United States · United States Congress · 3 February 1982
Rescinds the unlimited income tax deduction for the living expenses of Members of Congress enacted in 1981 and restores prior law as in effect on December 31, 1980.
United States · United States Congress · 3 February 1982
Amends the Internal Revenue Code to limit the tax deduction for the living expenses of Members of Congress to days on which legislation is scheduled for consideration and such Member's physical presence is recorded by roll call vote.
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 · 3 February 1982
Law Enforcement Officers Protection Act of 1982 - Establishes criminal penalties applicable to licensees under the Gun Control Act of 1968 who import, manufacture, or sell a "restricted handgun bullet," except as authorized by the Secretary of the Treasury. Establishes additional criminal penalties, including a mandatory minimum sentence of one year imprisonment, for: (1) using a restricted handgun bullet to commit a Federal felony; or (2) carrying a restricted handgun bullet unlawfully during commission of a Federal felony.
United States · United States Congress · 2 February 1982
Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Act of 1937, to terminate the Secretary of Agriculture's authority to enter into marketing agreements or issue marketing orders with respect to fruits, vegetables, hops, and tree nuts. Eliminates a provision providing for vegetable and fruit grade and size import restrictions.
United States · United States Congress · 2 February 1982
Expresses the gratitude of the Congress to the Italian Government and the Italian police for the rescue of Brigadier General James L. Dozier. Commends General Dozier for his bravery and patriotism throughout the ordeal. Declares congressional support for the Italian Government's efforts to end terrorism.
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 · 29 January 1982
Expresses the sense of the Congress that: (1) the United States and the Soviet Union should reduce their nuclear weapons; (2) such reduction should be applied equally in both countries; and (3) such reduction should be verifiable. Declares that all countries possessing nuclear weapons should reduce their nuclear arsenals. Expresses the sense of the Congress that the President should seek: (1) stronger safeguards to prevent nuclear materials and technology from being used to produce nuclear weapons; and (2) broader agreement on sanctions against countries that divert such materials and technology to nonpeaceful uses.
United States · United States Congress · 27 January 1982
Expresses the sense of the Congress that the President should: (1) advise the Soviet Union of U.S. concern over the deprivation by the Soviet government of the religious freedom of the Vashchenko and Chmykhalov families and the refusal of such government to permit the emigration of such families; and (2) ensure that those families will be permitted to stay in the U.S. embassy in Moscow until the Soviet Union authorizes their emigration.
United States · United States Congress · 26 January 1982
Designates January 30, 1982, as A National Day of Solidarity With the Polish People. Expresses the sense of the Congress with respect to the state of martial law in Poland.
United States · United States Congress · 26 January 1982
Amends rule XLVII of the Rules of the House of Representatives to: (1) decrease the amount of outside earned income a Member may earn from 30 percent to 15 percent of such Member's aggregate salary; and (2) prohibit a Member from accepting an honorarium of more than $1,000 in value.
United States · United States Congress · 26 January 1982
Expresses the Congress's opposition to religious persecution and bigotry wherever practiced, encouraged, or tolerated by national governments. Expresses the sense of the Congress that U.S. officials should emphasize U.S. opposition to such persecution. States that the appropriate congressional committees should hold hearings to determine U.S. policy toward governments that violate the international law guaranteeing freedom from religious persecution and bigotry.
United States · United States Congress · 25 January 1982
Amends the Internal Revenue Code to repeal the provision allowing an income tax deduction without substantiation for living expenses of Members of Congress.
United States · United States Congress · 25 January 1982
Authorizes the Director of the International Communication Agency to make available for broadcasting in the United States the film entitled "Let Poland Be Poland: A Day of Solidarity With the People of Poland."
United States · United States Congress · 25 January 1982
Amends rule XLVII of the Rules of the House of Representatives to: (1) decrease the amount of outside earned income a Member may earn from 30 percent to 15 percent of such Member's aggregate salary; and (2) prohibit a Member from accepting an honorarium of more than $1,000 in value.
United States · United States Congress · 16 December 1981
Expresses the sense of Congress that expenditures for cultural and educational programs of the United States International Communications Agency should not be reduced disproportionately and that the disparity between such U.S. expenditures and similar expenditures by Soviet Eastern-bloc nations should be reduced.
