United States · United States Congress · 25 February 1981
Potato Research and Promotion Amendments of 1981 - Amends the Potato Research and Promotion Act to revise the National Potato Promotion Board's assessment rate beginning with fiscal year 1982. States that the failure of potato producers to approve an amendment to any research and promotion plan shall not invalidate the existing plan.
United States · United States Congress · 25 February 1981
Amends the Internal Revenue Code to redefine capital gains and losses so as to eliminate the one year holding period requirement for capital gains tax treatment. Removes such requirement for property used in a trade or business. Revises the tax treatment of capital losses.
United States · United States Congress · 24 February 1981
Requires the Federal Government and persons conducting federally assisted programs, projects, and activities to pay interest to business concerns for overdue sales and lease agreement payments not made by the thirtieth day after the bill for such payment is received. Specifies the procedure for computing such interest. Stipulates that overdue payments for meat, groceries, and perishables shall be determined in accordance with terms commonly offered meat, grocery, and perishable industries. Entitles the Government and such persons to early payment discounts only if payments are made within the prescribed periods.
United States · United States Congress · 24 February 1981
Amends the Federal criminal code to establish penalties for taking or attempting to take by force and violence or intimidation a controlled substance from a pharmacy. Increases the penalties if any person's life is endangered by use of a dangerous weapon or if any person is assaulted or killed during commission of such offense. Directs the Federal Bureau of Investigation to include pharmacy robbery data in its annual Uniform Crime Reports. Directs the Attorney General to report to Congress on the enforcement of this Act within 120 days of enactment and biannually for the subsequent three-year period.
United States · United States Congress · 23 February 1981
Balanced Budget and Deficit Control Act of 1981 - Amends the Congressional Budget and Impoundment Control Act of 1974 to make a Congressional declaration that it is essential to provide for a balanced Federal budget. Amends the Congressional Budget Act of 1974 to require that the first concurrent resolution on the budget, on which Congress must complete action on or before May 15 of each year, provide a balanced budget for such year and for the succeeding fiscal year. Specifies that if changes in laws, bills, or resolutions are necessary in connection with any such concurrent resolution on the budget in order to assure that there is no deficit in the budget for either of the fiscal years to which such concurrent resolution relates, such concurrent resolution shall appropriately direct the legislative committees involved to determine and recommend such changes. Makes it out of order in either the House of Representatives or the Senate to consider or adopt any concurrent resolution on the budget, to consider or adopt any amendment to such a concurrent resolution, or to adopt a conference report on such concurrent resolution, if at the time of such consideration or adoption the level of total budget outlays which is set forth in such concurrent resolution for either of the two fiscal years to which it relates exceeds the recommended level of Federal revenues for that year. Permits the suspension of such provisions: (1) upon a Presidential request, approved by Congress; (2) upon a recommendation by the Budget Committee of either the House or the Senate and approval of the Congress; and (3) with respect to any fiscal year in which the United States is at war pursuant to a declaration of war by the Congress. Permits revisions of the first concurrent resolution on the budget at any time after it has been agreed to pursuant to such Act before the end of the first fiscal year to which such resolution relates. Requires such revision to meet the same balanced budget requirements as the original concurrent resolution and provide for the same suspension of such requirements. Requires the second concurrent resolution on the budget to be for the fiscal year beginning on October 1 of such year and the succeeding fiscal year. Makes it out of order in either the House or the Senate to receive or consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays contained in the bill or resolution as reported, or would reduce any specific Federal revenues below the level of such revenues as reported, unless it includes or is accompanied by an amendment which assures that total budget outlays are not increased and that total Federal revenues are not reduced by making an equivalent reduction in other specific budget outlays or an equivalent increase in other specific Federal revenues. Makes it out of order in either the House or the Senate, at any time after the Congress has completed action on the first concurrent resolution on the budget, and if a reconciliation bill or resolution is required to be reported in connection with such resolution after that bill has been enacted into law or such resolution has been agreed to, to consider any bill or resolution or amendment which provides for budget outlays, new budget authority in excess of the appropriated allocation, or new spending authority. Amends the Congressional Budget and Impoundment Control Act of 1974 to state that any references to "a fiscal year" or "the fiscal year" with respect to a concurrent resolution on the budget shall be treated as references made separately to each of the two fiscal years to which such concurrent resolution relates. Amends the Congressional Budget Act of 1974 to require each committee required by such Act to report on a concurrent resolution on the budget to make such report within ten legislative days after the concurrent resolution is agreed to. Amends the Budget and Accounting Act, 1921, to require the President, from time to time