United States · United States Congress · 5 November 1981
Declares that it is the sense of the House of Representatives that: (1) the United States must manage its assets in a manner more prudent and beneficial to the interests of the American people; (2) all executive branch agencies should inventory their assets, estimate the approximate value of each asset, and identify the uses to which each asset is put; (3) the President should then identify which assets are surplus to Federal needs and should be candidates for liquidation; (4) the President should submit recommendations to Congress on any legislative and administrative revisions that may be needed to carry out such a program of liquidation in an orderly manner; (5) the receipts of this program should be used only to restrain and ultimately reduce the national debt; and (6) the Comptroller General should investigate and recommend to Congress and each agency improved processes for managing Federal assets, estimating their value, and liquidating those which are unneeded.
United States · United States Congress · 4 November 1981
Violent Crime Control Act of 1981 - Title I: Mandatory Sentences For Use of Firearms in Felonies - Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Makes the additional penalties inapplicable to offenses consisting solely of possessing, transporting, or selling a firearm. Increases the additional penalty to two years' imprisonment for a first offense (currently, one to ten years) and to five years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Prohibits the granting of parole to any offender. Prohibits the Government attorney from plea bargaining with respect to this offense. Title II: Assassination-Related Killings - Amends the Federal criminal code to extend the current offense of killing designated Federal employees to include any Federal public servant engaged in the performance of, or on account of, his or her duties. Replaces the current crimes of Presidential and Congressional assassination with new offenses covering the assassination, assault, kidnapping, or conspiracy to kill or kidnap "United States officials." Includes Cabinet heads and Federal judges within such definition, in addition to the President, Vice President, and Members of Congress. Makes it a Federal crime to kill any civilian in the course of an assassination of a U.S. official. Authorizes the Attorney General to offer a reward of up to $100,000 for information and services concerning these offenses. Makes it the duty of any Federal agency to assist the Attorney General in the investigation and prosecution of violations. Title III: Bail Reform - 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 of 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 number of discretionary release conditions. 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 a serious risk of flight or obstruction of justice or 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. Title IV: Insanity Defense Modifications - Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect. Title V: Modification of the Exclusionary Rule - Declares that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief. Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance. Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees. Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the action was constitutional. Title VI: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system. Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines. Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range or the specific reason for imposing a sentence outside of such range. Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Title VII: Habeas Corpus Changes - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners, except upon consent of the parties. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate that the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six circumstances (currently, the State findings are presumed to be correct unless the petitioner establishes the existence of a circumstance). Requires the Federal court to view the State court record in the light most favorable to the prosecution. Title VIII: Corrections Construction and Development - Corrections Construction and Program Development Act of 1981 - Authorizes the Attorney General to make grants to States for up to 75 percent of the cost of projects to: (1) construct, expand, and repair correctional facilities; and (2) improve correctional programs and practices. Authorizes appropriations through fiscal year 1985. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to donate surplus property to States for correctional purposes.
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 · 22 October 1981
Acid Rain Research Implementation Act of 1981 - Declares it to be the policy of the United States to strengthen specified research and development programs relating to acid precipitation pollution and to establish a process for cooperative decisionmaking on strategies to control such pollution. Directs the the Administrator of the Environmental Protection Agency ("the Administrator"), the Secretary of Agriculture, and the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to ensure that the comprehensive research plan prepared under the Acid Precipitation Act of 1980 satisfies such policy. Directs the Administrator of NOAA, as director of task force research under such Act, to provide the Administrator with a status report within 12 months of enactment of this Act and once every 24 months thereafter. Directs the Administrator, within specified periods, to: (1) determine whether new measures are necessary; (2) report, with recommendations to Congress; and (3) issue proposed rules requiring measures that may help prevent, limit, and remedy the harmful effects of acid precipitation. Directs the Administrator, in order to prepare such reports and proposed rules, to: (1) contract with the National Academy of Science for specified services; (2) work with the task force, State, local, and foreign governments, and private industrial, environmental, scientific, and international organizations in establishing and strengthening monitoring networks to determine the sources and effects of acid precipitation and other long-range pollutants; and (3) arrange, with such entities, for information exchange and cooperative data analysis to ensure that remedial measures may be planned and implemented cooperatively, with minimum social and economic dislocation and maximum environmental protection. Directs the Administrator, working within the plan and in cooperation with other programs, to: (1) ensure that adequate analysis and comparative consideration is given to institutional arrangements (including cost sharing and capital formation approaches that will minimize unforseen or inequitable economic impacts on particular regions or economic sectors) necessary to implement new measures specified in such reports; and (2) include in the task force's annual report a description of actions taken to ensure such analysis and consideration, as well as any recommendations for legislative or administrative action concerning such institutional arrangements. Directs the Administrator, in consultation with the Secretary of Agriculture and the Administrator of NOAA, to include in the annual task force report a statement concerning the adequacy of task force resources to carry out this Act.
United States · United States Congress · 22 October 1981
Amends the Internal Revenue Code to allow an income tax exclusion for interest earned on national home ownership bonds. Defines "national home ownership bonds" as certificates of deposits issued before 1985 which are used to provide owner-financing of single family residences. Requires that such bonds have a maturity rate of five years and an investment yield not exceeding ten percent and be issued in denominations of at least $1,000. Prescribes percentage tables for determining the interest rate on such financing.