United States · United States Congress · 15 December 1981
Orphan Drug Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations to exempt from such Act drugs intended solely for drug treatment investigations. Defines "drug treatment investigation" as an investigation of a drug which involves human participants with a rare disease or condition. Establishes in the Department of Health and Human Services an interagency committee known as the Committee on Orphan Drug Development. Makes it the function of such committee to promote the development of drugs for rare diseases or conditions (orphan drugs). Requires the Director of the National Institutes of Health (NIH) to submit to the Committee an annual report on the rare disease and condition research activities of NIH. Requires the Committee to report by June 1 of each year to the appropriate congressional committees on its activities and the results of its evaluations, including the report submitted by NIH. Amends the Internal Revenue Code to allow a tax credit for qualified experimental expenses incurred while researching orphan drugs.
United States · United States Congress · 15 December 1981
Asbestos Health Hazards Compensation Act - Title I: General Provisions - Sets forth the purposes of this Act and defines the terms used in this Act. Title II: Establishment and Administration of Benefits Program - Requires the Secretary of Labor to direct responsible parties (parties engaged in the manufacture, import, sale, or distribution of products or substances containing asbestos or cigarette tobacco) to pay benefits with respect to the disability or death of any person caused by an asbestos-related disease and occurring before January 1, 1983. Requires the payment under this Act of all benefit claims arising or accruing on or before December 31, 1982. Prohibits the payment of benefits for any period before the date a benefit claim is filed. Provides that benefit claims must be filed within three years after an initial medical determination of total disability or death due to an asbestos-related disease or within three years of the enactment of this Act, whichever occurs later. Establishes within the Department of Labor the Asbestos Health Hazards Compensation Fund from which all valid benefit claims under this Act shall be paid. Provides for a Board of Directors to direct the fund and determine, by majority vote, the validity of all benefit claims. Requires that the Secretary possess the Board's certification that a benefit claim is valid before authorizing payment from the fund. Authorizes the Board to make investments in interest-bearing obligations of the United States or in federally guaranteed obligations with the portion of the fund not required to meet current withdrawals. Sets forth requirements with respect to Board meetings and an annual audit of the fund. Provides that the fund shall be sustained by contributions from responsible parties according to the formula set forth in this Act. Authorizes the Secretary to require periodic reports by each responsible party. Authorizes the Secretary to bring a civil action or prescribe a civil penalty if a responsible party fails or refuses to pay any assessment required under this Act. Provides for fund contributions by successors to any responsible party. Directs the Secretary to prescribe eligibility standards by regulation which shall be published in the Federal Register. Requires that a person or dependent seeking benefits under this Act demonstrate to the satisfaction of the Secretary that the disability or death claimed is, in fact, due to an asbestos-related disease. Specifies the types of evidence the Secretary shall consider in determining whether a person has contracted or did contract an asbestos-related disease. Sets forth the required benefit payments for persons whose disability is due to an asbestos-related disease and for dependents of persons whose deaths were due to an asbestos- related disease. Permits a person not entitled under State law to workmen's compensation for medical care and treatment of an asbestos-related disease to receive benefits under this Act for such medical care and treatment. States that all benefits under this Act are exclusive of, and in addition to, all benefits under the Social Security Act. Provides for the reduction of benefits under this Act for any payments received under State workers' compensation, unemployment compensation, or disability insurance laws or under any Federal workers' compensation law. Provides that benefits payable under this Act shall not be considered income for tax purposes. Permits a person whose disability has increased or a dependent of such a person to reapply for benefits or apply for an increase in benefit level. Title III: Administrative Provisions - Bars a person who was or is entitled to file a benefit claim under this Act from recovering damages for injury or death caused by exposure to asbestos or cigarette tobacco smoke from a responsible party, the Federal Government, or a labor organization which has represented such person for collective bargaining purposes. Permits a person entitled to file a benefit claim under this Act who has pending an action to recover damages because of an asbestos-related disease to elect to proceed under this Act upon first dismissing with prejudice such action. Prohibits discrimination by employers against employees who have filed benefit claims under this Act. Provides for administrative review of charges of discrimination by such an employee. Makes orders of the Secretary allowing or denying benefits under this Act effective when executed and final 30 days thereafter. Permits a compensation order which is not in accordance with law to be suspended or set aside through injunction proceedings brought by a party in interest against the Secretary. Provides for the compensation of hearing examiners presiding at any proceeding held under this Act. Authorizes the Secretary to establish clinical facilities to deal with asbestos-related disease in areas where such facilities are unavailable or inadequate if their establishment does not jeopardize the Secretary's ability to make benefit payments. Authorizes the Secretary to establish field offices to assist persons in the filing and processing of claims under this Act. Requires that starting on December 31, 1984, and annually thereafter, the Board of Directors of the fund report to Congress on its activities for the preceding calendar year. Makes the report available to responsible parties and bargaining units for claimants at no cost and to any other person at a reasonable fee. Authorizes appropriations to cover initial administrative costs for establishing and administering the fund.
