United States · United States Congress · 30 March 1982
Indian Housing Act of 1982 - Declares it to be the policy of the United States to provide grants, financing, and loan guarantees to assist Indians in obtaining decent, safe, and sanitary housing. Title I: Indian Housing Improvement Program - Establishes an Indian housing improvement program to make grants or provide assistance to preserve existing housing, make repairs, and construct or acquire standard housing for Indians. Authorizes the Secretary of the Interior, upon application of an Indian tribe or individual, to make grants or provide assistance to assist Indian families who are not eligible for housing assistance under titles II or III of this Act because of low income or extremely isolated circumstances. Requires that grants or assistance under this title be consistent with plans and priorities established by tribes. Authorizes the Secretary, in providing such assistance, to: (1) make direct grants to individual Indians; (2) enter into agreements with tribes or tribal housing agencies; (3) contract with private construction firms; or (4) have repairs or new construction performed directly by the Bureau of Indian Affairs. Authorizes a tribe or tribal housing agency, with respect to such agreements, to require an assisted family to make a monthly payment, not to exceed the amount of an administrative charge or an amount satisfactory to the Secretary, to be used solely for tribal housing-related activities. Permits grants or assistance under this title to be used, under specified conditions, to finance: (1) minor repairs and additions; (2) major repairs, renovations, and enlargements; and (3) the construction or acquisition of new standard housing. Requires appropriate insurance for such housing, unless waived by the Secretary. Directs the Secretary to insure that a lien upon fee land is recorded under appropriate State law whenever a house constructed, acquired, or repaired pursuant to this title is located on such land. Prohibits the Secretary from approving the sale or lease of trust land upon which a house is located, constructed, acquired, or repaired pursuant to this title unless: (1) funds provided under this title are reimbursed to the United States in an amount equal to the initial cost reduced by ten percent per year; and (2) the tribe has first refusal on the sale of houses located on tribal land. Authorizes appropriations, beginning in FY 1983, to carry out this title in each fiscal year. Title II: Indian Housing Finance Fund - Establishes an Indian housing finance fund to provide financing to Indian tribes for the construction, acquisition, or rehabilitation of standard housing for Indian families who are: (1) unable to obtain financing from other sources on reasonable terms and conditions; (2) not eligible for assistance under title III of this Act; and (3) able to meet the minimum monthly payment required by this title. Requires a tribe, as a prerequisite for eligibility for financing from the fund, to submit a tribal housing plan for approval by the Secretary. Sets forth required inclusions in such plan and in applications for financing from the fund. Sets forth criteria upon which applications shall be evaluated and approved. Requires that tribal housing agencies be established to implement housing project agreements. Sets forth requirements for project agreements. Empowers the Secretary, under conditions specified in the project agreement, to attach any obligated or unobligated funds held by the United States in trust for the benefit of any Indian or Indian tribe. Prohibits the Secretary from rejecting an application or refusing to enter into a project agreement, and prohibits a tribal housing agency from refusing to execute a housing assistance contract, on the basis that a tribe or individual Indian has no trust funds to their credit. Provides for a period of notice, prior to attachment of trust funds, during which a tribe may: (1) pay the amount in default; (2) negotiate a repayment schedule; or (3) institute administrative appeals. Sets forth requirements relating to: (1) disbursements from the fund; (2) construction or acquisition contracts; (3) final plans and specifications; (4) fee titles and leases; and (5) land purchases. Sets forth provisions for: (1) housing assistance contracts between eligible Indian families and tribal housing agencies; (2) minimum monthly payments to such agencies by such families; and (3) residual receipts to be deposited in the fund by such agencies. Makes tribal housing agencies responsible for implementation of monitoring and construction inspection procedures. Makes the technical staff of the Indian Health Service within the Department of Health and Human Services responsible for providing recommendations to the Secretary with respect to the adequacy of such procedures to assure compliance with minimum housing standards and project plans and specifications. Sets forth bonding requirements. Makes maintenance and utilities costs the responsibility of participating families. Sets forth contract bidding requirements. Permits tribal housing agencies to formulate Indian affirmative action plans satisfactory to the Secretary. Sets forth provisions relating to: (1) family sale or purchase of houses constructed, acquired, or rehabilitated with funds under a project agreement; (2) inheritance or assignation of family contractual interests in such housing; and (3) abandoned houses. Authorizes tribal housing agencies to use project agreement funds to assist Indian families in making down-payments on standard housing to be financed through other sources of credit, under specified conditions. Requires tribal housing agencies to require that families with specified incomes provide evidence that at least two area lending institutions rejected home loan applications before such families are eligible for housing assistance under this title. Authorizes appropriations to carry out this title in FY 1983 and thereafter. Title III: Indian Housing Loan Guaranty Fund - Establishes an Indian housing loan guaranty fund to provide access to sources of private financing for Indian families who otherwise would not be eligible for housing credit because of Federal laws restricting the mortgage or other encumbrance of trust land. Authorizes the Secretary to guarantee up to 100 percent of the unpaid principal and interest due on any loan made to an Indian for the acquisition or construction of a standard house, on trust land. Sets forth provisions relating to such loans security, interest, premium charges, applications, sale or assignment, maturity, default, collection, and reimbursement guaranty. Sets forth requirements for lenders. Creates an Indian housing guaranty fund to be available to the Secretary as a revolving fund to carry out this title. Requires that this title's guaranteed loan program be operated separately from the Indian housing finance fund under title II of this Act and that no designated funds be transferred from one program to the other. Authorizes appropriations for FY 1983 through FY 1987 in specified amounts and thereafter in such amounts as necessary to maintain a specified guaranty fund balance. Sets forth permissible uses of such guaranty fund. Limits the aggregate outstanding principal amount which may be guaranteed by the Secretary. Sets forth provisions relating to guaranty fund assets, liabilities, and obligations and to servicing or purchasing guaranteed loans. Title IV: Miscellaneous Provisions - Directs the Secretary to establish in the Bureau of Indian Affairs an Office of Indian Housing Programs with primary responsibility for administering the programs created by this Act. Authorizes the Secretary to provide technical assistance to Indian tribes for housing plan development and implementation and for application preparation and submission. Directs the Secretary to provide for establishment of a training program to develop understanding by the participating families of the roles and responsibilities of the tribal housing agency, the Government, and participants under titles I and II. Requires that such program include basic home maintenance training. Allows up to one percent of funds appropriated under authority of titles I and II to be used to provide such technical assistance and training. Makes the Indian Health Service responsible for provision of water and sanitation facilities for houses constructed, acquired, or rehabilitated with assistance provided under this Act. Directs the Secretary to coordinate such activities and responsibilities with the Secretary of Health and Human Services. Directs the Secretary to continue to provide all-weather access roads to multiunit projects constructed under this title through existing road programs and authorizations. Directs the Secretary to: (1) conduct a biannual housing inventory of current Indian housing needs and conditions to be used for purposes of specified title II provisions; and (2) submit a copy of such inventory to the Congress.
United States · United States Congress · 11 March 1982
National Diffusion Network Act - Directs the Secretary of Education to carry out a program to promote the spread of exemplary educational programs, products, and practices to interested elementary and secondary schools. Requires the Secretary to provide information, materials, training, technical assistance, and evaluations. Authorizes the Secretary to make grants to, and contracts with, public and nonprofit private educational institutions and organizations to carry out such program. Declares that such program shall be deemed to be a continuation of the National Diffusion Network for which provision is made under the Education Consolidation and Improvement Act of 1981. Directs the Secretary to allocate funds available under such Act to such program. Authorizes additional appropriations, if necessary, to carry out such program in FY 1983 through FY 1986.
United States · United States Congress · 10 March 1982
Provides for the use and distribution of funds awarded the Shawnee Tribe in specified judgments by the Indian Claims Commission and the U.S. Court of Claims. Directs the Secretary of the Interior to allocate the funds among the Absentee Shawnee Tribe of Oklahoma, Eastern Shawnee Tribe of Oklahoma, and Cherokee Band of Shawnee descendants. Allocates 75 percent of the funds provided the Absentee Shawnee Tribe for per capita payments and 25 percent for specified construction and tribal programs. Allocates 80 percent of the funds provided the Eastern Shawnee Tribe for per capita payments and 20 percent for a tribal land purchase program. Allocates all of the funds provided for the Cherokee Band of Shawnee descendants for per capita payments. Exempts funds distributed under this Act from Federal or State income taxes and from being used in determining eligibility for Social Security assistance.
United States · United States Congress · 3 March 1982
Community Air Service Act of 1982 - Amends the Federal Aviation Act of 1958 to continue Civil Aeronautics Board (CAB) authority to require air carriers to establish just and reasonable joint fares. Transfers the authority of the CAB over joint rates, fares, and charges to the Department of Transportation. Sets forth procedures concerning the establishment and division of such joint fares. Terminates the authority of the CAB and the Secretary in regard to such joint rates six years after enactment of this Act.