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 · 13 October 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to an incarcerated felon during any month of confinement. Treats the benefits withheld as having been paid to the felon for purposes of the payment of benefits to other persons so entitled on the basis of the wages and self-employment income of the felon.
United States · United States Congress · 7 October 1981
Prompt Payment Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Requires the Office of Management and Budget (OMB) to prescribe required payment dates. Specifies the procedures for computing such interest. Requires an agency to pay any interest charges out of funds made available for administration of its programs. Authorizes Federal grant recipients to provide for the payment of interest on overdue payments on their procurement contracts. Directs each agency to report to OMB annually on interest payments made during the fiscal year. Requires OMB to report to specified congressional committees on agency compliance with this Act. Requires the Director of OMB to delegate responsibility for OMB functions under this Act to the Office of Federal Procurement Policy.
United States · United States Congress · 7 October 1981
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 · 6 October 1981
Amends the Internal Revenue Code to allow an income tax exclusion for interest earned on national home building bonds. Defines "national home building bonds" as certificates of deposits issued before 1985 which are used to provide owner-financing of single family residences. Requires that such bonds have a maturity rate of three years, an investment yield not exceeding ten percent, and be issued in denominations of at least $1,000. Prescribes percentage tables for determining the interest rate on such financing.
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 · 21 September 1981
Independent Contractor Tax Status Clarification Act of 1981 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of the tax on employment income. Treats an individual as an independent contractor if such individual: (1) controls the total number of his work hours; (2) does not maintain a principal place of business, or, if he does, such place of business is not provided, or is not provided rent-free, by the person for whom such individual performs services; (3) has substantial investment in his business and earns income based upon sales or output rather than upon number of hours worked; (4) performs services pursuant to a written contract and is provided written notice of his responsibility with respect to income and self-employment taxes; and (5) the recipient of such individual's services files returns disclosing payments made to such individual. Provides that the criteria established by this Act shall not be applicable to agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen who are statutorily designated as employees for purposes of social security taxation. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his services is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires recipients of services performed by an independent contractor to file an information return with respect to payments made for such services in excess of $600 for the taxable year. Requires individuals who file such information returns to furnish written statements to persons with respect to whom such information is reported which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Applies deficiency procedures for the assessment of unpaid taxes due to the reclassification of an individual as an employee who had been treated as an independent contractor. Treats as employees, for purposes of the withholding of income tax, certain traveling or city salesmen.
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 · 10 September 1981
United States Olympic Development Fund Checkoff Act of 1981 - Permits taxpayers to designate on their income tax returns an election to contribute one dollar of their income tax refunds or one dollar forwarded with returns to support the fund established by this Act. Establishes in the Treasury of the United States a United States Olympic Development Fund. Appropriates to the Fund an amount equivalent to the amount designated on tax returns to be available to the Fund. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee for use in a program of expansion and improvement of amateur athletics. Sets forth reporting requirements with respect to the expenditure of such funds by the Committee.
United States · United States Congress · 9 September 1981
Amends the Labor Management Relations Act, 1947, to permit suits for money damages against individual officers and members of a labor organization, acting in their personal and nonunion capacity and not in behalf of a labor organization, by an employer for a violation of a no-strike clause in a collective bargaining agreement.
United States · United States Congress · 9 September 1981
Prohibits the exclusion of evidence against the accused in a State criminal case where such evidence was obtained by a State officer, employee, or agent in violation of the United States Constitution. Authorizes any person aggrieved by such misconduct to recover damages in a civil action against such officer, employee, or agent. Limits such damages, for an accused convicted of a criminal offense, to actual physical and property damage sustained, but not less than $500. Establishes the same minimum liquidated damages for any other case. Sets a maximum amount of damages at $25,000. Grants State courts exclusive jurisdiction of such actions. Sets a two-year statute of limitations for the commencement of such actions.
United States · United States Congress · 9 September 1981
Social Security Alien and Foreign Resident Limitations Act of 1981 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U.S. citizen or national and whose entitlement is based upon the wages and self-employment income of a resident of a foreign country who is entitled to old-age or disability benefits if such individual does not bear a spousal, filial, parental, divorced, or surviving relationship to such resident as of the date such resident reaches age 57. Prohibits entitlement to title II benefits in the case of an individual who is not a U.S. citizen or national on the basis of such individual's own wages and self-employment income. Entitles a non-U.S. citizen or national to a single lump-sum benefit on the basis of such individual's wages and self-employment income if such individual is lawfully admitted to the United States for permanent residence or employment purposes or such individual's status is changed to permit such individual to work in the United States. Prohibits entitlement to title II benefits in the case of a non-U.S. citizen or national whose entitlement is based upon the wages and self-employment income of a non-U.S. citizen or national who is not a permanent resident of the United States or who has not been admitted to the United States for employment purposes. Prohibits entitlement to title II benefits in the case of a U.S. citizen or national whose entitlement is based upon the wages and self-employment income of a non-U.S. citizen or national.
United States · United States Congress · 9 September 1981
Provides that in a Federal habeas corpus action an applicant shall not be deemed to have exhausted State court remedies without showing that each issue was fairly presented in State court. Stipulates that failure to follow State procedural rules is a failure to fairly present an issue.