during the fiscal year, to ensure that the budget complies with the requirements of the Congressional Budget and Impoundment Control Act of 1974. Requires such budget to be balanced, but permits the President to recommend alternative balanced budgets with outlays and revenues at higher or lower levels to take account of possible changes in economic conditions or other circumstances. Requires such budget transmitted by the President to be accompanied by a projected budget for the succeeding fiscal year. Permits a suspension of such requirements upon a Presidential request or if the United States is at war pursuant to a declaration of war by Congress. Requires the Director of the Office of Management and Budget, with respect to any fiscal year beginning on or after October 1, 1983, to analyze the level of Federal revenues and budget outlays during the fiscal quarter beginning October 1 and ending December 31 in that year for the purpose of determining the levels of total revenues and budget outlays which may be anticipated for such fiscal year and whether such revenues will be sufficient to equal or exceed such outlays. Requires the Director to report to the President and Congress not later than January 3 if he determines that such revenues will not be sufficient to equal or exceed such outlays and to identify the amount of any such insufficiency and the percentage of total controllable expenditures which such insufficiency represents. Requires the President, upon receipt of such a report, to issue an order sequestering such amounts of budget authority as are necessary to reduce each such controllable expenditure by that percentage and to transmit to Congress a message identifying: (1) the total amount of budget authority which is to be sequestered; (2) the annuity budget authority which is to be sequestered with respect to each such controllable expenditure in order to reduce it by the required percentage; and (3) the account, department, or establishment from which each amount of budget authority is available for obligation and the specific project or governmental functions involved. Makes such an order effective from and after the date of its issuance except to the extent revised or abrogated by the Congress pursuant to this Act. Sets forth the procedure to be followed by Congress in reviewing such an order. Permits the Budget Committee of the House or the Senate, at any time after the promulgation of such an order, to report a concurrent resolution suspending, in whole or in part, the operation of such order. Defines the term "controllable expenditures" as expenditures which may be reduced without breaching any obligation, contractual or otherwise, of the United States to make payments. Requires the Congressional Budget Office to submit to the House and Senate Budget Committee recommendations concerning further refinement in the definition and identification of controllable expenditures.
United States · United States Congress · 19 February 1981
Animal Damage Control Act of 1981 - Directs the Secretary of the Interior, in cooperation with the Secretary of Agriculture, to carry out a program for controlling livestock predators. Requires the Secretary, in conducting such program, to: (1) use and permit the use of lethal and nonlethal methods and chemical toxicants; (2) undertake research activities concerning chemical toxicants and other nonlethal control techniques; (3) use preventive control techniques to manage predator populations; and (4) establish an ad hoc committee to review biennially the Secretary's animal damage control activities. Directs the Secretaries to submit annually a joint report on the development and implementation of such program to Congress. Authorizes appropriations.
United States · United States Congress · 18 February 1981
Nuclear Waste Research, Development, and Demonstration Act of 1981 - Directs the Secretary of Energy to bring the existing Department of Energy research, development, and demonstration program for high level radioactive waste disposal into compliance with this Act. Directs the Secretary to identify at least two geographically distributed demonstration facility sites, located in different geologic media, in the continental United States. Requires the Secretary to establish at each site a technology demonstration facility for research and development. Sets forth design requirements and construction dates for such facilities. Prohibits the conversion of such facilities into permanent disposal facilities. Directs the Secretary to establish waste solidification facilities designed to provide a waste form resistant to the release of radionuclides and to reduce the health hazard of such wastes. Requires that such wastes and facilities be ready for placement in completed demonstration facilities. Requires consultation and coordination with States in which demonstration facility sites are located on the Department's plans for such facilities. Directs the Secretary to transmit a comprehensive management plan to specified Congressional committees. Requires submission of a description of such plan as in effect each year to the Congress. Directs the Secretary to provide funds by contract to initiate and maintain the activities under this Act. Authorizes appropriations to carry out this Act.
United States · United States Congress · 18 February 1981
World War I Veterans Service Pension Act of 1981 - Requires the Administrator of Veterans' Affairs to pay (in addition to any pension already paid) a monthly pension of $150: (1) to each veteran of World War I who meets specified service requirements; (2) to the surviving spouse of each such veteran; or (3) when there is no surviving spouse, to the child or children of each such veteran.
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
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 · 5 February 1981
Requests the Securities and Exchange Commission and the Secretary of Commerce each to report to Congress on the impact on the U.S. economy of the acquisition of U.S. companies by foreign nationals.
