United States · United States Congress · 27 January 1981
Amends title XVIII (Medicare) of the Social Security Act to provide, under the supplementary medical insurance program, payment for nutritional counseling as part of the home health services.
United States · United States Congress · 27 January 1981
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans' Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals decisions rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 23 January 1981
Amends the Internal Revenue Code to exclude from gross income the interest on series E and EE United States savings bonds received by individuals who have attained age 65 before the close of the taxable year.
United States · United States Congress · 22 January 1981
Amends the Internal Revenue Code to allow income tax deductions related to the rental of a residence to a family member of the taxpayer if such family member pays a fair rental and uses such residence as the principal place of residence.
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
Amends the Internal Revenue Code to allow individuals age 65 or over an income tax credit for the real property taxes, or 25 percent of the rent (exclusive of charges for utilities, furnishing, services, etc.), paid on their principal residences. Limits the credit to $300 (or $150 for married individuals filing separately). Reduces the allowable credit by the amount that the taxpayer's adjusted gross income exceeds $10,000. Extends the credit to married individuals filing jointly where either spouse has attained age 65. Provides that the credit allowed by this Act shall not affect the taxpayer's allowable income tax deductions for real property taxes.
United States · United States Congress · 22 January 1981
Permits taxpayers to designate on their income tax returns an election to contribute any portion of their income tax refunds or any additional contributions forwarded with the returns to the support of the arts. Directs the Secretary of the Treasury to modify income tax return forms to notify taxpayers of their option to contribute. Authorizes the payment of 100 percent of taxpayer refunds or contributions designated for the support of the arts to the National Endowment for the Arts (Arts Endowment). Directs the transfer of all such amounts, on a proportionate basis, to State arts agencies. Treats payments of funds to State agencies as donations from private persons and not as Federal assistance. Directs the transfer of amounts transferred to State agencies under this Act, on a proportionate basis, to local arts agencies. Imposes restrictions on the use of funds transferred to the Arts Endowment or State or local arts agencies for administrative purposes. Prohibits any local agency to which funds are paid under this Act from requiring any applicant for funds to meet any matching requirement. Prohibits the use of funds raised under this Act for grants to any endowment funds or for other investment purposes.
United States · United States Congress · 19 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 an individual may earn while receiving benefits.
United States · United States Congress · 9 January 1981
Amends the Immigration and Nationality Act to allow preference visas to be given to an alien who: (1) requests such treatment; (2) was born after 1950 in Korea, Vietnam, Laos, or Thailand; (3) was fathered by an American serviceman; and (4) provides a guarantee of financial support. Stipulates that such guarantee must: (1) be signed by a citizen or lawful permanent resident who is at least 21 years old; and (2) provide that such signing sponsor will provide necessary financial support for five years. Allows the Attorney General to enforce such guarantee against the sponsor in a civil suit unless such sponsor dies or is adjudicated bankrupt.
United States · United States Congress · 9 January 1981
Amends title XVIII (Medicare) of the Social Security Act to provide administrative and judicial review of claims which arise under the supplementary medical insurance program. Sets the minimum requirement for the amount in controversy for a hearing at $50 and for judicial review at $500.
United States · United States Congress · 9 January 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the five-month period which is presently a prerequisite of eligibility for disability insurance benefits.
United States · United States Congress · 6 January 1981
Amends the Internal Revenue Code to provide that the standard mileage rate used in computing the charitable deduction for expenses incurred in the operation of a motor vehicle shall be the same as the standard mileage rate for the business related deduction.
United States · United States Congress · 6 January 1981
Veterans' Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans' Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals decisions rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 6 January 1981
Prevention, Identification, and Treatment of Elder Abuse Act of 1981 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementing of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations.
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
Amends the Communications Act of 1934 to prohibit the manufacture, importation, installation, offer to sell, rent, or lease, or other distribution of telephone receivers or similar equipment manufactured after the date of enactment of this Act for use in connection with any interstate or foreign communication, unless such receiver or equipment is designed and manufactured to permit telephone reception by means of hearing aids with inductive receptors. Establishes fines for violations of this Act.