United States · United States Congress · 9 September 1981
Expresses the disapproval of the House of Representatives of the District of Columbia Council's approval of the District of Columbia Sexual Assault Reform Act of 1981.
United States · United States Congress · 9 September 1981
States that the House of Representatives commends the Navy fliers involved in the incident with Libyan warplanes above the Gulf of Sidra on August 19, 1981. Urges the continuation of the American policy of responding with necessary force to unprovoked attack in international waters and airspace.
United States · United States Congress · 4 August 1981
Mobile Source Clean Air Act Amendments of 1981 - Title I: Amendments to Title II - Amends title II of the Clean Air Act (Emission Standards for Moving Sources, also known as the "National Emission Standards Act") to provide that where any national ambient air quality standard is established pursuant to such Act for any pollutant, the standard applicable to the emissions of such pollutant shall relate to the achievement of the national ambient air quality standard. Directs the Administrator of the Environmental Protection Agency, in prescribing any such standard, to consider specified factors, including compliance costs, potential inflationary or recessionary effects, and effects on small business competition, consumer costs, and energy use. Requires that more stringent standards shall not become effective for at least: (1) 48 months after final prescription, in the case of heavy-duty vehicles or engines; and (2) 36 months after final prescription, in the case of all other new motor vehicles or engines. Repeals requirements that standards reflecting the greatest degree of emission reduction achievable through application of available technology be contained in regulations applicable to: (1) emissions of carbon monoxide, hydrocarbons, and nitrogen oxides from heavy-duty vehicles or engines manufactured during model years 1979 through 1982; and (2) emissions of particulate matter from vehicles manufactured during and after model year 1981 (or during any earlier model year, if practicable). Repeals requirements that regulations applicable to vehicles or engines manufactured during and after model year: (1) 1983 require a reduction of at least 90 percent of hydrocarbon and carbon monoxide emissions; and (2) 1985 require reduction of at least 75 percent of nitrogen oxides emissions. Provides for notice and opportunity for comment before the Administrator determines that any emission control device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety (and therefore may not be used to comply with emission standards). Directs the Administrator to include specified information obtained from manufacturers in making such determination. Excludes methane from any hydrocarbon standard for motor vehicle emissions under such Act. Directs the Administrator to establish an appropriate allowance applicable to the exhaust hydrocarbon standard for those vehicles and engines that emit low levels of evaporative hydrocarbon emissions, except that measurement of such emissions shall not be required in specified new vehicle or motor compliance tests. Revises provisions for regulations applicable to emissions from light-duty vehicles and engines. Eliminates the requirement that regulations applicable to such vehicles manufactured during or after model year 1981 require: (1) reduction of at least 90 percent of carbon monoxide and hydrocarbons emissions from those allowable under standards applicable to 1970 models; and (2) limitation of nitrogen oxides emissions to one gram per vehicle mile. Provides also that regulations applicable to such vehicles manufactured during or after model year 1982 shall not contain standards more stringent than 0.39 grams per vehicle mile of non-methane exhaust hydrocarbons (exclusive of allowances for evaporative hydrocarbons), seven grams per vehicle mile of carbon monoxide, and two grams per vehicle mile of nitrogen oxides. Revises provisions relating to waivers of such standards. Replaces, as a precondition for such waivers, a determination of a potential for both long-term air quality benefit and meeting average fuel economy standards with a determination of a potential to conserve energy. Makes 500,000 units the maximum number of vehicles or engines of each model to which such waivers may apply (the current maximum is five percent of the manufacturer's production or 50,000 of such units, whichever is larger). Revises provisions relating to any future prescribed regulations affecting the manufacture, distribution, or sale of motor vehicles or engines for high altitude areas of the United States to require inclusion of exemptions prescribed for model year 1982 and to permit specified performance adjustments. Prohibits more stringent numerical standards in regulation of high altitude vehicles of any model year than those applicable to vehicles certified under non-high altitude conditions. Prohibits any regulation requiring the installation, on motor vehicles or engines intended for principal use in non- high altitude locations, of any emission controls needed to meet the applicable standards under high altitude conditions. Includes among prohibited acts the failure or refusal of any manufacturer to comply with requests by the Administrator for specified information on new light-duty motor vehicles and their use at high altitudes. Revises provisions for compliance testing and conformity certification to direct the Administrator to evaluate or to require evaluation of (but not necessarily to test or require testing of): (1) any new motor vehicle or new motor vehicle engine submitted by a manufacturer; and (2) any emission control system incorporated in a vehicle or engine submitted by any person. Prohibits the revision of any test applicable to 1981 model heavy-duty vehicles or engines until after the 1986 model year. Repeals a one-year maximum limit on the period which a certificate of conformity may cover. Directs the Administrator to establish: (1) methods and procedures for making tests for determining average emissions from vehicles; and (2) an acceptable quality level for all new motor vehicles equivalent to the level applicable to 1981 model year light-duty vehicles. Repeals a requirement that all light-duty vehicles manufactured during and after model year 1984 comply with specified emission standards regardless of the altitude at which they are sold. Revises provisions for compliance by vehicles and engines in actual use. Bases determinations of nonconformity with regulations by any class or category of vehicles and engines manufactured after a specified date upon the average performance in testing a statistically valid and representative sample. Permits manufacturers to elect to take other actions, in lieu of remedying such nonconformity, with respect to those or other vehicles or engines, consistent with the purposes of such title. Directs