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 · 17 November 1981
Declares that the Commissioner of Social Security and the Secretary of Health and Human Services should immediately study and report to Congress on ways to correct the benefit disparity caused by the 1977 changes in the social security retirement benefit formula.
United States · United States Congress · 10 November 1981
Taxpayer Protection Act - Amends the Internal Revenue Code to subject the Internal Revenue Service (IRS), in the collection of taxes, to provisions of the Fair Debt Collection Practices Act regarding communication and harassment in connection with debt collection. Prohibits the publication of any deficiency which has not been adjudged to be payable by a competent court. Permits individual taxpayers to bring a civil action in a U.S. district court for damages resulting from collection practices prohibited by this Act. Requires a Federal court order before property of a taxpayer may be levied upon for the collection of tax. Specifies that a showing of fraud or malfeasance or a misrepresentation, for purposes of modifying or reconsidering a closing agreement between an individual taxpayer and the Secretary of the Treasury, shall be taken into account only if such a showing or misrepresentation is determined by a competent court. Prohibits the Secretary from consenting to extend for more than one year the period for assessment of the income tax liability of any individual taxpayer. Requires the Secretary to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the IRS may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Makes binding on the Secretary : (1) a tax return prepared for the taxpayer by an officer or employee of the IRS acting in his official capacity to provide such assistance; and (2) written information or advice given to the taxpayer by such an officer or employee acting in his official capacity. Places the burden of proof, in administrative and judicial proceedings involving the IRS and a taxpayer, upon the IRS. Directs that all property of taxpayers, for purposes of the estate and gift tax, be valued at historical cost (original cost to the taxpayer or the basis of the property if it was not purchased). Prohibits the use in IRS personnel evaluations of amounts collected pursuant to audits or investigations. Precludes the Secretary from exercising any enforcement authority over churches or certain other organizations. Prohibits the audit of any group of taxpayers unless the Secretary has first met certain notice requirements or permitted members of the group to file an amended return. Sets forth conditions which must be met by the IRS before any action is taken to interfere with the property rights of a taxpayer. Requires the IRS, before securing the records of, or personal data concerning, any taxpayer, to: (1) notify the taxpayer in writing of the demand, the material sought, and the need for the material; (2) have commenced an action in a competent court against the taxpayer; and (3) have justified its need before the court consistent with the discovery rules of the Federal Rules of Civil Procedure. States that the IRS shall have no authority, in enforcing the tax obligations of any person, which is in conflict with the rights and privileges granted under the Constitution.
United States · United States Congress · 29 October 1981
Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Prohibits the Congress from requiring that the States engage in additional activities without compensation equal to the additional costs. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.
United States · United States Congress · 22 October 1981
Single Audit Act of 1981 - Requires the Director of the Office of Management and Budget (OMB): (1) to establish standard procedures to be used by all Federal agencies in the administration, accounting, and auditing of Federal assistance to State and local governments, nonprofit organizations, and Indian tribes; and (2) to prescribe regulations to carry out such procedures, coordinate Federal, State, and local audits of assistance programs, and designate one agency to oversee audits of assistance recipients. Requires each State and local government or nonprofit organization which receives Federal assistance to use independent auditors to conduct a single financial and compliance audit of such government or organization and any subgrantees every two years (every five years if the government or organization receives less than $100,000 in assistance per year). Requires the designated agency to utilize a quality review process, to be established by the Director, to assure the proper performance of such audits. Declares that the Federal Government is responsible for conducting any audits which are not financial and compliance audits, or which are more stringent than audits required by this Act. Requires the Director to prescribe appropriate means for reimbursing independent auditors.
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 · 15 October 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to an incarcerated felon during any month of confinement. Treats the benefits withheld as having been paid to the felon for purposes of the payment of benefits to other persons so entitled on the basis of the wages and self-employment income of the felon.
United States · United States Congress · 13 October 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to an incarcerated felon during any month of confinement. Treats the benefits withheld as having been paid to the felon for purposes of the payment of benefits to other persons so entitled on the basis of the wages and self-employment income of the felon.
United States · United States Congress · 7 October 1981
Prompt Payment Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Requires the Office of Management and Budget (OMB) to prescribe required payment dates. Specifies the procedures for computing such interest. Requires an agency to pay any interest charges out of funds made available for administration of its programs. Authorizes Federal grant recipients to provide for the payment of interest on overdue payments on their procurement contracts. Directs each agency to report to OMB annually on interest payments made during the fiscal year. Requires OMB to report to specified congressional committees on agency compliance with this Act. Requires the Director of OMB to delegate responsibility for OMB functions under this Act to the Office of Federal Procurement Policy.