United States · United States Congress · 1 March 1982
Comprehensive Smoking Prevention Education Act of 1982 - Amends title XVII (Health Information and Health Promotion) of the Public Health Service Act to establish in the Department of Health and Human Services an Office of Smoking and Health to inform the public of the health hazards of cigarettes. Sets forth the Office's authority and duties, including conducting research and assisting educational programs directly or through grants. Establishes an Interagency Committee on Smoking and Health to be composed of representatives from the Departments of Labor and Education, the Federal Trade Commission, and any other Federal agency designated by the Secretary of Health and Human Services. Directs such Committee to meet at least four times a year and names the Director of the Office of Smoking and Health as chairman. Directs the Secretary of Health and Human Services to report annually to the Congress. Amends the Federal Cigarette Labeling and Advertising Act to make it unlawful to advertise or export cigarettes without the required labeling (repeals the existing export exemption). Makes it unlawful to manufacture, package, import, or export cigarettes containing any chemical substances without the label so stating. Directs the Federal Trade Commission (FTC) to establish a cigarette labeling system under which each brand of cigarettes shall bear a different specified health warning each year of a seven-year cycle. Eliminates certain congressional notification and reporting requirements. Increases the fine for violation of such Act from $10,000 to $100,000. Permits individual civil actions to be brought in U.S. district courts for violations of such Act. Requires a plaintiff to give 60-day notice to the FTC and the defendant. Permits intervention and consolidation. Allows the court to award attorneys fees and other costs.
United States · United States Congress · 3 February 1982
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of Congress, a gold medal to Admiral Hyman George Rickover in recognition of his distinguished service and for his contributions to the development of safe nuclear energy and to the defense of the United States. Directs the Secretary of the Treasury to provide for a gold medal with suitable emblems, devices, and inscriptions. Authorizes appropriations to carry out such provision. Authorizes the Secretary to make available bronze duplicates of such medal for sale under regulations he prescribes and in accordance with provisions of this Act.
United States · United States Congress · 2 February 1982
Extends congratulations from the Congress to the Italian Government and its antiterrorist police forces for the successful rescue of Brigadier General James L. Dozier. Extends to General Dozier and his family best wishes for a quick recovery and return to normal life.
United States · United States Congress · 28 January 1982
Expresses the opposition of Congress to the imposition of any withholding of tax requirements on interest-bearing bank accounts and on the receipts from dividends.
United States · United States Congress · 16 December 1981
Clean Air Amendments of 1981 - Amends the Clean Air Act ("the Act") to revise provisions applicable to stationary and mobile sources of air pollution. Declares that such revision is for the purposes of: (1) preserving the basic framework and purposes of the Act; (2) continuing unchanged the Act's statutory requirements for setting and revising national ambient air quality standards (NAAQS) (both "primary" NAAQS, relating to human health; and "secondary" NAAQS, relating to other "welfare" factors); (3) lessening the complexity in the process of achieving those standards and other requirements of the Act; (4) expediting the review and approval process for State implementation plans (SIPs); (5) providing reasonably appropriate extensions of time for States to attain NAAQS and providing administrative flexibility for States and the Administrator of the Environmental Protection Agency (EPA) to achieve the purposes of the Act in a timely and reasonably effective way; (6) ensuring adequate consideration of economic, energy, safety, environmental, employment, and other relevant factors in achieving NAAQS and other requirements; (7) supporting training programs for State and local governments; and (8) providing sufficient budget authority and personnel for the Administrator to enable the EPA and the States to carry out the Act in a timely and efficient manner without undue reliance on contractors. Title I: Amendments Relating Primarily to Regulation of Stationary Sources - Revises title I (Air Pollution Prevention and Control) of the Act. Use of Best Available Data - Requires that the best available data obtained by monitoring or modeling be used in revisions of a list of air quality control regions that do not meet specified standards. Provides that, where available, "reliable monitoring data" shall be considered "the best available data." Directs the Administrator to decide upon "the best available data" and "reliable monitoring data." State Plans and State Implementation Plans Revision Process - Revises deadlines for development of State implementation plans (SIPs) to extend the current nine-month period to "a reasonable time as determined by the Administrator (but not to exceed two years)." Directs the Administrator to participate in public hearings conducted by a State, where appropriate to expedite the approval of any SIP revision. Authorizes the Administrator, with the consent of the State, to jointly conduct such hearings. Sets forth new provisions for a State Implementation Plan Revision Process. Directs the Administrator to publish prompt notice of any State submission of any SIP revision. Provides for a written comment period of 30 to 70 days. Permits the Administrator to approve or disapprove the SIP revision, without additional proceedings, where the revision was submitted after State administrative proceedings certified by the State to be at least comparable to specified Federal rulemaking proceedings (including reasonable notice and public hearing) and after the written comment period. Authorizes the Administrator to conduct additional proceedings within a specified period. Directs the Administrator to approve or disapprove the SIP revision 70 to 120 days after submission. Allows the Administrator to: (1) extend for up to 60 days the periods for submission of written comments and for final approval or disapproval; and/or (2) conduct additional proceedings. Requires published notice of and reasons for such extension. Requires published notice of approval or disapproval before the expiration of the 120-day period or the extended period. Deems any SIP revision that has not been approved or disapproved before the expiration of the required (or extended) period to have been approved. Directs the Administrator to publish notice and a copy of the revision, at the expiration of such period (or extension). Provides that specified "noncontroversial revisions" of SIPs shall be deemed approved upon adoption by a State. Requires a State, upon adoption of a noncontroversial SIP revision and expiration of a 30-day written comment period, to transmit notice, to the Administrator and the Federal Register, to be published as if it were a revision promulgated by the Administrator. Defines a "noncontroversial revision" as one: (1) for which no person has filed a written objection based on any provision of the Act or any regulation in effect under the Act; and (2) which is adopted by the State pursuant to Administrator-approved procedures (including reasonable notice and opportunity for participation by the public and the Administrator). Prohibits treating as a noncontroversial revision any change in a stationary source emission limitation, compliance schedule or timetable, or permit provision, until the Administrator has promulgated certain regulations requiring that such changes be limited to a stationary source already in operation and do not permit emissions increases in excess of an amount deemed by rule to be significant. Directs the Administrator to take specified factors into account in promulgating such regulations. Applies the term "noncontroversial revision" also to any revision relating only to specified information requirements. Permits State variances that are SIP revisions issued on a six-month emergency basis to be treated as approved revisions under a process similiar to that for noncontroversial revisions. Directs the Administrator to conduct periodic audits of SIPs and other State activities under the Act. Directs the Inspector General to periodically review, and report to Congress on, the Administrator's audit activities. Directs the Administrator to notify a State of information derived from such audits. Authorizes the Administrator, in addition to requiring appropriate State revision or invoking Federal revisions, to suspend the application of the new SIP revision process where a State fails to correct any deficiency or problem within an appropriate period. Requires that audit reports be available to the State and the public. Allows the Administrator to grant an extension of up to four years (currently a two-year extension) for SIP compliance with NAAQS. Specifies that the Administrator may delegate approvals or disapprovals of SIPs or SIP revisions. New Source Performance Standards - Revises provisions for New Source Performance Standards (NSPS) to limit the application of percentage reduction requirements (under which coal-burning facilities must remove a certain percentage of sulfur emissions) to those categories of stationary sources to which such requirements apply under regulations in effect on December 31, 1981. Enforcement - Provides a one-year period for compliance after issuance of specified Federal enforcement orders (not including Federal orders relating to violations of national emission standards for hazardous air pollutants or State enforcement orders). Repeals a requirement that the Administrator seek an injunction or assess a civil penalty in the case of any major stationary source not in compliance within 30 days of such a Federal enforcement order. Provides discretionary authority for the Administrator to seek injunctions or assess penalties in such cases or in any other cases of noncompliance beyond 30 days of such orders (and continues such discretionary authority in cases not involving major stationary sources). Directs the Administrator to carry out specified enforcement authorities through the use of full-time Federal officers or employees. States that contractors should be used only as necessary to provide technical support for such enforcement. Prohibits the Administrator from contracting with anyone other than a full-time Federal officer or employee to provide legal assistance for such enforcement. Requires (currently allows) each State to develop and submit to the Administrator a plan for carrying out noncompliance penalty provisions in such State. Repeals the authority of the Administrator to carry out noncompliance penalty provisions in a State under certain conditions. Authorizes (currently requires) the State, or the Administrator if the State has not received a delegation, to carry out penalty provisions to assess and collect a noncompliance penalty in specified circumstances. Authorizes the State to grant exemptions from penalties in cases of minor noncompliance (and continues the authority of the Administrator, when appropriate, to do so). Repeals a requirement that the Administrator send notices of noncompliance to specified persons, in the event the State fails to send such notices. Requires persons receiving such notices to submit a calculation of the amount of penalty owed and a schedule of payments within a reasonable period prescribed by the Administrator or the State (currently requires such submission within 45 days of notice issuance or petition denial). Makes a similar change in the deadline for submissions of petitions challenging such notice or alleging entitlement to an exemption. Provides that public hearings on such petitions be conducted by the Administrator or the State, as appropriate, and that decisions on such petitions be made within a reasonable time (currently requires the Administrator to hold such hearings unless the State agrees to do so and currently requires a decision within 90 days after receipt of the petition). Repeals provisions authorizing the Administrator to review State decisions on such petitions and requiring such review under certain conditions. Authorizes the State or the Administrator, as appropriate, to adjust or compromise any penalty assessment if the source is in compliance. Repeals provisions for: (1) final adjustments of penalties after compliance; and (2) Administrator objections to, and substitutions for, State noncompliance penalties. Revises requirements for noncompliance penalty assessed amount determinations and payment schedules. Attainment Date Extensions - Permits States to receive up to five-year extensions beyond the December 31, 1982, primary NAAQS attainment date for pollutants in nonattainment areas (the Act currently permits extensions up to December 31, 1987, for carbon monoxide and photochemical oxidants). Requires, in order to receive such extensions, that a State: (1) certify to the Administrator that attainment is not possible before December 31, 1982, despite implementation of all reasonably available measures; and (2) commit itself to not modifying State nonattainment plan provisions so as to adversely affect reasonable further progress. Directs the Administrator to publish notice of such certification and afford an opportunity of not more than 60 days for public comment, including a hearing where appropriate. Directs the Administrator, if satisfied that such attainment is not possible, to extend the deadline to a date providing for attainment as expeditiously as possible, but not later than December 31, 1987. Grants the Administrator discretionary authority, upon State application and after notice and public hearing, to provide an additional extension of an attainment date for any NAAQS, for up to six years beyond the December 31, 1987 extension. Conditions such additional extensions on a State demonstration that: (1) reasonable further progress toward attainment has been made during the previous extension period; (2) air quality problems are so severe and persistent, for identified reasons, that the previous extended deadline cannot be attained; (3) all applicable SIP provisions, including those relating to legislative and funding actions and reasonably available control technology are being adequately implemented; (4) an approved program has been adopted and implemented applicable to in-use motor vehicle emissions (including a vehicle inspection and maintenance program, where appropriate in the case of carbon monoxide and photochemical oxidants; and (5) a reasonable and practical program for attainment within a specified period has been submitted as a revision of the SIP. Directs the Administrator to: (1) promulgate regulations for determining the terms of such additional extensions; and (2) annually audit the progress of any State that has not attained a NAAQS by the additional extension deadline. Prohibits issuance of a construction or modification permit for any major stationary source which emits a pollutant for which a NAAQS has not been attained by the appropriate deadline. Permits case-by- case waivers of such prohibition for the construction of any new stationary source to replace an existing stationary source, upon determination that emissions from the new source of each air pollutant for which the area is designated a nonattainment area will be less than such emissions from the existing source. Directs the Administrator to: (1) enforce such permit requirements by issuing an order or bringing a civil action; and (2) seek an injunction or assess a civil penalty for violations of such prohibitions against construction or modification. Nonattainment (other amendments) - Revises other part D provisions for permit requirements in nonattainment areas to require that proposed new or modified major stationary sources comply with the best available control technology (BACT) standard, in the case of permits issued on or after the date 180 days after the enactment of this Act (compliance with the lowest achievable emission rate (LAER) standard is thus required only for permits issued before such date). Repeals a requirement that SIP provisions for nonattainment areas establish a specific schedule for implementation of a vehicle emission control inspection and maintenance (I and M) program in order to qualify for a deadline extension in meeting the primary NAAQS for photochemical oxidants or carbon monoxide. Requires that SIP nonattainment provisions for urban areas with greater than 500,000 population in which the 1981 photochemical oxidants and/or carbon monoxide level exceeded the respective primary NAAQS by 50 percent or more must contain a cost-effective program applicable to in-use motor vehicle emissions and not inconsistent with title II (Emission Standards for Moving Sources) of the Act. Requires that such program include an I and M program, if the Administrator deems this appropriate. Allows a State to decide that the I and M program will apply first to motor vehicle fleets and commercial operators and then, when the State determines necessary for attainment, to other vehicles. Permits any State to: (1) continue an I and M program for any nonattainment area which does not fall under the new requirements concerning urban areas with the above-mentioned population and pollution areas; or (2) submit revisions to modify or eliminate such program. Makes specified emissions level requirements for construction and operation in nonattainment areas inapplicable in the case of any SIP under which: (1) all new major stationary sources are required to comply with the best available control technology (BACT) standard; (2) an adequate emissions inventory is maintained; (3) all existing major stationary sources will be in compliance with emission limitations based upon reasonably available control technology (RACT) not later than 1987 (or earlier, as appropriate); and (4) notwithstanding the construction of new major stationary sources, there is a program for obtaining such annual reductions in emissions as represent reasonable further progress. Repeals provisions for Federal authority to withhold Federal grant funds for sewage treatment and highways in cases of noncompliance with the Act. Prevention of Significant Deterioration - Revises provisions for Prevention of Significant Deterioration of Air Quality (PSD). (PSD provisions currently specify allowable short-term and long-term "increments" of emissions of sulfur oxide and particulate matter - regulations for other pollutants are not yet final - in areas with cleaner air than that required by NAAQS. Currently the smallest increments are allowed in "class I" areas, which include "statutorily designated" large national parks and wilderness areas, with larger increments in "class II" areas, and the largest increments in "class III" areas.) Repeals the "increment" limitations (specified "maximum allowable increases over baseline concentrations") for class II and class III areas. Allows, in class I areas, the short-term increment limitation to be exceeded five times per year (currently only one short-term excess is permitted). Permits State Governors to rule that concentrations of particulate matter attributable to fugitive dust from specified sources shall not be taken into account in determining compliance with maximum allowable increases in ambient concentrations, unless the Administrator rules that the inclusion of such fugitive dust is necessary to carry out the purposes of PSD provisions. Eliminates provisions for PSD area redesignations as class III areas. Revises PSD preconstruction review analysis requirements to grant discretion to the permitting authority in determining whether continuous air quality monitoring data is necessary to determine whether emissions from a facility will exceed maximum allowable increases (class I area increments) or maximum allowable concentrations (primary and secondary NAAQS). Eliminates the special definition of "best available control technology" (BACT) for purposes of PSD provisions. Defines BACT for purposes of the Act to mean the applicable New Source Performance Standards (NSPS) (the EPA-set technology-based standards for categories of industries), along with applicable national emission limitation standards for hazardous air pollutants (NESHAPs). Retains determination of the BACT by the permitting authority on a case-by-case basis where no NSPS exists for a stationary source in a particular category. Allows State and local governments to adopt or enforce standards or limitations more stringent than the BACT standard. Provides that PSD preconstruction requirements shall only apply to physical or operational changes resulting in a significant net increase in source emissions of any air pollutant regulated under provisions for NAAQS, NSPS, or NESHAPs. Sets a de minimis amount for such increase at 100 tons per year (1,000 tons per year of carbon monoxide) for any air pollutant for which a NAAQS is established (except lead). Authorizes the Administrator to determine, by rule, that a lesser amount is necessary to carry out PSD purposes. Makes technical and conforming amendments. Eliminates the requirement that PSD regulations for hydrocarbons, carbon monoxide, photochemical oxidants, and nitrogen oxides contain measures at least as effective as the "increment" limitations for sulfur oxides and particulate matter. Effective Data and Transitional Rules - Sets forth an effective date and transitional rules for the amendments relating to Nonattainment provisions and to PSD provisions. Regulatory Stability - Sets forth regulatory stability provisions establishing a ten-year "grandfather" period, commencing with construction or modification, during which a stationary source (unless subsequently modified) shall not be subject to more stringent requirements if the construction or modification is subject to NSPS, obtains a permit or approval, and meets all permit or approval requirements. Excludes from such "grandfather" provision any emission limitation or standard imposed on any stationary source with respect to: (1) hazardous pollutants designated under NESHAP provisions; (2) pollutants with no NAAQS in effect at commencement of the construction; or (3) any other air pollutant, if the Administrator judges that the public health or welfare may be endangered. Ozone Protection - Directs the President to report to the Congress annually, beginning within two years of the enactment of this Act, on the status of actions toward international agreements concerning the protection of stratosphere. Requires that copies of such reports be made available to the public. Directs the Administrator to make specified determinations, considerations of study results, and findings before any ozone protection regulation on chloroflurocarbon control is proposed or promulgated. Title II: Mobile Source Amendments - Revises part A (Motor Vehicle Emission and Fuel Standards) of title II (Emission Standards for Moving Sources) of the Act. Establishment of Emission Standards for New Motor Vehicle or New Motor Vehicle Engines - Requires that any more stringent new standard not become effective for at least: (1) 48 months after prescription or revision, in the case of heavy-duty vehicles or engines; and (2) 36 months after prescription or revision, in the case of all