United States · United States Congress · 4 February 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 · 4 February 1981
Title I: Export Trading Companies - Export Trading Company Act of 1981 - Directs the Secretary of Commerce to promote export trading companies by providing information and by facilitating contacts between producers of exportable goods and export trading companies. Authorizes any banking organization to invest up to specified amounts in export trading companies upon notifying, but without obtaining the prior approval of, the appropriate Federal banking agency, if such investment does not cause an export trading company to become a subsidiary of such organization. Allows greater investment by Edge Act Corporations not engaged in banking. Permits any banking organization to invest beyond such limitations with prior approval of the appropriate Federal banking agency. Requires prior notification of such agencies in specified circumstances. Sets forth further limitations on export trading companies and investments by banking organizations. Specifies factors to be taken into consideration by the banking agencies. Permits such agencies to impose conditions in approving applications to invest in export trading companies. Requires such agencies to report to the appropriate Congressional committees with their recommendations concerning implementation of this Act, related changes in U.S. law, and effects of ownership of U.S. banks by foreign banking organizations. Provides for judicial review of denial orders in the appropriate U.S. Court of Appeals. Sets forth the grounds for disapproval. Provides for remand for further consideration by the banking agency. Directs the Economic Development Administration and the Small Business Administration to give special weight to export-related benefits when considering applications for loans and guarantees by export trading companies. Authorizes up to $20,000,000 to be appropriated for initial investments and operating expenses for each of the fiscal years 1981, 1982, 1983, 1984, and 1985. Directs the Export-Import Bank of the United States to provide loan guarantees to export trading companies or exporters, to be secured by accounts receivable or inventories, when adequate financing is not otherwise available and such guarantees will facilitate expansion of exports. Directs the Board of Directors to try to insure that a major share of such guarantees promotes exports from small, medium-size, and minority businesses or agricultural concerns. Title II: Export Trade Associations - Export Trade Association Act of 1981 - Amends the Webb-Pomerene Act to exempt the trade activities and methods of operation of certified export trade associations and export trading companies from the antitrust laws. Delays the effectiveness of any certificate upon the notification of the Secretary of Commerce by the Attorney General or the Federal Trade Commission (FTC) of disagreement with the decision to issue a certificate. Sets forth the procedure to be followed by any association or export trading company seeking certification under this Act and by the Secretary in issuing such certificates. Permits automatic certification for existing associations. Provides for appeal of the Secretary's denial of certification. Authorizes the Attorney General or the FTC to bring an action to invalidate a certification. Requires the Secretary, in consultation with the Attorney General and the FTC, to publish guidelines for determining whether an association or export trading company will meet the certification requirements. Requires certified associations and export trading companies to submit annual reports to the Secretary. Directs the Secretary to establish within the Department of Commerce an Office of Export Trade to promote export trade associations and trading companies. Requires such Office to report annually to the appropriate Congressional committees on all East-West trade transactions requiring validated licenses and on the role of U.S. export trading companies in East-West trade. Grants a temporary exemption from the Sherman Act antitrust provisions for existing associations. Requires that all applications for certification be kept confidential with specified exceptions. Authorizes the Secretary to require an association or trading company to modify its operation to be consistent with international obligations of the United States. Directs the President to appoint, with the Senate's advice and consent, a task force seven years after enactment to examine the effect of this Act and to make recommendations.
United States · United States Congress · 3 February 1981
Amends the Federal Mine Safety and Health Amendments Act of 1977 to provide that provisions of such Act shall not apply to: (1) any surface sand or gravel, stone, or clay mine; or (2) any surface structure or road, if constructed by employees not engaged in mining.
United States · United States Congress · 3 February 1981
Reduces the pay of Members of Congress by eight percent of the rate payable on September 30, 1980. Provides that in the fiscal year in which Federal receipts exceed Federal outlays, such pay reduction shall be restored.
United States · United States Congress · 29 January 1981
Protection Island National Wildlife Refuge Act - Establishes the Protection Island National Wildlife Refuge in the State of Washington. Sets forth requirements with respect to Federal acquisition of lands within the refuge. Authorizes appropriations.
United States · United States Congress · 28 January 1981
Amends the Internal Revenue Code to eliminate the requirement that States reduce the amount of unemployment compensation payable for any week to an eligible individual by the amount of certain retirement benefits received by such individual.