United States · United States Congress · 5 January 1981
Amends the Internal Revenue Code to permit taxpayers who do not itemize income tax deductions to claim a deduction from gross income for charitable contributions.
United States · United States Congress · 5 January 1981
Child Care Agency Tax Amendments of 1981 - Amends the Internal Revenue Code to exempt from the windfall profit tax oil produced from interests held by or for a residential child care agency. Defines such an agency as a tax-exempt charitable organization operated primarily for the residential placement, care, or treatment of delinquent, dependent, neglected, or handicapped children.
United States · United States Congress · 5 January 1981
Declares it the public policy of the United States to prohibit the manufacture, sale, and use of leg-hold and steel-jaw traps in the United States and abroad. Prohibits the shipment in interstate or foreign commerce of fur or leather products from animals trapped in a State or foreign country which has not banned such traps. Requires the Secretary of Commerce to publish a list of States and foreign countries which have not banned such traps. Sets forth penalties for violations of this Act.
United States · United States Congress · 5 January 1981
Sunset Review Act of 1981 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office (GAO), before the beginning of the 98th Congress, after consultation with the appropriate legislative committees and the Congressional Budget Office, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Specifies information to be contained in such an inventory. Directs the GAO to publish a supplement to such inventory which includes certain budget information. Requires each legislative committee of the House of Representatives and the Senate, by a specified date, to report a resolution setting forth an agenda for the sunset review of selected Federal programs within its jurisdiction, or, in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Directs the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Requires, where practicable, that related programs and expenditures be reviewed during the same Congress. Requires the report accompanying any agenda reported in the 104th Congress and every fifth Congress thereafter to summarize the programs and expenditures reviewed and not reviewed during the five previous Congresses. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for the consideration and adoption of such agenda. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to provide the appropriate Congressional committees with its views, information, and assistance. Directs the Comptroller General to supply specified information on audits. Exempts foreign intelligence or counterintelligence programs designated by the President as requiring protection from unauthorized disclosure. Directs the Permanent Select Committee on Intelligence of the House and the Select Committee on Intelligence of the Senate to review such programs pursuant to the spirit of this Act. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the Congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 5 January 1981
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Provides that, in addition to the processing and settlement of claims, the Comprehensive Oil Pollution Liability Trust Fund (Fund), established in title II of this Act, is immediately available to pay specified removal costs arising out of an oil pollution incident. Authorizes the Secretary of Transportation to issue regulations designating the person or persons who may obligate available money in the Fund for such purposes. Permits claims for damages for economic loss, incurred within a specified time, to be asserted for: (1) removal costs; (2) injury to or destruction of property or natural resources; and (3) loss of profits or impairment of earning capacity due to such injury or destruction. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires owners or operators of vessels over 300 tons (including foreign vessels) and owners or operators of offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Permits any owner or operator of more than one vessel or offshore facility to establish financial responsibility only to meet the maximum liability of the largest of such vessels or facilities, as the case may be. Provides for the enforcement of such financial responsibility requirements. States, in the case of an owner who is the holder of a leasehold interest or permit for the exploration of oil offshore, that evidence of financial responsibility established for the leasehold shall cover such owner for all facilities located on the leasehold. Provides that where an offshore facility is owned or operated by more than one person, evidence of financial responsibility may be established by any one of the owners or operators or in consolidated form. Requires owners or operators of each tank motor vehicle operated on highways and transporting oil in bulk, with a water capacity of more than 3,500 gallons, to establish and maintain evidence of specified financial responsibility. Limits the total liability of any guarantor, under this title, to the aggregate amount which such guarantor has provided as evidence of financial responsibility (except in cases of bad faith by a guarantor in settling a claim). Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the owner or operator, or to such person's guarantor, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Subrogates any person or Government entity, including the Fund, paying compensation, to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators or guarantors of alleged pollution sources. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Directs the Secretary to submit an annual report to Congress on the administration of this title. Title II: Fund and Tax - Establishes the Fund in the Treasury of the United States. Transfers to the Fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax; (2) the amounts recovered or collected on behalf of such Fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under oil and hazardous substances liability provisions of the Federal Water Pollution Control Act insofar as these relate to petroleum oils. Makes amounts in the Fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims). Defines "compensable damages" for purposes of the Act. Restricts interest payable out of the Fund. Provides for certain interfund loans, under specified conditions. Directs the Secretary of the Treasury to consult with the Secretary of Transportation, in the case of the Fund, and with the Administrator of the Environmental Protection Agency, in the case of the Hazardous Substance Trust Fund, concerning such interfund loans. Limits payment of claims by the Fund by requiring a minimum balance of at least $30,000,000 in the Fund. States that claims are to be paid in the order in which they were finally determined. Limits U.S. liability for payment of claims under this Act to the amounts in the Funds established under this title. Prohibits the funds from borrowing any money from the general fund of the Treasury, other than a first year authorization of appropriations as a repayable advance. Sets forth administrative provisions for the Fund, including methods of transfer, management, and investment. Coordinates this title with other provisions in this Act. Provides that nothing in this Act other than this title shall authorize: (1) the establishment of any fund; (2) the payment out of any fund created by this title; (3) the levy or collection of any fee; or (4) the imposition of any requirement with respect to the procedure applicable to rules and regulations prescribed under this title. Provides that, to the extent not inconsistent with this title, any reference in title I of this Act to a fund shall be deemed to refer to the Fund. Provides that, if the balance in any fund is to be transferred to the Fund, then any claim arising before October 1, 1981, which would have been payable out of the other fund shall be payable out of the Fund. Provides that if the Secretary of the Treasury determines that there is: (1) a Trans-Alaska Pipeline (TAP) Liability Fund surplus, then the amount of such surplus shall be treated as an advance payment of the petroleum excise tax on crude oil first transported through the TAP after the date of such determination; or (2) a TAP fund deficit, then the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Bases such TAP fund surplus or deficit on whether the amount transferred to the Fund from the TAP Liability Fund is greater or lesser than the total amount of claims which the Secretary of the Interior certifies as outstanding against the TAP Liability Fund at the time of such transfer. Amends the Internal Revenue Code of 1954 to provide for environmental excise taxes on petroleum and certain chemicals. Imposes an excise tax (the "petroleum tax"), for fiscal years 1981 through 1986, of 1.3 cents a barrel on: (1) crude oil received at a U.S. refinery, to be paid by the operator; (2) petroleum products entered into the United States for consumption, use, or warehousing, to be paid by the person entering such product; and (3) any domestic crude oil used in or exported from the United States which has not been taxed under (1), to be paid by the person using or exporting such crude oil. Exempts from such tax domestic crude oil used, on the premises where it was produced, for extracting oil or natural gas. Defines 'crude oil', 'petroleum product', and 'United States' for purposes of the Act. Provides that only one such petroleum tax shall be imposed on any petroleum product. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the provisions of this Act. Requires pro rata rebates to owners of oil when: (1) the amount of actual claims settled is less than the amount of claims certified against the Trans-Alaska Pipeline Liability Fund (TAP fund) or (2) any TAP fund surplus is not used as an advanced payment to the Comprehensive Oil Pollution Liability Fund. Amends the Federal Water Pollution Control Act to provide that the Secretary of the Army shall make any determination with respect to specified provisions applying to certain navigable waters.
United States · United States Congress · 5 January 1981
Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Grants to State or local governments having insurance discrimination laws the primary opportunity to enforce this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer, if a State or local authority which has received notice of a complaint fails to act within 60 days or with respect to those authorities not having insurance discrimination laws. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance.