United States · United States Congress · 5 October 1981
Amends the Clean Air Act to revise provisions for compliance with emissions standards by vehicles and engines in actual use. 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 for its 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 12 months or first 12,000 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 12 months or 12,000 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) replacement parts be certified. Eliminates provisions for waivers of a prohibition against such instructions, 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. Prohibits State new motor vehicle emission standards in nonattainment areas from including any provision similar to the production or performance warranty provisions under the Clean Air Act. Sets forth effective dates for specified amendments made by this Act.
United States · United States Congress · 24 September 1981
Amends the Internal Revenue Code to repeal the withholding tax requirements with respect to gambling winnings. Requires information returns for gambling winnings for payment of $10,000 or more. Provides a three year carryover and carryback for net gambling losses.
United States · United States Congress · 22 September 1981
Repeals titles XV (National Health Planning and Development) and XVI (Health Resources Development) of the Public Health Services Act, effective September 30, 1982. Establishes a 20-year right of recovery for the United States against a facility built or modernized with title XVI funds.
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 · 11 September 1981
Disapproves the final rule promulgated by the Federal Trade Commission dealing with the matter of the trade regulation rule relating to the sale of used motor vehicles.
United States · United States Congress · 10 September 1981
United States Olympic Development Fund Checkoff Act of 1981 - Permits taxpayers to designate on their income tax returns an election to contribute one dollar of their income tax refunds or one dollar forwarded with returns to support the fund established by this Act. Establishes in the Treasury of the United States a United States Olympic Development Fund. Appropriates to the Fund an amount equivalent to the amount designated on tax returns to be available to the Fund. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee for use in a program of expansion and improvement of amateur athletics. Sets forth reporting requirements with respect to the expenditure of such funds by the Committee.
United States · United States Congress · 29 July 1981
Repeals provisions of the Omnibus Reconciliation Act of 1981 which repeal the minimum monthly social security benefit under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
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 · 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
Retail Dealers' Agreement Act - Makes it a violation of this Act for any supplier of office products to: (1) induce a dealer in such products to enter into a dealer agreement by fraud; (2) fail to act in good faith in performing, canceling, terminating, or refusing to renew a dealer agreement; or (3) enter into a dealer agreement whereby the dealer will conduct business in a market area which is already the market area of another dealer without providing 60 days notice to the existing dealer. Requires a Federal district court to determine the propriety of the proposed dealership in accordance with specified guidelines in the event the existing dealer objects to its establishment. Includes among such guidelines: (1) whether the additional dealership is warranted by current economic and marketing conditions; (2) the permanency of the investment of the objecting dealer; and (3) whether the objecting dealer is providing adequate competition and sales, convenient service, and adequate facilities, equipment, and parts. States that the desire for further market penetration shall not in itself justify the establishment of a new dealership. Authorizes a dealer to bring an action against a supplier in Federal district court for damages, equitable relief, and attorney fees and other costs. Permits an award of treble damages for willful violations. Provides that this Act shall not be construed to modify any provision of the antitrust laws.
United States · United States Congress · 23 June 1981
Veterans' Compensation Amendments of 1981 - Title I: Veterans' Disability Compensation Benefits - Increases the rates of veterans' compensation for: (1) wartime disability compensation; (2) additional compensation for dependents; and (3) clothing allowances paid to certain disabled veterans. Title II: Survivors' Dependency and Indemnity Compensation Benefits - Increases the rates of veterans' dependency and indemnity compensation for: (1) a surviving spouse; (2) surviving children; and (3) supplemental children's benefits. Provides for the adjustment of such benefits when the entitlement of a child is established retroactively or a child reaches age 18. Title III: Life Insurance Program Amendments - Increases the maximum amount of insurance coverage under the Servicemen's Group Life Insurance Program. Permits a member of the Retired Reserve of a uniformed service to obtain increased coverage as specified. Increases the maximum amount of insurance coverage under the Veterans' Group Life Insurance Program. Directs the Secretary of Defense to prescribe regulations for the administration of the Servicemen's Group Life Insurance Program by the Secretaries of the military departments. Permits the first beneficiary under a National Service Life Insurance policy to elect to receive payment in a lump sum. Directs the Administrator of Veterans' Affairs to notify each individual insured under such policy or a United States Government Life Insurance policy of such changes and to provide forms for the election of a mode of payment. Title IV: Miscellaneous Provisions - States that a funded personnel ceiling shall be provided to the Veterans' Administration. Requires the Director of the Office of Management and Budget to certify to the appropriate committees of Congress and to the Comptroller General that such ceiling has been provided. Directs the Comptroller General to report to the appropriate committees of Congress as to whether the Director has complied with such requirement. Requires the Administrator of Veterans' Affairs, before reorganizing or redistributing the functions of the bureaus, agencies, offices, or activities within the Veterans' Administration, to submit to Congress for 60 days a plan describing proposed changes. Makes such plan effective if neither House of Congress adopts a resolution of disapproval. Requires a veteran to have completed at least 24 months of an obligated period of service before such veteran is eligible for benefits administered by the Veterans' Administration, including disability benefits, hospital and medical care, and burial benefits. Preserves the right of certain blind veterans being furnished hospital or nursing home care in a Veterans' Administration blind rehabilitation center or clinic to continue to receive full pensions.
