, and December 31, 1984. Prohibits air carriers and ticket agents from charging or collecting greater or less or different compensation than that specified in such filings. Transfers the authority of the Board relating to foreign air transportation to the Department of Transportation. Accelerates to January 1, 1983, the transfer of specified authority of the Board. Allows the Board to approve any contract or agreement that reduces or eliminates competition if it finds that the contract or agreement is necessary to secure important public benefits, including the marketing and sale of transportation through ticket agents. Sets forth the expiration dates for specified authority of the Secretary relating to contract approvals. Revises the expiration date and contents of the Secretary's (currently the Board's) report to Congress concerning the implementation of such Act. Prohibits the Board from issuing any final order or rule in regard to agreements among air carriers and agreements among foreign air carriers insofar as those agreements provide for the accreditation and supervision of travel agents. Directs the Board to forward the recommendations and analyses concerning such proceedings to the Secretary for final disposition. Prohibits the Board and the Department from attaching an expiration date on any certificate of public convenience and necessity. Deletes provisions concerning the issuance of such certificates for temporary authority to provide air transportation. Requires that each air carrier or foreign air carrier shall keep on file with the Board after January 1, 1983, the established divisions of all joint rates, fares, and charges for air transportation in which such carrier participates.
United States · United States Congress · 9 July 1981
Amends the Internal Revenue Code to allow the percentage depletion allowance for any geothermal energy source (currently, such energy must be in "deposits"). Qualifies for the residential energy credit and the investment tax credit all of the equipment of a system using both geothermal energy and a source not eligible for a credit if geothermal energy provides more than 80 percent of the energy for which the system was designed. Allows such credits for portions of such systems which produce, distribute, or use a source of energy which is at least 50 percent geothermal energy.
United States · United States Congress · 9 July 1981
Amends the Federal Plant Pest Act to authorize the Secretary of Agriculture to take emergency measures against plant pests if State action is inadequate. Authorizes intrastate inspections without warrants by Department of Agriculture personnel.
United States · United States Congress · 25 June 1981
Food Safety Amendments of 1981 - Title I - Amends the Federal Food, Drug, and Cosmetic Act to revise the procedures and criteria for consideration of food and color additive petitions and new animal drug applications. Excludes from the definition of "food additive": (1) a food contact substance; and (2) a basic or traditional food. Defines "food contact substance" to mean a substance used to package food upon which such substance is not intended to, and does not have, any physical effect. Revises the general definition of "safe" to include in its meaning the absence of significant risk under the intended conditions of use of a substance. Authorizes the Secretary of Health and Human Services to prescribe regulations to gradually eliminate a substance from the food supply upon a finding that such elimination will serve the public interest and not present a danger to public health. Requires that a determination of whether food is adulterated be based on an assessment of the risks from the probable consumption of such substance, taking into account all pertinent safety factors. Revises the procedures under which the Food and Drug Administration (FDA) establishes tolerance levels for required or unavoidable substances in foods. Replaces the current formal hearing requirements for setting tolerances with the notice and comment rulemaking procedure. Adds to the criteria for establishing tolerances: (1) an assessment of the nature and extent of the risks from probable consumption of the substance, considering all safety factors and after consultation with the food safety committee (established by this Act); and (2) the effects of limits on the cost and availability of food. Requires the Secretary to specify the analytical procedure for determining tolerance compliance. Permits any party in an injunction, seizure, or criminal action by the FDA alleging food adulteration, to request the court to set a tolerance for any food for which there is no existing tolerance. Revises the procedures and criteria for consideration of food additive petitions. Directs the Secretary to establish procedures to facilitate early discussion of an additive prior to submission of a petition. Requires the FDA to file food additive petitions within 30 days after receipt. Requires the FDA to specify in detail its reasons expanded for denying a petition. Directs the Secretary to permit interim use of an already approved additive if it appears from initial review that such expanded use is safe. Directs the Secretary to base a determination of the safety of a food additive on all relevant factors, including risk assessment. Provides an exception to the "Delaney clause" (which deems as unsafe any additive which induces cancer when ingested by man or animal) upon a finding that use of the additive does not present a significant risk to health. Requires the Secretary, whenver an additive is limited on the basis that it induces cancer in man or animal, to refer such matter to the food safety committee and permit interested persons to provide information. Enumerates additional criteria for considering a food additive which has been identified as presenting a significant risk, but has a substantial history of use and no reasonably practicable substitute. Includes among such factors the nature and extent of the consequences of use and the feasibility and effect of providing information to consumers regarding the additive's risk. Provides for expedited judicial review of any failure by the FDA to meet the time limits for food additive determinations or to provide detailed reasons for denial of a petition. Authorizes the Secretary to issue an interim food additive regulation with respect to a substance the safety of which has been questioned by new, but inconclusive, information, upon a determination that there is a reasonable certainty that such substance is not harmful. Applies the new procedures for amending or repealing a food additive regulation to any action to limit a substance which is generally recognized as safe. Establishes a new simplified premarket notification system for food contact substances. Provides that a food contact substance shall be deemed unsafe unless: (1) it is not reasonably expected to become a component of food under its intended use; (2) it conforms to a regulation; or (3) a premarket notification has been registered with the FDA and the FDA fails to make a finding of significant risk to public health within 90 days. Subjects any such finding to judicial review. Permits a person to petition the Secretary for promulgation of a regulation in lieu of premarket notification. Directs the Secretary, for the purpose of receiving referrals respecting the safety of food substances, to request the National Academy of Sciences, the Federation of American Societies for Experimental Biology, or other independent entity having such scientific expertise, to establish a committee to study and report on the safety of food substances. Provides a procedure and the criteria for the Secretary to establish an advisory food safety committee in the event such entities decline to establish such committee. Authorizes any person who may be adversely affected by a Secretarial decision to request the Secretary to consult such a committee before he makes a final decision on the use of any food substance, food additive, new animal drug, or color additive. Establishes for new animal drugs and color additives a regulatory scheme similar to that set forth for food additives. Includes as a factor to be considered with respect to animal drugs the present commercial availability of approved alternatives. Eliminates the current requirement for individual product licenses for animal drug manufacturers. Establishes a one-time location registration of establishments at which a new animal drug is to be first mixed into animal feed. Repeals the animal drug provision requiring batch certification of five specific antibiotics. Title II - Amends the Poultry Products Inspection Act, the Meat Inspection Act, and the Egg Products Inspection Act to conform to provisions of this Act. Title III - Requires persons who have filed food or color additive petitions or new animal drug applications which were filed prior to enactment to elect consideration in accordance with existing law or law as amended by this Act. Provides that enforcement proceedings based on acts occurring prior to enactment shall proceed under prior law.
United States · United States Congress · 22 June 1981
Amends the Bankruptcy Reform Act of 1978 to require the bankruptcy court, in the case of a bankruptcy petition filed by a person engaged in the business of operating a farm produce storage facility, within specified time limits, to: (1) identify those farm producers who have produce in storage, and those parties which have secured interests in farm produce, within such facility; (2) audit the assets of the farm produce storage facility for the purpose of determining the extent of farm produce available for distribution to such producers and secured creditors; and (3) direct the abandonment of such farm produce according to procedures set forth by this Act. Declares that such procedures shall be applied by the court solely for the purpose of effectuating abandonment of farm produce which is not property of the estate, or is of inconsequential value to the estate, and shall not be construed to limit the right of any party to seek abandonment of any other property. Prohibits distribution of farm produce ordered abandoned by the court from being delayed due to the pendency of any appeal from the orders of abandonment, except that a stay of orders may be entered under specified conditions. Makes any such stay of orders appealable as of right by any aggrieved party. Grants to any farmer who, having delivered agricultural products to a licensed warehouseman upon a contract for sale and who has not received the agreed upon payment, a lien against products of like products in the licensed facility in excess of that required to satisfy receipted or other storage obligations, title to which may be then vested in such warehouseman, to the extent of the payment agreed upon for the purchase of the product sold. Attaches such lien at the time of the formation of the contract for sale and continues it until the obligations of the warehouseman to the seller of the products are satisfied.
United States · United States Congress · 17 June 1981
Amends the copyright law to eliminate the pre- July 1, 1982, restriction on the application of the manufacturing requirements to nondramatic literary material.
United States · United States Congress · 11 June 1981
Calls upon the Postmaster General of the United States to give priority consideration to means other than closing local post offices as a method of reducing expenditures of the United States Postal Service.