other new motor vehicles or engines. Provides that any more stringent new standards must reflect the degree of emission reduction the Administrator determines to be reasonably achievable through application of technology adequately demonstrated to be available for the appropriate model year. Directs the Administrator, in making such determination, to consider costs, applicability to gasoline or diesel-fueled vehicles or engines, impact on fuel economy, effect on level of all emissions from such vehicles or engines, safety, commercial use, and other appropriate factors. Authorizes the Administrator to arrange with the National Academy of Sciences (NAS) to review the technical feasibility of such proposed new standards and to submit written reports which shall be available to the public. Revises provisions relating to regulations applicable to emissions of carbon monoxide, hydrocarbons, oxides of nitrogen, and particulate matter from classes or categories of heavy duty vehicles or engines. Provides that the standards prescribed (after enactment of this Act) in such emissions regulations shall apply for a minimum period of four model years unless less stringent standards are prescribed for any model year during that period. Requires that standards applicable to emissions of oxides of nitrogen and particulate matter be prescribed at the same time. Directs the Administrator to arrange with NAS for a technological feasibility report with respect to any proposed standard for particulate matter to be prescribed for heavy-duty vehicles and engines. Revises provisions for a continuing pollutant specific study concerning the effects of air pollutant emissions. Revises deadlines for such study (making the next deadlines January 1, 1983, and before January 1 of each fourth year thereafter). Requires notice and opportunity for public comment before the Administrator determines that the operation or function of an emission control device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety. Adds to the factors the Administrator must consider in making such determination any information obtained from any manufacturer under specified compliance testing provisions. Revises standards for regulation of emissions from light-duty vehicles and engines manufactured during and after model year 1982 for specified pollutant grams per vehicle mile (gpm): (1) .41 gpm of hydrocarbons; (2) seven gpm of carbon monoxide; and (3) two gpm of oxides of nitrogen. Authorizes the Administrator to revise any such standard for any model year after model year 1986. Prohibits any revised standard from being more stringent than the standard applicable (without regard to any waiver) to light-duty vehicles and engines manufactured in the 1981 model year. Revises provisions for waivers of such emission standards. Directs the Administrator, after notice and opportunity for public hearing, to waive any emission standard for any model of vehicles or vehicle engines for up to four model years, upon petition and demonstration by the manufacturer that such waiver is necessary for the use of an innovative power train technology, innovative emission control device or system, or alternative fuel or power source. Adds "the potential to conserve energy" to factors to be considered in granting such waivers. Revises th maximum number of vehicles or engines per manufacturer to which such waivers may apply. Sets such maximum at 200,000 vehicles or engines per year of such waiver, but not more than 500,0000 for a four model years waiver. Prohibits extension or renewal of four model years waivers. Requires that such waivers include appropriate emissions standards to: (1) ensure, in the Administrator's judgment, no significant adverse impact on achieving applicable NAAQS; and (2) encourage development and production of such model. Limits to one-half the average original actual life for each class or category of motor vehicle or motor vehicle engine (other than light-duty or motorcycle) that period of use the Administrator is authorized to determine as appropriate for specified provisions relating to the "useful life" of such vehicles or engines. Provides that future regulations affecting the manufacture, distribution, or sale of motor vehicles or engines for high altitude areas of the United States: (1) shall include the exemptions provided in regulations for model year 1982; and (2) may provide specified high altitude performance adjustments. Prohibits any regulation requiring a percentage of reduction in emissions from high altitude motor vehicles greater than that required for non-high altitude motor vehicles. Prohibits regulations applying a numerical standard for determination of such percentage reduction for high altitude vehicles more stringent than that for non-high altitude vehicles. Prohibits regulations requiring that any emission control device or element of design needed to meet the applicable emissions standards under high altitude conditions also be installed on motor vehicles or engines intended for principal use in non-high altitude locations. Prohibited Acts - Includes among prohibited acts the failure or refusal by any manufacturer to comply with EPA requests for information for a study relating to the availability and distribution to motor vehicle dealers located at high altitudes of models of new light-duty motor vehicles. Compliance Testing and Certification - Revises provisions for compliance testing and conformity certification to direct the Administrator to reliably evaluate or require reliable 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. Repeals a one-year maximum limit on the period which a certificate of conformity may cover. Requires that compliance tests or other reliable evaluations determine the average emissions from vehicles or engines. Requires, in making such determination, that: (1) gasoline-fueled vehicles or engines not be in the same class or category as diesel-fueled; and (2) light-duty vehicles or engines not be in the same class or category as heavy-duty. Allows the inclusion of light-duty trucks, certified as such by the Administrator, in the same class or category as light-duty vehicles or engines. Directs the Administrator to establish 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. Compliance by Vehicles and Engines in Actual Use - Revises provisions for compliance by vehicles and engines in actual use to base 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 title II of the Act. Prohibits manufacturers from including together in the same such actions: (1) both gasoline and diesel-fueled vehicles or engines; or (2) both light-duty and heavy-duty vehicles or engines. 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. State Standards - Provides that, in the case of any new motor vehicle or engine designed to comply with State emission control standards for which a waiver of Federal standards has been granted, compliance with such State standards shall be treated as compliance with applicable Federal standards. High Altitude Performance Adjustments - Repeals a provision requiring that there be a State-instituted motor vehicle inspection and maintenance (I and M) program in nonattainment areas of a State before authority relating to high altitude performance adjustments may be available to such State. Effective Date - Provides that specified 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. Study and Development of Alternative Emissions Control - 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 alternative 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 alternative approach. Prohibits promulgation of such regulations except after final rulemaking as required by this Act and pursuant to legislation reported from the appropriate committees of Congress and enacted either after the date of submission of the report of the study or after the date of submittal of the regulations to the Congress. Warranties and Parts Certifications - Repeals a requirement that manufacturers warrant that new motor vehicles or engines are: (1) designed, built, and equipped so as to conform with emissions standards at the time of sale; and (2) free from defects in materials and workmanship which cause failure to conform during the period of useful life. Requires, instead, a production warranty that the vehicle or engine is equipped with emission control components designed to enable such vehicle or engine to conform at the time of sale with emissions standards for the first 24 months or first 24,000 miles. Repeals provisions for motor vehicle or engine parts certifications by manufacturers or rebuilders for compliance with emissions standards. Limits a free replacement obligation of manufacturers to emissions control components installed for the sole (currently, sole or primary) purpose of reducing vehicle emissions. Limits specified performance warranties to: (1) the first 24 months or 24,000 miles; and (2) certain components installed for the sole purpose of emissions control. Revises provisions for manufacturers' instructions for the maintenance, replacement, and repair of emission control parts or components to eliminate requirements that: (1) such instructions correspond to regulations promulgated by the Administrator of the Environmental Protection Agency; and (2) the replacement parts be certified. Eliminates provisions for waivers of a prohibition against including conditions on the purchaser's using components or services unconnected with the manufacturer. Specifies that waivers of the prohibition against State or local standards for emissions control of new motor vehicles or engines subject to Federal standards will be given only: (1) insofar as numerical emission levels are concerned; and (2) if such standards and new motor vehicle certification and other tests are consistent with Federal standards. Specifies that tampering prohibitions refer to parts or components placed on or in motor vehicles or engines for the sole purpose of controlling emissions. Exempts communications regarding any part, component, system, or service provided without charge under the terms of the purchase agreement from specified prohibitions against manufacturer's communications conditioning warranty coverage on use of certain products or services. Prohibits State new motor vehicle emission standards in nonattainment areas from including any provision similar to the production or performance warranty provisions under the Act. Title III: Study and Conforming Provisions - High Altitude Study - Directs 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. Title IV: Amendments Relating to Authorizations - Authorization of Appropriations - Authorizes appropriations to the Administrator for fiscal years 1982 through 1985. Provides for sums necessary for: (1) the Administrator and the States to effectively carry out the Act's provisions, including training of State and local personnel, enforcement, abatement, and control, consideration of SIPs and revisions, and audits; and (2) sufficient funding for personnel for the Administrator to carry out the Act, particularly its regulatory functions, without undue reliance on contractors. Requires that such authorization not be less than the appropriations authorized in fiscal year 1981 to carry out the Act (except provisions relating to the National Commission on Air Quality). Prohibits the Administrator from using any funds appropriated under the Act for any payment for a reduction-in-force in any fiscal year. Directs the Administrator to inform the appropriate committees of the Congress of the reasons for such reduction, its impact on carrying out the Act, and other detailed or pertinent information, at least 30 days prior to issuing any general notice of such reduction. Declares that nothing in this title shall authorize appropriations for any research and development activities under the Act.