United States · United States Congress · 22 June 1981
Declares that it is the general policy of the Federal Government to rely on competitive private industry to supply the products and services it needs. Requires the Director of the Office of Management and Budget, in coordination with the Administrator of the Office of Federal Procurement Policy, to administer such policy.
United States · United States Congress · 18 June 1981
Postal Service Amendments of 1981 - Authorizes the United States Postal Service to issue written demands requiring access to books, records, documents, or other objects believed to relate to any postal offense or civil matter under investigation by the Postal Service. Provides for the enforcement of such a demand by the appropriate district court. Authorizes the Postal Service to issue an order requiring any person to cease and desist from conducting a lottery or scheme for obtaining money or property by false representations through the mail. Declares that the resumption of such an activity through the use of any instrumentality of interstate commerce shall be considered to be a failure to comply with such order. Permits the Postal Service, in investigating whether a person is conducting such an activity, to tender the price of any article or service that such person has offered for sale. Declares that failure by such person to provide such article or service, or failure to comply with a written demand of the Postal Service for access to materials, shall constitute probable cause to believe such person is engaged in such activities, warranting the detention of such person's incoming mail. Establishes a civil penalty to be assessed by the Postal Service, after an opportunity for an agency hearing, against any person who: (1) attempts to evade an order directing the postmaster to return mail addressed to such person; (2) fails to comply with a cease and desist; or (3) assists another person in evading such an order.
United States · United States Congress · 9 June 1981
United Nations Termination Act - Directs the President to terminate all U.S. participation in the United Nations and in any U.N. affiliate. Prohibits appropriating funds for the United Nations or a U.N. affiliate. Makes the privileges, exemptions, and immunities of specified Acts relating to international organizations inapplicable to the United Nations or any U.N. affiliate. Repeals the United Nations Participation Act of 1945. Amends the Federal provisions relating to loans to the United Nations to prohibit this Act from being construed to affect the U.N. obligation to repay its loan from the United States. Repeals specified Federal provisions relating to U.S. participation and aid to U.N. organizations and programs.
United States · United States Congress · 28 May 1981
Prohibits the Federal Trade Commission from investigating or taking any action concerning any State regulated profession until Congress enacts legislation which expressly provides that the Commission has authority over professions and that the Commission's authority preempts State authority. Vacates any such action taken during the period beginning on May 28, 1981, and ending on the date of enactment of this Act.
United States · United States Congress · 21 May 1981
Repeals title XV (National Health Planning and Development) and title XVI (Health Resources Development) of the Public Health Service Act. Stipulates that such repeals shall not affect outstanding loan obligations. Establishes Federal recovery rights on facilities receiving title XVI construction grants for 20 years.
United States · United States Congress · 19 May 1981
Terminated Employee Pension Restoration Act of 1981 - Authorizes payment of a Federal annuity to persons (or spouses of such persons) who: (1) were participants in a private employee pension plan which was terminated before July 1, 1974; (2) had, immediately before termination, a nonforfeitable benefit under the plan; and (3) have not received payment in full of such benefit because of the plan's termination. Sets forth the method of computing the annuity. Directs the Secretary of Labor to approve a claim for such an annuity if the claim meets the Secretary's regulations and includes evidence establishing that the claimant is a qualified participant or a qualified spouse. Sets forth the procedure for review of denial of such an annuity claim. Directs the Secretary of the Treasury to make annuity payments to entitled individuals after receipt of specified information from the Secretary of Labor. Authorizes the Secretary of Labor to work with other Federal agencies to avoid unnecessary expense and duplication of functions. Amends the Internal Revenue Code to require disclosure of tax return information to Labor Department employees for comparison of specified records in order to establish the validity of an annuity claim. Authorizes appropriations for fiscal year 1982 to the Department of Labor to carry out its functions under this Act. Authorizes appropriations to the Department of the Treasury to make annuity payments under this Act beginning with fiscal year 1982 and continuing until the last such payment is made.