United States · United States Congress · 4 June 1981
Transfer Tax Reform Act of 1981 - Amends the Internal Revenue Code to increase the unified credit against the estate and gift taxes from $47,000 to $155,800 by specified annual increments through 1985. Increases from $175,000 to $500,000, by specified annual increments through 1985, the minimum gross estate requirement for filing of a return. Increases from $3,000 to $10,000 the annual gift tax exclusion. States that gifts made within three years of a decedent's death shall be valued as of the time of transfer rather than as of the date of death. Allows an individual to elect to pay a gift tax rather than use the unified tax-credit. Revises the formula for computation of the estate tax to value gifts for preceding calendar years and quarters at their value used in computing the tax for the last preceding calendar year or quarter for which a gift tax was payable. Revises the definition of "qualified real property," for purposes of the special use valuation, to: (1) eliminate the requirement that the property be used on the date of the decedent's death for a qualified use; and (2) allow such valuation for real property which is put to a qualified use by a member of the decedent's family. Qualifies estates of decedents who were disabled or retired for the special valuation of certain farms based on use if such decedents materially participated in the operation of the farm for five out of eight years preceding the year in which they became disabled or eligible for disability benefits, under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Permits the spouse of a decedent to use such valuation if the spouse has managed the farm or business for ten years preceding the decedent's death or takes over active management upon the decedent's death. Qualifies the owner of a woodland for the special use valuation if the owner or a member of the owner's family actively managed the property for ten years prior to the owner's death. Includes as property qualified for the valuation certain future and partial interests. Reduces from 15 to ten years the length of time a qualified property must be held and put to a qualified use following the decedent's death before it can be disposed of without incurring a recapture of estate tax benefits. Permits active management rather than material participation as a test for qualification of the estate for spouses, children under 21, students, and disabled individuals who receive property from a decedent who qualified for special use valuation. Modifies the formula for recapture upon partial disposition of qualified property to include in the calculation of the additional tax imposed the adjusted tax difference attributable to the property disposed of or ceased to be used for a qualified use. Increases from $500,000 to $1,000,000, by specified annual increments through 1986, the limitation on the aggregate decrease in the value of property to which the special use valuation is applied. Allows the like kind exchange of property without loss of special use valuation eligibility. Permits, for purposes of calculating the five-year period required for qualification of real property, the aggregation of periods with respect to exchange property with those with respect to property included in the gross estate. Repeals the requirement that an heir elect special treatment for involuntary conversions of qualified real property, thus making such treatment automatic upon such conversion. Alters the method of valuing farms and woodlands and provides an alternate discount method of valuation. Allows the election of the step-up in basis in the case of recapture upon disposition or cessation of the qualified use of property. Imposes interest upon the recapture tax in the event of such election. Expands the definition of "member of the family," for purposes of determining special use valuation eligibility, to include members of a spouse's family. Permits a parent or legal representative of a person under a legal disability to sign an agreement to the application of recapture provisions on behalf of such person. Applies the special use valuation provisions to property held in trust as through the decedent or heir had a direct interest in the property. Expands the conditions under which such property is deemed to have been acquired from the decedent to include: (1) exercise of purchase options; (2) payments by the terms of the will or trust; or (3) purchase from the estate or trust. Specifies that the estate tax deductions for indebtedness shall not be reduced if the value of the property is determined by applying the special use valuation. Modifies the alternate extension of time for payment of the estate tax where the estate consists largely of an interest in a closely held business to: (1) allow an installment payment election if the value of the interest in the closely held business is either 35 percent of the value of the gross estate or 50 percent of the taxable estate; (2) increase to 50 percent the value of an interest disposed of which will accelerate the payment of tax; and (3) permit payment, but with a penalty, of an installment within six months after the due date. Revises rules for determining whether property qualifies as an interest in a closely held business with respect to property included in the gross estate which is transferred prior to death and ownership of assets leased to or used by a family-owned business. Revises disclaimer rules with respect to: (1) notice and acceptance of the interest or its benefits; (2) partial disclaimers; (3) powers of appointment; and (4) disclaimers which are ineffective under State law.
United States · United States Congress · 3 June 1981
Missing Children Act - Directs the Attorney General to collect and preserve information which would assist in: (1) the identification of any deceased individual who has not been identified within 30 days of his or her death; and (2) the location of any missing child who is under the age of 17, does not have a history of running away, and has been missing for at least 48 hours.
United States · United States Congress · 3 June 1981
Amends Federal law to permit bankruptcy courts to grant relief from stays of acts against agricultural products held as property of estates in bankruptcy.
United States · United States Congress · 2 June 1981
Severe Storms Advisory Committee Act of 1981 - Directs the Administrator of the National Oceanic and Atmospheric Administration to establish a Severe Storms Advisory Committee which shall submit annual reports to the President and Congress assessing and making recommendations concerning the current objectives, milestones, and technological developments of the severe storms forecasting program. Sets forth the terms and conditions of membership on such Committee, including representation from specified agencies, State and local civil defense systems, and weather forecasters. Terminates such Committee after five years.
United States · United States Congress · 2 June 1981
Expresses the sense of the House of Representatives that the week commencing on June 7, 1981, should be designated as "National Italian-American Heritage Week."
United States · United States Congress · 28 May 1981
Health Care Financing Amendments of 1981 - Title I: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to set a limit on the authorization of appropriations for Medicaid for fiscal year 1981 and succeeding fiscal years (presently, a sum sufficient to carry out the program is authorized), except for funding to eliminate fraud and funding to pay States' claims for Medicaid expenditures prior to October 1, 1981. Apportions funds to States according to the ratio of each State's estimated Medicaid expenditures compared to the estimated expenditures of all States for fiscal year 1981. Authorizes separate funding for mechanized claims processing and information retrieval systems. Prohibits payment for any fiscal year 1980 State expenditure unless a claim is filed by October 1, 1981, except in exceptional circumstances. Makes various waivers and modifications of Medicaid program requirements. Eliminates all requirements with respect to eligibility and benefits of the medically needy, and all requirements (other than mandatory services for the categorically needy) to provide equal benefits to all medically needy and categorically needy (mainly individuals receiving cash assistance under the Social Security Act). Maintains the requirement of a State to provide all mandatory services to the categorically needy, but permits a State to use reasonable criteria in determining benefits and eligibility for other needy individuals. Replaces the present requirement that Medicaid beneficiaries be afforded the freedom to choose a provider with a requirement to provide standards reasonably expected to give recipients adequate quality care. Repeals certain requirements with respect to: (1) utilization review and control; and (2) the amount and method of provider reimbursement. Revises requirements for Medicaid management information systems. Permits the waiver of certain State plan requirements if a State demonstrates that it has established alternative methods which can be expected to achieve the same goal. Provides personal care services to individuals who, without them, would require institutionalization. Increases Federal funding for automated eligibility assessment systems. Provides that disputed overpayments to a State which were disallowed by the Secretary of Health and Human Services will be recovered by the Secretary rather than retained by the State pending final determination. Permits a State to attribute to an alien the income and resources of the alien's sponsor for purposes of determining the alien's eligibility for Medicaid, if such alien seeks Medicaid within three years of entry into the United States. Title II: Medicare - Amends title XVIII (Medicare) of the Act to provide that contracts for the administration of benefits could be entered into with any public or private entity. Permits payments to providers on other than a reasonable cost or reasonable charge basis. Permits competitive bidding on contracts for the administration of benefits. Eliminates the requirement for a Railroad Retirement Board carrier contract. Repeals the 12-month statutory limitation on agreements with skilled nursing facilities. Prohibits payment for general routine care, including nursing care, of inpatients in hospitals and skilled nursing facilities above a certain amount (determined according to formula) unless it is demonstrated that the cost of caring for Medicare patients is more costly than caring for other patients. Permits the Secretary to withhold payments under Medicare to any Medicaid provider from which Medicaid overpayments cannot be recovered or from which information necessary to determine overpayments cannot be collected. Limits home health services to 100 visits annually under part A (Hospital Insurance) and 100 visits annually under part B (Supplementary Medical Insurance) of title XVIII. Eliminates the need for occupational therapy as a basis for entitlement to home health services. Eliminates part A coverage of alcohol detoxification facility services. Eliminates part B coverage of comprehensive outpatient rehabilitation services. Reduces from $500 to $100 the annual limit for outpatient physical therapy services. Eliminates coverage for hospitalization required solely because of the severity of a dental procedure. Restricts enrollment under part B to the first quarter of each calendar year. Provides, under part B, that with respect to State agreements for coverage of eligible individuals who are receiving money payments under a public assistance program, coverage extended to additional groups of individuals under an agreement requested by a State during 1981 shall not extend to items and services furnished under part B after the second month of enactment. Repeals the requirement for end-stage renal disease networks. Eliminates the temporary delay for the last 21 days of fiscal year 1981 in periodic interim payments to hospitals. Repeals utilization review requirements. Eliminates Medicare coverage for pneumococcal vaccine. Title III: Other Provisions - Amends part A (General Provisions) of title XI of the Act to set forth civil penalties for Medicare and Medicaid fraud. Sets forth the procedures for appealing the Secretary's determination of fraud. Permits the Secretary to deny further participation in Medicare or Medicaid to any individual against whom a final determination of fraud has been reached. Repeals the requirement under part A (Aid to Families with Dependent Children) of title IV of the Act that a State notify AFDC families of the availability of child health screening and treatment services under Medicaid. Amends part B (Professional Standards Review) of title XI of the Act to permit the Secretary to enter into an agreement with a Professional Standards Review Organization (PSRO) for less than 12 months. Prohibits judicial review of the termination of an agreement by the Secretary. Eliminates the requirement that the Secretary provide a formal hearing to terminate a PSRO agreement. Permits the Secretary to terminate an agreement upon giving 90 days notice. Abolishes the Statewide Professional Standards Review Councils. Changes the authority of the Secretary with respect to funding PSRO's from mandatory to discretionary. Permits a State to withdraw its Medicaid program from participation in the professional standards review program. Repeals requirements that the Secretary carry out specified studies and demonstration projects. Amends titles I (Old Age Assistance), IV (Part A), X (Aid to Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI (Supplemental Security Income) of the Act to repeal obsolete authority to provide medical assistance, such authority having been replaced by Medicaid.
