United States · United States Congress · 29 October 1981
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Prohibits the Congress from requiring that the States engage in additional activities without compensation equal to the additional costs. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 26 October 1981
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to Queen Beatrix of the Netherlands in recognition of the bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.
United States · United States Congress · 20 October 1981
Bankruptcy Improvements Act of 1981 - Amends title 11 of the United States Code (Bankruptcy) to establish an eligibility test for liquidation bankruptcy relief based on the individual petitioner's ability to pay a reasonable portion of his debts out of future income. Permits the court to dismiss a bankruptcy case under chapter 7 (liquidation) upon the motion of any party in interest filed not later than 30 days after the meeting of creditors, and after notice and a hearing, if the debtor is ineligible for relief under such title. Requires the bankruptcy judge to preside at any meeting of creditors and to perform such additional judicial duties any may be required. Declares that the value of the creditor's interest in the estate's interest in such property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Requires the debtor in bankruptcy cases to file a statement of income and expenses. Requires the debtor, if the debtor's schedule of assets and liabilities includes consumer debts which are secured by property of the estate, to file and serve upon each creditor holding such security and the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Repeals the provisions concerning exempt property and makes the States responsible for establishing exemptions to bankruptcy proceedings. Makes any debt which was incurred on or within 90 days before the date of the filing of a petition under such title nondischargeable. Allows creditors to enforce liens which have not been voided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later, by giving a written notice of rescission to the creditor. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge. Eliminates the trustee's power to avoid liens or recover payments made within 90 days of filing petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified objects. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence at the time of the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of co-debtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where at least 70 percent of all allowed unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan.
United States · United States Congress · 7 October 1981
Amends the Communications Act of 1934 to establish civil and criminal penalties for violations of the prohibition against unauthorized publication or use of communications signals. Permits more severe civil and criminal penalties for persons who violate such prohibition for commercial advantage or private financial gain than for other violators.
United States · United States Congress · 7 October 1981
Expresses the sense of the House of Representatives that the provisions of the Internal Revenue Code which provide incentives for energy conservation and development of renewable energy sources should not be repealed or amended to reduce such incentives.
United States · United States Congress · 5 October 1981
Amends the Military Personnel and Civilian Employees' Claims Act of 1964 to increase from $15,000 to $20,000 the maximum amount that the United States may pay to settle a claim by a member of the uniformed services or by a civilian employee of a military department or the Coast Guard for loss of or damage to personal property incident to such individual's service.
United States · United States Congress · 30 September 1981
Authorizes the President to present, on behalf of the Congress, a gold medal to Fred Waring, Louis L'Amour, and the widow of Joe Louis. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of each medal. Authorizes appropriations.
United States · United States Congress · 29 September 1981
Debt Collection Act of 1981 - Makes the murder or manslaughter of a Federal debt collector a Federal offense. Allows the Government to collect claims by administrative offset beyond the six year statute of limitations on actions brought by the Government for money damages. Amends the Federal Claims Collection Act of 1966 to direct each agency to charge a minimum annual rate of interest on outstanding debts and to assess a penalty charge and handling costs on delinquent claims, except where another statute, statutorily mandated regulation, loan agreement, or contract either prohibits or explicitly fixes interest or penalty charges. Declares that service of legal process brought for the collection of United States claims shall be accomplished in accordance with the Federal Rules of Civil Procedure or as directed by the court. Authorizes the head of an agency to enter into a contract with any person for the collection of claims owed the United States. Requires any such contract to include provisions subjecting the contractor to the Privacy Act of 1974 and other applicable Federal and State laws governing debt collection.
