United States · United States Congress · 19 February 1981
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the payment of death benefits to public safety officers who die as the result of a medical condition sustained while ingesting or inhaling a poisonous substance or while subject to extreme physical stress, on a single occasion, in the performance of duty.
United States · United States Congress · 18 February 1981
Patent Term Restoration Act of 1981 - Amends the patent law to extend the terms of patents which encompass specified products or a method for using a product any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a seven year limitation. Directs the Commissioner of Patents to issue to the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent. Limits the application of such patent term extension to patents for products subject to regulation under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act, and the Act of March 4, 1913 (relating to virus, serum, toxin, and analogous products).
United States · United States Congress · 5 February 1981
Administrative Rulemaking Reform Act - Directs a Federal agency preparing to hold a rulemaking session to make a reasonable effort to inform those likely to be affected by the proposed rulemaking. Requires the notice of rulemaking to include: (1) the projected effective date of the rules; (2) the purpose of the rulemaking; (3) the text of the proposed rules; and (4) the studies on which the agency intends to rely in the rulemaking proceedings. Requires public notice and public opportunity for comment on all rulemaking proceedings unless the agency finds that proposed rules are emergency rules or are of routine or insignificant impact. Requires Federal agencies to give interested persons at least 45 days to participate in the rulemaking. Provides for agency hearings to receive oral comments, and procedures to resolve significant controversies over factual issues. Requires each agency to maintain a public file of all relevant material and required statements for each rulemaking. Prohibits adoption of a proposed rule that has been revised substantially unless interested persons are provided an opportunity to comment on such revisions. Sets forth an expedited rulemaking procedure for rules to replace emergency rules. Directs each agency to submit a copy of each promulgated rule to each House of Congress. Declares that no rule, excluding an emergency rule, shall become effective if: (1) both Houses of Congress adopt a concurrent resolution disapproving it within 90 days of continuous session of Congress; or (2) one House adopts such a resolution within 60 such days and the other House does not disapprove such resolution within 30 days thereafter. Authorizes either House to adopt a resolution directing an agency to reconsider and repromulgate a newly promulgated rule or an existing rule within a specified period. Provides that if such agency fails to act such rule shall lapse. Directs the Administrative Conference of the United States to study and report on the effects on rulemaking of the Congressional review provisions of this Act. Authorizes appropriations for such study. Directs a court reviewing an agency rule to set aside any rule found to be unwarranted by material in the rulemaking file.
United States · United States Congress · 5 February 1981
Stipulates that the payment of retired or retainer pay which would otherwise be made to a member of the armed forces shall be paid by the Secretary concerned to another person to the extent provided for in the terms of any court decree of divorce, annulment, or legal separation.
United States · United States Congress · 5 February 1981
Authorizes the Administrator of Veterans' Affairs to furnish a memorial headstone or marker to commemorate any veteran whose remains are unavailable because of a donation to science, a burial at sea, or other causes. Directs the Administrator to set aside suitable areas in national cemeteries to honor such veterans.
United States · United States Congress · 5 February 1981
Petroleum Displacement Act of 1981 - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal certain prohibitions and limitations on the use of natural gas as a primary energy source in electric powerplants. Repeals the authority of the Secretary of Energy to prohibit the use of petroleum or natural gas or both: (1) as a primary energy source in electric powerplants where coal or alternate fuel capability exists; and (2) in excess of a minimal amount in an electric powerplant in which it is feasible to use a mixture of petroleum or natural gas or an alternate fuel as a primary energy source.
United States · United States Congress · 5 February 1981
Amends the Internal Revenue Code to permit married individuals filing separate income tax returns an election to be taxed at rates applicable to unmarried individuals.