United States · United States Congress · 16 December 1981
Private Sector Opportunities Act - Amends title VII (Private Sector Opportunities for the Economically Disadvantaged) of the Comprehensive Employment and Training Act (CETA) to revise provisions for private sector programs. Makes eligible for participation in such programs unemployed or underemployed individuals who reside in designated enterprise zones (replaces the current eligibility standard based on individual low-income). Retains the requirement that 95 percent of title VII funds be allocated among prime sponsors, but deletes a provision that the remainder of such funds be used by the Secretary of Labor to assist prime sponsors jointly establishing a single private industrial council and specified Native American assistance to specified Native American entities. Permits prime sponsors to use such funds for coordination with other economic development activities. Requires that descriptions of proposed private sector initiatives include provisions for training and placement activities in business concerns, especially in small businesses, and for involving, where feasible, community-based organizations. Requires that prime sponsors (or specified Native American, Alaskan, or Hawaiian entities) designate enterprise zones within their jurisdictions, as a condition for receipt of financial assistance under the program. Includes local economic development councils among those groups to which proposed plans for activities must be submitted for comment. Sets forth provisions for the designation of enterprise zones for purposes of the private sector program. Requires that prime sponsors and other specified entities consult with the appropriate private industrial council and, where feasible, with community-based organizations in designating any enterprise zone. Sets forth requirements for the types of urban and rural areas that may be designated as enterprise zones. Directs the Secretary to approve the designation of an enterprise zone submitted by a prime sponsor or other specified entity, unless the application information does not meet such requirements. Adds local economic development councils to those groups from which prime sponsors must appoint members of private industry councils. Specifies that, in appointing such members from educational agencies and institutions, particular consideration should be given to persons with expertise in onsite, industry specific vocational education. Revises the list of activities that private sector opportunities programs may include. Adds to such list the development of: (1) a small business intern program; (2) relationships between employment and training programs, educational institutions, community-based organizations, and the private sector; and (3) onsite, industry specific training programs supportive of industrial and economic development, in cooperation with State vocational education boards, if CETA title VII funds are supplemented, where feasible, by funds from other sources. Adds, also, to such list the provision of on-the-job training subsidies on a declining ratio to wages over the period of training. Provides that program activities may include upgrading and retraining in accordance with CETA title II occupational upgrading and retraining programs. Limits to 15 percent that portion of title VII funds that may be used for such upgrading and retraining. Amends CETA title I administrative provisions to authorize the appropriation of necessary sums for fiscal years 1983 through 1985 to carry out the title VII private sector opportunities program.
United States · United States Congress · 11 December 1981
Expands the membership of the Advisory Commission on Intergovernmental Relations to include three elected school board officials from different States.
United States · United States Congress · 8 December 1981
Fair Practices in Automotive Products Act - Title I: Domestic Content Requirements for Motor Vehicles - Sets forth for all motor vehicle manufacturers which produce over 100,000 motor vehicles for ultimate retail sale in the United States "minimum domestic content ratios" (the domestic value, including labor and parts, of the manufacturer's production costs of all automotive products sold in the United States). Requires all vehicle manufacturers producing more than 50,000 motor vehicles for sale in the United States to provide information to the Secretary of Transportation for the purpose of administering this requirement. Authorizes the imposition of import restrictions on manufacturers violating such standards. Title II: Unfair and Deceptive Practices by Vehicle Manufacturers - Defines as an unfair method of competition and deceptive act or practice under the Federal Trade Commission Act the refusal of any vehicle manufacturer to determine whether parts produced in the United States by a parts manufacturer satisfy reasonable replacement part standards established by the vehicle manufacturer. Grants the Federal Trade Commission rulemaking authority to administer this title.
United States · United States Congress · 8 December 1981
Milwaukee Railroad and Rock Island Railroad Amendments Act of 1981 - Amends the Milwaukee Railroad Restructuring Act to revise procedures by which the Interstate Commerce Commission (ICC) oversees the purchase of bankrupt rail lines by financially responsible persons. Defines a "financially responsible person" as one who is capable of paying the purchase price of a railroad line and the expenses of providing service over the line for at least two years. Amends the Rock Island Railroad Transition and Employee Assistance Act to declare that the ICC's authority to grant temporary operating approval for the use of Rock Island or Milwaukee Railroad facilities shall continue until a plan of reorganization or liquidation is approved by the ICC and the bankruptcy court.
United States · United States Congress · 29 October 1981
Amends the Interstate Commerce Act to prohibit a carrier from using a railroad car that is not equipped with retroreflectors. Directs the Interstate Commerce Commission to issue regulations prescribing the use of such retroreflectors.
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 · 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
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 · 2 October 1981
Amends titiles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to require Federal agencies to give to the Secretary of Health and Human Services, upon request, the names and social security account numbers of disability or SSI benefit recipients who are inmates of penal institutions.
United States · United States Congress · 23 September 1981
National Usury Act - Establishes the legal rate of interest at a semiannual declining scale of between 15 and ten percent per year. Provides that, except with respect to loans of less than $2,500 made by petty loan companies or credit unions: (1) any agreement to charge interest in excess of ten percent per year on a loan of more than $300 is void as to the excess interest which may be recovered by the borrower; and (2) any partial payment on a debt must be first applied to the interest due. Prohibits the defense of usury in any debt recovery action. States that insurance premiums required to be paid under a secured loan agreement shall not exceed those required under similar nonloan policies. Sets forth provisions governing the application of the legal rate of interest to judgments. Requires persons engaged in the business of financing loans on personal property sold by dealers to purchasers on credit to pay interest at five percent per year on any reserve withheld from the dealer under the contract for financing. Makes such amount due immediately upon the close of the loan account. Requires that dealers receive biannual reserve accounts reports. Establishes a fine for dealer financing violations. Requires the board of directors of any institution which deals in bills of exchange to fix and make public the exchange rates. Prohibits officers of these institutions from deviating from such rates. Sets forth provisions governing secured and unsecured installment loans given by banks, trust companies, and combined banks and trust companies.
United States · United States Congress · 23 September 1981
Rural Enterprise Zone Development Act of 1981 - Title I: Declares the purpose of this Act to be to provide financial and technical assistance and tax incentives to help restore distressed rural areas. Amends the Agricultural Act of 1961 to define "rural enterprise zone" (zone) as an area under at least one local government's jurisdiction with a population density of less than 200 people per square mile and a total population of between 5,000 and 50,000 people. Requires a local entity to submit a zone plan to the Secretary of Agriculture for approval. Authorizes the Secretary to make: (1) development facility grants; (2) vocational education and agricultural extension service center loans; and (3) industrial and commercial activity loans and loan guarantees. Limits the number of annual zone designations. Authorizes appropriations for fiscal years 1983-1984. Authorizes the Secretary of Commerce to make technical assistance grants and provide related aid to rural enterprise zones. Authorizes appropriations for fiscal years 1983-1984. Title II: Tax Incentives for Small Businesses Located in Rural Enterprise Zones - Small Rural Business Program Tax Act of 1981 - Subtitle A: Designation of Eligible Areas and Businesses - Amends the Internal Revenue Code to add a new subchapter which sets forth criteria for the designation of rural enterprise zones and defines qualified small rural businesses for purposes of providing tax incentives for such businesses. Empowers the Secretary of Agriculture to approve the designation of an area as a rural enterprise zone if a local government submits to the Secretary a plan which meets specified requirements for the establishment of such zones. Limits the number of zones which the Secretary may designate in any calendar year. Sets forth criteria relating to population, poverty, unemployment, and per capital income growth which the Secretary must consider in approving the designation of a rural enterprise zone. Defines a "qualified small rural business" (small rural business) as an actively conducted trade or business which employs individuals who perform a specified number of hours of service for the business in a rural enterprise zone. Disqualifies any business which has had gross receipts in excess of $2,000,000 for any of the three preceding taxable years. Subtitle B: Tax Incentives for Qualified Small Rural Businesses - Amends the Internal Revenue Code to reduce the capital gains tax rates of small rural businesses and investors in rural enterprise zones. Exempts the capital gains of small rural businesses from the minimum tax. Excludes from gross income 50 percent of the total of small rural business income for a taxable year and interest on loans made to such businesses to finance business activity in a rural enterprise zone. Allows small rural businesses a five percent tax credit for interest paid on loans used to finance business activity in a rural enterprise zone. Allows a targeted jobs income tax credit for the hiring of employees for a small rural business. Allows a small rural businesses and their employees a refundable income tax credit for training designed to improve the technical and managerial skills of such employees. Allows a small rural business to elect to use the cash method of accounting. Authorizes accelerated depreciation for small rural business property. Increases by ten percent the investment tax credit for the rehabilitation expenditures of a small rural business.