United States · United States Congress · 28 May 1981
Health Professions Personnel Amendments of 1981 - Amends the Public Health Service Act to eliminate authorities for: (1) capitation and construction grants for health professions facilities; and (2) start-up assistance. Eliminates the enrollment maintenance requirement for facilities already receiving assistance. Makes such requirement discretionary for nursing facilities. Authorizes appropriations for fiscal years 1982-1984 for financial distress assistance. Consolidates such assistance authority. Limits a grant to 75 percent of last year's amount. Prohibits a school from receiving more than three grants after fiscal year 1981. Authorizes appropriations for fiscal years 1982-1984 for the Health Education Assistance Loans Program. Makes nursing students eligible for them. Increases the annual and aggregate loan limits available to other health professions students. Permits the Secretary of Health and Human Services to repay part of a loan for a person practicing in a health manpower shortage area. Repeals the 50 percent limit on loan recipients in a given class. Permits (rather than requires) the Secretary to make loan repayments for service in health manpower shortage areas. Authorizes the Secretary to collect defaulted loans. Eliminates certain restrictions on loan amounts, interest, and penalties. Authorizes appropriations for fiscal years 1982-1984 for the National Health Service Corps (NHSC). Authorizes the payment of certain travel expenses. Authorizes appropriations for fiscal years 1982-1984 for NHSC scholarships. Authorizes appropriations through fiscal year 1987 for students already receiving scholarships. Permits service obligations to be fulfilled under the Departments of Health and Human Services or Defense, the Veterans' Administration, or State or local entities. Eliminates the freshman priority. Permits the Secretary to release persons from NHSC service if they agree to pay back from one to three times the amount of scholarship money they received. Allows the private practice option to be used in any health manpower shortage area specified by the Secretary. Authorizes special grants to encourage private practice in health manpower shortage areas. Requires a two-year minimum commitment. Gives priority to NHSC obligees. Limits grants to a maximum of $25,000. Authorizes appropriations for fiscal years 1982-1984 for: (1) public health and health administration training; (2) family medicine; (3) Area Health Education Centers; (4) physician assistant training; (5) primary care training; (6) disadvantage student assistance; (7) nurse training; (8) preventive medicine; (9) remote site training; (10) allied health disease prevention and health promotion; (11) veterinary medicine; (12) continuing education; and (13) podiatry. Consolidates the National Advisory Councils on Health Professions Education, Nurse Training, and the National Health Service Corps. Eliminates advisory council review of health professions personnel grants and contracts. Authorizes the use of health professions funds for technical assistance. Amends the Immigration and Nationality Act to permit a foreign exchange visitor in a graduate medical course or training program to stay for the time normally required to complete such work (currently two years with a one year extension). Eliminates specified regulations requirements.
United States · United States Congress · 28 May 1981
Health Amendments of 1981 - Amends the Public Health Service Act to eliminate the National Center for Health Care Technology and the National Council on Health Care Technology. Transfers certain health care technology activities to the renamed National Center for Health Care Technology and Health Services Research. Authorizes the Secretary of Health and Human Services to participate in international health care technology activities. Authorizes (rather than requires) the Secretary to carry out health technology activities and fund health services research centers. Authorizes appropriations for fiscal years 1982-1984 for health research and technology and health statistics. Permits approval without peer review of research and technology grants of $50,000 or less (currently $35,000 or less). Repeals: (1) the authority establishing the Cooperative Health Statistics System; and (2) the requirement that the Secretary, acting through the National Center for Health Statistics, develop executive guidelines concerning the effect of employment conditions and the environment on public health. Makes discretionary (currently mandatory) the Secretary's authority to train persons in the areas of health statistics, research and technology. Limits the release of health statistics, research, or technology information. Authorizes appropriations for National Research Service Awards for fiscal years 1982-1984. Directs that special consideration be given to physicians who agree to do at least two years of biomedical research. Exempts the first 12 months of service from the payback provision. States that such Awards cover tuition and fees. Permits a recipient to meet his or her service obligation by working for a Federal agency or State or local entity if authorized by the Secretary. Eliminates the service obligation for undergraduate recipients. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to: (1) eliminate the provision establishing the Agency for Toxic Substances and Disease Registry; (2) require the Secretary to provide technical assistance and advice to the Environmental Protection Agency relating to toxic substances. Amends the Public Health Service Act to broaden the Secretary's authority to engage in cooperative health endeavors. Increases from 45 days to six months the maximum time period for aiding States or localities during health emergencies. Requires the Secretary to consider State, local, or private resource sources in determining the amount of such assistance. Authorizes appropriations for fiscal years 1982-1984 for: (1) immunization programs; and (2) medical libraries. Makes discretionary (currently mandatory) the Secretary's authority to make grants for special scientific projects and for research and development in medical library science. Makes additional special pay for Public Health Service Commissioned Corps physicians discretionary. Revises language regarding Hansen's disease (leprosy). Permits treatment in non-Public Health Service facilities. Eliminates or reduces specified health reporting requirements.
United States · United States Congress · 20 May 1981
Farm Labor Contractor Registration Act Amendments of 1981 - Amends the Farm Labor Contractor Registration Act of 1963 to exempt from the definition of "farm labor contractor": (1) any agricultural employer who recruits and hires migrant workers for such person's own agricultural operation (currently the employer must personally engage in such hiring); (2) bona fide employees who perform such activity for their employer (currently full-time or regular employees who engage only incidentally in such activity); (3) any person who supplies students or other persons whose principal occupation is nonagricultural to perform certain seed industry work (currently only applies to corn and sorghum with a maximum four-week work period); and (4) nonprofit or cooperative associations of farmers, growers, or ranchers and their employees. Defines the terms "for such person's own operation" and "bona fide employee" for purposes of such Act. Redefines "migrant worker" to mean a seasonal or temporary agricultural worker who cannot normally return to his or her domicile after each working day (currently anyone employed in agriculture).
United States · United States Congress · 19 May 1981
Amends the Internal Revenue Code to allow certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses, without regard to any community property laws.
United States · United States Congress · 14 May 1981
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit assistance to any public agency unless there is in effect with respect to such agency a law enforcement officers' bill of rights which includes, at a minimum, the following: (1) allowing off-duty officers' to engage in political activities; (2) granting officers specified procedural rights in connection with investigations of their conduct on duty which may lead to a personnel action; (3) requiring officer representation on any policy complaint review board established in the jurisdiction; and (4) prohibiting mandatory disclosure of officers' finances.