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
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 · 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
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 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 · 13 January 1981
Amends the Internal Revenue Code to include displaced homemakers as a targeted group for whom the new employee credit is available. Defines "displaced homemaker" as an individual who: (1) has not worked in the labor force for a substantial number of years but has provided unpaid services in the home for family members; (2) has been dependent on public assistance or the income of another family member but is no longer supported by that income; and (3) is unemployed or underemployed and has encountered difficulty in obtaining suitable employment.
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 · 6 January 1981
Amends the Internal Revenue Code to reduce from 70 percent to 50 percent the maximum rate of income tax for individuals. Requires separate computation of personal service income and nonpersonal service (unearned) income, applying each category to the lowest tax rates initially. Prohibits separate computations in the case of any taxpayer with more than $10,000 in tax preference items.
United States · United States Congress · 5 January 1981
Prohibits the application of Revenue Ruling 80-274, which deals with the tax treatment of group single- premium retirement annuity contracts held by federally insured savings and loan associations.
United States · United States Congress · 5 January 1981
Irrigation Water Conservation Tax Act of 1981 - Amends the Internal Revenue Code to provide an additional ten percent investment tax credit for equipment which conserves farm irrigation water and an election to depreciate such equipment based on a useful life of three years.
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 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
Anti-Inflation Tax Act of 1981 - Amends the Internal Revenue Code to require annual cost of living adjustments, based on the Consumer Price Index, to individual income tax rates, the personal tax exemption, withholding requirements, and minimum income tax return amounts.
United States · United States Congress · 5 January 1981
Requires that each State establish and maintain an approved workfare program as a condition of its eligibility for Federal payments or other assistance under the: (1) program of aid to families with dependent children under the Social Security Act; (2) food stamp program under the Food Stamp Act of 1977; and (3) public housing and assisted housing programs under the United States Housing Act of 1937. Requires that such State workfare program shall require every State resident applying for or receiving aid under such Federal public assistance program to perform work in return for, and as a condition for, such aid. Directs the appropriate Federal agencies to promulgate guidelines for approval, supervision, and oversight of such State workfare programs. Exempts from required participation in such programs those who are: (1) under age 18 or over age 65; (2) disabled; (3) regularly employed for at least 40 hours a week; or (4) primarily responsible for the care of a child less than three years old (or for the care of a child more than two but less than six years old if suitable child care is not available at reasonable cost). Requires that each State workfare program must provide that if any individual who is required to participate in such program refuses to accept a bona fide offer of qualified employment or to perform qualified employment, in any month, neither such individual nor any other person in the family or household of which such individual is a member shall be eligible to receive any aid under such Federal public assistance programs for that month. Requires that State workfare programs include provision for job counseling, assistance in obtaining employment outside the program, and job search activities. Provides for: (1) Federal matching funds to cover administrative costs of such State programs; (2) Federal cut-offs of funds to State agencies for failure to comply with this Act; and (3) Federal agency reports to Congress on such State programs. Authorizes appropriations.
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
Longshoremen's and Harbor Workers' Compensation Act Amendments of 1981 - Amends the Longshoremen's and Harbor Workers' Compensation Act to revise the definition of "employee" to exclude (in addition to the currently excluded masters, or crew members, of any vessel) persons who at the time of injury were: (1) officers or employees of any government; (2) engaged in any employment which is not a direct or integral part of vessel loading, unloading, repairing, building, or breaking; or (3) providing services on or for any vessel less than 65 feet in length, while covered by a State workers' compensation program. Conforms specified conditions, under which compensation for disability or death shall be payable, to the revised definitions made by this Act. Sets the maximum rate of compensation, with specified exceptions, at the lesser of: (1) an amount equal to 80 percent of the employee's spendable earnings; or (2) an amount equal to 200 percent of the applicable national average weekly wage. Defines "spendable earnings" as the employee's average weekly wage reduced by amounts required to be withheld under Federal and State tax laws. Directs the Secretary of Labor to publish tables in the Federal Register showing the amount of such "spendable earnings" for various wage levels. Entitles an employee to choose an attending physician from an applicable listing established by the deputy commissioner. Directs the deputy commissioner to actively supervise such medical care. Requires an attending physician who refers an employee to a medical specialist or consulting physician to notify the employer and submit a report, with reasons for such referral, to the employer and the deputy commissioner. Requires such specialist or consultants to submit reports in order to collect fees. Requires an employee seeking recovery of expenses for medical treatment or services to obtain such treatment in a specified manner and to provide written notice to the employer