United States · United States Congress · 18 September 1981
Delays until 1983 the application of Revenue Ruling 81-216 which denies a tax exclusion of the interest on multiple lots of $1,000,000 each of industrial development bonds that are pooled and issued as one bond.
United States · United States Congress · 17 September 1981
Safe Drinking Water Regulatory Reform Act - Amends title XIV of the Public Health Service Act (the "Safe Drinking Water Act") to revise regulatory procedures relating to safe drinking water requirements. Provides for administrative procedures and judicial review of such procedures relating to the promulgation or amendment, under such title, of: (1) any national interim primary drinking water regulation; (2) any revised national primary drinking water regulation; and (3) any regulation for State underground injection control programs. Directs the Administrator of the Environmental Protection Agency to establish a rulemaking docket for such rulemaking actions. Requires the establishment of an identical docket in the appropriate regional office of the Agency whenever a rule applies only within a particular State. Requires that notice in the Federal Register of such proposed rulemaking be accompanied by: (1) a statement of its basis and purpose; (2) the docket number, location, and times for public inspection; and (3) notice of the period available for public comment. Sets forth procedures for written and oral public comment and inclusion of such comment in the docket. Requires that a promulgated rule be accompanied by statements of: (1) its basis and purpose; (2) the reasons for any major changes from the proposed rule; (3) factual data and reasons supporting a determination that the benefits of applying the rule justify the compliance costs; (4) the reasons why any public comment alternatives to the proposed rule were rejected; and (5) response to significant public comment, criticism, and new data submissions. Prohibits basing the promulgated rule on any information not in the docket. Limits the record for judicial review to docket materials and required accompaniments to the promulgated rule. Directs the Administrator to convene a proceeding for reconsideration of a rule upon a demonstration that an objection of central relevance to the rule could not be raised during the public comment period. Provides for judicial review of refusals of such reconsideration. Authorizes the Administrator or the appropriate U.S. court of appeals to stay the effectiveness of the rule for up to three months during reconsideration. Sets forth provisions for judicial review of procedural determinations of the Administrator. Permits statutory deadlines for promulgation of rules to be extended to not more than six months after the proposal date, if necessary, to afford the public and the Agency adequate opportunity to carry out this Act. Permits petitions for judicial review of administrative actions under such Act to be filed only in the U.S. court of appeals for a judicial circuit in which a substantial portion of the associated impact or injury will occur. Makes technical and conforming amendments. Revises standards for primary drinking water regulations. Replaces regulation of contaminants having "any adverse effect" on human health with regulation of contaminants "posing an unreasonable risk to human health". Removes a requirement that such regulations provide for proper operation and maintenance of public water systems, minimum quality of water taken into the systems, and new facilities siting. Eliminates specified references to the Administrator's judgments or determinations and to allowance for "an adequate margin of safety" in promulgating such regulations. Requires the maximum contaminant level specified in revised national primary drinking water regulations for a contaminant to be as close to the recommended maximum contaminant level as is "reasonable" (currently, "feasible"). Removes specified provisions relating to requirements for the use of treatment techniques. Continues State primary enforcement responsibility whenever the Administrator revises or amends any national primary drinking water regulation. Requires a State with primary enforcement responsibility to show the Administrator that the State public water system supervision program meets the revised or added requirement, within a specified period. Requires the Administrator's approval of continuation of the State's primary enforcement responsibility. Authorizes the Administrator to waive a prohibition against making grants to State public water system supervision programs that have not assumed and maintained primary enforcement responsibility. Permits such waiver during any time within 18 months after the effective date of any amendment or revision of the national regulations if the State has assumed such responsibility and is making a diligent effort to comply with the new amendment or revision. Authorizes the Administrator to grant a State an additional six months to come into compliance, on a showing of good cause.
United States · United States Congress · 16 September 1981
Texas Band of Kickapoo Reservation Act - Declares that all members of the Texas Band of Kickapoo Indians who are duly enrolled in the Kickapoo Tribe of Oklahoma shall be nationals and citizens of the United States immediately upon the date of passage of this Act. Provides that all members of the band who apply for membership in the tribe within two years after such date shall be nationals and citizens of the United States at the time enrollment is approved. States that, thereafter, nationality and citizenship of the members of the band shall be determined in accordance with specified and applicable Federal laws. Directs the Secretary of the Interior to accept into trust, as soon as practicable, any lands in Maverick County, Texas, owned and voluntarily tendered by the band. Directs the Secretary to accept such lands on behalf of the band and to proclaim such lands to be an Indian reservation. Authorizes appropriations for the purchase of suitable additional reservation lands. Directs the Secretary to submit to Congress, within one year after the passage of this Act, a request for such an appropriation. Authorizes the Secretary to provide for additional reservation lands for the band under specified and applicable Federal laws. Grants the courts of the State of Texas civil and criminal jurisdiction over the band's reservation. Makes the band and its members eligible for all Federal services and benefits available to federally recognized Indian tribes and their members, without regard to the existence of, or residence on or near, a reservation for the band. Authorizes the Secretary to makes rules and regulations necessary to carry out this Act. Authorizes appropriations to carry out this Act.
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
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
Directs the President to immediately begin consultation with the Board of Governors of the Federal Reserve System for the purpose of modifying the Board of Governors' monetary policy to significantly reduce interest rates within the next 90 days. Requires such consultations to include modifications in the areas of: (1) reserve requirements; (2) Federal Open Market Committee activities; and (3) the federal Reserve discount rate; and (4) preventing diversion of substantial sums of available credit and capital for nonproductive purposes.
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 · 31 July 1981
National Water Utilities Bank Act - Charters the National Water Utilities Bank as a Government corporation to provide financial assistance for the construction, maintenance, and improvement of public water systems. Sets forth the powers of such Bank and provides for a Board of Directors. Provides for such Bank's capitalization by water suppliers and the United States. Establishes different classes of stock. Authorizes the Bank to borrow funds and to make loans to water suppliers. Specifies preferences in making such loans. Sets forth requirements for such loans. Exempts the Bank and its assets, other than real property, from taxation.
United States · United States Congress · 30 July 1981
Amends the Federal Water Pollution Control Act to provide that not less than 30 percent of funds appropriated for grants for construction of treatment works shall be made available for obligation in nonmetropolitan areas. Defines "nonmetropolitan area" for the purposes of this Act.