United States · United States Congress · 11 December 1981
Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 180 days each during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Comptroller General to conduct a study of the hospice reimbursement method. Defines hospice care as including items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis.
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 · 10 December 1981
Expresses the sense of the Congress that the President should instruct the U.S. delegation to the February meeting of the United Nations Commission on Human Rights to tell the Commission that the Soviet Union should stop harassing Soviet Jews and should allow its citizens to practice their religion and to emigrate. Urges the Soviet Union to comply with its human rights obligations. Urges the President to: (1) express, to the Soviet Union, U.S. opposition to harassment of Soviet citizens and to restrictions on emigration; and (2) reiterate that the United States will consider the extent to which other nations honor their commitments under international law when evaluating its relations with such nations.
United States · United States Congress · 8 December 1981
Expresses the sense of the House of Representatives that the Congress associates itself with the hunger strike by Andrei Sakharov. Urges the Soviet Union to permit Yelizaveta Alekseyeva to emigrate. Urges the Soviet Union to allow Andrei Sakharov and his wife to choose their place of residence.
United States · United States Congress · 19 November 1981
Commends and supports the President's peace initiatives. Reaffirms the desire of Congress to work with the President to reduce the threats of nuclear war.
United States · United States Congress · 18 November 1981
Reaffirms the U.S. commitment to assist Pakistan against aggression from a Communist or Communist dominated state. Requires security assistance to be made available to help Pakistan deal with the threat posed by the Soviet presence in Afghanistan. Authorizes appropriations for fiscal year 1982 for providing aid to Pakistan through the Economic Support Fund. Subjects such aid to the limitations on nuclear transfers and detonations. Reaffirms that a nuclear detonation by a non-nuclear-weapon state would gravely damage U.S. relations with such state. Declares that U.S. aid to that state might end if such a detonation took place. Amends the Foreign Assistance Act of 1961 to prohibit the provision of certain economic and military aid to any country which: (1) delivers to, or receives from, another foreign country nuclear enrichment equipment, materials, or technology; or (2) delivers to, or receives from, another foreign country nuclear reprocessing equipment, materials, or technology other than certain technological alternatives to pure plutonium reprocessing. Requires suspension of certain economic and military aid to any country which: (1) transfers a nuclear explosive device to a non-nuclear- weapon state; or (2) if the country is a non-nuclear-weapon state, takes steps to build a nuclear explosive device or detonates such a device. Authorizes furnishing the military or economic aid that would otherwise be prohibited or suspended if the President makes a specified certification to Congress. Requires such a certification to take effect the day it is received by Congress. Empowers Congress to make such certification ineffective by adopting a concurrent resolution disapproving the furnishing of aid pursuant to such certification.
United States · United States Congress · 12 November 1981
Comprehensive Smoking Prevention Education Act of 1981 - 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 it 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 (repeals the existing export exemption) cigarettes without the required labeling. Changes labeling requirements. Directs the Federal Trade Commission (FTC) to establish cigarette labeling regulations as set forth by this Act. Eliminates certain congressional notification and reporting requirements. Increases the fine for violation of such Act from $10,000 to $100,000. Permits an individual civil action to be brought in U.S. district courts for violations of such Act. Requires such 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 · 12 November 1981
Condemns the treatment of Yuli Kosharovsky and his family by the Soviet Union. Expresses the sense of the House of Representatives that: (1) the President should express U.S. opposition to the refusal of the Soviet Union to permit Kosharovsky and his family to emigrate to Israel; (2) the Soviet Union should comply with international agreements and with its constitution by permitting the Kosharovsky's to emigrate; and (3) the Soviet Union should end its persecution of persons seeking to emigrate and its denial of basic religious, civil, and human rights to Jews.