United States · United States Congress · 19 May 1981
Amends the Internal Revenue Code to exclude from the gross income of a State police officer any amounts received as a statutory or negotiated subsistence allowance.
United States · United States Congress · 7 May 1981
Sales Representatives Protection Act - Title I: Contracts Between Sales Representatives and Principals - Requires a principal who enters into a contract with a sales representative for the solicitation of orders for merchandise of the principal to furnish specified information to the representative, including monthly commission statements. Enumerates items to be included in any written contract between a principal and sales representative in order to conform with this Act. Title II: Indemnification - Exempts principals who have entered into a written contract in conformity with title I from the indemnification requirements of this title. Requires any principal to indemnify a sales representative in accordance with this title if such principal: (1) without good cause terminates a representative's assignment or reduces the geographical territory assigned to a representative; (2) reduces the rate of commission paid to a representative; or (3) reduces the number of accounts assigned within a geographical territory. Sets forth a formula for the indemnification of such representatives. Title III: Miscellaneous - Permits actions to be brought in Federal district court to enforce the rights or liabilities of this Act.
United States · United States Congress · 6 May 1981
Amends the Internal Revenue Code to exclude from gross income interest earned on certificates of deposit issued by banks, certain savings institutions, or credit unions. Requires such certificates to be issued between June 30, 1981 and July 31, 1982, to have a one year maturity, and to bear interest at a rate not greater than 70 percent of the average yield of U.S. Treasury bills. Limits the amount of such exclusion to $1,000 ($2,000 for joint returns).
United States · United States Congress · 6 May 1981
Amends the Investment Company Act of 1940 to permit a bank, a bank holding company or a subsidiary thereof, or a savings and loan association to: (1) organize, sponsor, operate, or render investment advice to an investment company; or (2) underwrite, distribute, sell, or issue securities of any such investment company which is organized, sponsored, operated, controlled, or so advised by a bank, a bank holding company or a subsidiary thereof, or a savings and loan association. Requires officers and employees of banks or savings and loan associations who sell such securities to meet such standards with respect to training, experience, and sales practices as the Comptroller of the Currency and the Federal Home Loan Bank Board shall prescribe.
United States · United States Congress · 5 May 1981
Veterans' Training and Business Loan Act of 1981 - Title I: Vocational Training - Authorizes, without delimiting period, educational assistance for Vietnam-era veterans determined to be in need of vocational training. Title II: Small Business Loans - Veterans' Business Loan Act of 1981 - Permits the Administrator of Veterans' Affairs to provide financial assistance to a small business concern which is at least 51 percent owned by veterans of the Vietnam era or disabled veterans. Authorizes such assistance, in the form of loan guaranties or direct loans, for financing plant construction or expansion, the acquisition of equipment or supplies, or supplying the concern with working capital. Sets forth restrictions and the liability of the Administrator in the provision of such assistance. Requires each individual with an ownership interest in such a veterans' small business concern to execute a document evidencing the loan and makes such individual jointly and severally liable to the Administrator for any amount paid by the Administrator on such loan. Requires the approval of the Administrator before the closing of the loan. Limits the terms of such loans to ten years, except for construction and certain other related loans. Grants special consideration to veterans with service-connected disabilities. Establishes in the Treasury the Veterans' Administration Business Loan Revolving Fund. Directs the Administrator to transfer any surplus funds into the general fund. Sets forth the powers of the Administrator for the administration of this program. Prohibits the commitment of assistance after September 30, 1991. Makes technical amendments. Authorizes appropriations for fiscal year 1982 to assist the Administrator in the establishment of the business loan program. Title III: Miscellaneous Amendments - Extends veterans' readjustment appointments in the civil service program through September 30, 1983.