the Administrator to consider the effects on competition, in approving a manufacturer's plan to remedy or take other actions with respect to such nonconformity. Repeals a requirement that dealers furnish purchasers of new light-duty motor vehicles certificates of conformity with applicable emission standards, including notice of purchaser warranty rights. Repeals a requirement that the manufacturer remedy, at its own cost, any nonconformity, during a specified period, of a motor vehicle with emission standards. Revises provisions relating to: (1) State standards; and (2) high altitude performance adjustments. Provides that the foregoing amendments made by this title shall take effect with respect to vehicles and engines manufactured in model years beginning more than 60 days after the enactment of this Act. Requires that the economic impact assessment with respect to any motor vehicle emission or fuel standard or regulation under such title also contain an analysis of the noise, safety, and other factors deemed appropriate by the Administrator associated with application of any technology necessary to comply with the standard or regulation. Directs the Administrator to initiate a study and related proceedings, including appropriate informal public hearings, to: (1) develop alternative and practicable approaches to emission control of any air pollutant, subject to such regulation, from new motor vehicles or engines; and (2) evaluate the existing control program. Sets forth the factors to be considered by the Administrator concerning such new approach. Requires that a report of such study, including public comments, be submitted to the appropriate committees of the Congress within one year. Sets forth criteria for proposed regulations under any such new approach. Title II: Study and Conforming Provisions - Amends the Clean Air Act to direct the Administrator, upon the request of any national association of motor vehicle dealers with a membership which includes a majority of U. S. retail franchisers selling imported and domestic new light-duty motor vehicles, to compile data relating to the availability and distribution to dealers located at high altitudes of all models of such vehicles manufactured by any specified manufacturer in a specified model year. Authorizes the Administrator to utilize specified information and to require manufacturers to submit relevant information (except information identifying shipments to individual dealers). Directs the Administrator, within six months after such a request is made, to submit to the Congress and publish in the Federal Register a report setting forth the data so compiled, including specified information.
United States · United States Congress · 28 July 1981
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 27 July 1981
Critical Materials Act of 1981 - Establishes a Council on Critical Materials in the Executive Office of the President to: (1) advise the President on national policy concerning critical materials; (2) coordinate Federal policies and activities concerning such materials; (3) evaluate Government activities according to the policy and directions provided under the National Materials and Minerals Policy, Research and Development Act of 1980; and (4) oversee and coordinate materials research and development programs of Federal entities. Sets forth duties of the Council's executive director, which include: (1) cataloging materials research and development activities of public and private institutions; (2) evaluating the critical materials needs of basic industry and the Government; (3) initiating studies to resolve national critical materials problems; (4) issuing a biennial report providing a domestic inventory of critical resources with projections on the needs for such resources; and (5) recommending necessary changes in policies, regulations, and legislation to Congress. Authorizes appropriations.
United States · United States Congress · 24 July 1981
Title I: Reclamation Reform - Repeals residency requirements of a prior Federal reclamation law and allows the availability of irrigation water to project lands whether or not owners or operators live on or near such lands. Directs the Secretary of the Interior, upon the request of any district, to complete land classifications for such district prior to the enforcement of any acreage limitation within such district. Requires owners of excess lands to execute a recordable contract with the Secretary for the disposal of such lands before irrigation water may be made available to them. Exempts lands receiving benefits from Federal water resources projects constructed by the Army Corps of Engineers from acreage limitation requirements or other provisions of reclamation laws, unless specifically made applicable by statute or pursuant to the authority of the Secretary. Provides that lands which are leased shall not be subject to the application of acreage limitation provisions of Federal reclamation laws. Exempts from limitations and restrictions of reclamation laws: (1) any district which has repaid the construction costs of water project facilities; (2) bona fide religious or charitable organizations using the agricultural produce for charitable purposes; (3) lands held by a trustee in a fiduciary capacity for beneficiaries whose interest in such lands are within limits imposed by reclamation laws; (4) lands which receive a temporary supply of water; (5) lands acquired by involuntary foreclosure, bona fide conveyance in satisfaction of mortgage, inheritance, or devise, which are eligible for a temporary supply of water not exceeding five years; (6) isolated tracts which are economically farmable only if included in a larger farming operation; and (7) lands served with a temporary supply of water under contracts permitting later use of such water for municipal or industrial purposes. Requires payment contracts for the use of irrigation water temporarily made available from reclamation facilities in excess of ordinary quantities not otherwise storable for project purposes or not otherwise available without such facilities. Provides a procedure for the validation of any contract provision between the Secretary and any party pursuant to matters arising under reclamation laws. Vests exclusive jurisdiction in the United States district court for the district in which a project facility is located for injunctive relief sought under contracts between any non-Federal party and the Secretary relative to water service. Authorizes appropriations as necessary to carry out provisions of this Act. Title II: Optional Expanded Ownership - Authorizes the amendment of water contracts between the Secretary and any non-Federal party to conform to provisions of this Act and after such amendment, limits the delivery of water for irrigation purposes to 960 acres of class I lands. Allows the delivery of water in excess of such acreage upon payment by recipients of the full cost of such excess water.