United States · United States Congress · 4 February 1981
Criminal Code Revision Act of 1981 - Title I: Revision of Title 18 - Amends in its entirety title 18 of the United States Code, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing and corrections; (4) administration and procedure; and (5) ancilliary civil proceedings. Subtitle I: Provisions of General Applicability - Sets forth 36 general definitions. Provides that particular offenses may include separate Federal jurisdictional requirements. Directs the Attorney General to prescribe guidelines for the exercise of Federal enforcement efforts where there is concurrent State or local jurisdiction. Requires these guidelines to provide for the discontinuation of Federal efforts unless a demonstrable, substantial interest would be served. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise. Declares that Federal jurisdiction is not generally preemptive of State jurisdiction, but enumerates offenses with respect to which the Attorney General may order preemption. Decreases from 78 to four the mental states for criminal culpability ("intentional," "knowing," "reckless," and "negligent"). Sets forth general rules for criminal complicity. Does not include "facilitation" as a general crime. Allows a defendant to be convicted of an offense based on the conduct of another person only if the defendant knowingly and with specific intent induced or aided the commission of the crime (thus rejecting the "Pinkerton" doctrine, which makes a co-conspirator liable for the foreseeable criminal conduct of another). Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the offense, but allows the prosecution of a defendant who is at least 16 and commits class A, B, or C felony. Sets forth a general statute of limitations of five years for a felony or misdemeanor and three years for an infraction (currently such limits vary with the offense). Permits an extended period for certain concealable offenses, such as fraud or misconduct in office. Sets forth a statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection of persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement. Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense; (3) offenses involving international affairs; (4) offenses involving government process; (5) offenses involving revenue; (6) offenses involving individual rights; (7) offenses involving the person; (8) offenses involving property; and (9) miscellaneous offenses. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense. Repeals the Smith Act (prohibiting advocating the overthrow of the government), the current prohibition against spreading false information during wartime with intent to aid the enemy, and the Mann Act. Includes the offense of criminal "attempt" only insofar as provided by specific offenses. Does not include "solicitation" as a general crime. Includes among new Federal offenses: (1) obstructing a Government inspection by fraud or by physicial interference; (2) a general crime of making false written statements; (3) speculating on official action or information; (4) a series of offenses covering the obstruction of political rights; (5) possession of an eavesdropping device; (6) Government program bribery; (7) trafficking in stolen property; (8) sexual abuse of a ward; and (9) operating a racketeering syndicate. Revises numerous offenses, including the following changes. Adds a new "renunciation" defense to the offense of conspiracy. Limits the offense of "impairing military effectiveness to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired. Revises "criminal contempt" to impose a maximum prison sentence of five days and a fine of $500 (current law imposes no such limits). Makes it a bar to punishment that the court order is unconstitutional or that the order is invalid and the offender took reasonable steps to obtain judicial review. Limits the offense of "obstructing a Government function by physical action" to: (1) the service or execution of authorized legal documents; (2) the performance of extradition or Secret Service duties; (3) the performance of duties under court order; (4) passage of the U.S. mail; or (5) execution of an arrest by a law enforcement officer. Changes the offense of "bail jumping" to vary the penalties according to the category of offense. Consolidates numerous false statement statutes under current law. Limits this offense to written or recorded statements. Punishes oral false statements only with respect to misprision of a felony, false implication of another, or false statements about emergencies. Requires that a Government public servant who commits the offense of "tampering with a Government record" be disqualified from office for a period of up to five years. Cross-references the offense of "tax evasion" to existing prohibitions under the Internal Revenue Code. Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); and (3) prohibit discrimination based on sex (current law includes race, color, religion, or national origin). Eliminates the specific intent requirement, but identifies a number of serious crimes which violate constitutional rights. Carries forward, in modified form, felony murder. Extends Federal jurisdiction over any contract murder involving interstate commerce. Revises various sex offenses to eliminate distinctions as to the sex of the offender or victim. Redesignates rape as aggravated criminal sexual assault, and includes additional acts with respect to such offense. Makes punishable aggravated sexual assault of one spouse by the other, but applies the interspousal exemption for lesser sex offenses. Provides, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender. Eliminates the "affecting commerce" jurisdictional basis with respect to robbery. Retains language in current law which defines extortion as "wrongfully" obtaining the property of another. Consolidates numerous theft statutes under current law. Varies the penalities with the value and type of property stolen. Revises the crime of "executing a fraudulent scheme" to cover pyramid sales schemes. Extends Federal jurisdiction to include obtaining at least $100,000 in insurance proceeds through the offense of arson. Extends Federal jurisdiction over the counterfeiting of securities or bonds issued by a State or local government which are in interstate or foreign commerce. Extends the scope of labor bribery to include bribery involving union membership procedures and work placement. Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent. (Such a rate only evidences extortion undercurrent law). Raises the penalties for large-scale trafficking in marihuana and cocaine. Limits the current offense of using or carrying a firearm during commission of a Federal felony to crimes of violence. Expands this crime to include the carrying or use of an imitation firearm or explosives. Establishes a mandatory two-year minimum sentence for a first offender who uses a firearm or explosive which was capable of causing serious bodily injury. Makes such offender ineligible for parole. Narrows the applicability of "riot offenses" by defining "riot" as involving at least ten persons (three in current law). Conforms the definition of "obscene material" to Supreme Court decisions for the purposes of the offense of "transferring or exhibiting obscene material." Makes it a bar to prosecution that the transfer, exhibit, or possession was legal in the State or locality where it occurred. Subtitle III: Sentencing and Corrections - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment, probation, or conditional discharge, and to receive additional sanctions including a fine or an order of restitution in cases involving bodily injury or property damage. Sets forth the general purposes of sentencing. Specifies factors to be considered by a sentencing court, including the applicable sentencing guidelines prescribed by the Judicial Conference of the United States. Requires the court to impose a sentence which is consistent with the sentencing guidelines, unless aggravating or mitigating circumstances exist. Requires the court to state the specific reasons for imposing a sentence which is not consistent with the guidelines. Requires presentence hearings to resolve issues of fact which are essential to the sentencing decision. Authorizes the court to permit the parties to subpoena and cross-examine witnesses. Authorizes imposition of a term of probation for all but the most serious class of felonies. Requires as mandatory conditions of probation that the defendant: (1) not commit another Federal or State crime; and (2) make restitution if practical. Enumerates 18 discretionary conditions. Sets forth revocation procedures for violations of a sentence of conditional discharge, probation, or restitution. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F) and three classes of misdemeanors (A to C). Does not include capital punishment as an authorized penalty. Eliminates the "good time" provisions of current law. Allows a defendant, but not the Government, to appeal a sentence. Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Establishes within the Conference a Committee on Sentencing to make guideline recommendations. Retains the parole system. Increases the minimum period for parole eligibility from one-third to one-half of the term of imprisonment served. Directs the Judicial Conference of the United States and the Parole Commission to submit joint reports within five years of the effective date of the sentencing guidelines on the need for parole release. Subtitle IV: Administration and Procedure - Leaves generally unchanged the rules respecting venue. Limits the prosecution of transferring obscenity to the districts where the material was disseminated or the offense was completed. Carriers forward current law respecting the release of offenders on bail. Amends the wiretapping law to restrict the interception of communications without a court order in emergency situations to the offenses of treason, espionage, sabotage, or racketeering. Establishes new procedures requiring authorization for investigative use of a "pen register" (a mechanical device which records numbers dialed on a telephone line to which it is attached). Subtitle V: Ancillary Civil Proceedings - Consolidates and enumerates 22 offenses for which the Attorney General may initiate civil forfeiture proceedings. Title II: Reenactment of Certain Portions of Former Title 18 with Substantive Changes, Amendments to Laws Outside of Title 18, and Technical and Conforming Provisions - Reenacts various current offenses under title 18 amending the penalties to conform with the new general penalty provisions under title I. Restates generally unchanged the Gun Control Act of 1968 (see title I above for criminal offenses). Reenacts the Logan Act (prohibiting private communication with a foreign government to influence foreign policy). Amends offenses outside of title 18 to cross-reference to offenses and penalties under this Act. Title III: Effective Date - Makes this Act effective on the fourth January 1 after enactment.
United States · United States Congress · 4 February 1981
Intelligence Agents Protection Act of 1981 - Establishes criminal penalties for anyone who knowingly and willingly discloses classified information identifying an individual engaged in foreign intelligence or counterintelligence activities for the United States Government. Establishes criminal penalties for anyone who falsely asserts, publishes, or otherwise claims that an individual is engaged in such activities. Directs the Attorney General to seek injunctive relief in a U.S. district court whenever the head of a department or agency determines a person is about to engage in such prohibited conduct. Prohibits the payment of a Federal service annuity, retired pay, or gratuitous veterans' benefits to an individual, or his survivor or beneficiary, convicted of such offenses. Directs the Attorney General to notify the Director of Office of Personnel Management and the Administrator of the Veterans' Administration of the advent and disposition of such criminal proceedings.
United States · United States Congress · 28 January 1981
Veterans' Educational Assistance Act of 1981 - Establishes a new educational assistance program for the all-volunteer force. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least three years to basic educational assistance. Entitles veterans of the Selected Reserve and the National Guard who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $250 for a full-time approved program of education. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Entitles veterans who have served three or more consecutive years of active duty in addition to those required for basic educational assistance to supplemental educational assistance. Entitles veterans of the Selected Reserve who have served two or more consecutive years of active duty and four or more consecutive years of duty in the reserves in addition to that required for basic educational assistance to supplemental educational assistance. Entitles such veterans to a monthly supplemental assistance allowance of $300 a month. Permits the provision of such assistance to an individual entitled to basic educational assistance who has a skill or specialty in which there is a critical shortage of personnel. Permits the Secretary of Defense to authorize such an individual to transfer to a dependent part or all of such individual's entitlement to educational assistance. Sets forth the conditions under which transferred benefits may be provided. Permits the Secretary of a military branch to enter into preservice educational assistance agreements to encourage enlistment in the active-duty and reserve components. Sets forth the terms and conditions for such assistance. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharge and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance. Allocates the administration and costs of such programs to the Veterans' Administration and the Department of Defense. Requires predischarge counseling which includes a discussion of educational benefit entitlements. Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs. Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981. Amends the Department of Defense Authorization Act, 1981, to extend the pilot Department of Defense educational loan repayment program.
