United States · United States Congress · 3 February 1981
Amends the Internal Revenue Code to allow individual taxpayers an income tax deduction from gross income for adoption expenses. Includes within the category of "adoption expenses" adoption agency fees, court costs, attorney fees, and other expenses directly related to the legal adoption of a child.
United States · United States Congress · 3 February 1981
Title I: Improvements in Adjustment Assistance for Workers - Amends the Trade Act of 1974 to require the Secretary of Labor to reconsider any denial of adjustment assistance for workers separated from employment up to 18 months before a petition for such assistance was granted. Authorizes workers separated from employment between October 3, 1974, and November 1, 1977, who previously did not file a petition for certification of eligibility for adjustment assistance, to file such a petition for consideration by the Secretary. Authorizes the Secretary to file such petitions on behalf of any group of workers. Makes workers eligible to apply for adjustment assistance if they work in firms where sales or production or both have decreased or threaten to decrease because of increased imports of articles competitive with articles to which such firms provide essential parts or essential services (currently only workers in firms which have declined because of increased imports of articles competitive with the articles produced by such firms are eligible). Directs the Secretary to certify a group of workers eligible to apply for adjustment assistance if the Secretary determines that: (1) a significant number or proportion of the workers in such workers' firm have become totally or partially separated from employment; and (2) such separation is directly related to the opening by such firm of productive facilities in a foreign country. Includes within the definition of "firm" any entity engaged in retail automobile sales which meets specified requirements. Treats automobiles sold by such an entity as having been produced by that entity. Directs the Secretary to provide information to the Secretary of Commerce regarding petitions for adjustment assistance filed by workers when the workers' firm has also filed for such assistance. Prohibits adjustment assistance to a worker until sales or production at the worker's firm have decreased absolutely. Directs the Secretary to inform workers about benefits which may facilitate the adjustment of such workers to import competition. Provides for trade readjustment allowances to be made to workers who: (1) had been employed at least 26 weeks in the year prior to separation or 40 weeks in the two years prior to separation; and (2) were part of a group certified as eligible for such assistance. Extends the time during which certain workers can continue to receive readjustment allowances. Directs the Secretary to establish experimental training programs for workers displaced by import competition. Requires the Secretary to report with recommendations to Congress by March 1, 1982, concerning the effectiveness of such training programs. Authorizes appropriations for such programs for fiscal years 1980 and 1981. Increases the job search allowances and relocation allowances provided adversely affected workers. Revises the conditions for such allowances. Title II: Improvements in Adjustment Assistance to Firms - Amends the Trade Act of 1974 to authorize the Secretary of Commerce to certify firms whose sales or production decrease or threaten to decrease due to increased imports as eligible for adjustment assistance. Authorizes the Secretary to certify a firm eligible for such assistance if the Secretary determines that: (1) at least 25 percent of such firm's sales consist of providing any article, service, or any article and service essential to an import- impacted article; (2) a significant number or proportion of such firm's workers have been totally or partially separated from employment; (3) such firm's sales or production or both have decreased; and (4) the decrease in sales or production of such firm's import-impacted customers contributed importantly to the separation of such firm's workers and to the firm's decline. Requires the Secretary of Commerce to share information provided by firms petitioning for certification with the Secretary of Labor. Prohibits any assistance to firms until sales or production have decreased absolutely. Requires the Secretary of Commerce to provide technical assistance to firms preparing proposals for adjustment assistance. Increases the proportion of the cost the Secretary will bear for technical assistance furnished to firms through private individuals, firms, or institutions. Authorizes the Secretary to contract to pay to, or on behalf of, a borrower an amount to reduce the interest such borrower must pay on financial assistance loans guaranteed pursuant to this Act. Revises the conditions for financial assistance to adversely affected firms. Requires the Secretary to inform firms about available technical and financial assistance which may facilitate the adjustment of such firms to import competition. Title III: General Provisions - Establishes a Commerce-Labor Adjustment Action Committee to coordinate the economic adjustment responsibilities of the Departments of Commerce and Labor and other Federal agencies. Authorizes the Secretary of Labor to make grants to unions and employee organizations concerning the design of an effective program of trade adjustment assistance for workers. Authorizes the Secretary of Commerce to: (1) make grants for industry-wide programs designed to improve economic efficiency; and (2) study those industries threatened by import competition. Authorizes appropriations for such grants and study.