United States · United States Congress · 21 July 1981
Expresses the sense of Congress that the President should: (1) prohibit U.S. participation in the Yamal natural gas pipeline project in the Soviet Union; (2) urge Western European nations and Japan not to participate in such project; (3) propose and enlist the cooperation of Western European nations and Japan in an alternative energy diversification project; and (4) promote this alternative energy diversification project.
United States · United States Congress · 18 June 1981
Amends the Mineral Land Leasing Act of 1920 and the Mineral Leasing Act for Acquired Lands to expand the application of such Acts to include gilsonite and all vein-type solid hydrocarbons. Provides that acreage in special tar sand areas shall not be chargeable against State acreage limitations applicable to oil and gas lease holders. Defines a special tar sand area as an area designated by the Secretary of the Interior as containing substantial deposits of tar sand. Provides that oil and gas lands within a special tar sand area shall be leased by competitive bidding in units of not more than 5,120 acres. Provides that competitive leases in special tar sand areas shall be for a primary term of ten years. Directs the Secretary to review, prior to the commencement of commercial operations, the royalty rates established in each combined hydrocarbon lease issued in special tar sand areas. Permits the owner of: (1) an oil and gas lease issued prior to the enactment of the Combined Hydrocarbon Leasing Act of 1981; or (2) a valid claim to any hydrocarbon resources leasable under the Act based on a mineral location made prior to January 21, 1926, and located within a special tar sand area to convert such lease or claim to a combined hydrocarbon lease for a primary term of ten years. Provides that nothing in this Act shall: (1) affect the existing tax status applicable to production from tar sand; or (2) apply to national parks, national monuments, or other lands where mineral leasing is prohibited. Directs the Secretary of the Interior to apply this Act to any unit of the national park system where mineral leasing is permitted, upon a finding that there will be no resulting significant adverse impacts on such unit or on other contiguous units.
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 · 17 June 1981
Family Protection Act - States as the purposes of this Act the strengthening of the American family and the elimination of governmental policies which diminish its strength and prosperity. Title I: Family Preservation - Establishes a legal presumption in favor of an expansive interpretation of the parents' role in supervising and determining the religious or moral formation of their child. Requires the notification of parents or guardians before a federally-funded program, project, or entity may provide contraceptive or abortion services to an unmarried minor. Prohibits Federal preemption of State laws relating to child or spousal abuse, or juvenile delinquency. Prohibits the expenditure of Federal funds for child abuse programs in any State unless the legislature of such State has specifically authorized such programs. Defines "child abuse and neglect" as physical or mental injury, sexual abuse or exploitation, negligent treatment or maltreatment. Excludes from such definition discipline or corporal punishment applied by a parent or an individual authorized to act in the place of such parent. Amends the Legal Services Corporation Act to prohibit the provision of legal assistance for any proceeding or litigation: (1) to compel an abortion or State or Federal funding for an abortion; (2) to obtain a divorce; or (3) to adjudicate the issue of homosexual rights. Directs the Secretary of the branch of the Armed Forces concerned to deduct from the monthly pay and allowances of a member of such Armed Forces who is living separate from his or her dependents an amount sufficient to provide for the support of such dependents. Prohibits the use of Federal funds by any organization which advocates, promotes, or suggests male or female homosexuality as a life style. Title II: Taxation - Amends the Internal Revenue Code to allow a taxpayer an income tax deduction for contributions to a savings account established to pay his expenses or those of a dependent at an educational institution (pre-school through college). Limits the amount of such deduction to $2,500 for a taxable year and permits only one account to be established on behalf of any individual. Provides for an inflation adjustment of such amount, based on the Consumer Price Index. Exempts from income taxation any distributions from such accounts which are used exclusively to meet the educational expenses of the dependent child. Treats qualified distributions as income to the beneficiary for the taxable year in which the beneficiary attains age 25, and for each of the following nine years, in successive installments equal to ten percent of the total amount of such distributions. Grants tax-exempt status to certain private educational institutions. Provides for the termination of the tax exemption of a school which is found to discriminate in the hiring of teachers or the admission of students on the basis of race, nationality, or ethnic background. Allows individuals who maintain a household which includes a dependent who has reached age 65 a nonrefundable income tax credit not in excess of $250 for the taxable year. Allows such individuals to take an income tax deduction in lieu of the credit. Limits the amount of such deduction to $1,000 for the taxable year. Allows an income tax deduction for contributions to a trust established by a taxpayer to provide care to such taxpayer's parents or handicapped relatives. Limits the amount of such deduction to $3,000 for a taxable year. Provides for the tax exemption of such trusts. Permits married individuals to compute on a separate basis the maximum retirement savings deduction to which each individual is entitled. Permits a maximum deduction of $3,000 for a spouse who is handicapped. Grants tax-exempt status to organizations providing day care for children. Allows contributors to a tax-exempt day care center to claim a business expense deduction for contributions not deductible as a charitable contribution. Allows an additional personal tax exemption of $1,000 for each child born to or adopted by a taxpayer