United States · United States Congress · 28 January 1981
Amends the Powerplant and Industrial Fuel Use Act of 1978 to permit local distribution companies to provide natural gas service to residential customers for use in outdoor lighting fixtures installed and receiving natural gas before the enactment of such Act. Requires each local distribution company, in accordance with rules established by the Secretary of Energy, to: (1) periodically inform its customers of the amount of natural gas consumed by outdoor lighting; and (2) report such information method to the Secretary.
United States · United States Congress · 28 January 1981
Amends rule X of the Rules of the House of Representatives to establish the Committee on Internal Security with jurisdiction over communist, terrorist, and other subversive activities. Removes such jurisdiction from the Judiciary Committee. Transfers to the Internal Security Committee all of its property under the control of the Judiciary Committee or any other government agency.
United States · United States Congress · 28 January 1981
Commends former President Jimmy Carter, former Secretary of State Edmund Muskie, and former Deputy Secretary of State Warren Christopher for their success in securing the release of the American hostages held in Iran. Conveys appreciation to the Algerian negotiators for the role they played in resolving the hostage crises. Pays tribute to the eight servicemen killed in the April 1980 effort to rescue the American hostages. Commends President Reagan for designating former President Carter to officially greet the freed hostages.
United States · United States Congress · 27 January 1981
Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit, to 12 1/2 percent of the value of the coal produced yearly, the amount of all State and local severance taxes or fees on coal shipped in interstate commerce to any powerplant or major installation.
United States · United States Congress · 27 January 1981
Directs the Postal Service to submit to Congress (rather than to the Postal Rate Commission) any proposed change in the nature of postal service which would have nationwide impact. Requires any statement of proposed change so submitted to include an estimate of the impact of such change upon the public, business mail users, service levels and postal finances. Provides that no proposed change shall become effective if either House of Congress adopts a resolution disapproving it within 60 days after it is submitted to Congress.
United States · United States Congress · 27 January 1981
Radio Broadcasting Deregulation Act of 1981 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from regulating the program content or record keeping of commercial radio broadcasting station licensees.
United States · United States Congress · 27 January 1981
Amends the Internal Revenue Code to eliminate the phased reduction of the rate of the percentage depletion allowance for independent oil and gas producers and royalty owners (reduced to 15 percent by 1984) and to retain the 22 percent rate for taxable years ending after 1980.
United States · United States Congress · 27 January 1981
Amends the Securities Exchange Act of 1934 to prohibit certain credit transactions for the acquisition of securities of United States corporations by either United States or non-United States persons where such a transaction is financed by either United States or non-United States 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. Applies the provisions of this Act to any purchase or carrying of securities on or after January 27, 1981, if 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.
United States · United States Congress · 27 January 1981
Broadcast Licensing Act of 1981 - Amends the Communications Act of 1934 to increase the terms of radio broadcasting station licenses to ten years and of television broadcasting station licenses to five years. Prohibits the Federal Communications Commission, in considering an application for the renewal of a broadcasting station license, from taking into account the following: (1) any ownership interest which is held by the renewal applicant involved in any other broadcasting station or in any nonbroadcasting communications medium; or (2) any participation by such renewal applicant in the day-to-day administration and operation of the broadcasting station involved. Requires the Commission to grant such renewal if such licensee is in substantial compliance with requirements of such Act. Permits the Commission to issue without a hearing a construction permit to an initial applicant if such application is mutually exclusive with other applications for technical factors.
United States · United States Congress · 23 January 1981
Savings and Retirement Income Incentive Act of 1981 - Amends the Crude Oil Windfall Profit Tax Act of 1980 to make permanent the income tax exclusion for dividend and interest income. Increases such tax exclusion for persons over age 65 to $500 ($1,000 for joint returns). Amends the Internal Revenue Code to increase to $2,000 the amount of the income tax deduction for contributions to individual retirement accounts. Eliminates the prohibition against certain pension plan participants (e.g. government and military personnel) from making deductible contributions to individual retirement accounts. Increases the amount of nondeductible contributions which an individual may make to an individual retirement account in a taxable year and over such individual's lifetime. Permits contributors to an individual retirement account to withdraw from such an account up to $10,000, without tax penalty, in order to purchase a first home or finance the higher education of a dependent child. Allows an income tax deduction for voluntary employee contributions to tax-qualified employer pension and annuity plans.