United States · United States Congress · 12 November 1981
Expresses the sense of the House of Representatives that guidelines relating to title IX of the Education Amendments of 1972 (concerning sex discrimination in education) should not be repealed or altered.
United States · United States Congress · 12 November 1981
Expresses the sense of the Congress that the President should: (1) continue to express U.S. opposition to the imprisonment of Mart Niklus; (2) urge the Soviet Union to permit Niklus to emigrate; and (3) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with such countries.
United States · United States Congress · 12 November 1981
Expresses the sense of the Congress that policies of Jewish emigration discrimination and anti-Semitism are morally reprehensible. Urges the President to tell the Soviet Union that the United States opposes these policies and wants emigration restrictions on Soviet Jews removed.
United States · United States Congress · 10 November 1981
Public Employee Retirement Income Security Act of 1981 - Establishes Federal reporting and disclosure requirements and fiduciary standards for certain State and local government retirement plans. Extends the requirements of this Act to all public employee pension plans except: (1) those covered and not exempted under the Employee Retirement Income Security Act (ERISA); (2) unfunded plans maintained by the employer primarily to provide deferred compensation for select management or highly compensated employees; (3) severance pay plans; (4) certain coverage agreements entered into under the Social Security Act; (5) certain individual retirement accounts or annuities, annuity plans, State deferred compensation plans, and other plans under specified provisions of the Internal Revenue Code; and (6) plans maintained solely to comply with applicable workers' compensation or disability insurance laws. Title I: Reporting and Disclosure - Requires that plan administrators submit, within a specified period, registration statements to the Secretary of Labor, unless registration statements filed for a plan under Internal Revenue Code provisions still accurately reflect the status of the plan. Exempts a plan from the requirements of this Act if the Secretary determines that such plan is subject to State law imposing substantially equivalent requirements, with adequate provision for State administration and for collection of annual reports to be provided to the Board. Requires that a summary plan description apprising participants and their beneficiaries of their rights and obligations be published with respect to each plan. Specifies the content of such description. Requires that a summary plan description be updated at least once every ten years. Requires that an annual report be published with respect to each plan. Requires that each annual report include specified general information and a financial statement. Requires that annual reports for specified types of plans include actuarial statements and/or reports of insurance organizations. Requires actuarial valuations of plans at least once every three plan years, and more often if necessary. Directs plan administrators to provide the following information to participants and beneficiaries: (1) the summary plan description; (2) a summary description of any material modification in the terms of the plan; and (3) updated summary plan descriptions (for those whose future benefits may be affected by plan amendments). Directs plan administrators to furnish to any participant or beneficiary, upon written request, a statement indicating: (1) total accumulated plan benefits; (2) the extent to which, and the expected earliest date on which, such benefits are or will become vested pension benefits; and (3) the total accumulated contributions made by the participant. Directs plan administrators to provide to any participant or beneficiary who requests withdrawal of contributions, payment of benefits, or a benefit election, a written explanation of the effects of such action on remaining plan benefits. Requires plan administrators to file with the Secretary: (1) the annual report, within a specified period; (2) a copy of the summary plan description; and (3) upon request, any other plan-related document. Sets forth: (1) conditions under which such filings may be provided to the public; and (2) penalties for violations of such conditions. Authorizes the Secretary to: (1) reject such filings, under specified conditions; and (2) take specified appropriate actions if a revised and satisfactory filing is not submitted within 45 days. Sets forth requirements for retention of plan records. Requires plans covered by this Act to establish claims procedures that provide participants with adequate written notice and explanation of benefit denials and reasonable opportunity for full and fair review. Authorizes the Secretary to: (1) prescribe