United States · United States Congress · 1 May 1981
Amends title XVIII (Medicare) of the Social Security Act to revise provisions relating to payments to and contractual arrangements with health maintenance organizations (HMO) on behalf of individuals eligible for Medicare. Directs the Secretary of Health and Human Services to determine annually a per capita rate of payment for each class of individuals: (1) enrolled with an HMO pursuant to this Act and who are entitled to benefits under part A (Hospital Insurance) of title XVIII and enrolled under part B (Supplementary Medical Insurance) of title XVIII; and (2) enrolled with an HMO and enrolled under part B only. Provides a rate for each class equal to 95 percent of the adjusted average per capita cost for that class. Defines the term "adjusted average per capita cost" to mean the average per capita amount that the Secretary estimates would be payable for services furnished under the Medicare program, if the services were to be furnished by other than an HMO. Directs the Secretary in establishing classes of individuals to take in consideration such factors as age, sex, institutional status, disability status and place of residence. Redefines an HMO. Requires an HMO to meet certain requirements, including limits on premiums, deductibles, coinsurance, and copayments. Provides that individuals enrolled in the Medicare program shall be eligible under this Act with any HMO with which the Secretary has contracted. Prohibits premiums, deductibles, coinsurance, and copayments of an HMO for services in addition to those available to Medicare enrollees from exceeding, for such individuals, the adjusted community rate for such services. Defines the adjusted community rate. Authorizes the Secretary to reimburse an HMO on the basis of reasonable cost if the Secretary is satisfied that the HMO is able to perform its contractual obligations effectively and efficiently and if: (1) the Secretary is not satisfied that an HMO has the capacity to bear the risk of potential losses under a risk-sharing contract under this Act; or (2) the HMO so elects. Amends part A (General Provisions) of title XI of the Social Security Act to prohibit a capital expenditure made by or on behalf of a health care facility from being subject to review pursuant to the limitation on Federal participation for capital expenditures of part A if the obligation of the capital expenditure by the facility would not be reviewed under the Public Health Service Act. Directs the Secretary to conduct a study and report to Congress concerning additional benefits selected by HMO's. Amends title XIX (Medicaid) of the Act to revise the definition of an HMO. Requires an HMO meet the requirements of an HMO as defined in title XVIII, and to meet certain additional requirements. Directs the Secretary to conduct a study and report to Congress concerning the extent of, and reasons for, the termination by Medicare and Medicaid beneficiaries of their membership in HMO's.
United States · United States Congress · 1 May 1981
Health Maintenance Organization Amendments of 1981 - Amends the Public Health Service Act to authorize appropriations for fiscal years 1982-1984 for health maintenance organization (HMO) planning and initial development. Limits eligibility to HMOs receiving specified funds during fiscal year 1981. Authorizes specified appropriations for fiscal years 1982-1984 for: (1) technical assistance and training (including the National Health Maintenance Organization Intern Program); and (2) the loan fund. Extends loan guarantees for planning and initial development through fiscal year 1984. Revises HMO requirements to: (1) eliminate the prohibition on direct service contracts with private physicians; (2) permit nonmetropolitan HMOs to provide certain basic health services outside their service areas if such services are not otherwise available; (3) eliminate open enrollment periods and certain policymaking body membership and advisory body requirements. Eliminates certain mental health, alcohol, and drug abuse services from the definition of "basic health services". Requires an HMO to provide such services in its plan if so requested by the employer. Revises the definition of "supplemental health services". Permits pay rates to be alternatively determined on a per-class basis under the "community rating system" definition. Makes private HMOs that are not nonprofit eligible for initial operation cost loans and loan guarantees. Increases the aggregate and 12-month amounts of such loans and guarantees and extends their availability through fiscal year 1986. Repeals the provision prohibiting cumulative loan guarantees to a private HMO to exceed fund obligations in any fiscal year. Revises current loan authority for ambulatory care facility construction and acquisition. Requires an HMO to have: (1) revenues which exceed its costs; and (2) independent loan sources if necessary. Permits interest rates to be adjusted for HMO loans. Requires an employer subject to this Act who includes certain commercial insurance or nonprofit carrier-owned HMOs in his employee health benefits plan to include an additional HMO (if one exists) which has at least 25 employees (of such employer) residing in its service area. Eliminates loan and grant priorities for nonmetropolitan areas and medically underserved populations. Modifies certain financial disclosure requirements. Repeals the provision requiring certain evaluation reports from the Comptroller General. Eliminates State certificate of need requirements for all HMOs providing institutional health services (currently required of HMOs with less than 50,000 members).
United States · United States Congress · 29 April 1981
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer or dealer of firearms a person who manufactures or deals as a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Stipulates that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has probable cause to believe that a violation has occurred and that evidence may be found on the premises. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years' imprisonment (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Deletes the prohibition against concurrent sentences. Prohibits the granting of parole to first and subsequent offenders. Stipulates that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect person or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Establishes a Congressional veto procedure with respect to firearms regulations. Authorizes either House of Congress to adopt a resolution of disapproval within 90 days of the rule's promulgation. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Makes any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 29 April 1981
Amends the Federal criminal code to establish a mandatory sentence of death for the murder or attempted murder of the President or the murder or attempted murder of a Federal officer or employee during commission of a Presidential assassination, kidnapping, or assault.
![Official portrait of Sen. Shelby, Richard C. [R-AL]](https://www.congress.gov/img/member/s000320_200.jpg)