United States · United States Congress · 22 January 1981
Prisoner of War Health-Care Benefits Act of 1981 - Authorizes the Administrator of Veterans' Affairs to establish an advisory committee to assess new medical and other information on former prisoners of war (POW's). Requires that such committee include former POW's of World War II, the Korean conflict, and the Vietnam era and individuals who are recognized authorities in certain fields of medicine. Directs the committee to submit a biennial report to the Administrator on its activities. Reduces from six months to 60 days the internment period after which it may be presumed that a POW has suffered certain diseases. Makes POW's with the disease of psychosis manifest to a degree of ten percent presumptively eligible for wartime disability benefits (presently such psychosis must have occurred within two years of separation from service). Entitles POW's of not less than 60 days' internment during World War I, World War II, the Korean conflict, or the Vietnam era to hospital, nursing home, and domiciliary care benefits. Directs the Administrator to prescribe regulations and furnish medical services for any disability on an outpatient or ambulatory basis to such POW's. Includes veterans held in captive status due to the seizure of the United States Embassy in Iran among those veterans eligible for educational assistance.
United States · United States Congress · 22 January 1981
Capital Cost Recovery Act of 1981 - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Permits calculation of the investment tax credit for such property without regard to the useful life of the property. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits a taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year.
United States · United States Congress · 22 January 1981
Resource Conservation and Development Act of 1981 - Directs the Secretary of Agriculture to establish a resource conservation and development program to assist States, local units of government, and local nonprofit organizations to operate and maintain a planning process for land conservation and utilization, natural resources development, and rural economic and environmental improvement. Authorizes the Secretary to: (1) provide technical assistance in developing area plans for designated rural areas; (2) cooperate in conducting surveys and inventories, disseminating information, and developing area plans; (3) assist in the carrying out of approved area plans by local public agencies and nonprofit organizations designated by States; and (4) enter into specified agreements with such State and local entities. Sets forth the terms and conditions of such agreements. Permits the identification of groups or problems for special consideration in area plans. Directs the Secretary to establish within the Department of Agriculture a Resource Conservation and Development Policy Board to advise the Secretary regarding the administration of this Act. Directs the Secretary to evaluate the program provided for in this Act and to report on such evaluation by December 31, 1986. Authorizes appropriations necessary to carry out this Act, with specified annual limits on technical and financial assistance and on loans.
United States · United States Congress · 22 January 1981
Authorizes the President to present on behalf of the Congress specially struck gold medals to fifty-three individuals held hostage in the United States Embassy in Iran. Directs the Secretary of the Treasury to: (1) strike fifty-three gold medals with suitable emblems, devices and inscriptions; and (2) coin and sell bronze duplicates of such medals. Authorizes appropriations.
United States · United States Congress · 22 January 1981
Amends the Internal Revenue Code to exclude from gross income interest or dividends earned on savings deposits which are used by the deposit institutions for residential mortgage lending purposes.
United States · United States Congress · 22 January 1981
Establishes in the House of Representatives a Select Committee on the Embassy Crisis in Iran to investigate the events preceding and during the takeover of the U.S. embassy. Requires the Committee to report to the House on its investigation not later than November 30, 1981.
United States · United States Congress · 20 January 1981
Constitutional Amendment - Prohibits the total amount of money expended by the United States in any fiscal year from exceeding the total amount of revenue received by the United States during such fiscal year, except in time of war as declared by the Congress. Allows the suspension of the amendment by a joint resolution approved by a vote of three-fifths of the Members of each House of the Congress and approved and signed by the President, or by a vote of two-thirds of the Members of each House of the Congress. Requires tax rates to be reduced to offset the effects of inflation. Establishes a procedure for the approval of bills or joint resolutions affecting taxes.