alternative methods of plan compliance with any requirement of this title; and (2) exempt any plan or class of plans from any such requirement (if necessary, in the public interest, and consistent with the purposes of this Act). Directs the Secretary to consider recommendations of the Advisory Council on Governmental Plans, established under this Act, before issuing such exemptions or prescribing such alternative compliance methods. Title II: Requirements Relating to Fiduciary Functions - Requires plans covered by this Act to provide for one or more fiduciaries and to include: (1) any funding policy which has been established; (2) procedures for amendment and for the allocation of responsibility for the plan's operation and administration; and (3) specification of the benefit provisions. States that all assets shall be held in trust by one or more trustees, with certain exceptions. Requires a fiduciary to discharge his or her duties for the exclusive purpose of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the plan, with the care, skill, prudence, and diligence that a prudent man would exercise in like circumstances. Directs a fiduciary to diversify the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. Sets forth the circumstances under which a fiduciary is liable for the breach of a co-fiduciary with respect to the same plan. Requires trustees holding assets of a plan to use reasonable care to prevent a co-trustee from committing a breach and to manage and control jointly the assets, unless allocation of responsibility is authorized by the trust agreement. Prohibits specified types of transactions involving plan property and parties-in-interest. Limits acquisition by a plan of qualifying employer securities, other employer obligations, and employer real property to five percent of the fair market value of the assets of the plan. Provides for exemptions from prohibited transactions. Makes a fiduciary personally liable for the breach of any of the responsibilities, obligations, or duties imposed upon fiduciaries by this Act. Prohibits relieving fiduciaries from requirements of this Act, but permits purchases of fiduciary insurance. Prohibits persons who have been convicted of specified crimes from serving in certain capacities, including fiduciary and trustee, for specified periods. Sets forth bonding requirements for every fiduciary of a plan, with specified exceptions. Provides for a limitation on actions against fiduciaries. Provides that no legislator or government official shall be a fiduciary or co-fiduciary with respect to actions taken in an official capacity. Title III: Administration and Enforcement - Authorizes civil actions to be brought by specified persons to enjoin or redress violations or otherwise enforce provisions of this Act. Provides that a plan administrator may be held personally liable for failure to comply with a request for information required under the Act. Grants to the Federal district courts exclusive jurisdiction of civil actions brought under this Act, but provides for concurrent jurisdiction of Federal and State courts with respect to certain actions. Permits attorney's fees to be awarded to a prevailing plaintiff or defendant under specified circumstances. Grants the Secretary the power to investigate violations of this Act and of any regulations the Secretary may prescribe to carry out this Act. Directs the Secretary to cooperate with State and local governments in exchanging information on plans. Provides that specified Federal laws relating to administrative procedure shall be applicable to this Act. Prohibits any employee of the Secretary from administering or enforcing this Act with respect to: (1) any plan under which the employee is a participant or beneficiary; or (2) any employee organization of which the employee is a member. Prohibits persons from taking retaliatory action against either a plan participant or a beneficiary for exercising any right under this Act, or from interfering with or preventing the exercise of such rights. Establishes an 11-member Advisory Council on Governmental Plans, to be appointed by the President, to advise and make recommendations to the Secretary with respect to its functions under this Act. Authorizes the Secretary to undertake research and compile information relating to pension plans. Directs the Secretary to: (1) report annually to Congress on the administration of this Act; and (2) publish at least annually specified information relating to pension plans. Provides that the fiduciary provisions of this Act preempt all State laws relating to the same subject matter. Sets forth other provisions relating to the effect of specified provisions of this Act on State and local laws. Authorizes appropriations to enable the Secretary to carry out functions and duties under this Act. Sets forth severability provisions and effective dates.