United States · United States Congress · 24 September 1981
Hunger Prevention and African Food Security Act - Amends the Foreign Assistance Act of 1961 to require the President to use at least half of the funds available for development assistance to provide assistance for persons living in absolute poverty as defined by specified standards. Requires special emphasis to be placed on alleviating hunger in Sub-Saharan Africa and particularly on facilitating the participation of women in food production in that region. Amends the Agricultural Trade Development and Assistance Act of 1954 to specify a minimum aggregate value of all famine relief agreements. Requires famine relief agreements to provide that at least one-fifth of the commodities made available for famine relief or funds generated from the sale of those commodities in participating countries shall be used to strengthen food distribution systems in famine-prone countries, especially those in Sub-Saharan Africa. Requires each such agreement to specify the measures taken to ensure that such commodities and funds benefit primarily the poor.
United States · United States Congress · 15 September 1981
Directs the President to award the Purple Heart to any individual wounded or killed while held as a prisoner of war during World War I, World War II, or the Korean conflict.
United States · United States Congress · 15 September 1981
Conduit Hydroelectric Act of 1981 - Amends the Federal Power Act to exempt conduit hydroelectric facilities (excluding dams or other impoundments and facilities on Federal lands) from the requirements for the development of water power and resources under such Act, including license requirements.
United States · United States Congress · 14 September 1981
Amends the Federal criminal code to extend the scope of the current provision authorizing a physical zone of protection for the President to all Secret Service protectees.
United States · United States Congress · 11 September 1981
Disapproves the final rule promulgated by the Federal Trade Commission dealing with the matter of the trade regulation rule relating to the sale of used motor vehicles.
United States · United States Congress · 9 September 1981
Energy Conservation Daylight Saving Act of 1981 - Amends the Uniform Time Act of 1966 to expand daylight saving time by starting it the first Sunday of March rather than the last Sunday of April. Permits States and the Federal Communications Commission to make adjustments because of such change.
United States · United States Congress · 4 August 1981
Grants easements and rights-of-way across certain Federal lands to the city of Los Angeles, California, for its Mono Basin aqueduct project, upon the relinquishment by such city of its application to purchase certain lands for such purpose. Repeals the Act of June 23, 1936 relating to Federal lands in California. Directs the Secretary of the Interior to report to the Congress by January 1, 1984, on the results of a study on the effects of such project on Federal lands and natural resources. Authorizes appropriations.
United States · United States Congress · 31 July 1981
Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the discretionary release conditions to require that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) forfeit designated property upon failure to appear; and (8) return to custody at specified hours. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving: (1) a serious risk of flight or obstruction of justice; or (2) any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions.
United States · United States Congress · 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
Pretrial Services and Bail Reform Act of 1981 - Requires the Director of the Administrative Office of the U.S. Courts to establish, under the supervision of the Judicial Conference of the United States, directly or by contract, a pretrial services agency (PSA) in each judicial district as recommended by the appropriate district court and the circuit judicial council. (Current law authorizes such agencies on a demonstration basis in ten representative districts). Places such agencies under the general authority of the Director and under the supervision of a chief pretrial services officer selected by the chief judge of the district court. (Current law places five agencies under the Office's Division of Probation and five under an independent Board of Trustees). Requires, rather than permits, regulations issued by the Director relating to the confidentiality of information contained in agencies' files to provide for certain exceptions. Continues generally the existing functions and powers of the PSA (including the discretion of the district courts to determine which shall be performed), and adds four new duties: (1) informing the court and the U.S. attorney of any danger the person may pose to another person or the community; (2) developing a system to monitor and evaluate bail activities; (3) preparing, pursuant to agreements, reports for the U.S. Attorneys Offices on information pertaining to pretrial diversion; and (4) making contracts to carry out their functions. Requires the Director to: (1) issue guidelines within 90 days of enactment with respect to the supervision of persons released into the Office's custody; and (2) include in the annual report to the Judicial Conference a report on the operation of each agency and to transmit a copy of such report to Congress. Deletes the requirement that contracts for the operation of facilities for the custody of persons released be approved by the Attorney General. Authorizes