United States · United States Congress · 5 January 1981
Handgun Control Act of 1981 - Amends the Federal criminal code to make it unlawful for any person to import, manufacture, sell, buy, transfer, receive, transport, own, or possess any handgun or handgun ammunition. Authorizes the Secretary of the Treasury to exempt from this prohibition handguns: (1) required for the operation of licensed pistol clubs; (2) utilized by Federal, State, and local agencies or by licensed security guard services; or (3) manufactured before 1890 and which are unserviceable and intended for use as collector's items. Specifies procedures for the licensing of pistol clubs, including conditions for approval of applications by the Secretary of the Treasury and administrative and judicial review of a license denial or revocation. Sets forth requirements for the operation of licensed pistol clubs, including record keeping of the receipt, sale, or other disposition of handguns. Imposes criminal penalties on persons violating the provisions of this Act, including those persons making misrepresentations in required records or license applications. Subjects to seizure and forfeiture any handgun used, or intended to be used, in violation of this Act or any other Federal criminal law. Establishes procedures for the reimbursement of persons voluntarily delivering handguns to a law enforcement agency.
United States · United States Congress · 5 January 1981
Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Defines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense from one to ten years' imprisonment to five to ten years' imprisonment for a first offender and from two to 25 years to ten years to life imprisonment for a second or subsequent offender. Extends to first offenders the directions, currently applicable only to second offenders, that the court not suspend any sentence or grant probation and that the additional sentence not run concurrently with any term of imprisonment imposed for the offense itself. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses.
United States · United States Congress · 5 January 1981
Age Discrimination in Employment Amendments of 1981 - Amends the Age Discrimination in Employment Act of 1967 to remove the existing 70-year upper age limit to which the discrimination prohibitions apply, thus extending coverage to all individuals who are at least 40 years of age. States that no exceptions to the prohibitions are permitted based on the nature of employment of an individual or entitlement to retirement benefits. Repeals mandatory retirement provisions for Federal civil service employees, District of Columbia employees, and Foreign Service employees.
United States · United States Congress · 5 January 1981
Obstetric Care Information Act - Amends title V (Maternal and Child Health) of the Social Security Act to require a State plan under such title to insure that a pregnant woman: (1) has the opportunity, upon her request, to inspect, copy, and have explained any medical records relating to her condition or treatment; (2) is informed, beforehand, of the side effects, risks, contraindications, and effectiveness of the procedures, drugs or devices, and of alternative methods of treatment; and (3) consents to treatment. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to establish guidelines with respect to the explanation of the side effects, risks, contraindications, and effectiveness of drugs and devices intended for use by pregnant women. Deems misbranded any drug or device offered for sale to a woman for use during pregnancy or parturition which does not meet such guidelines. Directs the Secretary to arrange for a study to determine the long-term side effects, risks, contraindications, and effectiveness of the use of obstetrical drugs, devices, and procedures with respect to maternal health and child development and to report to Congress concerning such study. Authorizes appropriations for such study.
United States · United States Congress · 5 January 1981
Apalachicola and Osceola Wilderness Act of 1981 - Designates the following lands in Florida as components of the National Wilderness Preservation System: (1) the Bradwell Bay Wilderness Addition and the Mud Swamp/New River Wilderness in the Apalachicola National Forest; and (2) the Big Gum Swamp Wilderness in the Osceola National Forest. Prohibits the Department of the Interior from issuing phosphate leases in the Osceola National Forest, Florida, unless and until the United States determines that the mining of phosphate deposits in such leases would be necessary to the national interest. Directs the Secretary of the Interior, within three years from the date of enactment of this Act, with respect to specified applicants for phosphate preference right leases which have made discoveries of valuable deposits, to exchange their applications for leases covering other minerals. Requires such an exchange to be of equal value, with a payment of money to the Secretary or the applicant if necessary, so long as such payment does not exceed 25 percent of the value of the leases to be issued by the Secretary. Permits disapproval of any such exchange, within 60 days, by a specified committee of either House. Provides that the designation of the Big Guam Swamp Wilderness will not alter phosphate lease rights applicable to lands within the wilderness.