United States · United States Congress · 10 November 1981
Title I: Public Employee Retirement Income Security - Public Employee Retirement Income Security Act of 1981 - Establishes Federal reporting and disclosure requirements and fiduciary standards for certain State and local government retirement plans. Extends the requirements of this Act to all public employee pension plans except: (1) those covered and not exempted under the Employee Retirement Income Security Act (ERISA); (2) unfunded plans maintained by the employer primarily to provide deferred compensation for select management or highly compensated employees; (3) severance pay plans; (4) certain coverage agreements entered into under the Social Security Act; (5) certain individual retirement accounts or annuities, annuity plans, State deferred compensation plans, and other plans under specified provisions of the Internal Revenue Code; and (6) plans maintained solely to comply with applicable workers' compensation or disability insurance laws. Subtitle A: Reporting and Disclosure - Requires that plan administrators submit, within a specified period, registration statements to the Board of Directors of the Employee Benefit Administration (established under title II), unless registration statements filed for a plan under Internal Revenue Code provisions still accurately reflect the status of the plan. Exempts a plan from the requirements of this Act if the Board determines that such plan is subject to State law imposing substantially equivalent requirements, with adequate provision for State administration and for collection of annual reports to be provided to the Board. Requires that a summary plan description apprising participants and their beneficiaries of their rights and obligations be published with respect to each plan. Specifies the content of such description. Requires that a summary plan description be updated at least once every ten years. Requires that an annual report be published with respect to each plan. Requires that each annual report include specified general information and a financial statement. Requires that annual reports for specified types of plans include actuarial statements and/or reports of insurance organizations. Requires actuarial valuations of plans at least once every three plan years, and more often if necessary. Directs plan administrators to provide the following information to participants and beneficiaries: (1) the summary plan description; (2) a summary description of any material modification in the terms of the plan; and (3) updated summary plan descriptions (for those whose future benefits may be affected by plan amendments). Directs plan administrators to furnish to any participant or beneficiary, upon written request, a statement indicating: (1) total accumulated plan benefits; (2) the extent to which, and the expected earliest date on which, such benefits are or will become vested pension benefits; and (3) the total accumulated contributions made by the participant. Directs plan administrators to provide to any participant or beneficiary who requests withdrawal of contributions, payment of benefits, or a benefit election, a written explanation of the effects of such action on remaining plan benefits. Requires plan administrators to file with the Board: (1) the annual report, within a specified period; and (2) upon request, any other plan-related document. Sets forth: (1) conditions under which such filings may be provided to the public; and (2) penalties for violations of such conditions. Authorizes the Board to: (1) reject such filings, under specified conditions; and (2) take specified appropriate actions if a revised and satisfactory filing is not submitted within 45 days. Sets forth requirements for retention of plan records. Requires plans covered by this Act to establish claims procedures that provide participants with adequate written notice and explanation of benefit denials and reasonable opportunity for full and fair review. Authorizes the Board to: (1) prescribe alternative methods of plan compliance with any requirement of this title; and (2) exempt any plan or class of plans from any such requirement (if necessary, in the public interest, and consistent with the purposes of this Act). Directs the Board to consider recommendations of the Advisory Council on Governmental Plans, established under this Act, before issuing such exemptions or prescribing such alternative compliance methods. Subtitle B: Fiduciary Responsibility - Requires plans covered by this Act to provide for one or more fiduciaries and to include: (1) any funding policy which has been established; (2) procedures for amendment and for the allocation of responsibility for the plan's operation and administration; and (3) specification of the benefit provisions. States that all assets shall be held in trust by one or more trustees, with certain exceptions. Requires a fiduciary to discharge his or her duties for the exclusive purpose of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the plan, with the care, skill, prudence, and diligence that a prudent man would exercise in like circumstances. Directs a fiduciary to diversify the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. Sets forth the circumstances under which a fiduciary is liable for the breach of a co-fiduciary with respect to the same plan. Requires trustees holding assets of a plan to use reasonable care to prevent a co-trustee from committing a breach and to manage and control jointly the assets, unless allocation of responsibility is authorized by the trust agreement. Prohibits specified types of transactions involving plan property and parties-in-interest. Limits acquisition by a plan of qualifying employer securities, other employer obligations, and employer real property to ten percent of the fair market value of the assets of the plan. Provides for exemptions from prohibited transactions. Makes a fiduciary personally liable for the breach of any of the responsibilities, obligations, or duties imposed upon fiduciaries by this Act. Prohibits relieving fiduciaries of responsibilities under this Act, but permits purchases of fiduciary insurance. Prohibits persons who have been convicted of specified crimes from serving in certain capacities, including fiduciary and trustee, for specified periods. Sets forth bonding requirements for every fiduciary of a plan, with specified exceptions. Provides for a limitation on actions against fiduciaries. Provides that no legislator or government official shall be a fiduciary or co-fiduciary