appropriations for the PSA's in the amounts of $6,000,000 for fiscal year 1982 and $8,000,000 for fiscal year 1983. Amends the Bail Reform Act of 1966 to authorize a judicial officer, in making a determination of whether a person charged with a noncapital offense should be released on bail, to consider the safety of any person or the community (in addition to assurance of appearance as currently provided). Permits consideration of a defendant's past conduct in making any such determination. Authorizes a judicial officer to order the detention for up to five days of a person who: (1) is presently on probation, parole, or mandatory release for an offense punishable under State or Federal law; and (2) poses a risk of flight or danger to the safety of any person or the community. Authorizes a judicial officer to order the pretrial detention of any person charged with: (1) a dangerous crime, upon certification by the Government that no conditions will reasonably assure the safety of the community; (2) a crime of violence if such person committed such offense while on release from another crime of violence within ten years; or (3) any offense if such person threatens any witness or juror. Requires a pretrial detention hearing to be held before any person is ordered detained. Entitles a defendant to be represented by counsel and present witnesses. Makes a defendant's testimony inadmissible in any other proceeding, except for purposes of impeachment. Conditions an order of detention upon findings: (1) by clear and convincing evidence that detention is authorized; and (2) with respect to a dangerous crime or crime of violence, that there is a substantial probability that the defendant committed the offense and that no conditions will reasonably assure the safety of the community or any other person. Authorizes a judicial officer upon motion of the Government attorney to order detained under medical supervision for up to three days a person charged with a crime of violence who may be a drug addict. Authorizes the detention of any such person under medical supervision upon findings that: (1) there is clear and convincing evidence that the person is an addict; (2) no conditions will reasonably assure the safety of the community or any other person; and (3) there is substantial probability that the person committed the offense. Authorizes a U.S. attorney to appeal a release order. Requires a person who has appealed his conviction in a capital case to be detained unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires a person awaiting sentencing in a capital case to be detained unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to person or property. Revises the penalties for failing to appear. Makes any such failure after notice of the appearance date prima facie evidence of willfulness. Requires any term of imprisonment imposed for a failure to appear to be served consecutively to any other term. Establishes mandatory, additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court.
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 · 23 July 1981
Expresses the concern of the House of Representatives for the Ukrainian, Yuri Badzyo. Asks the President to express to the Soviet Union the U.S. interest in Badzyo and his family and to remind the Soviet Union of its human rights obligations under the Helsinki Accord.
United States · United States Congress · 22 June 1981
Declares that it is the general policy of the Federal Government to rely on competitive private industry to supply the products and services it needs. Requires the Director of the Office of Management and Budget, in coordination with the Administrator of the Office of Federal Procurement Policy, to administer such policy.
United States · United States Congress · 18 June 1981
Olympic Coin Act of 1981 - Declares the purposes of this Act to be: (1) to provide for the minting of coins to commemorate the 1984 Los Angeles Olympic Games; and (2) to help finance those games without the use of tax revenues. Directs the Secretary of the Treasury to mint: (1) not more than 30,000,000 copper-nickel clad coins with a face value of one dollar; (2) not more than 22,400,000 silver coins with a face value of ten dollars; (3) not more than 2,400,000 gold coins with a face value of fifty dollars; and (4) not more than 1,400,000 gold coins with a face value of one hundred dollars. Specifies the size and weight of such coins. Specifies that the designs of such coins shall be determined by the Secretary in consultation with the Los Angeles Olympic Organizing Committee. Sets certain minting specifications for such coins. Authorizes the Secretary to enter into an agreement with the Los Angeles Olympic Organizing Committee which shall provide for the implementation of the purposes of this Act. Directs the Secretary to furnish such coins to the Los Angeles Olympic Organizing Committee at a price agreed to pursuant to such implementation agreement. Provides that all coins minted shall be delivered to the Los Angeles Olympic Organizing Committee for distribution and sale to the public in accordance with the terms of the implementation agreement. Sets the delivery date for each series of coins. Provides that all proceeds received by the Los Angeles Olympic Organizing Committee from the commercial sale of such coins shall be used for the purpose of staging and promoting the 1984 Los Angeles Olympic Games and assisting the U.S. Olympic Committee and amateur athletics. Provides that all coins authorized by this Act shall be legal tender. Directs that no coins shall be minted pursuant to this Act after December 31, 1984.