United States · United States Congress · 3 February 1981
Elementary School Guidance and Counseling Incentive Act - Amends the Elementary and Secondary Education Act of 1965 to authorize appropriations: (1) in fiscal years 1983 through 1987 for comprehensive elementary school guidance and counseling programs, supplemental grants to States for such programs and research and demonstration programs; (2) through fiscal year 1988 for employment of one new and/or additional elementary guidance counselor per school district, evaluation of programs, and in-service counselor training; and (3) for teacher and counselor centers. Provides formulas, based on the population of elementary school children, for determining allotments to States for such programs. Directs the Assistant Secretary of Elementary/Secondary Education to administer State allotments and State plans through the Office of Guidance and Counseling of the Department of Education. Requires that each State, to be eligible for such allotments, submit to the Assistant Secretary a State plan for providing comprehensive elementary school guidance and counseling programs for a five-year period, with necessary annual revisions, which meets such criteria as the Assistant Secretary may by regulation prescribe. Sets forth required provisions of such plans and programs. Provides for appeal by a State of a final action of the Assistant Secretary to a circuit court of appeals. Authorizes the Assistant Secretary, through the Office of Guidance and Counseling, to make supplemental grants to States with approved plans for distribution to local educational agencies and for support of States with approved plans for distribution to local educational agencies and for support of State agency leadership activities on the basis of statewide needs and priorities in elementary school guidance and counseling. Sets forth approved uses of such grants. Directs the Assistant Secretary to carry out a research and demonstration program relating to elementary and secondary school guidance and counseling. Directs the Assistant Secretary to make an annual evaluation report to the appropriate Congressional committees. Amends the Higher Education Act of 1965 to include training for counselors under the teacher centers program. Provides for a program of in-service training for elementary school guidance counselors. Requires the designation of professionally trained counselors: (1) at the Federal level, to provide information on, and to administer, such programs; and (2) at the State, local school district and intermediate administrative unit levels, to supervise such programs.
United States · United States Congress · 3 February 1981
Small Business Tax Relief Act of 1981 - Amends the Internal Revenue Code to limit recognition on the gain from the sale or exchange of an unincorporated trade or business prior to the time that the taxpayer attains age 55 by providing that such gain shall be recognized only to the extent that it exceeds the cost of reinvesting in replacement property for another small business venture. Provides for the taxation of such gain, after age 55, as ordinary income according to the ten year averaging rules applicable to lump sum distributions from employee benefit plans. Increases the additional first year depreciation allowance for small businesses. Permits a taxpayer election to amortize over a 36 month period expenses for depreciable property which is acquired to put a small business in compliance with Federal regulations and which does not have any economic usefulness for the business. Exempts domestic international sales corporations (DISC) which have an adjusted taxable income of $1,000,000 or less from the limitations on deferral of base period export gross receipts which are applicable to larger corporations. Permits businesses with gross receipts of less than $1,000,000 to elect the cash method of accounting in reporting income. Allows a credit or refund to employers of their proportionate share of excess social security taxes paid on behalf of employees who were employed by two or more employers during the taxable year. Permits an income tax credit of $5 for each form or document which a small business is required to file pursuant to Federal law.
United States · United States Congress · 3 February 1981
Expresses the sense of Congress that the President should seek the establishment of an International Office of Diplomatic Security within the United Nations to: (1) monitor compliance with international agreements concerning the protection of diplomats and diplomatic property; (2) conduct inspections in countries where there are indications of potential danger to diplomatic missions; (3) issue warnings if it determines that a country is unable or unwilling to provide adequate protection for diplomatic missions; and (4) refer such cases to the U.N. Security Council for consideration of international sanctions or security assistance.
United States · United States Congress · 30 January 1981
Social Security Modernization Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple, which are attributable to the period of their marriage, shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Declares that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits.
United States · United States Congress · 30 January 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to enable an insured individual's spouse, who has attained the age of 50 and is not entitled to any other monthly benefits, to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefits at 71.5 percent of the primary insurance amount of the insured individual or, if it is higher, 71.5 percent of the primary insurance amount of the spouse.
United States · United States Congress · 30 January 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple, which are attributable to the period of their marriage, shall be shared equally between them for purposes of determining the eligibility for and amount of old- age or disability insurance benefits to which each spouse is or may become separately entitled if: (1) their marriage lasted at least three years; (2) they are divorced; and (3) either of them elects to have such combined earnings so shared. Makes this Act inapplicable to a surviving divorced spouse if it would result in a reduction in OASDI benefits.
United States · United States Congress · 30 January 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide full benefits for disabled widows and widowers without regard to age.
United States · United States Congress · 30 January 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require that, upon the death of an individual who was married at least three years prior to the date of death or was divorced after at least five years of marriage, the surviving spouse or surviving divorced spouse shall inherit all of the wages and self-employment income credited to such individual during their marriage.