with respect to actions taken in an official capacity. Subtitle C: Administration and Enforcement - Authorizes civil actions to be brought by specified persons to enjoin or redress violations or otherwise enforce provisions of this Act. Provides that a plan administrator may be held personally liable for failure to comply with a request for information required under the Act. Grants to the Federal district courts exclusive jurisdiction of civil actions brought under this Act, but provides for concurrent jurisdiction of Federal and State courts with respect to certain actions. Permits attorney's fees to be awarded to a prevailing plaintiff or defendant under specified circumstances. Grants the Board power to investigate violations of this title and of any regulations the Board may prescribe to carry out this title. Directs the Board to cooperate with State and local governments in exchanging information on plans. Provides that specified Federal laws relating to administrative procedure shall be applicable to this title. Prohibits any employee of the Board from administering or enforcing this title with respect to: (1) any plan under which the employee is a participant or beneficiary; or (2) any employee organization of which the employee is a member. Prohibits persons from taking retaliatory action against either a plan participant or a beneficiary for exercising any right under this Act, or from interfering with or preventing the exercise of such rights. Directs the Board to transmit specified information to the Secretary of Health and Human Services. Amends the Social Security Act to require the Secretary of Health and Human Services to transmit to an individual, upon request, specified information obtained under the Internal Revenue Code or under this Act (relating to deferred vested pension benefits). Establishes an 11-member Advisory Council on Governmental Plans, to be appointed by the President, to advise and make recommendations to the Board with respect to its functions under this Act. Authorizes the Board to undertake research and compile information relating to pension plans. Directs the Board to: (1) report annually to Congress on the administration of this Act; and (2) publish at least annually specified information relating to pension plans. Provides that the fiduciary provisions of this Act preempt all State laws relating to the same subject matter. Sets forth other provisions relating to the effect of specified provisions of this Act on State and local laws. Authorizes appropriations to enable the Board to carry out its functions and duties under this title. Amends the Internal Revenue Code to provide that any pension plan or trust forming part of a plan subject to this title shall be deemed to have met the requirements for a tax qualified plan or trust. Amends the Internal Revenue Code to add provisions for tax exemptions with respect to public employee pension benefit plans as defined under this title. Sets forth severability provisions and effective dates. Title II: Employee Benefit Administration - Employee Benefit Administration Act of 1981 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to direct the President to establish, by the beginning of the second calendar year after enactment of this title, the Employee Benefit Administration (EBA) as an independent agency within the executive branch, to be headed by a three member Board of Directors. Creates two new positions, entitled special liaison officer to the EBA, one within the Department of Labor and one within the Department of the Treasury, to serve as directors. Provides for an Executive Director to serve as chairperson of the Board. Provides, in addition to the Executive Director, for four officers in the EBA, including one or more officers of the Pension Benefit Guaranty Corporation. Sets forth administrative provisions for the Board. Sets forth the functions of the Board, including transfers of specified functions (relating to employee benefit plans) of the Secretaries of Labor and the Treasury under ERISA, the Internal Revenue Code and the Welfare and Pension Plan Disclosure Act. Directs the President to transfer to the Board additional functions of any Federal agency which is necessary to effectuate the maximum feasible consolidation of administrative and related functions of the Government relating to employee benefit plans. Sets forth provisions for coordination between agencies. Authorizes appropriations (under ERISA) to the EBA to enable the Board to carry out its functions and duties. Sets forth transfers to the Board of specified administrative and enforcement functions and duties of the Secretaries of Labor and the Treasury under ERISA and the Internal Revenue Code. Redesignates the Joint Board for the Enrollment of Actuaries as the "Actuary Enrollment Board," and transfers it, as a distinct entity, to the EBA. Provides for effective dates of transfers of functions. Provides for transfers of officers and employees to the EBA. Sets forth transitional and savings provisions. Sets forth miscellaneous and conforming amendments.
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 · 10 November 1981
Expresses the sense of the Congress that the President should: (1) express U.S. opposition to the imprisonment of Alexander Paritsky; (2) urge the Soviet Union to release him from prison, to stop harassing him and his family, and to permit him and his family to emigrate; and (3) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with such countries.
United States · United States Congress · 5 November 1981
Expresses the sense of Congress that the spread of international terrorism poses a danger for world peace and U.S. security and that the United States should ensure that no U.S. citizen is acting in the service of terrorism. Directs the President to report to the Speaker of the House of Representatives and the chairman of the Senate Foreign Relations Committee on legislative and administrative remedies and alternatives and enforcement resources necessary to prevent the support of terrorism by U.S. citizens.
United States · United States Congress · 5 November 1981
Expresses the sense of the House of Representatives that: (1) the Bureau of Labor Statistics is deserving of full support for its announced corrections in the housing component of the Consumer Price Index (CPI); (2) these corrections should be implemented expeditiously; and (3) the Bureau should determine a policy for frequent periodic updating of the market basket, as well as for measuring quality and tax changes in the CPI.