United States · United States Congress · 17 June 1981
Energy Conservation Daylight Saving Act of 1981 - Amends the Uniform Time Act of 1966 to provide that the daylight savings time period shall start on the first Sunday of March each year (currently daylight savings time commences on the last Sunday of April).
United States · United States Congress · 4 June 1981
Urban Jobs and Enterprise Zone Act of 1981 - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of enterprise zones, for a period ending December 31, 2001, and subject to the approval of the Secretary of Housing and Urban Development, by local governments or by State governments on behalf of local governments for purposes of extending the tax incentives and regulatory flexibility measures provided by titles II and III of this Act. Specifies that the Secretary may approve the designation of such zones only if: (1) the area is within the jurisdiction of the designating local government; (2) the boundary of the area is continuous and includes accessible vacant or underutilized properties; (3) the area has a population of at least 4,000 if any portion thereof is located within a standard metropolitan statistical area with a population of at least 50,000 or 2,500 otherwise or is an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires designating local governments, as a condition of the Secretary's approval, to agree in writing to follow a course of action which may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, or receiving commitments of private entities to assist employees and residents of the area. Terminates the authority of the Secretary to designate enterprise zones on December 31, 1996. Sets forth minimum and maximum numbers of such designations. Describes areas to which preference shall be given in deciding to designate enterprise zones. Amends the Department of Housing and Urban Development Act to set forth the duties of the Secretary under this Act. Requires any property tax reduction effected by a local government under an agreed to program to be disregarded for purposes of determining the eligibility of a State or local government for Federal assistance or benefits. Expresses the sense of the Congress that: (1) local governments should attempt to facilitate to the greatest extent possible the employment of poor and unemployed residents of their enterprise zones and should consider the effects of a designation upon area employment practices and patterns; and (2) whenever possible, foreign-trade zones should be established within enterprise zones and that in the case of any application for designation of a foreign-trade zone within an enterprise zone: (A) the Foreign-Trade Zone Board should expedite the application process; (B) the Board, in evaluating such application, should consider future development to be expected as a result of the incentives provided by this Act; and (C) the Board should provide technical assistance to the applicants. Title II: Taxation - Subtitle A: Refundable Credits for Employers and Employees - Amends the Internal Revenue Code to allow employers a refundable income tax credit for five percent of the wages paid to unemployed or economically disadvantaged individuals who are certified as eligible under the Comprehensive Employment and Training Act and who perform at least 50 percent of their services within an enterprise zone. Disallows a deduction for the portion of the wages or salaries equal to the amount of such credit. Allows individuals who are employees of qualified businesses and at least 50 percent of whose services during the taxable year are performed in an enterprise zone a refundable tax credit for five percent of the earned income attributable to services performed in an enterprise zone during a 36-month period. Limits such credit to $1,500 for any taxable year. Defines "qualified business" as a person: (1) at least 50 percent of whose gross receipts are attributable to the active conduct of a trade or business within an enterprise zone; and (2) at least 40 percent of whose employees are individuals whose employment qualifies for the employers' credit allowed under this subtitle and who are hired after the later of the date on which the conduct of a business in an enterprise zone is begun or the area is designated as such a zone. Subtitle B: Reduction in Capital Gain Tax Rates - Reduces the alternative tax on capital gains and increases the capital gains deduction. Qualifies certain low-income rental housing located in an enterprise zone for such treatment. Permits property to remain qualified for purposes of the revised capital gains treatment after a designation of an enterprise zone has terminated. Exempts gain from the sale or exchange of property used in a business in an enterprise zone from the computation of the minimum tax. Removes as an item of tax preference accelerated depreciation on real property used in such a business. Subtitle C: Reduction in Gross Income of Trades or Businesses Operating in Zone - Excludes from taxable income a specified percentage of the sum of any amount received by a qualified business from the active conduct of a trade or business within an enterprise zone and any interest on financing provided by a taxpayer to a qualified business in connection with the conduct of such business. Subtitle D: Other Incentives - Permits any qualified business to elect to use the cash receipts and disbursements method of accounting without regard to any inventory requirements if its gross receipts do not exceed $2,000,000 in any prior taxable year. Allows a 20-year carryover of net operating losses for qualified businesses. Qualifies for the investment tax credit low-income rental housing with respect to which the capital gains tax reduction is granted under subtitle B of this title. Subtitle E: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Internal Revenue Service should simplify the administration and enforcement of any provision of the Internal Revenue Code affected by this title. Title III: Regulatory Flexibility - Revises the definition of "small entity," for purposes of the analysis of regulatory functions, to include qualified businesses (as defined in title II of this Act), designating governments, and nonprofit enterprises operating within enterprise zones.