during the taxable year. Permits an exemption of $3,000 for the adoption of a handicapped child over the age of three whose parents are not of the same race or for a child born to the taxpayer who is handicapped. Permits an income tax deduction from gross income for fees, court costs, attorney's fees, and other necessary expenses incurred in the adoption of a child. Limits the amount of such deduction to a maximum of $3,500 ($4,500 for an international adoption), with a $500 deductible. Title III: Education - Amends the General Education Provisions Act to prohibit payments under such Act to Federal, State, or local educational agencies or institutions which: (1) prohibit the involvement of parents and representatives of the community in decisions relating to the establishment or continuation of religious studies; (2) limit parental visits to public schools or classes or the right of parents to inspect their children's school records; (3) require the payment of dues or fees as a condition of employment for teachers; or (4) prohibit parental review of textbooks prior to their use in the classroom. States that no Federal funds may be made available for textbooks which do not reflect a balance between the status role of men and women and do not contribute to the American way of life. Guarantees the right of any State or local educational agency to set qualifications for teachers, set attendance requirements for students, and to limit or prohibit the intermingling of sexes in sports or other school-related activities. Amends the National Labor Relations Act to exclude from the definition of "employer" any corporation or association operating a school. Amends the Elementary and Secondary Education Act of 1965 to authorize appropriations for the payment of allotments to States for the financing of elementary and secondary school programs. Directs the Secretary of Education to terminate the payment of such allotments if the programs for which funds are paid no longer comply with specified requirements. Permits judicial review of any finding of the Secretary with respect to applications for funding or termination of payments to a State. Prohibits the exercise of Federal control over the curriculum, administration, or personnel of any State or local school system. Repeals certain titles of such Act providing: (1) financial assistance to meet special educational needs of children; (2) basic skills improvement; (3) special projects; (4) educational improvement, resources, and support; (5) bilingual education programs; and (6) additional special programs. States that nothing in this Act or in other Federal law shall prohibit release time for parenthood education to be conducted by churches or parents. Amends the Legal Services Corporation Act to prohibit the provision of legal assistance in any proceeding or litigation relating to racial quotas or the desegregation of elementary or secondary schools. Title IV: Voluntary Prayer and Religious Meditation - Voluntary Prayer and Religious Meditation Act of 1981 - States that each individual shall have the right to participate in voluntary prayer or religious meditation in any public building or other building supported by Federal funds. Prohibits Federal, State, or political subdivisions from abridging the free exercise of such prayer or meditation. Authorizes civil actions for violations of this title. Title V: Rights of Religious Institutions and Educational Affiliates - Prohibits the Federal Government from imposing legal requirements upon the operation of a church organization which sponsors a child care center, orphanage, foster home, social action training program, emergency shelter for abused children or spouses, school, or juvenile delinquency or drug abuse treatment center or home. Title VI: Miscellaneous - Grants jurisdiction to U.S. district courts to hear any cases arising under this Act. Provides for a six-year statute of limitations on actions brought under this Act. Requires the Secretary to report to Congress on the administration of this Act and the progress of the States in effectuating its provisions. Authorizes appropriations to carry out the provisions of this Act.
United States · United States Congress · 16 June 1981
Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold, aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act; or (4) attempted to kill the President of the United States. Sets forth special aggravating factors with respect to the crimes of treason and espionage. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on a unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Allows the death penalty to be imposed for the murder of foreign officials and for an offense of kidnapping resulting in the death of any person. Eliminates the death penalty for the crime of rape. Authorizes the death penalty for the crime of attempting to kill the President of the United States if the attempt results in bodily injury to the President or otherwise comes dangerously close to causing his death. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination.
United States · United States Congress · 2 June 1981
Interstate Compacts - Grants the consent and approval of Congress to amendments made by the District of Columbia, Virginia, and Maryland to the Washington Metropolitan Area Transit regulation compact which delete the requirement that laborers and mechanics employed by the contractors and subcontractors of the Washington Metropolitan Area Transit Authority be paid wages at rates not less than those prevailing on similar construction in the locality in accordance with the Davis-Bacon Act.
United States · United States Congress · 28 May 1981
Prohibits the Federal Trade Commission from investigating or taking any action concerning any State regulated profession until Congress enacts legislation which expressly provides that the Commission has authority over professions and that the Commission's authority preempts State authority. Vacates any such action taken during the period beginning on May 28, 1981, and ending on the date of enactment of this Act.
United States · United States Congress · 27 May 1981
Amends the Urban Mass Transportation Act of 1964 to exempt construction contracts and subcontracts financed by loans or grants made to the Washington Metropolitan Area Transit Authority under such Act from the prevailing wage provisions of the Davis-Bacon Act.