United States · United States Congress · 19 January 1981
Family Enterprise Estate and Gift Tax Equity Act - Amends the Internal Revenue Code to increase the unified credit against the estate and gift taxes from $47,000 to $155,800 by specified annual increments through 1985. Increases from $175,000 to $500,000, by specified annual increments through 1985, the minimum gross estate requirement for filing of a return. Repeals the existing limitations on the marital deduction for gift and estate taxes. Increases from $3,000 to $6,000 the annual gift tax exclusion. Qualifies estates of decedents who were disabled or retired for the special valuation of certain farms based on use if such decedents materially participated in the operation of the farm for five out of eight years preceding the year in which they became disabled or eligible for disability benefits, under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Permits the spouse of a decedent to use such valuation if the spouse has managed the farm or business for ten years preceding the decedent's death or takes over active management upon the decedent's death. Qualifies the owner of a woodland for the special use valuation if the owner or a member of the owner's family actively managed the property for ten years prior to the owner's death. Reduces from 15 to ten years the length of time a qualified property must be held and put to a qualified use following the decedent's death before it can be disposed of without incurring a recapture of estate tax benefits. Permits active management rather than material participation as a test for qualification of the estate for spouses, children under 21, students, and disabled individuals who receive property from a decedent who qualified for special use valuation. Repeals the $500,000 limitation on the reduction of the value of qualified real property permitted by the special use valuation. Allows the like kind exchange of property without loss of special use valuation eligibility. Allows valuation based on net crop share rentals as an alternative method of valuing farms. Repeals the requirement that an heir elect special treatment for involuntary conversions of qualified real property, thus making such treatment automatic upon such conversion. States that gifts made within three years of a decedent's death shall be valued as of the time of transfer rather than as of the date of death. Authorizes an individual to elect to pay a gift tax rather than use the unified tax credit. Modifies the alternate extension of time for payment of the estate tax where the estate consists largely of an interest in a closely held business to: (1) allow an installment payment election if the value of the interest in the closely held business is either 35 percent of the value of the gross estate or 50 percent of the taxable estate; (2) increase to 50 percent the value of an interest disposed of which will accelerate the payment of tax; and (3) permit payment, but with a penalty, of an installment within six months after the due date. Allows a disclaimer of an interest in property for estate tax purposes in specified circumstances where such disclaimer does not result in the passing of the interest concerned under the applicable State law.
United States · United States Congress · 19 January 1981
Amends the Internal Revenue Code to increase from $20,000 to $75,000 in 1981 (with annual adjustments up to $95,000 in 1985 and thereafter) the earned income exclusion for U.S. citizens working abroad who are bona fide residents of a foreign country. Repeals the requirement that, as a condition of their employment, such individuals reside in a hardship area. Reduces from 17 to 11 months the residency requirement for such exclusion. Provides for an income tax exclusion for the value of employer-provided lodging in a camp in cases where satisfactory housing is not generally available. Reduces from 17 to 11 months the foreign residency requirement with respect to the deduction for certain housing expenses of living abroad.
United States · United States Congress · 9 January 1981
Amends the Immigration and Nationality Act to authorize the Attorney General to order the deportation of certain nonimmigrant aliens (including foreign students) in the United States who: (1) knowingly participated in a political demonstration resulting or intending to result in personal injury or property damage; or (2) while in the United States, took part in any unlawful activity or advocated the overthrow by violence of any organized government. Permits the Attorney General to suspend deportation of such students.
United States · United States Congress · 9 January 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which an individual may earn while receiving benefits.
United States · United States Congress · 6 January 1981
Regulatory Procedure Act of 1981 - Title I: The Analysis, Management, and Organization of Agency Functions - Requires the head of each Federal agency to publish for each proposed major rule a preliminary regulatory analysis which describes: (1) the need for the rule; (2) the reasonable alternative approaches; (3) regional differences; (4) the projected benefits, adverse economic effects, and effectiveness of the proposed rule and alternatives; and (5) the advantages and disadvantages of adopting performance standards rather than design standards. Requires that each agency publish for each final major rule a final regulatory analysis which includes: (1) an explanation of the selection of the rule considering its adverse economic effects; (2) a summary of the significant issues raised by public comments; and (3) the total costs to the agency of the preliminary and final regulatory analysis. Directs each agency to: (1) include in the notice of each proposed and final major rule, instructions of how the public may obtain copies of such analyses; and (2) send a copy of such analyses to the Office of Management and Budget (OMB). Authorizes an agency to delay completing such analyses by publishing a finding that the rule is being adopted in response to an emergency that makes completion of such analyses impossible. Terminates any such emergency rule if such analyses are not completed within 180 days of the publication of the rule. Bars judicial review of such regulatory analyses. Requires the Director of OMB and the Comptroller General to report to Congress on agency compliance with the requirements of this title. Requires each agency to publish in the Federal Register, semiannually, a regulatory agenda