United States · United States Congress · 29 January 1981
Anti-Arson Act of 1981 - Establishes an Interagency Committee on Arson Prevention and Control to coordinate Federal anti-arson programs and to provide assistance to State and local governments for the prevention, detection, and control of arson. Directs the Committee to report to Congress on the success of its activities within 18 months of enactment. Terminates the Committee two years from the date of enactment. Requires the Director of the Federal Bureau of Investigation to: (1) classify arson as a major crime in the Uniform Crime Reports; and (2) develop a special statistical report for arson in cooperation with the National Fire Data Center. Directs the Administrator of the United States Fire Administration to: (1) conduct a research program for the development of techniques and equipment for use by State and local fire fighting and law enforcement personnel for arson prediction, prevention, and control; (2) establish anti-arson educational and training programs for State and local government; (3) develop materials for community awareness programs; and (4) provide information relative to the prevention, prediction, occurrence, and control of arson. Authorizes appropriations for the Administration for such purpose. Amends the National Housing Act to require that FAIR (fair access to insurance requirements) plans be issued only after insurers obtain information from a prospective policyholder with respect to arson.
United States · United States Congress · 29 January 1981
Amends the Foreign Assistance Act of 1961 to prohibit the furnishing of certain military aid under such Act to El Salvador. Prohibits extending credits, guaranteeing loans, making sales, and issuing export licenses to El Salvador under the Arms Export Control Act.
United States · United States Congress · 29 January 1981
Expresses the sense of the House of Representatives that the Congress immediately reimpose price controls on home heating oil and gasoline, and that pending such action the President rescind the decontrol order.
United States · United States Congress · 28 January 1981
Veterans' Educational Assistance Act of 1981 - Establishes a new educational assistance program for the all-volunteer force. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least three years to basic educational assistance. Entitles veterans of the Selected Reserve and the National Guard who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $250 for a full-time approved program of education. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Entitles veterans who have served three or more consecutive years of active duty in addition to those required for basic educational assistance to supplemental educational assistance. Entitles veterans of the Selected Reserve who have served two or more consecutive years of active duty and four or more consecutive years of duty in the reserves in addition to that required for basic educational assistance to supplemental educational assistance. Entitles such veterans to a monthly supplemental assistance allowance of $300 a month. Permits the provision of such assistance to an individual entitled to basic educational assistance who has a skill or specialty in which there is a critical shortage of personnel. Permits the Secretary of Defense to authorize such an individual to transfer to a dependent part or all of such individual's entitlement to educational assistance. Sets forth the conditions under which transferred benefits may be provided. Permits the Secretary of a military branch to enter into preservice educational assistance agreements to encourage enlistment in the active-duty and reserve components. Sets forth the terms and conditions for such assistance. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharge and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance. Allocates the administration and costs of such programs to the Veterans' Administration and the Department of Defense. Requires predischarge counseling which includes a discussion of educational benefit entitlements. Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs. Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981. Amends the Department of Defense Authorization Act, 1981, to extend the pilot Department of Defense educational loan repayment program.
United States · United States Congress · 28 January 1981
Small Business Motor Fuel Marketer Preservation Act of 1981 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make loans to small businesses acquiring gas stations from a refiner. Makes it unlawful for a refiner, other than an independent or small refiner, to operate a gas station in the United States. Requires a refiner, in disposing of any interest in a station, to offer a right of first refusal to the dealer. Sets forth requirements governing such an offer, including use of an independent appraisal meeting standards set by the SBA. Makes it unlawful for any refiner to exceed specified limitations on annual motor fuel sales. Makes it unlawful for any supplier to sell motor fuel at any time at any point of transfer at different prices. Stipulates that withholding of available fuel from a purchaser for resale at a lower price to a supplier-operated station shall constitute a violation. Permits price differentials which reflect manufacturing, sale, or delivery costs, or which are offered in good faith to meet competitive price reductions. Stipulates that a refiner may charge purchasers of motor fuel a uniform surcharge for use of a trademark or other identifying symbol. Makes it unlawful for any person to interfere in any way with the purchasing, selling, or storing of motor fuel by a dealer. Permits contracts requiring a dealer to purchase motor fuel exclusively from a particular dealer or supplier, if such contract assures the dealer the right to purchase fuel elsewhere if the refiner does not have such fuel readily available. Makes it unlawful for any dealer at a station displaying a trademark or identifying symbol of a particular refiner to sell motor fuel not refined by such refiner without providing notice to purchasers. Requires each refiner within 90 days of enactment and annually thereafter to provide to the Federal Trade Commission information regarding the number of: (1) gallons of motor fuel sold at its U.S. stations during the preceding year; (2) gallons of motor fuel manufactured in the United States during the preceding year; and (3) barrels of crude oil produced and refined during the preceding year. Sets forth fines for violations of this Act. Permits civil actions to be brought by the FTC or private parties against violators. Directs the FTC and the Small Business Administration to prescribe regulations required by this Act.