United States · United States Congress · 20 May 1981
Public Land Reform Act of 1981 - Title I: Short Title; Findings and Declaration of Policy; Definitions - Declares that the Federal Government retains ownership of substantial territory considered unreserved unappropriated public lands in States wholly west of the one-hundredth meridian. Provides that it is the policy of this Act to place all such lands, presently held in trust for the States in which they are situated, in State ownership. Excludes from the definition of unreserved unappropriated public lands the following: (1) lands within the boundaries of national parks, national monuments, and national wildlife and migratory bird sanctuaries established prior to May 1, 1981; (2) designated units of the National Wilderness Preservation System; (3) lands within boundaries of military and Indian reservations; (4) lands essential to the operation, maintenance, and access to the U.S. Corps of Engineers, the U.S. Water and Power Resources Services projects, and designated highways; (5) lands necessary to the operation, maintenance, and access to shipyards, docks, security and defense establishments, magazines, arsenals, and Federal buildings; (6) lands selected under the Alaska Native Claims Settlement Act and other applicable law; and (7) lands within the boundaries of any national forest. Title II: Federal Land Transfer Board - Authorizes the Governor of any State seeking to acquire such unreserved and unappropriated lands to petition the President within ten years of the enactment of this Act to establish a Federal Land Transfer Board for such State. Directs the President to establish such a Board consisting of State and Federal members within 90 days of the receipt of such an application. States that the Board shall serve until all conveyances of such lands within the State are carried out. Requires each Federal Land Transfer Board to coordinate its activities with the State management agency established pursuant to this Act. Directs each Board to carry out the required land transfers within two years of its determination that a State's application meets the requirement of this Act. Empowers the Land Transfer Boards to resolve land claims and disputes arising from the implementation of this Act. Grants any State aggrieved by a decision of a Land Transfer Board on its application the right to public hearing and review before the Board. Empowers the United States courts of appeals to hear appeals from final order of the Boards. States that judicial review shall be on the record made before the Board and that the Board's findings shall be conclusive if supported by substantial evidence. Prohibits members of the Board from directly or indirectly receiving compensation as a result of any land transfer carried out pursuant to this Act. Title III: State Land Management Agencies - Requires each State seeking the conveyance of unreserved and unappropriated land under this Act to establish a State land management agency to: (1) hold any transferred lands in trust for all people of the United States; (2) protect the interests of persons who have acquired rights in such land under Federal law; (3) provide for an ongoing inventory and study of public lands within the State with a view toward determining the best methods of management and utilization; (4) provide for the continued annual payments to units of local government in which entitlement lands are situated; (5) transfer to the United States those property interests necessary to continue lawful, Federal activities; and (6) continue to administer lands previously administered by the United States pursuant to a treaty or interstate compact in conformance with the terms of such treaty or compact. Title IV: Conveyance From State Ownership - Prohibits any State from conveying lands conveyed to it by the Federal Land Transfer Board unless such land is difficult and not economical to manage, or no longer necessary for the purpose for which it was acquired, or disposal of it will serve important public objectives. Title V: Miscellaneous - Declares that the United States shall retain control over the oceans, seas, navigable rivers, streams, and lakes, and projects of the Corps of Engineers and Water and Power Resources Service. Directs the President to modify agreements with other nations if necessary to implement this Act. Grants the consent of Congress to any interstate compact relating to the management and use of such lands if it has been approved by the appropriate Federal Land Transfer Boards. Grants the consent of Congress to any amendments to the Enabling Act of a State receiving a conveyance of land which may be necessary to revoke any disclaimer to title of public lands not granted by the United States to the State. Requires the Secretary of the Interior to report to the Congress, within 18 months of enactment of this Act, on the results of a study of the relative costs and benefits of Federal and State land management activities. Authorizes sums as may be necessary to carry out provisions of this Act.
United States · United States Congress · 13 May 1981
Expresses the sense of the Congress that Syria should cease and desist off-limits placement of surface-to-air missiles and firing at Israeli patrol jets.
United States · United States Congress · 12 May 1981
Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury to prepare brief but comprehensive pamphlets which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the Internal Revenue Service (IRS) may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such pamphlet to accompany the first communication from the IRS to any taxpayer regarding tax liability. Establishes within the IRS an Office of Taxpayer Services, directed by an Assistant Commissioner of Internal Revenue, whose primary responsibilities shall include: (1) assisting taxpayers with information about tax returns, audit corrections, appeals procedures, and payment or document location; and (2) receiving and evaluating complaints of improper, abusive, or inefficient service by IRS personnel. Authorizes the Assistant Commissioner for Taxpayer Services to issue a Taxpayer Assistance Order prohibiting the Secretary, for up to 60 days after such issuance, from taking any assessment, collection, or other action adverse to a taxpayer if the Assistant Commissioner determines that such taxpayer is suffering from an unusual, unnecessary, or irreparable loss as a result of such action. Amends the Internal Revenue Code to prescribe criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual which are not directly related to such tax laws; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation, or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Requires the IRS, upon a taxpayer's request, to conduct any interview regarding a deficiency assessment in the taxpayer's residence or place of business, at a reasonable time convenient to the taxpayer. Requires the officer or employee conducting such interview to warn the taxpayer that: (1) he has a right to remain silent; (2) any statement he makes may be used against him; and (3) he has the right to the presence of an attorney. Exempts certain income producing property from levy for nonpayment of taxes. Directs the Comptroller General of the United States to establish, and to report annually to Congress on, a program to provide for a continuing audit and investigation of the efficiency, uniformity, and equity of the administration of the internal revenue laws of the United States.
United States · United States Congress · 12 May 1981
Directs the Secretary of the Interior to permit the National Committee of American Airmen Rescued by General Mihailovich to construct and maintain a monument to General Draza Mihailovich in recognition of the role he played in saving the lives of approximately 500 United States airmen in Yugoslavia during World War II. Provides that such monument shall be located on Federal public land within the District of Columbia. Directs that private funds shall be the sole source for the construction and maintenance of such monument.