United States · United States Congress · 8 May 1981
Rail Service Improvement Act of 1981 - Title I: General Provisions - Sets forth the findings of Congress with regard to freight and passenger rail service in the Northeast United States. Title II: Transfer of Rail Service Responsibilities - Subtitle A: Transfer of Conrail Commuter Services - Relieves the Consolidated Rail Corporation (Conrail) of any legal obligation to operate commuter service one year after the effective date of this Act. Authorizes commuter authorities, or State, local, or regional transportation authorities to negotiate with Conrail for the transfer of commuter services operated by Conrail. Directs that such transfer agreements be concluded within eight months after the date of enactment of this Act. Requires the National Railroad Passenger Corporation (Amtrak) and Conrail to agree, within ten months after the effective date of this Act, on terms and conditions for the transfer to Amtrak of all Conrail commuter service in the Northeast corridor (Boston-Washington, D.C.), except for services transferred directly to a commuter authority. Specifies procedures to be followed by the Secretary of Transportation if such agreement is not reached. Allows a commuter authority to request that Amtrak transfer to such authority certain commuter service and rail properties. Authorizes either party to appeal to the Secretary if an agreement concerning such transfer is not reached. Exempts such transfers and assumptions of service from the provisions of the Interstate Commerce Act. Requires that Amtrak shall provide such commuter service for a commuter authority on a reimbursable basis only. Authorizes Amtrak to discontinue service if it is not paid within 90 days of the rendering of such service. Authorizes appropriations, to remain available until October 1, 1986, to carry out the provisions of this Act. Subtitle B: Additional Financing of Conrail - Amends the Regional Rail Reorganization Act of 1973 to establish the Conrail Financial Review Committee. Directs that investments by the Federal Government in Conrail securities after October 1, 1981, shall be by purchase of preferred stock. Requires that the Committee determine the timing and amount of such purchases. Directs that any request by Conrail for the purchase of such stock shall be filed with the Committee within a specified time period. Lists conditions that must be met by Conrail before the Committee may purchase additional stock. Permits the Committee to cease purchasing such stock if such conditions are not met. Authorizes Conrail to appeal the decision of the Committee to cease stock purchases. Provides for benefits to be paid by employees of Conrail subsidiaries. Directs Conrail to issue annually stock to such employees and personnel in amounts equal to the amount of such benefits provided. Declares that such stock shall be nonvoting stock until January 1, 1984. Requires State and local governments in States that have more than 100 route miles of the Conrail system to provide specified benefits to Conrail. Directs the Committee to allocate such benefits among the States and to notify Governors of the required contribution of such States. Directs the Committee to cease stock purchases in the event of any work stoppage by Conrail employees which substantially impairs the operation of the Conrail rail system. States that all series A preferred stock purchased by the Committee pursuant to this Act shall be held by the Director of the Office of Management and Budget. Authorizes appropriations for the Committee to carry out the purposes of this Act. Subtitle C: Transfer of Freight Service Responsibilities - Directs the Committee, within 180 days after the final purchase of Conrail stock, to determine whether Conrail has become a profitable rail carrier. States that Conrail's freight service responsibilities shall be transferred according to the procedures set forth below if Conrail is not found to be profitable. Directs Conrail, in consultation with the Secretary, to negotiate for the transfer of Conrail freight rail properties and service responsibilities to financially responsible persons, including rail carriers. Directs Conrail, when such acquiring railroads do not assure adequate freight terminal operations in the Northeast corridor, to promote the formation of one or more privately funded terminal companies. Establishes procedures for public comment on and the Attorney General's review of such proposed transfer agreements. Authorizes Conrail and the acquiring railroad, in consultation with the Secretary, to modify such proposed transfer agreements. Sets forth procedures by which such agreements may be approved or disapproved by the Interstate Commerce Commission. Directs Conrail to transmit copies of such agreements to Congress. Exempts from judicial review the implementation of such transfer agreements. Exempts such transfers from the provisions of the Interstate Commerce Act and specified provisions of the Securities Act of 1933. Directs Conrail to promote the inclusion of viable associated branch lines in such transfer negotiations. Authorizes affected States or shippers or any combination thereof to negotiate with Conrail for the transfer of essential associated branch lines discontinued under a transfer agreement to an entity designated by the State or shipper for continued operation free of certain common carrier obligations included in the Interstate Commerce Act. Declares that nothing in this Act shall be construed to limit Conrail's power to dispose of remaining rail properties over which service has been discontinued under this Act. Prohibits the transfer of Conrail rail properties to: (1) railroads in reorganization under the Bankruptcy Act; or (2) any entity that is a successor in interest to such railroad in reorganization. Title III: Protection for Conrail Employees - States that Conrail employees deprived of employment shall be eligible for specified separation allowances. Sets forth criteria for the payment and tax treatment of such allowances. Grants preferential hiring status to employees deprived of employment. Provides that employee rights under this Act shall be equal to rights afforded under the Milwaukee Railroad Restructuring Act and the Rock Island Railroad Transition and Employee Assistance Act. Directs the Railroad Retirement Board to maintain a register of persons separated from employment who have declared their availability for employment in the railroad industry. Sets forth procedures for priority hiring of such persons. Terminates such register five years from the effective date of this Act. Makes certain employees deprived of employment eligible for: (1) moving expense benefits; (2) new career training assistance; and (3) medical insurance coverage. Sets forth criteria for and limitations on receiving such benefits. Authorizes treatment of certain unemployed Conrail employees who had been transferred to Amtrak for commuter service responsibilities as employees deprived of employment eligible for benefits under this Act. Grants Conrail the right to assign, reassign, and consolidate work formerly performed on the rail properties acquired pursuant to this Act from a railroad in reorganization to any location or position on its system if it does not remove such work from a collective bargaining agreement. Limits such authority to the period during which benefits are provided under this Act. Requires that a single, new collective-bargaining agreement be negotiated systemwide between Conrail and representatives of the employees of a railroad in reorganization. Directs Conrail, Amtrak, or an acquiring carrier to process and pay employee and personal injury claims. Directs the Secretary to transfer to the Board, and authorizes the Board to allocate to Conrail and Amtrak, funds appropriated to carry out this Act. Declares that the employee protection provisions contained in this Act shall be the exclusive protections for employees adversely affected by transfer agreements authorized by this Act and shall supercede, on October 1, 1981, any other employee protection provisions of Federal or State law. States that employees who accept assistance under this Act shall waive any employee protection otherwise available. Authorizes appropriations for the purposes of this Act to remain available until expended. Limits, to a specified sum, the total liability of the United States and Conrail under this Act. Title IV: Terms of Labor Assumption - Subtitle A: Passenger Employees - Sets forth procedures for the transfer of passenger service employees to Amtrak from Conrail. Relieves Conrail, after such transfer, of any responsibility to provide personnel for the operation of Amtrak intercity passenger trains in the Northeast corridor operating over properties owned or leased by Amtrak. Directs Amtrak or any commuter authority assuming commuter service responsibilities under this Act to succeed to the rights and responsibilities of Conrail under a contract, schedule, or agreement in effect between Conrail and its employees transferred under this Act. Permits Amtrak, commuter authorities, or employee representatives to serve notice for the renegotiation of such contract, schedule, or agreement. Requires that disputes not settled through conferences between Amtrak and employee representatives shall be subject to binding arbitration. Sets forth standards and procedures to be followed when Conrail or Amtrak transfer commuter service responsibilities to a commuter authority. Deems such a commuter authority to be a rail carrier subject to specified Federal laws governing the rights of employees in the railroad industry. Subtitle B: Freight Employees - Directs acquiring railroads and employee representatives to enter into agreements to facilitate the orderly transfer of employees on terms fair to Conrail employees and employees of acquiring railroads. Allows acquiring railroads and employee representatives to: (1) enter into agreements covering two or more acquiring railroads; and (2) modify the terms of an agreement following a particular transfer date through the collective bargaining process of the Railway Labor Act. Directs acquiring railroads to determine the type and number of employees necessary to provide service over line segments transferred under this Act and to notify employee representatives of same. Sets forth procedures for filling positions on such line segments with eligible Conrail employees. Makes an employee accepting employment with an acquiring railroad subject to the coverage of all contracts, schedules, and agreements negotiated under the Railway Labor Act and in effect between such railroads and its employees. Allows an acquiring railroad not to take over or assume any contract, schedule, or agreement in effect between Conrail and its employees. Describes seniority rights of Conrail employees who accept employment with acquiring railroads. Sets forth labor protection obligations of acquiring railroads and procedures for the arbitration of disputes. Title V: Transfer of the Nonlitigation Functions of the United States Railway Association - Amends the Regional Rail Reorganization Act of 1973 and the Department of Transportation Act to transfer to the Secretary the nonlitigation functions of the United States Railway Association and all property, authorizations, and unobligated funds that support the conduct of such functions. Authorizes the Secretary to appoint such officers and employees as are necessary to carry out such functions. Title VI: Miscellaneous Provisions - Lists the civil actions over which the special court established under the Regional Rail Reorganization Act of 1973 shall have exclusive jurisdiction. Declares that the judgments of such court shall be reviewable only by the Supreme Court. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to reserve a specified amount of authorized appropriations for rehabilitation and improvement assistance for facilities transferred from Conrail. Exempts from Federal, State, and local taxes and fees (except Federal income taxes) all transfers or conveyances of any interest in rail property under this Act. Declares that certain laws and regulations, including antitrust laws and the Administrative Procedure Act, are inapplicable to actions taken under this Act. Directs Conrail, within 60 days of the effective date of this Act, to notify shippers of the provisions and likely impact of this Act. Directs the clerk of the special court to convey to the Secretary, within ten days after the effective date of this Act, certain stock on deposit with such court pursuant to the Regional Rail Reorganization Act of 1973. Provides that the Committee shall transfer its stock to Conrail after it has determined that Conrail is a profitable rail carrier. Prohibits any distribution of Conrail assets in regard to any claims of the United States until all other claims against Conrail have been satisfied. Amends the Regional Rail Reorganization Act of 1973 to, authorize Conrail to file with the Interstate Commerce Commission a notice of Insufficient Revenues or an application for a certificate of abandonment for any Conrail line. Directs the Commission to approve such applications unless other financial assistance is offered to the rail line in question. Permits Conrail to obtain a loan in an amount required for the cost of employee insurance coverage and benefits. Describes procedures for obtaining such loan and for administering such medical and life insurance. Amends the Railway Labor Act to establish procedures for handling disputes between a publicly funded and operated carrier providing rail commuter service and its employees. Directs the Commission, within 30 days after the effective date of this Act, to determine, on an industrywide basis, the average compensation for trackage rights for the operation of rail freight service. Prohibits the amount paid by any rail carrier for trackage rights for the operation of such service on the Northeast corridor from exceeding such industrywide average compensation.