containing a list of major and other rules for the next year and certain specified information concerning such rules. Directs each agency to submit its proposed major rules to the President for incorporation into a semiannual Calendar of Federal Regulations. Requires the Director of OMB to review and publish a list of rules submitted which potentially duplicate or conflict with other proposed or existing rules. Directs each agency: (1) include in the notice of a rulemaking or adjudicatory proceeding the date by which the agency intends to complete such proceeding; and (2) to prepare and publish in the first regulatory agenda of the year a report on such proceedings which includes the number of proceedings the agency failed to complete by the established deadline and the reasons for such failure. Requires that such report also disclose specified information concerning the use of funds by the agency for procuring services for the preparation of any report in connection with such a proceeding. Requires each agency, within 6 months of the effective date of this Act, to: (1) establish an office, within such agency, to be responsible for regulatory planning and management; (2) issue guidelines for determining which rules are significant rules; and (3) issue guidelines to insure that an adopted major or significant rule meets certain criteria including requirements that: (a) the rule is written to be easily understood; (b) there has been full consideration with affected State and local governments; and (c) the public has been given a full opportunity to participate in the rulemaking process. Requires that each agency submit to OMB and publish in the Federal Register a draft schedule for the review, over a ten-year period, of its major rules and practices. Sets forth guidelines for such review. Directs each agency to publish a final review schedule within one year. Requires that each agency announce the review date for each major rule upon its publication. Requires each agency to publish an assessment of each precept reviewed. Declares that such review requirements shall not apply to any rule or practice involving the internal revenue laws of the United States. Title II: Reorganizing and Improving Agency Proceedings - Requires that the general notice of a proposed rule include: (1) a statement that the agency seeks proposals from the public of alternative methods; and (2) a statement of where the file of the rulemaking proceeding may be inspected or how file copies may be obtained. Subjects rules concerning public property, loans, grants, benefits, or contracts to notice and comment rulemaking procedures. Directs each agency to maintain a file of each rulemaking proceeding. Requires each agency to transmit semiannually to the appropriate Congressional committees an agenda listing all areas in which the agency intends to propose major rules during the following year. Directs each agency to transmit a copy of each final rule to each House of Congress and to such committees on the day the rule is published. Prohibits the rule from becoming effective: (1) until 30 days after it is received by such committees; (2) until the earlier of the expiration of 60 days after the date on which a committee reports a resolution disapproving the rule or the date on which such resolution is rejected; or (3) if such a resolution is enacted. Exempts from such time constraints any major rule promulgated in response to an emergency situation. Prohibits an agency from promulgating a new rule substantially the same as a disapproved rule. Requires agencies to respond in an appropriate manner to good faith requests from interested persons for interpretations of agency rules. Creates a new procedure for administrative proceedings required by statute. Establishes an "expedited procedure" which applies to any proceeding predominantly concerning policy issues of a general character, including rulemaking and initial licensing. Requires "trial-type procedures" for proceedings which predominantly concern specific factual questions, including proceedings to assess a civil penalty or fine or to determine a claim for certain individual benefits. Directs the agency to conduct a hearing in such a proceeding to afford parties an opportunity to submit written data, arguments, and responses, and, at the request of any party, an opportunity for oral argument. Requires the presiding employee to designate a disputed question for formal cross-examination upon determining, at the conclusion of the hearing, that there is a substantial dispute of fact which can be resolved sufficiently only by formal cross-examination and upon which the decision of the agency is likely to depend. Sets forth procedures for issuing subpoenas in formal proceedings under the expedited or trial-type procedures. Enumerates the powers and responsibilities of a presiding employee at proceedings under trial-type procedure. Allows an agency to designate an appropriate employee to recommend a decision for a proceeding under expedited procedure when the presiding employee submits the record of the proceeding without a recommended decision. Authorizes each agency to establish employee boards to review the decisions of presiding employees. Directs each agency to specify conditions under which it will accept an appeal of a decision of a presiding employee or such a board, and the conditions under which it will exclude a decision from the jurisdiction of a review board. Requires an action to be brought in the U.S. Court of Appeals for the review of an agency rule for which there is no applicable special statutory review procedure. Prohibits a court reviewing an agency action involving a rule from making any presumption in favor of or against the agency action. Requires such court to determine the agency's jurisdiction on the basis of the language of the authorizing statute or other evidence of legislative intent.
United States · United States Congress · 5 January 1981
Amends the Internal Revenue Code to exclude from gross income a corporate stock distribution to a stockholder based upon the reinvestment of stock dividends in the corporation by such stockholder pursuant to his election to participate in a qualified dividend reinvestment plan, as defined in this Act. Limits the amount of such exclusion to $1,500 per year. Establishes a rebuttable presumption that a distribution made by a corporation which purchases its common stock within one year of such distribution shall not be deemed a distribution pursuant to a qualified dividend reinvestment plan.