United States · United States Congress · 4 June 1981
Declares three named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
United States · United States Congress · 2 June 1981
Medicaid Assistance Reform Amendments of 1981 - Amends title XIX (Medicaid) of the Social Security Act to provide a cap on Medicaid expenditures beginning with fiscal year 1982. Authorizes appropriations for the Medicaid program for fiscal year 1982 in a specified amount. Authorizes such appropriations for fiscal year 1983 and thereafter in amounts increased or decreased according to a specified formula. Authorizes appropriations for such sums as are necessary to make payments to States to operate Medicaid Fraud and abuse units. Authorizes appropriations for mechanized claims processing and information retrieval systems in a specified amount for fiscal year 1982 and in necessary amounts for succeeding fiscal years. Allocates such funds to States according to a specified formula. Directs the Secretary of Health and Human Services to determine a Federal Medicaid allotment ratio for each State in accordance with specified guidelines. Provides 90 percent matching funds for the design, development, or installation of mechanized eligibility systems. Provides 75 percent matching funds for the operation of such systems.
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
Prohibits the Federal Trade Commission from investigating or taking any action concerning any State regulated profession until Congress enacts legislation which expressly provides that the Commission has authority over professions and that the Commission's authority preempts State authority. Vacates any such action taken during the period beginning on May 28, 1981, and ending on the date of enactment of this Act.
United States · United States Congress · 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
Recognizes the Pause for the Pledge as part of National Flag Day and encourages all Americans to participate in National Flag Day by reciting the Pledge of Allegiance on June 14, 1981. Directs Congress to transmit a copy of this resolution to the Star-Spangled Flag House in Baltimore, Maryland.
United States · United States Congress · 6 May 1981
Communications Cross-Ownership Act of 1981 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from granting a commercial broadcasting station license to any applicant who owns, controls, or operates a daily newspaper if the station's signal will encompass the community in which such newspaper is published. Requires any person who controls a commercial broadcasting station licensed by the FCC and who subsequently controls a daily newspaper which is published in the same community to dispose of any interest in such newspaper by a specified date. Prohibits the FCC from renewing any commercial broadcasting station license for a term ending after June 1, 1980, if the licensee involved: (1) controls the only commercial radio or television station whose signal encompasses the community required to be served under the license; and (2) controls the only daily newspaper published in the community. Exempts a radio station licensee from such prohibition if a commercial television station not owned by such licensee serves the same community. Makes a licensee who controls a daily newspaper in the same community eligible for license renewal without relinquishing the station or the newspaper if the newspaper is not the only daily newspaper in the community. Prohibits any such licensee from disposing of the station license and the daily newspaper to the same person. Exempts from such prohibition a disposition made in connection with an estate which would not result in any new commonly controlled stations and daily newspapers or a disposition constituting a technical change which does not affect significantly the ownership or control of such station. Grants the FCC the authority to waive any requirement relating to commonly controlled commercial broadcasting stations and daily newspapers. Denies the FCC the authority in any application for a commercial broadcasting station license renewal to consider: (1) any ownership interest held by the renewal applicant in any other broadcasting station or in any nonbroadcasting communications medium; or (2) the extent to which any station owner participates in the daily operation of the station involved. States that this Act does not affect the applicability or enforcement of Federal antitrust laws. Prohibits this Act from affecting proceedings pending before the FCC or commenced in the courts before September 10, 1980.