United States · United States Congress · 6 May 1981
Amends the Internal Revenue Code to exclude from gross income interest earned on certificates of deposit issued by banks, certain savings institutions, or credit unions. Requires such certificates to be issued between June 30, 1981 and July 31, 1982, to have a one year maturity, and to bear interest at a rate not greater than 70 percent of the average yield of U.S. Treasury bills. Limits the amount of such exclusion to $1,000 ($2,000 for joint returns).
United States · United States Congress · 6 May 1981
Clean Air Act Amendments of 1981 - Title I: Amendments to Title I of the Clean Air Act - Amends title I (Air Pollution Prevention and Control) of the Clean Air Act ("the Act"). Planning and Control Program Grant Regulations - Directs the Administrator of the Environmental Protection Agency, in making regulations for grants to State agency planning and control programs, to give due consideration to the extent to which an air pollution control agency has assumed responsibility for carrying out the provisions of such Act. Air Quality Criteria and Control Techniques - Eliminates the 12-month deadline within which the Administrator must issue air quality criteria for an air pollutant after its inclusion on a specified list. Permits proposed air quality criteria and associated documents to be published by the Administrator only after notice and 90 days opportunity for public comment. Prohibits issuance in final form of any such criteria without prior approval of the Clean Air Scientific Advisory Committee. Sets forth required inclusions in any document containing air quality criteria for any pollutant. Directs the Administrator to carry out another critical clinical or toxicological study before taking any final action regulating any pollutant, if the Administrator or the Committee questions the validity of the original study. Requires the Administrator to issue specified information to the States and appropriate agencies only after (currently, simultaneously with) issuance of such criteria. Prohibits information on air pollution control techniques from being issued until a 90-day period for public comment has expired after the Administrator publishes a draft document setting forth the proposed information. Requires that each air pollution control technique guideline or information issued by the Administrator include a determination of the associated costs of the technique. Eliminates requirements that the Administrator publish specified planning guidelines and control techniques information. National Ambient Air Quality Standards (NAAQS) - Directs the Administrator, upon issuance or reissuance of air quality criteria dealing with an air pollutant, to publish: (1) a notice of intention to propose (a) a primary or secondary NAAQS (or both) or (b) regulations controlling such pollutant under specified provisions; or (2) a determination that regulation of such pollutant under the Act is necessary to protect public health and welfare. Requires a 90-day period after issuance of criteria before publication of proposed regulations prescribing NAAQS for pollutants. Requires a 90-day public comment period after the date of such publication before such regulations may be promulgated. Directs the Administrator to publish specified impact assessments at the time of any proposed or final regulation establishing such standards. Provides that primary NAAQS be requisite to protect the public health from "significant risk of" adverse health effects (currently, protect the public health, "with an adequate margin for safety"). Provides that secondary NAAQS be requisite to protect the public welfare from "significant risks of" any known or anticipated adverse effects (currently, simply "protect from" such effects). Requires reviews of air quality criteria three years after the enactment of this Act and at ten-year intervals thereafter (currently, five-year intervals). Raises the number of members of the Clean Air Scientific Advisory Committee from seven to ten. Replaces the one required member from the National Academy of Sciences with a required member representing industries subject to the Act. Adds required memberships for appointees of the Director of the National Institutes of Health, the President of the National Academy of the Sciences, the Surgeon General, and the Chairman of the Council of Economic Advisors. Directs the Committee to approve or disapprove air quality criteria and to review any scientific evidence upon which the Administrator bases any proposed listing of a pollutant. Requires the Committee to review such criteria three years after enactment of this Act and at ten-year intervals thereafter (currently, five-year intervals). State Implementation Plans (SIPs) - Eliminates the nine-month deadline for States to adopt, and submit to the Administrator, SIPs after promulgation of NAAQS. Requires that the Administrator be notified of, and entitled to make comments and objections in, public hearings on SIPs or SIP revisions. Revises procedures for SIP approval. Revises required provisions of SIPs. Requires that primary NAAQS promulgated in final form before the enactment of this Act be attained no later than December 31, 1990. Specifies no maximum period for the attainment of later primary NAAQS (currently, within three years of SIP approval). Eliminates a requirement that SIPs specify a reasonable time at which secondary NAAQS will be attained. Retains the requirement that SIPs provide for the attainment of NAAQS as expeditiously as practicable. Eliminates requirements that SIPs: (1) include transportation controls; and (2) provide for periodic inspection and testing of motor vehicles. Revises SIP approval provisions for: (1) SIP revisions; and (2) stationary source construction or modification in nonattainment areas. Repeals a provision that such plans must require major stationary source owners or operators to pay fees to the permitting authority to cover specified costs. Revises procedures for approval of SIP revisions. Prohibits the Administrator from requiring the inclusion of any transportation control program or vehicle inspection and maintenance program as a condition for SIP approval. Allows States to include such programs in SIPs. Prohibits the Administrator, except under specified conditions, from including such programs in any SIP promulgated for an air quality control region. Extends to one year (currently, 60 days) the minimum period permitted to States for specified revisions of SIPs. Repeals provisions relating to: parking surcharge, management of parking supply, and preferential bus/carpool lane regulations; noncommercial retrofits, gas rationing, and reduction of on-street parking; and bridge tolls or charges. Repeals provisions relating to SIP deadline extension procedures. Permits a State environmental agency to issue a temporary emergency suspension of any part of an SIP, without action by the President, if such agency determines that: (1) the suspension may be necessary because of the severity of a national or regional energy emergency; (2) other measures for responding to the emergency may be inadequate; and (3) the suspension will not result in the violation of a primary NAAQS. Limits such suspensions to 14 days, except when the Governor petitions for a further suspension by the President, in which case the State may extend its suspension until a Presidential determination is reached. Permits only one suspension for any source on the basis of the same set of circumstances. Provides that the amendments made by this Act shall apply only with respect to SIPs (or SIP portions or revisions) submitted by a State, or promulgated by the Administrator, after the date of enactment of this Act. Provides that any SIP approved or promulgated before such enactment date shall remain in force and effect until such SIP is revised or a new SIP (or portion) takes effect. Requires upon application of the Governor of the State, immediate deletion of any transportation control program or vehicle inspection and maintenance program from SIPs approved or promulgated before such enactment date. Provides that such SIPs shall continue in force and effect notwithstanding such deletion. Standards of Performance for New Stationary Sources (NSPS) - Repeals the NSPS requirement that fossil fuel fired stationary sources achieve a "percentage reduction" of emissions. Directs the Administrator to review and, if appropriate, revise NSPS at least every six years (currently, four years). Revises deadlines for the promulgation of regulations establishing NSPS. Specifies a substantial likelihood of "a greater degree of emission limitation," rather than "a greater continuous emission reduction," as one factor in determining waivers of NSPS to encourage innovative technology. Includes, among those conversions to coal which are not to be deemed "modifications" of a source, a conversion to coal by a facility originally constructed with the capability to use coal as a primary energy source and the conversion of which to coal is not required under any authority of law. Directs the Administrator to promulgate regulations providing an NSPS for each stationary source or category of stationary sources for which an NSPS was in effect before the enactment of this Act. Makes the amendments made by this Act applicable to stationary source construction or modification commencing after the effective date of the applicable regulations promulgated after the date of enactment of this Act. National Emission Standards for Hazardous Air Pollutants (NESHAPs) - Prohibits inclusion of any air pollutant on the published list of hazardous air pollutants (for which the Administrator intends to establish NESHAPs) prior to review by the Clean Air Scientific Advisory Committee of the pertinent scientific evidence upon which the proposed listing is based. Enforcement - Eliminates the provision that the Administrator must commence actions for injunctions or penalties against owners or operators of stationary sources under specified conditions (but retains the discretionary authority of the Administrator to commence such actions). Provides that State-ordered deadlines for final compliance by a stationary source with an SIP shall be no later than December 31, 1990, with specified exceptions. Makes these amendments (relating to enforcement) effective with respect to orders issued and actions commenced after the date of enactment of this Act. Noncompliance Penalties - Directs the Administrator to promulgate regulations, within one year after the date of enactment of this Act, requiring noncompliance penalties against specified persons. Eliminates the requirement that the State or the Administrator assess and collect a noncompliance penalty against specified persons (but continues their authority to do so). Eliminates specified deadlines for notifying persons of noncompliance. Eliminates provisions requiring that noncompliance penalty regulations: (1) authorize the Administrator to review State decisions regarding petitions challenging noncompliance orders or alleging entitlement to exemptions; and (2) direct the Administrator to conduct such review upon certain showings by petitioners. Replaces opportunity for a hearing on the record with an opportunity for comment by an owner or operator concerning specified penalties and