United States · United States Congress · 5 January 1981
Limitation on Government Recordkeeping Requirements and Actions Act of 1981 - Prohibits any Federal agency from: (1) requiring any person to maintain, prepare, or produce records (other than records relating to a dangerous material) of an event more than four years after the event has occurred; and (2) commencing an action against a person for a violation of a regulation more than four years after such violation has occurred, except as otherwise provided by the Internal Revenue Code.
United States · United States Congress · 5 January 1981
Amends the Internal Revenue Code to allow individual taxpayers a refundable income tax credit for the purchase of new passenger automobiles after December 31, 1980, and before January 1, 1982, which were manufactured by companies whose average fuel economy rating for passenger automobiles in model year 1979 equals or exceeds 120 percent of their rating for model year 1974. Establishes the amount of such credit as $500.
United States · United States Congress · 5 January 1981
Includes as creditable service for purposes of determining the amount of an individual's civil service annuity payment, any military service performed by that individual after December, 1956, regardless of that individual's eligibility for Social Security benefits for such military service.
United States · United States Congress · 5 January 1981
Sunset Act of 1981 - Title I: Reauthorization of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for fiscal year 1979. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program, after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to schedule and conduct a sunset review of programs to be reauthorized. Requires that the report accompanying such reauthorizations contain specified information and be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, as well as litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution, and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two House of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Makes provisions for any proposed change which has been reported by a committee before June 1, 1982. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist Congress in carrying out reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1982. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority and the manner in which related program areas may be grouped for evaluation and review. Permits the Congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of Congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation. Directs each Committee to inform itself of the related activities of or available assistance from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and other appropriate instrumentalities in the executive and judicial branches. Requires each committee to deliver a report on the reexamination to the Secretary of the Senate or the Clerk of the House at the date specified in the funding resolution first reported by such committee in 1983 and thereafter for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee. Defines the term "tax expenditure provision" as any provision of Federal law which allows a special exclusion, exemption, or deduction in determining liability for any tax or which provides a special credit against any tax, a preferential rate of tax, or a deferral of tax liability. Specifies the contents of the report, which include an estimate of the revenue loss from each tax provision. Requires the Director to: (1) submit a revised inventory to each House of Congress by December 1, 1982; (2) revise the inventory after the close of each session of Congress and report such revisions to Congress; and (3) periodically report on Congressional action on bills and resolutions which create or affect tax provisions. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires Congress to take final action on the reauthorization schedule for tax provisions before the end of the 97th Congress. Provides that each tax expenditure provision shall expire unless it is reauthorized by a law enacted during the Congress in which it is scheduled for review. Sets forth procedures and restrictions for the consideration of bills reauthorizing tax provisions, which are similar to the restrictions and procedures governing bills authorizing new budget authority for Federal programs as described in title I. Requires that the report accompanying a reauthorization bill include specified information. Permits Congress to prescribe technical rules necessary to mitigate adverse effects which might result for taxpayers who rely on a certain tax provision. Title V: Miscellaneous - Amends the Budget and Accounting Act of 1921 to permit the committees of Congress to obtain from the agencies of the Government estimates or requests for appropriations, or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the Government should be met. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a "Regulatory Duplication and Conflicts Report" for all programs scheduled for reauthorization in the next Congress. Requires that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Directs the chairmen of the House and Senate committees having jurisdiction over a program scheduled for reauthorization during a Congress, to introduce a bill constituting a reauthorization within 15 days of the beginning of the second session of that Congress. Declares that it shall be in order to discharge a committee from consideration of such a bill if the committee fails to report the bill by a specified date. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and Rules of the House of Representatives to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1988. Authorizes appropriations through fiscal year 1992.
United States · United States Congress · 5 January 1981
Establishes a Commission on More Effective Government to study and recommend ways of promoting economy, efficiency, and improved service within the Executive branch of Government. Directs the Commission to recommend methods to improve the relationship between Federal, State, and local governments. Directs the Commission to submit a final report to the Congress ten days after the Ninety-eighth Congress convenes. Terminates the Commission 90 days after such date. Authorizes appropriations.
United States · United States Congress · 5 January 1981
Constitutional Amendment - Prohibits the total appropriations of Congress from exceeding estimated revenues. Authorizes the suspension of such prohibition in time of war or national emergency. Prohibits any increase in the national debt as it exists on the date this article is ratified. Sets forth a schedule for repayment of the national debt.