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 · 25 September 1980
Deplores the recent curtailment of Jewish emigration from the Soviet Union. Urges executive branch officials to express U.S. opposition to such repression. Urges the President to instruct the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe to seek an explanation of Soviet emigration policies and protest violations of the family reunification provisions of the Helsinki Final Act.
United States · United States Congress · 19 September 1980
Honors Raoul Wallenberg for his work in Hungary during World War II. Expresses the sense of Congress that the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case. Requests the State Department to discover the whereabouts of Raoul Wallenberg from the Soviet Union and secure his return to Sweden.
United States · United States Congress · 4 September 1980
Establishes the United States Holocaust Memorial Council which shall: (1) provide and encourage appropriate ways for the Nation to observe the Days of Remembrance to commemorate the holocaust; (2) plan, erect, and oversee the operation of a memorial museum to the victims of the holocaust; and (3) develop a plan for carrying out the recommendations of the report submitted to the President on September 27, 1979, by the President's Commission on the Holocaust. Authorizes the Council to receive public land in the District of Columbia on which it may erect the memorial. Terminates the Council's authority to construct a memorial if the erection of the memorial has not commenced within five years of enactment of this Act and sufficient funds to ensure completion of the memorial have not been certified to be available. Authorizes appropriations to carry out this Act.
United States · United States Congress · 4 September 1980
Amends the Foreign Agents Registration Act of 1938 to prohibit relatives of the President, Vice-President, Members of Congress, or the President's Cabinet members from acting as foreign agents.
United States · United States Congress · 3 September 1980
Exempts from the jurisdiction of the Interstate Commerce Commission transportation by motor vehicle of food and other edible products intended for human consumption (including edible byproducts but excluding alcoholic beverages and drugs).
United States · United States Congress · 27 August 1980
Declares that the President should not reestablish an official U.S. presence in Bolivia nor furnish any military or economic assistance to Bolivia until: (1) civil rights and the democratic process are restored; (2) U.S. citizens detained for political reasons are released; and (3) Bolivian drug involvement is assessed.
United States · United States Congress · 21 August 1980
Expresses the sense of Congress that the President should convey congressional concern about the deprivation of the rights of Christians by the Soviet Union, particularly the Pentecostals living in the U.S. Embassy in Moscow. Directs the President to report to Congress on the prospects for religious freedom in the Soviet Union.
United States · United States Congress · 20 August 1980
Amends the Internal Revenue Code to allow an income tax credit of 25 percent of the qualified research and experimental expenditures paid or incurred by a taxpayer in connection with his trade or business. Defines "qualified research and experimental expenditures" as those business-related expenditures which are currently deductible under provisions of the Internal Revenue Code, but limits the scope of such expenditures to technological research designed to develop or improve products or services. Excludes expenditures for research or experimentation in the social sciences or humanities, government-funded research, or research carried on in the taxpayer's behalf. Limits the amount of expenditures eligible for the credit to those which exceed 100 percent of the annual average of such expenditures for the immediately preceding three years. Provides for a three-year carryback and seven-year carryover of unused credits.
United States · United States Congress · 20 August 1980
Expresses the sense of Congress that: (1) the President should express to the Soviet Government U.S. concern for the fate of Raoul Wallenberg; and (2) the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case.
United States · United States Congress · 28 July 1980
Reaffirms congressional support for full implementation of the Helsinki Final Act. Expresses the sense of Congress that human rights concerns should be given serious attention at the Madrid meeting to review such Act. Declares that any new measures should be balanced among all sections of the Final Act. Directs the U.S. delegation to seek another review meeting within two years.
United States · United States Congress · 25 July 1980
Condemns Soviet persecution of Vladimir Kislik. Expresses the sense of Congress that: (1) the President should request that Kislik be permitted to emigrate from the Soviet Union; and (2) if not permitted to emigrate, the matter should be placed on the agenda of the next Biennial Conference on Security and Cooperation in Europe.