schedules. Revises provisions for determining the amount of a noncompliance penalty and the schedule of its payment. Eliminates specified deadlines for imposition of noncompliance penalties. Declares that these amendments (relating to noncompliance penalties) shall be effective with respect to any such penalty initially imposed after the effective date of regulations promulgated after the date of enactment of this Act. Stack Heights - Declares current stack height provisions inapplicable to stationary sources: (1) constructed or modified after the date of enactment of this Act; and (2) with specified emissions levels. Prohibits the construction of any stack or dispersion technique, from such sources, which does not comply with good engineering practice, as determined by specified regulations. Makes such compliance a requirement in SIP permit programs. Directs the Administrator to promulgate regulations to carry out these new provisions for stack heights, including variances in complex and high terrain areas. Ten-Year "Grandfather" - Exempts from later emission limitations or standards any stationary source that met or meets all applicable emission limitations and standards in effect under the SIP at the time construction or modification commenced or commences, for a ten-year period beginning on the date of submission of a completed application for a permit for such construction or modification. Makes such exemption inapplicable to emission limitations or standards imposed with respect to: (1) air pollution that presents a clear and imminent danger to public health; or (2) an air pollutant for which no NAAQS is in effect at the time the completed application is submitted. State Permit Programs - Allows State permit programs to consist of State regulations that meet specified requirements. Requires the approval of the Administrator in the case of permits for major stationary sources with specified emissions levels. Prevention of Significant Deterioration of Air Quality (PSD) - Replaces the stated PSD program purpose of insuring economic growth consistent with the preservation of "existing clean air resources," with the purpose of insuring such economic growth consistent with the preservation of "the use and enjoyment of clean air areas and the development of energy resources and facilities" (PSD areas are those with cleaner air than that required by NAAQS). PSD Increments and Ceiling - Eliminates "increment" requirements (maximum allowable increases over baseline concentrations of sulfur oxides and particulate matter) for class II and class III PSD areas. Eliminates "short-term" increment requirements (for 24-hour and three-hour periods) for class I PSD areas (international and national parks and wilderness areas of specified sizes, and other areas as designated by the States). Permits pollutants in excess of the required PSD ceilings maximum allowable concentrations in class II areas where: (1) the operation of a source in a manner which results in such exceedance provides other environmental or public health and welfare benefits; (2) the amount and frequency of the exceedance is not excessive; (3) the population at risk is small; (4) the effect is localized; and (5) the costs for additional controls necessary to avoid such exceedance are significant. Area Redesignation - Permits a State to redesignate PSD areas as class I or class II as it deems appropriate (with the exception of "Federal class I" areas established as class I by the Act and Indian reservation lands). Eliminates reference to class III areas and allows major emitting facilities to be constructed and operated in areas designated or redesignated as class II. Eliminates special protections for specified areas in excess of 10,000 acres in size which are national: (1) monuments; (2) primitive areas; (3) preserves; (4) recreation areas; (5) wild and scenic rivers; (6) lakeshores or seashores; or (7) parks or wilderness areas (if any of these are established after a specified date). Preconstruction Requirements - Eliminates certain prerequisites, including analysis of any air quality impacts projected for a PSD area as a result of growth associated with a facility to be constructed. Authorizes the State (or the Administrator in specified cases) to determine on a case-by-case basis whether specified monitoring is necessary. Limits the PSD requirement that a proposed facility be subject to the "best available control technology (BACT) for each pollutant subject to an NAAQS BACT to those pollutants emitted or resulting from such facility in major amounts. Eliminates provisions for an exemption from a preconstruction demonstration requirement. Eliminates a prohibition against issuance of construction permits in cases where the Federal Land Manager demonstrates that facility emissions will have an adverse impact on air quality related values even though concentrations will not exceed increment limitations maximum allowable increases). Eliminates provisions relating to State authority to issue permits where the owner or operator demonstrates that facility emissions will have no adverse impact on such values even though concentrations will exceed incremental limitations (maximum allowable increases). Limits specified PSD required analyses of ambient air quality possibly affected by emissions from a proposed facility to those pollutants subject to NAAQS that are emitted in major amounts. Excludes from any air quality modelling specified for PSD preconstruction requirement purposes any modelling with respect to fugitive dust. Permits the major emitting facility construction to comply with PSD program requirements by means of enforceable emission offset credits or other enforceable alternative control measures. PSD Regulation of Other Pollutants - Eliminates a requirement that PSD program regulations for pollutants other than sulfur dioxide and particulate matter, provide specific measures at least as effective as the increments established for sulfur dioxide and particulate matter to fulfill the goals and purposes of the PSD program. Eliminates a provision authorizing the inclusion in such regulations of air quality increments, emission density requirements, or other measures. PSD Definitions - Restricts PSD program regulation to modifications that, together with other specified changes, increase net allowable emissions of sources or facilities by specified amounts. Revises the definition of "best available control technology" (BACT) for PSD program purposes. Equates the BACT with the NSPS (New Source Performance Standard) where an applicable NSPS exists. Visibility Protection for Federal Class I Areas - Directs the Administrator to: (1) conduct a study of the causes and extent of visibility impairment resulting from air pollution; and (2) report the results to the Congress. Prohibits any visibility protection regulations from taking effect, and suspends any such regulation which took effect before the date of enactment of this Act, until such report has been filed with the Congress. Provides that such amendments to the PSD provisions shall take effect in the same manner as provided for amendments to the SIP provisions. Nonattainment Areas - Revises provisions relating to SIP requirements for nonattainment areas to eliminate the definition of "lowest achievable emission rate" (LAER). Revises deadlines for the attainment of NAAQS in any nonattainment area. Requires that an inventory of actual emissions from all sources be contained in a public document, but not be included in the SIP (as is currently required). Eliminates requirements that specified SIPs provide for: (1) analyses of alternatives to proposed major emitting facilities prior to construction or modification permit issuance; and (2) specific schedules for implementation of a vehicle emission control inspection and maintenance program. Conforms SIP identification of other necessary compliance measures to the revised deadlines for attainment of NAAQS. Eliminates provisions requiring that SIP revisions contain enforceable measures to assure attainment of an applicable standard by a specified date. Sets forth provisions relating to the determination of "reasonable available control technology" (RACT). Revises provisions relating to permit requirements to eliminate a requirement that the proposed source comply with the lowest achievable emission rate" (LAER). Requires that stationary sources to which new source performance standards (NSPS) are not applicable, and which, without pollution control technology, will emit any air pollutant in excess of specified levels, comply with best available control technology (BACT) emissions limitations determined by the Administrator. Repeals specified limitations on certain Federal assistance (under the Act and under specified provisions for transportation projects and grant awards) in any air quality control region where any NAAQS has not been attained for which transportation control measures are necessary and certain SIP submissions are lacking. Replaces "lowest achievable emission rate" (LAER) information with information on "reasonably available control technology" (RACT) in guidance documents which the Administrator must issue to States. Eliminates deadlines for the publication of such documents. Provides that amendments to the provisions for SIP requirements for nonattainment areas shall take effect in the same manner as provided for amendments to other SIP provisions. Title II: Amendments to Title III - Adds a definition of "applicable implementation plan." Directs the Administrator to undertake a continuing program of research on environmental emergencies involving air pollution. Authorizes appropriations for fiscal year 1982 to carry out such purpose. Directs the Administrator to publish notice in the Federal Register of all citizen suits brought under the Act after the date of enactment of the Clean Air Act Amendments of 1977. Repeals provisions relating to restrictions on grants to sewage treatment works based on air pollution considerations. Revises provisions for economic impact assessment (retitling such provisions "Regulatory Impact Assessment") to end the applicability of such provisions to promulgations or revisions of new source performance standards (NSPS). Adds to required elements of such assessments an analysis of the effects of a standard or regulation on available energy supply. Repeals provisions relating to how certain economic impact assessment provisions: (1) are to be construed; or (2) are to be treated for purposes of citizen suits or judicial review. Revises provisions for air quality monitoring to direct the Administrator to validate air quality models used for SIPs. Requires that the limitations of the modeling technique be taken into account in the regulatory program when models are not validated. Directs the Administrator to develop and implement performance evaluation procedures for air quality models and apply such procedures to all recommended models. Authorizes appropriations to carry out the Act for fiscal years 1982 through 1985. Title III: Amendment to Other Laws - Amends the Energy Security Act to change from ten years to five years the period covered by a comprehensive research plan setting forth a coordinated program to identify the causes and effects of acid precipitation and actions to limit or ameliorate its harmful effects.