United States · United States Congress · 7 May 1981
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal who enters into a contract with a sales representative for the solicitation of orders for merchandise of the principal to furnish specified information to the representative, including monthly commission statements. Enumerates items to be included in any written contract between a principal and sales representative in order to conform with this Act. Title II: Indemnification - Exempts principals who have entered into a written contract in conformity with title I from the indemnification requirements of this title. Requires any principal to indemnify a sales representative in accordance with this title if such principal: (1) without good cause terminates a representative's assignment or reduces the geographical territory assigned to a representative; (2) reduces the rate of commission paid to a representative; or (3) reduces the number of accounts assigned within a geographical territory. Sets forth a formula for the indemnification of such representatives. Title III: Miscellaneous - Permits actions to be brought in Federal district court to enforce the rights or liabilities of this Act.
United States · United States Congress · 30 April 1981
Title I: Short Title, Findings, and Purposes - National Minerals Security Act of 1981 - Sets forth findings and purposes. Title II: Mineral and Material Planning and Availability - Establishes the Council on Materials and Minerals to develop and implement a national minerals and materials policy. Title III: Domestic Mineral Resource Potential - Directs the Secretary of the Interior to: (1) review land use plans developed under the Federal Land Policy and Management Act of 1976; (2) consider the suitability of such public lands for mineral location and leasing; and (3) revise such plans accordingly. Requires any land use plan prepared under such Act and any review and any review conducted under this Act to: (1) contain an estimate of potential mineral resources; and (2) consider the development and extraction of any significant mineral deposit as a dominant use. Directs the Secretary to determine the number of acres of Federal lands withdrawn, classified, restricted, or closed to mineral location or leasing and the number of acres of land made available for mineral location and leasing under this title and to report the results to Congress. Requires the Secretary to publish a notice in the Federal Register at least once every two years requesting the nomination of lands withdrawn, classified, restricted, or closed to be reviewed. Requires the Secretary to review lands nominated by any person to determine the suitability of such lands for mineral location or leasing. Extends the December 31, 1983, mining expiration date in the Wilderness Act to December 31, 1993. Title IV: Mineral and Material Data Acquisition and Analysis - Directs the Secretary to transfer the State Mining and Mineral Resources and Research Institutes to the administrative jurisdiction of the Bureau of Mines. Makes the Bureau the principal Federal agency for mineral data collection, compilation, analysis, and dissemination. Requires the Bureau and the U.S. Geological Survey to undertake stated activities directed towards ensuring an adequate supply of minerals and materials. Title V: Capital Formation and Taxation - Amends the Internal Revenue Code to: (1) define air or water pollution control facilities for purposes of the exclusion of interest on industrial development bonds; and (2) permit a deduction for the amortization of the amortizable basis of a pollution control facility, based on any amortization period of from one to 60 months. Title VI: Regulatory Reform - Amends the Administrative Procedure Act to require that notice of a proposed rule published in the Federal Register include: (1) a statement of the need for and objectives of the proposed rule; and (2) a description of all reasonable alternative public or private means for achieving the objectives of the proposed rule, together with an explanation of how the proposed rule achieves the objectives at lower cost or with fewer adverse effects than the alternatives. Requires an agency, after giving notice and giving interested persons the opportunity to participate in the rulemaking process, to conduct additional proceedings if the comments received from those interested reveal that there are disputed factual issues. Requires such proceedings to include informal public hearings, meetings or conferences, mediation, presentation of witnesses for direct and cross-examination, and additional opportunity for preparation of written rebuttals to any materials required in the notice of proposed rulemaking. Title VII: National Defense Stockpile - Amends the Strategic and Critical Materials Stock Piling Act to require that all moneys received from the sale of materials in the National Defense Stockpile be transferred to the National Defense Stockpile Transaction Fund and be available only to acquire strategic and critical materials. Title VIII: Antitrust Restrictions - Directs the Attorney General to review antitrust laws, rules, and regulations to determine the extent to which they are consistent with the policy of this Act. Title IX: Foreign Policy - Directs the Secretary of the Interior to: (1) conduct an analysis of the foreign mineral and materials information requirements and resources of all executive branch departments and agencies; (2) direct the centralization of responsibility for the maintenance of a coordinated repository of foreign mineral, material, and related information in the Bureau of Mines; and (3) ensure that the Bureau maintains its foreign mineral, material, related information repository to be responsive to the information needs of all Federal agencies. Amends the Mining and Minerals Policy Act of 1970 to require the Secretary of State to report annually to the Secretary of the Interior concerning foreign policy as it relates to the availability of minerals for domestic use.
United States · United States Congress · 29 April 1981
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer or dealer of firearms a person who manufactures or deals as a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Stipulates that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has probable cause to believe that a violation has occurred and that evidence may be found on the premises. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years' imprisonment (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Deletes the prohibition against concurrent sentences. Prohibits the granting of parole to first and subsequent offenders. Stipulates that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect person or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Establishes a Congressional veto procedure with respect to firearms regulations. Authorizes either House of Congress to adopt a resolution of disapproval within 90 days of the rule's promulgation. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Makes any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 29 April 1981
Establishes a Prisoner of War Medal to be awarded by the President in the name of Congress to any person who while serving on active duty as a member of the armed forces of the United States was held by any force hostile to the United States as a prisoner, internee, or hostage.
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.
![Official portrait of Rep. Rudd, Eldon D. [R-AZ-4]](https://www.congress.gov/img/member/r000495_200.jpg)