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
Petroleum Disruption Management Act of 1981 - Title I: Sequential Management Authority and Activation - Directs the President to prescribe four petroleum disruption management programs and transmit them to Congress for approval: (1) a Strategic Petroleum Reserve distribution program; (2) a private dedicated reserve program (PDR); (3) a national crude oil sharing program; and (4) a petroleum product disruption management program. Prohibits approval of a program unless each House of Congress, within 30 days of transmittal of a program, passes a resolution approving the program. Requires the President to submit a revised program if any program is not approved. Provides for the activation of a program whenever the President determines that a substantial or severe crude oil or energy supply disruption or interruption exists or is imminent, or a program is necessary in order to comply with the international energy program, and an approving joint resolution is passed within six days of transmittal. Limits such programs to 120 days duration, except the President may request additional 120 day periods. Title II: Private Crude Oil and Petroleum Product Storage Incentives - Directs the President to report on the advisability and alternative means of: (1) reducing the tax liability of persons who draw down crude oil and petroleum product reserves during oil supply disruptions; and (2) providing tax or other incentives for the construction of private-sector oil and petroleum product storage facilities and the maintenance of increased private-sector crude oil or petroleum product reserves. Title III: Strategic Petroleum Reserve and Private Dedicated Reserve Distribution - Authorizes the President to distribute crude oil from the Strategic Petroleum Reserve, upon a determination that a substantial crude oil disruption exists, in amounts not in excess of 300,000 barrels daily for no more than 90 days annually. Provides for such distributions on a pro rata basis. Amends the Energy Policy and Conservation Act to prohibit the Strategic Petroleum Reserve Plan from becoming effective unless each House of Congress passes a resolution approving the Plan within 30 days of the Plan's transmittal to Congress. Requires that during a substantial crude oil disruption allocation shall be as provided for in this Act. Requires the Secretary of Energy to submit to Congress a report evaluating the expansion of the physical capacity of the Reserve through the use of temporary storage facilities. Directs the President to promulgate a rule establishing a PDR. Requires the rule establishing the PDR to, among other things: (1) provide for the equitable distribution of crude oil at competitive prices; (2) require designated refiners to provide crude oil to any qualified refiner experiencing a supply disruption; (3) distribute crude oil to such qualified refiners to permit them to operate at 95 percent of the national utilization rate; (4) provide that the obligation of each designated refiner to sell crude oil to qualified refiners shall be a given percentage of each designated refiner's average crude oil runs to distillation units during the previous 12 months; and (5) provide that the price paid by a qualified refiner will not exceed a stated level. Directs the Secretary to submit to Congress a report determining the minimum volume of reserves to be maintained in the Strategic Petroleum Reserve and analyzing the advisability of distributing crude oil from the Reserve in lieu of activating the PDR. Title IV: National Crude Oil Sharing Program - Directs the President to promulgate a rule establishing a national crude oil sharing program. Requires the rule establishing such program to: (1) provide for the equitable sharing of crude oil at competitive prices among all regions during a severe disruption; (2) require refiners to offer for sale any crude oil supplies that would permit their refineries to operate in excess of the national utilization rate; (3) assure that refiners are able to purchase sufficient crude oil to permit operation at the national utilization rate; (4) provide that the price paid by a refiner will not exceed the weight-averaged price during the previous 60 day period; (5) provide for directives requiring a refiner to adjust the percentage yield of a refined petroleum product in order to increase output of that product in a time of short supply; and (6) provide for the adjustment of the quantities of crude oil allocated among refiners so as to ensure desired production levels. Title V: Petroleum Product Programs - Directs the President to promulgate a standby regulation which when implemented will provide: (1) for the mandatory allocation of refined petroleum products produced in or imported into the country in amounts specified in and at ceiling prices specified in such regulation; (2) an emergency use fee; or (3) other action specified in such regulation which is not otherwise specially authorized by other Federal law. Requires the standby regulation to provide for, among other things: (1) the protection of public health, safety and welfare (including maintenance of residential heating), and national defense; (2) maintenance of all public services; (3) maintenance of agricultural operations; (4) preservation of an economically sound and competitive petroleum industry; (5) equitable distribution of refined petroleum products at equitable prices; (6) allocation of refined petroleum products necessary to explore for and extract fuels and minerals; (7) economic efficiency; and (8) minimization of economic distortion. Title VI: Establishment of Advisory Data Collection and Coordination Functions - Directs the President to establish: (1) an Energy Emergency Council to be composed of members of the executive branch, to advise the President on matters relevant to the implementation of this Act and the activation and management of its programs; and (2) an Energy Advisory Committee, to consist of members of the petroleum industry and consumers, to advise the President and the Council on matters relevant to the implementation of this Act and the management and activation of its programs. Directs the Council, after consultation with the Committee, to evaluate the current energy information collection and monitoring systems within the Federal Government. Directs the Secretary to inform the Administrator of the Energy Information Administration whether the energy information now being collected is sufficient, whether changes are needed, and if so, to direct the Administrator to make the necessary changes. Directs the Secretary to submit to Congress a report examining the standards for activation of the programs. Title VII: Miscellaneous Provisions - Sets forth provisions relating to administration and enforcement, including: (1) application of provisions of the Economic Stabilization Act of 1970 to regulations, orders, and Presidential actions undertaken pursuant to this Act; and (2) setting forth monetary penalties for violations of this Act. Amends the Department of Energy Organization Act to include this Act within those Acts for which the Secretary shall provide for making adjustments to any rule, regulation or order in order to prevent special hardship or inequity. Extends, until October 1, 1989, the authority for international voluntary agreements with respect to the International Energy Program under the Energy Policy and Conservation Act. Terminates this Act on October 1, 1989.
United States · United States Congress · 28 July 1981
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 15 July 1981
Independent Local Newspaper Act of 1981 - Amends the Internal Revenue Code to provide for the establishment of independent local newspaper advance estate tax trusts to facilitate payment of the estate tax imposed upon the estate of a decedent who owned an interest in an independent local newspaper. Sets forth requirements for the establishment of such trusts, including requirements that such trusts: (1) be created pursuant to a plan adopted by the newspaper; (2) be governed by a written instrument which requires that contributions to and income of the trust be invested solely in obligations of the United States; (3) name as trustee a bank or another individual who is capable of administering such trust in compliance with the requirements of this Act; (4) maintain trust assets separately from other property; (5) accept contributions exclusively from independent local newspapers; (6) devote assets of the trust solely to the payment of the estate tax; and (7) distribute any excess funding of the trust to its beneficiaries or their estates. Limits an individual who owns interests in several independent local newspapers to participation in not more than one estate tax payment trust. Defines an "independent local newspaper" as a newspaper publication which is not a member of a chain and which maintains all its offices in a single city, community or metropolitan area, or, on January 1, 1981, within one State. Defines "excess funding" as the excess of the face value of the assets of a qualified trust over: (1) 70 percent of the value of a decedent's interest in an independent local newspaper which is includable in his gross estate; or (2) a decedent's estate tax which is attributable to his interest in an independent local newspaper included in his gross estate. Exempts independent local newspaper advance estate tax trusts and the individuals for whom such trusts are established from income taxation with respect to income earned by such trust. Terminates such tax-exempt status if the taxpayer's interest in the newspaper is sold, the newspaper itself is sold or ceases to qualify as an independent newspaper, or there is an excess funding of the trust. Provides that the amount of any excess funding shall be distributed to the individual for whom the trust was created and included in his gross income or gross estate. Allows an income tax deduction to local independent newspapers for contributions made to estate tax payment trusts. Limits the amount of such deduction to 50 percent of the taxable income derived from such newspaper for the taxable year. Requires the redetermination of the estate tax of an individual for whom an independent local newspaper advance estate tax trust is established and the inclusion in the gross estate of such individual of an amount equal to the estate tax payment made by such trust which is attributable to the individual's interest in the newspaper, if the trust or any heir of the individual sells, within 15 years of the death of such individual, any part of the interest in the newspaper with respect to which the trust was created. Provides for the gradual phaseout of any additional estate tax which is imposed due to the premature sale of a newspaper, if the sale does not occur prior to the ten to 15 year period following the death of the individual for whom the estate tax trust is established. Permits the shareholders of an independent local newspaper who receive the stock of a corporation which the newspaper controls to exclude from their gross income any gain realized as a result of such distribution if: (1) the shareholders do not sell such stock within five years after the date of its distribution; (2) the shareholders retain control of the newspaper for five years after the date of the distribution; and (3) the newspaper and the controlled corporation each continue to be engaged in the active conduct of a trade or business through the five year period beginning on the date of the distribution. Excludes from the gross estate of a decedent the value of any interest in an independent local newspaper which he holds at the time of his death and any estate tax payment made by an independent local newspaper advance estate tax payment trust. Permits the executor of an estate which includes an interest in an independent local newspaper to pay the estate tax in two or more (but not exceeding ten) equal installments. Limits the maximum amount of estate tax that may be paid in installments to the excess of the amount of estate tax over the tax that would have been imposed if the interest in the newspaper had not been included in the gross estate, reduced by all payments of the estate tax made by an independent local newspaper advance estate tax payment trust.
United States · United States Congress · 8 July 1981
Campaign Finance Reform Amendments of 1981 -- Amends the Federal Election Campaign Act of 1971 to increase the limitations on contributions to campaigns for the House of Representatives and the Senate. Raises the ceiling from $1,000 to $2,500 for an individual's total contribution to any candidate for the House of Representatives and his or her authorized political committees. Imposes a limit on the total amount such a candidate and his or her committees may accept from multicandidate political committees of $75,000 for a general or special election (with an extra $25,000 in the case of a run-off). Imposes a ceiling on the total amount a candidate for the Senate and his or her committees may accept from multicandidate political committees. Sets such ceiling at: (1) the greater of $25,000, or the product of $12,500 times the number of State Representatives, in the case of a run-off election; or (2) the greater of $75,000, or the product of $37,500 times the number of State Representatives (not to exceed $500,000), for a general or special election (including conventions and primaries). Amends the Internal Revenue Code to increase the tax credit for political contributions from $50 to $100 ($100 to $200 for joint returns). Allows two separate tax credits, up to such amounts, for contributions: (1) to individual candidates and political committees; and (2) to national, State, and local committees of a national political party.
United States · United States Congress · 26 June 1981
Amends the Housing and Community Development Act of 1974 to delegate to the Secretary of Agriculture authority to administer Federal assistance for community development programs involving units of local government and Indian tribes outside metropolitan areas or within such an area if the Secretary of Housing and Urban Development determines that the location is rural in nature and best served by the Farmers Home Administration (nonmetropolitian areas). Requires that 20 percent of the special discretionary fund set aside for housing and community development grants by the Secretary of HUD be used by the Secretary of Agriculture for making such grants for nonmetropolitan areas. Authorizes the Secretary of Agriculture to make rural development action grants to nonmetropolitan counties (which include portions of counties outside metropolitan areas). Delegates to the Secretary of Agriculture the authority to administer specified Federal assistance programs for lower income housing in nonmetropolitan areas. Amends the Housing Act of 1959 to direct the Secretary of HUD to delegate to the Secretary of Agriculture the authority to make loans for the provision of rental or cooperative housing for elderly or handicapped families in nonmetropolitan areas. Amends the National Housing Act to delegate to the Secretary of Agriculture the authority to insure loans for home improvements and mortgages in nonmetropolitan areas. Directs the Secretary of HUD to transfer to the Secretary of Agriculture for use in rural areas and small towns 25 percent of the total authority of the HUD Secretary to contract for: (1) mortgage assistance payments for low income homeowners; and (2) mortgage interest reduction payments on behalf of owners of rental housing projects for lower income families. Authorizes appropriations.