United States · United States Congress · 5 May 1981
Health Maintenance Organization Amendments of 1981 - Amends the Public Health Service Act to eliminate specified health maintenance organization (HMO) funding provisions including: (1) feasibility studies; (2) planning and initial development; (3) ambulatory health facility construction; (4) program evaluation; and (5) annual reports. Eliminates HMO grant or contract authority (continues current loan authority). Makes HMO application requirements applicable to the National Health Maintenance Organization Intern Program. Extends loan and loan guarantees for initial operating costs through fiscal year 1983. Permits interest rates to be adjusted for HMO loans. Authorizes specified appropriations for fiscal years 1982-1984. Authorizes specified appropriations for training (including the National Health Maintenance Organization Intern Program) and technical assistance for fiscal years 1982-1984. Eliminates certain mental health and alcohol and drug abuse services from the definition of "basic health services" and includes them in the definition of "supplemental health services" for HMO related purposes. Repeals specified policymaking body membership requirements. Permits nonmetropolitan HMOs to provide certain basic health services outside their service areas if such services are not otherwise available. Removes certain restrictions on contracting with individual physicians. Revises HMO dual choice provisions. Repeals community rating requirements.
United States · United States Congress · 4 May 1981
Hazardous Materials Transportation Act Amendments of 1981 - Amends the Hazardous Materials Transportation Act to direct the Secretary of Transportation to enter into cooperative agreements with States, local or regional government agencies, or private, nonprofit entities for the establishment of regional training centers for training State and local personnel who: (1) respond to hazardous materials transportation accidents; and (2) enforce State and local hazardous materials transportation requirements. Sets forth information to be supplied by a State, government agency, or private nonprofit entity on its application to enter into such an agreement. Grants the Secretary discretionary power to approve or deny such applications. Specifies criteria to be considered by the Secretary in making such decision. Requires that such approval or denial be granted within 60 days of the date of the application. Limits the duration of such agreements to three years. Directs that the cost of constructing any facilities for use as a training center shall be borne by the party to the agreement with the Secretary. Permits training of private industry personnel on a reimbursable basis. Allows the Secretary to enter into a contract with a private entity for use of a supplemental reporting system and data center operated and maintained by such entity. Authorizes appropriations, with specified limitations, for fiscal years 1982 and 1983 for the purposes of this Act.
United States · United States Congress · 1 May 1981
Amends title XVIII (Medicare) of the Social Security Act to revise provisions relating to payments to and contractual arrangements with health maintenance organizations (HMO) on behalf of individuals eligible for Medicare. Directs the Secretary of Health and Human Services to determine annually a per capita rate of payment for each class of individuals: (1) enrolled with an HMO pursuant to this Act and who are entitled to benefits under part A (Hospital Insurance) of title XVIII and enrolled under part B (Supplementary Medical Insurance) of title XVIII; and (2) enrolled with an HMO and enrolled under part B only. Provides a rate for each class equal to 95 percent of the adjusted average per capita cost for that class. Defines the term "adjusted average per capita cost" to mean the average per capita amount that the Secretary estimates would be payable for services furnished under the Medicare program, if the services were to be furnished by other than an HMO. Directs the Secretary in establishing classes of individuals to take in consideration such factors as age, sex, institutional status, disability status and place of residence. Redefines an HMO. Requires an HMO to meet certain requirements, including limits on premiums, deductibles, coinsurance, and copayments. Provides that individuals enrolled in the Medicare program shall be eligible under this Act with any HMO with which the Secretary has contracted. Prohibits premiums, deductibles, coinsurance, and copayments of an HMO for services in addition to those available to Medicare enrollees from exceeding, for such individuals, the adjusted community rate for such services. Defines the adjusted community rate. Authorizes the Secretary to reimburse an HMO on the basis of reasonable cost if the Secretary is satisfied that the HMO is able to perform its contractual obligations effectively and efficiently and if: (1) the Secretary is not satisfied that an HMO has the capacity to bear the risk of potential losses under a risk-sharing contract under this Act; or (2) the HMO so elects. Amends part A (General Provisions) of title XI of the Social Security Act to prohibit a capital expenditure made by or on behalf of a health care facility from being subject to review pursuant to the limitation on Federal participation for capital expenditures of part A if the obligation of the capital expenditure by the facility would not be reviewed under the Public Health Service Act. Directs the Secretary to conduct a study and report to Congress concerning additional benefits selected by HMO's. Amends title XIX (Medicaid) of the Act to revise the definition of an HMO. Requires an HMO meet the requirements of an HMO as defined in title XVIII, and to meet certain additional requirements. Directs the Secretary to conduct a study and report to Congress concerning the extent of, and reasons for, the termination by Medicare and Medicaid beneficiaries of their membership in HMO's.
United States · United States Congress · 1 May 1981
Health Maintenance Organization Amendments of 1981 - Amends the Public Health Service Act to authorize appropriations for fiscal years 1982-1984 for health maintenance organization (HMO) planning and initial development. Limits eligibility to HMOs receiving specified funds during fiscal year 1981. Authorizes specified appropriations for fiscal years 1982-1984 for: (1) technical assistance and training (including the National Health Maintenance Organization Intern Program); and (2) the loan fund. Extends loan guarantees for planning and initial development through fiscal year 1984. Revises HMO requirements to: (1) eliminate the prohibition on direct service contracts with private physicians; (2) permit nonmetropolitan HMOs to provide certain basic health services outside their service areas if such services are not otherwise available; (3) eliminate open enrollment periods and certain policymaking body membership and advisory body requirements. Eliminates certain mental health, alcohol, and drug abuse services from the definition of "basic health services". Requires an HMO to provide such services in its plan if so requested by the employer. Revises the definition of "supplemental health services". Permits pay rates to be alternatively determined on a per-class basis under the "community rating system" definition. Makes private HMOs that are not nonprofit eligible for initial operation cost loans and loan guarantees. Increases the aggregate and 12-month amounts of such loans and guarantees and extends their availability through fiscal year 1986. Repeals the provision prohibiting cumulative loan guarantees to a private HMO to exceed fund obligations in any fiscal year. Revises current loan authority for ambulatory care facility construction and acquisition. Requires an HMO to have: (1) revenues which exceed its costs; and (2) independent loan sources if necessary. Permits interest rates to be adjusted for HMO loans. Requires an employer subject to this Act who includes certain commercial insurance or nonprofit carrier-owned HMOs in his employee health benefits plan to include an additional HMO (if one exists) which has at least 25 employees (of such employer) residing in its service area. Eliminates loan and grant priorities for nonmetropolitan areas and medically underserved populations. Modifies certain financial disclosure requirements. Repeals the provision requiring certain evaluation reports from the Comptroller General. Eliminates State certificate of need requirements for all HMOs providing institutional health services (currently required of HMOs with less than 50,000 members).