United States · United States Congress · 30 April 1981
Regulatory Reform Act of 1981 - Amends the Administrative Procedure Act to require the notice of proposed agency rulemaking to include: (1) an agency solicitation for public proposals for alternative methods of achieving the regulatory objective; (2) a description of the data on which the agency will rely in the rulemaking; and (3) a determination of whether the rule is a "major rule" as defined in this Act. Directs each agency to publish with such notice: (1) a description of the costs and benefits of and alternatives to the proposed rule; and (2) a justification for proposing the rule and selecting it over the alternatives. Requires agencies to give interested persons at least 60 days to submit written comments on any proposed rule, and oral comments on major rules. Provides for a 30-day extension of such period. Directs each agency to publish with each final rule a statement of the basis and purpose of the rule which includes an assessment of the public comments on the rule and a comparison of the costs, benefits, and adverse effects of the rule. Requires an agency officer or employee to prepare the rulemaking notice and the statement of the basis and purpose of a rule. Directs each agency to maintain a public file of the paperwork and comments pertaining to each rulemaking proceeding, which shall constitute the rulemaking record for purposes of judicial review. Allows an agency to promulgate an emergency rule without meeting the notice and comment requirements under such Act. Directs any such agency: (1) to publish an explanation of the situation requiring the rule and a justification of the rule selected; and (2) to comply with normal rulemaking requirements with respect to such rule as soon as practicable. Requires each agency to review each of its major rules every ten years to determine whether to renew, amend, or rescind each rule. Directs each agency to: (1) publish and submit to the President a proposed review schedule; and (2) publish a final schedule within one year after enactment of this Act. for review. Directs each agency to publish a notice of its proposed action regarding a rule being reviewed. Requires that the notice: (1) assess the costs, benefits, and adverse effects of the rule; and (2) invite public proposals for modifications or alternatives to the rule. Requires an agency to follow normal rulemaking procedures when amending or rescinding a rule. Specifies procedures for renewing a rule without amendment. Directs a court reviewing an agency action to: (1) set aside any agency rule found to lack substantial support in the rulemaking file; (2) determine the authority or jurisdiction of the agency on the basis of the language of the authorizing statute or other evidence of legislative intent; and (3) accord no presumption in favor of or against agency action. Declares that when proceedings for review of the same agency action are instituted in two or more courts of appeals within ten days, the Administrative Office of the United States Courts shall select at random the court in which the in which the record shall be filed. Authorizes the courts not selected to grant preliminary relief pending transfer of their proceedings. Requires each agency to publish in the Federal Register, semiannually: (1) an agenda of the rules the agency expects to propose, promulgate, renew, or withdraw within the next 12 months, including a schedule of the significant actions pertaining to each rule; and (2) a Calendar of Federal Regulations listing each of the major rules included in the agenda.
United States · United States Congress · 29 April 1981
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer or dealer of firearms a person who manufactures or deals as a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Stipulates that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has probable cause to believe that a violation has occurred and that evidence may be found on the premises. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years' imprisonment (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Deletes the prohibition against concurrent sentences. Prohibits the granting of parole to first and subsequent offenders. Stipulates that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect person or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Establishes a Congressional veto procedure with respect to firearms regulations. Authorizes either House of Congress to adopt a resolution of disapproval within 90 days of the rule's promulgation. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Makes any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
![Official portrait of Rep. Moorhead, Carlos J. [R-CA-22]](https://www.congress.gov/img/member/m000926_200.jpg)