United States · United States Congress · 28 January 1981
State and Local Government Cost Estimate Act of 1981 - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office, for every significant bill or resolution reported in the House or Senate, to prepare and submit (along with its regular estimate of the Federal cost involved) an estimate of the costs which would be incurred by State and local governments in carrying out or complying with such bill or resolution. Authorizes appropriations to carry out this Act.
United States · United States Congress · 28 January 1981
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include the services of licensed registered nurses under the coverage provided pursuant to such titles.
United States · United States Congress · 28 January 1981
Prescription Drug Labeling Act -Amends the Federal Food, Drug, and Cosmetic Act to require that in the labeling and advertising of drugs sold by prescription the established name of such drug must appear each time the drug's proprietary name is used. Allows a pharmacist to fill or refill a prescription for a drug identified by its proprietary name with a substitute drug of the same established name or the same qualitative composition, unless the prescription requires the proprietary name drug exclusively. Requires that such substitute drugs, whether identified in the prescription by proprietary or by established name, be sold at a cost to the patient which is less than the cost of the drug so identified.
United States · United States Congress · 28 January 1981
Consumer Food Labeling Act - Title I: Truth in Food Labeling Act - Truth in Food Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require that the labels on all foods disclose each of their ingredients in order of predominance and the percentage of each ingredient in the food. Title II: Nutritional Labeling Act - Nutritional Labeling Act - Requires the processor to label any packaged consumer food product with specified information, including an analysis of nutritional contents, and net weight, and drained weight, where appropriate. Requires such label to state the nutritional value of the commodity and to appear in conspicuous and easily legible type in distinct contrast with other matters on the package. Requires the conspicuous statement of any difference in weight or volume which may have occurred in the repackaging of a consumer product from a container of any given net content to a container of a different net content. Empowers the appropriate agencies to prescribe regulations and to petition for injunctive relief to carry out and enforce the provisions of this Act. Prescribes a civil penalty of up to $1,000 for willful violation of any provision of this Act. Title III: Open Dating of Perishable Food Act - Open Dating of Perishable Food Act- Amends the Fair Packaging and Labeling Act to require the manufacturer or packager of a perishable or semiperishable food to state on its label the pull date for such food and the optimum temperature and humidity conditions for its storage by the ultimate consumer. Requires pull dates also on shipping containers or wrappings. Prohibits, with specified exceptions, the display, offer for sale, or sale of any such food whose pull date has expired. Prohibits the change, alteration, defacement, or removal of any pull date before sale of such food to the ultimate consumer. Prescribes criminal penalties for the violation of this Act. Requires the Secretary of Health and Human Services to report annually to Congress on the enforcement of this Act. Title IV: Marketing Practices Disclosure Act - Marketing Practices Disclosure Act - Amends the Federal Food, Drug, and Cosmetic Act to require that labels on packaged foods contain the names and places of business of the manufacturer, the packer, and the distributor (currently, the name and place of business of only one of these is required). Title V: Consumer Food Grading Act - Consumer Food Grading Act - Directs the Secretary of Agriculture to develop and promulgate a system of retail quality grade designations for consumer food products expressed in a uniform nomenclature, giving consideration to nutritional quality and wholesomeness of food products, as well as acceptability. Title VI: Unit Pricing Act - Unit Pricing Act - Amends the Fair Packaging and Labeling Act to require retailers to mark plainly the total selling price of any packaged consumer commodity on its package or on a sign at the point of display, and the retail unit price on either the package or a point of display, like a shelf, in close proximity thereto. Exempts from the requirements of this Act certain small retail outlets and any retail outlet in any State or political subdivision which has enacted mandatory unit pricing laws which are, in the judgment of the Federal promulgating authority, superior to the requirements of this Act. Title VII: New Ingredient Notification Act - New Ingredient Notification Act - Amends the Federal Food, Drug, and Cosmetic Act to require any food product to carry a label setting forth in a conspicuous manner any change in its ingredients for six months after such change. Title VIII: Misleading Brand Names Act - Misleading Brand Names Act - Amends the Federal Trade Commission Act to make it an unfair or deceptive act or practice to advertise a brand name of a product which inherently misleads the public as to the product's value, quantity, quality of contents, or performance.