United States · United States Congress · 29 April 1981
Natural Gas Utilization Act - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal certain prohibitions on the use of natural gas as a primary energy source in existing electric powerplants and major fuel-burning installations. Repeals the system compliance option provisions of the Act, which provides that existing powerplants owned or operated by a utility shall be considered in compliance with prohibitions relating to natural gas usage if the utility has in effect an approved system compliance plan. Permits 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 the Powerplant and Industrial Fuel Use Act of 1978. 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. Permits the Secretary to grant a permanent exemption from the prohibitions on the use of natural gas in a gas-coal mixture in a new powerplant or installation if: (1) emissions would be reduced; and (2) disregarding any variances, the proportion of natural gas in a mixture complies with applicable environmental requirements. Repeals the Federal requirement of incremental pricing under the Natural Gas Policy Act of 1978.
United States · United States Congress · 28 April 1981
Malt Beverage Interbrand Competition Act - Declares that no antitrust law shall prohibit the importer, brewer, or trademark licensee of a trademarked malt beverage from entering into an agreement granting a wholesale distributor the exclusive right to sell such beverage within any defined geographic area within a State, or limiting such distributor to the sale of such beverage for ultimate resale to consumers in that area, when such beverage has substantial competition from other malt beverages in that area. Declares that this Act shall not affect any provision of State law.
United States · United States Congress · 27 April 1981
Coastal Barrier Resources Act - Declares the findings and intentions of Congress in regard to the fish, wildlife, and other natural resources associated with the coastal barriers along the Atlantic and gulf coasts of the United States. Establishes the Coastal Barrier Resources System (System) which shall consist of specified undeveloped coastal barriers on the Atlantic and gulf coasts. Requires that certain coastal barrier maps shall be available for public inspection through the United States Fish and Wildlife Service. Directs the Secretary of the Interior to provide copies of such maps to the chief executive officer of: (1) each State and political subdivision in which a System unit is located; and (2) each affected Federal agency. Directs the Secretary to make necessary modifications to such maps and to notify specified Congressional committees of same. Limits, to specified projects, Federal expenditures on or financial assistance for purposes within the System. Lists those projects eligible for financial assistance. Requires the Director of the Office of Management and Budget to certify annually to Congress that the Federal agencies concerned have complied with the provisions of this Act. Sets forth the contents of reports to be filed by the Secretary with specified Congressional committees. Authorizes appropriations to the Department of the Interior for fiscal years 1982 through 1986 for the purposes of this Act.
United States · United States Congress · 10 April 1981
Merchant Seamen Health Services Repeal Act - Amends the Public Health Service Act to eliminate the entitlement to health services for merchant seamen. Repeals provisions of the Department of Defense Appropriation Authorization Act, 1974, which provide for the operation of certain Public Health Service hospitals.
United States · United States Congress · 10 April 1981
Health Services Block Grant Act - Amends the Public Health Service Act to establish a block grant program for States for the provision of health services and related activities for migratory and seasonal agricultural workers, medically underserved populations, mothers and children, coal miners, and individuals at home, and related to sudden infant death syndrome, hemophilia, medical emergencies, mental health, and alcohol and drug abuse. Repeals various Federal laws authorizing categorical grants and other assistance in such areas. Prohibits the block grants from being used for inpatient services, cash payments, improvement of land or facilities, or as satisfaction for any non-Federal match. Authorizes any State to transfer up to ten percent of block grant funds for use under other Federal law providing for health promotion and disease prevention or social services, or for meeting home energy and emergency assistance needs. Sets forth reporting requirements. Authorizes $1,137,600,000 for each of fiscal years 1982 through 1985 to carry out this Act.
United States · United States Congress · 10 April 1981
Consumer Product Safety Amendments of 1981 - Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to notify the Congressional commerce committees of any consumer product information or research grant in an amount greater than $50,000. Stipulates that the Commission shall assist public and private organizations in the development of safety standards and test methods "to the extent feasible." Amends the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act to prohibit the Commission from making a public disclosure of information about a product of an identifiable manufacturer or private labeler unless: (1) the information is accurate and not confidential; and (2) its disclosure is fair in the circumstances and reasonably necessary to effectuate a specific function of the Commission. Deems as confidential, information which relates to a trade secret or is not in the public domain. Requires the Commission to: (1) notify a manufacturer or labeler of its intention to disclose information about a product not less than 30 days prior to such disclosure; (2) publish a retraction of inaccurate or misleading information; and (3) communicate promptly to each manufacturer or labeler on any information with respect to significant risk of injury associated with a product. Eliminates the Commission's authority to promulgate by rulemaking consumer product safety standards with respect to composition, contents, design, construction, finish, or packaging of a consumer product. Retains such authority with respect to product performance. Eliminates the current provision prohibiting the incorporation of any sampling plan in a safety standard, except with respect to flammability standards. Revises the rulemaking procedures for promulgation of consumer product safety standards to eliminate the Commission's authority to develop a standard without making an invitation to interested persons. Eliminates the provision which permits a person to offer to develop a proposed standard. Requires the Commission to prepare a regulatory impact analysis containing specified information, including cost-benefit analysis, before publishing or promulgating a consumer product safety rule. Requires that the opportunity for oral presentation with respect to consumer product safety rules include an opportunity for cross-examination when requested by interested persons for resolution of material issues of fact and when other procedures, including oral and written rebuttal, are determined by the Commission to be inadequate. Directs the Commission, before publishing a proposed consumer product safety rule, to solicit public comment on the hazard which may be presented by the product which would be subject to the proposed standard. Amends the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act to require the Commission to find that compliance with a voluntary standard is unlikely to result in elimination of risk or that substantial compliance with such a standard is unlikely, before promulgating a regulation with respect to which persons have adopted a voluntary standard. Amends the Consumer Product Safety Act to repeal the provision authorizing private actions to enforce product safety orders. Repeals the authority of the Commission to initiate with the concurrence of the Attorney General criminal actions to enforce laws subject to its jurisdiction. Requires that orders issued by the Commission to persons to submit reports and answers to Commission questions be designed to place the least burden on such persons as is practicable taking into account the order's purpose. Requires the Commission to obtain a search warrant before entering a facility or conveyance for inspection purposes. Directs the Commission to: (1) amend its consumer product safety standard for walk-behind lawn mowers to provide that manually started rotary mowers which have specified characteristics shall be considered in compliance; and (2) report on the effect of such amendment within 26 months after the standard becomes effective. Prohibits the Commission from amending the standard as changed before such date. Establishes a Chronic Hazard Scientific Review Panel to review the scientific data and other information respecting risk of injury from a consumer product which presents risk of injury from cancer, birth defects, gene mutations, or behavioral disorders. Prohibits the Commission from taking any action with respect to a consumer product unless the Panel determines that the product presents such risk. Eliminates the Product Safety Advisory Council, the National Advisory Committee for the Flammable Fabrics Act, and the technical advisory committee authorized under the Poison Prevention Packaging Act of 1970. Establishes a Congressional veto of consumer product safety rules or regulations promulgated under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. Provides that any regulation shall not take effect if: (1) both Houses of Congress adopt a concurrent resolution of disapproval within 90 days of its promulgation; or (2) one House adopts such a resolution within 60 days and the other House does not disapprove such resolution within 30 days. Extends the authorization of appropriations for the Consumer Product Safety Commission in the reduced amounts of $33,000,000 for fiscal year 1982 and $35,000,000 for fiscal year 1983.
United States · United States Congress · 10 April 1981
Preventive Health Block Grant Act - Amends title III (General Powers and Duties of Public Health Service) of the Public Health Service Act to replace the current grant programs for health planning and public health services, preventive health services, paint poisoning, and venereal disease with a Preventive Health Block Grant program. Authorizes specified appropriations for fiscal years 1982-1985. Sets forth the allotment formula and application requirements. Authorizes the use of funds for health promotion and disease prevention including technical assistance. Prohibits the use of funds for: (1) cash payments to health services recipients; (2) construction or land purchase; and (3) satisfying non-Federal funding requirements. Authorizes any State to transfer up to ten percent of block grant funds for use under other Federal law providing for health or social services, or for meeting home energy and emergency assistance needs. Requires States to: (1) report on intended expenditures; and (2) report and to prepare an audit at least every two years concerning activities under this Act. Repeals various Federal laws authorizing categorical grants and other assistance in related areas.
![Official portrait of Rep. Madigan, Edward R. [R-IL-15]](https://www.congress.gov/img/member/m000041_200.jpg)