United States · United States Congress · 25 June 1981
Title I: Margin Requirements - Margin Requirements Fairness Act of 1981 - Amends the Securities Exchange Act of 1934 to prohibit certain credit transactions for the acquisition of securities of U.S. corporations by either U.S. or non-U.S. persons where such a transaction is financed by either U.S. or non-U.S. lenders if: (1) such a transaction is or would be prohibited if it had been made or had otherwise occurred in a lender's office or other place of business in the United States; and (2) a statement is required to be filed under such Act in connection with the acquisition or carrying of such securities. Requires the statement filed with the Securities and Exchange Commission, pursuant to such Act, by any person who is directly or indirectly the beneficial owner of more than five percent of any equity security of a class which is registered pursuant to such Act, to include information as to whether the margin requirements imposed pursuant to such Act and the regulations promulgated thereunder are applicable and not being violated. Applies the provisions of this Act to any purchase or carrying of securities on or after June 24, 1981, if: (1) the loan or extension of credit involved originated, or if the loan proceeds used to purchase or carry such securities were disbursed, on or after such date; or (2) the person who has obtained, received or used the loan or extension of credit to purchase or carry securities acquires directly or indirectly by any means any additional securities of the same issuer on or after such date. Title II: Foreign Energy Investment - Foreign Energy Investment Act of 1981 - Makes it unlawful, during the period beginning on July 1, 1981, and ending on March 31, 1982, for any Canadian person to acquire, directly or indirectly, by purchase or trade any voting securities of a United States energy resources corporation if, after such acquisition, more than five percent of any class of voting securities of such corporation will be directly or indirectly owned by: (1) such Canadian person; (2) any partnership, limited partnership, syndicate, or other group of which such Canadian person is a member; (3) the other members of any such partnership, limited partnership, syndicate, or other group; or (4) any combination of the foregoing. States that such prohibition shall not apply to any acquisition which was the subject of an agreement to merge between a United States energy resources corporation and a Canadian person prior to June 25, 1981. Directs the Secretary of Energy, in consultation with specified Federal officials and agencies, to undertake a comprehensive study of direct and indirect investment in United States energy resources enterprises by foreign persons and to report the findings and recommendations to Congress not later than March 1, 1982.
United States · United States Congress · 25 June 1981
Food Safety Amendments of 1981 - Title I - Amends the Federal Food, Drug, and Cosmetic Act to revise the procedures and criteria for consideration of food and color additive petitions and new animal drug applications. Excludes from the definition of "food additive": (1) a food contact substance; and (2) a basic or traditional food. Defines "food contact substance" to mean a substance used to package food upon which such substance is not intended to, and does not have, any physical effect. Revises the general definition of "safe" to include in its meaning the absence of significant risk under the intended conditions of use of a substance. Authorizes the Secretary of Health and Human Services to prescribe regulations to gradually eliminate a substance from the food supply upon a finding that such elimination will serve the public interest and not present a danger to public health. Requires that a determination of whether food is adulterated be based on an assessment of the risks from the probable consumption of such substance, taking into account all pertinent safety factors. Revises the procedures under which the Food and Drug Administration (FDA) establishes tolerance levels for required or unavoidable substances in foods. Replaces the current formal hearing requirements for setting tolerances with the notice and comment rulemaking procedure. Adds to the criteria for establishing tolerances: (1) an assessment of the nature and extent of the risks from probable consumption of the substance, considering all safety factors and after consultation with the food safety committee (established by this Act); and (2) the effects of limits on the cost and availability of food. Requires the Secretary to specify the analytical procedure for determining tolerance compliance. Permits any party in an injunction, seizure, or criminal action by the FDA alleging food adulteration, to request the court to set a tolerance for any food for which there is no existing tolerance. Revises the procedures and criteria for consideration of food additive petitions. Directs the Secretary to establish procedures to facilitate early discussion of an additive prior to submission of a petition. Requires the FDA to file food additive petitions within 30 days after receipt. Requires the FDA to specify in detail its reasons expanded for denying a petition. Directs the Secretary to permit interim use of an already approved additive if it appears from initial review that such expanded use is safe. Directs the Secretary to base a determination of the safety of a food additive on all relevant factors, including risk assessment. Provides an exception to the "Delaney clause" (which deems as unsafe any additive which induces cancer when ingested by man or animal) upon a finding that use of the additive does not present a significant risk to health. Requires the Secretary, whenver an additive is limited on the basis that it induces cancer in man or animal, to refer such matter to the food safety committee and permit interested persons to provide information. Enumerates additional criteria for considering a food additive which has been identified as presenting a significant risk, but has a substantial history of use and no reasonably practicable substitute. Includes among such factors the nature and extent of the consequences of use and the feasibility and effect of providing information to consumers regarding the additive's risk. Provides for expedited judicial review of any failure by the FDA to meet the time limits for food additive determinations or to provide detailed reasons for denial of a petition. Authorizes the Secretary to issue an interim food additive regulation with respect to a substance the safety of which has been questioned by new, but inconclusive, information, upon a determination that there is a reasonable certainty that such substance is not harmful. Applies the new procedures for amending or repealing a food additive regulation to any action to limit a substance which is generally recognized as safe. Establishes a new simplified premarket notification system for food contact substances. Provides that a food contact substance shall be deemed unsafe unless: (1) it is not reasonably expected to become a component of food under its intended use; (2) it conforms to a regulation; or (3) a premarket notification has been registered with the FDA and the FDA fails to make a finding of significant risk to public health within 90 days. Subjects any such finding to judicial review. Permits a person to petition the Secretary for promulgation of a regulation in lieu of premarket notification. Directs the Secretary, for the purpose of receiving referrals respecting the safety of food substances, to request the National Academy of Sciences, the Federation of American Societies for Experimental Biology, or other independent entity having such scientific expertise, to establish a committee to study and report on the safety of food substances. Provides a procedure and the criteria for the Secretary to establish an advisory food safety committee in the event such entities decline to establish such committee. Authorizes any person who may be adversely affected by a Secretarial decision to request the Secretary to consult such a committee before he makes a final decision on the use of any food substance, food additive, new animal drug, or color additive. Establishes for new animal drugs and color additives a regulatory scheme similar to that set forth for food additives. Includes as a factor to be considered with respect to animal drugs the present commercial availability of approved alternatives. Eliminates the current requirement for individual product licenses for animal drug manufacturers. Establishes a one-time location registration of establishments at which a new animal drug is to be first mixed into animal feed. Repeals the animal drug provision requiring batch certification of five specific antibiotics. Title II - Amends the Poultry Products Inspection Act, the Meat Inspection Act, and the Egg Products Inspection Act to conform to provisions of this Act. Title III - Requires persons who have filed food or color additive petitions or new animal drug applications which were filed prior to enactment to elect consideration in accordance with existing law or law as amended by this Act. Provides that enforcement proceedings based on acts occurring prior to enactment shall proceed under prior law.
United States · United States Congress · 24 June 1981
Expresses the sense of the House of Representatives that the Department of Justice should continue to provide the sums required to insure the operation and success of the seven regional criminal intelligence projects assisted through the Law Enforcement Assistance Administration.
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 · 16 June 1981
Confers jurisdiction on the Court of Claims to hear and render judgment on a claim of the Seminole Nation of Oklahoma for loss of its vested interests in minerals on Seminole lands.
United States · United States Congress · 11 June 1981
Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to require a judicial officer, in setting conditions for pretrial release for any person charged with certain narcotics offenses, to consider which conditions will reasonably assure the safety of the community, the personal safety of persons in the community, and the prevention of similar offenses by such person. Requires a judicial officer to deny release to any person charged with a narcotics offense who: (1) has previously been convicted of a felony narcotics offense under Federal, State, or foreign law; (2) is on parole, probation, or other conditional release for a felony offense under Federal or State law; (3) is an illegal alien; (4) was arrested in possession of a false passport; or (5) has been convicted of being a fugitive from justice. Requires the Government to provide clear and convincing evidence that the person charged falls within any such category and to establish that there is substantial probability that the person committed the offense . Permits the judicial officer to grant release to a person who has not been previously convicted of a felony narcotics offense upon a finding of special mitigating factors. Requires that the case of a person who is denied release be placed on an expedited calendar.
![Official portrait of Rep. Watkins, Wes [R-OK-3]](https://www.congress.gov/img/member/w000194_200.jpg)