within ten days after the first treatment or services. Establishes procedures for providing independent medical examinations when medical questions arise. Entitles employees to specified relief in cases where the workplace injury is the sole cause of an impairment or disability. Provides for reexaminations of such estimates of the degree of impairment due to the work place injury. Repeals specified provisions which made certain physicians ineligible for employment as independent medical examiners unless otherwise agreed to. Requires that 80 percent of spendable earnings be paid to an employee during the continuance of permanent total disability, subject to specified limitations. Requires, for a determination of total disability, that an employee prove by substantial evidence that as a result of the injury, in cases other than ones of loss of two or more specified body parts, he or she is permanently unable to earn any wages in employment. Requires that 80 percent of spendable earnings be paid to an employee during the continuance of temporary total disability, subject to specified limitations. Prohibits such compensation from being paid after the employee attains the retirement age for the appropriate industry and geographical region. Sets the compensation rate for permanent partial disability at 80 percent of the spendable earnings of the employee, subject to specified limitations. Extends such limitations to the "other cases" category of permanent partial disability compensation and terminates such compensation after the employee attains the appropriate retirement age. Deletes a provision subjecting such compensation to reconsideration of the degree of impairment by the deputy commissioner. Bars employees suffering injuries in specified categories from seeking additional compensation in this "other cases" category. Allows employers to reduce permanent partial disability compensation when an employee's actual wages or wage earning capacity have increased or to suspend such compensation when such wages equal or exceed average weekly wages before the injury. Requires the approval of the deputy commissioner for such reductions or suspensions, with such approval to be reviewable by an administrative law judge. Allows employees whose actual wages or wage earning capacity decrease, solely as a result of the injury, to less than their average weekly wage before the injury to request reviews of their compensation payments. Eliminates a provision for death benefits for the survivors of an employee who had been receiving "other cases" category permanent partial disability compensation and who dies from causes other than the original injury. Retains the current compensation rate for temporary partial disability, but subjects such rate to specified limitations. Provides for the designation by the Secretary of an attorney to serve as a special fund representative, with specified powers, upon recommendation by an employer and insurance carrier. Revises provisions relating to: (1) compensation for employees undergoing vocational rehabilitation; (2) the wage earning capacity of injured employees in partial disability cases; and (3) approval of settlements by the deputy commissioner and the manner of payment of such settlements. Eliminates a provision for death benefits if the employee who sustains permanent total disability due to the injury thereafter dies from causes other than the injury. Revises methods of determination of the average weekly wages of injured employees at the time of injury. Revises the formula for determining yearly increases in specified compensation for permanent total disability or death. Makes revisions relating to: (1) failure to give notice; (2) the period of installment payments; (3) the right to compensation controverted; (4) penalties for overdue compensation; and (5) notice of payment. Repeals provisions concerning the deputy commissioner's authority: (1) in cases of suspended payments; and (2) to discharge the employer's liability for compensation. Limits the total money allowance payable to an employee or dependent survivors. Provides for preliminary rulings by the deputy commissioner with respect to claims to become final orders if the parties do not request a hearing. Makes other revisions in claims procedures. Repeals provisions relating to the review of compensation orders and the Benefits Review Board. Establishes a new Benefits Review Board to be appointed by the President, with the advice and consent of the Senate (the former Board was appointed by the Secretary). Transfers to such Board all officers, assets, liabilities, contracts, property, and records of the Benefits Review Board in the Department of Labor. Revises the procedures, functions, powers, and duties of such Board. Revises provisions relating to: (1) powers of the deputy commissioner or an administrative law judge in proceedings under such Act; (2) fees for services; (3) institution of proceedings by a person entitled to compensation; and (4) compromises obtained by a person entitled to compensation. Prohibits the Secretary from: (1) furnishing specified information and assistance in processing claims to persons covered under such Act (formerly permitted such information and assistance upon request); and (2) participating, except as an intervenor, in proceedings relating to this Act which are before any court. Repeals provisions relating to an administration fund and to the availability of appropriations. Establishes an Advisory Committee on Longshoremen's and Harbor Workers' Compensation to evaluate whether this Act provides an adequate, prompt, equitable, and insurable system of compensation. Declares that the Committee shall not be subject to the Federal Advisory Committee Act. Provides that nothing contained in the amendments made by this Act shall be construed to reduce the amount of any benefits being received under the Longshoremen's and Harbor Workers' Compensation Act by any individual on the date of enactment of this Act.
United States · United States Congress · 5 January 1981
Capital Investment Incentive Act of 1980 - Amends the Internal Revenue Code to increase from 60 percent to 70 percent the noncorporate capital gains deduction from gross income. Reduces from 28 percent to 21 percent the corporate alternative minimum tax rate on capital gains.