United States · United States Congress · 28 January 1981
Amends the Internal Revenue Code to exempt from the highway use tax motor vehicles primarily used to transport unprocessed and raw farm products or logs, pulpwood, or other forest products from the place of production to market.
United States · United States Congress · 28 January 1981
Commends former President Jimmy Carter, former Secretary of State Edmund Muskie, and former Deputy Secretary of State Warren Christopher for their success in securing the release of the American hostages held in Iran. Conveys appreciation to the Algerian negotiators for the role they played in resolving the hostage crises. Pays tribute to the eight servicemen killed in the April 1980 effort to rescue the American hostages. Commends President Reagan for designating former President Carter to officially greet the freed hostages.
United States · United States Congress · 27 January 1981
Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit, to 12 1/2 percent of the value of the coal produced yearly, the amount of all State and local severance taxes or fees on coal shipped in interstate commerce to any powerplant or major installation.
United States · United States Congress · 27 January 1981
Amends the Internal Revenue Code to provide that any loss which exceeds recognized gain from the holding of a straddle may not be recognized, for income tax deduction purposes, for the period during which a taxpayer holds such straddle, plus 30 days (or before the close of such period if the taxpayer disposes of all the positions which make up a straddle). Provides that the running of the required holding period for capital assets shall be tolled during the same period. Defines "straddle" to mean that there is a substantial reduction of the taxpayer's risk of loss from holding any position with respect to personal property because the taxpayer also holds one or more other positions with respect to personal property (commodities, evidences of indebtedness,currency, and other types of personal property). Creates a rebuttable presumption that two or more positions are offsetting, for purposes of the definition of a straddle, if: (1) the positions are customarily treated as such; (2) the aggregate margin requirement for such positions is lower than the sum of the margin requirement for each such position; or (3) there are other factors, as determined by the Secretary of the Treasury pursuant to regulations, which indicate that such positions are offsetting. Disallows as a deduction, and makes chargeable to capital account, interest and carrying charges with respect to personal property which is part of a straddle. Provides that obligations of the United States, a State or local government, or a U.S. possession issued on a discount basis and payable without interest in less than one year shall be treated as capital assets in determining tax consequences of gain or loss with respect to such obligations. Excludes from capital gains tax treatment gain by a securities dealer from the sale or exchange of any security, unless the security was clearly identified in the dealer's records before the end of the day after the date of acquisition as a security held for investment (currently, before the end of the 30th day after the date of acquisition).
United States · United States Congress · 27 January 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the amount of outside earnings permitted each year without any deduction from OASDI benefits by an amount equal to the total of all State and local real property taxes which an individual pays during a taxable year.
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 Railroad Retirement Act of 1974 to eliminate the present deductions from employee annuities under such Act on account of military pensions, disability compensation, and other gratuitous benefits given to such individuals under other Acts of Congress.
United States · United States Congress · 23 January 1981
Amends the Railroad Retirement Act of 1974 to direct that benefits under such Act for divorced spouses, surviving divorced spouses, widows, and widowers of railroad employees shall be the same as those benefits that they would have been entitled to had the railroad employee's service been subject to the Social Security Act.
United States · United States Congress · 23 January 1981
Amends the Railroad Retirement Act of 1974 to provide an annuity for disabled spouses of railroad employees and for spouses of disabled railroad employees.
United States · United States Congress · 23 January 1981
Amends the Railroad Retirement Act of 1974 to include all military service (presently only wartime military service) as years of service in computing the amount of an annuity for a retired railroad employee.
United States · United States Congress · 23 January 1981
Amends the Railroad Retirement Act of 1974 to direct that benefits payable to a parent of a deceased railroad employee under such Act shall be equal to those that the individual would have received under the Social Security Act if the service of the employee had been covered under such Act.
United States · United States Congress · 23 January 1981
Amends the Railroad Retirement Act of 1974 to direct that an individual who has completed 25 years of service shall be deemed to have "current connection with the railroad industry" for retirement purposes under such Act.
United States · United States Congress · 23 January 1981
Social Security Amendments of 1981 - Provides full benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act for disabled wives, husbands, widows, and widowers without respect to age. Authorizes benefits for essential spouses of disability beneficiaries without regard to age or children in care. Provides benefits for divorced husbands, surviving divorced husbands, and surviving fathers. Eliminates the requirement that the 20 quarters of coverage necessary for disability insurance must have occurred within a 40 quarter period.
United States · United States Congress · 22 January 1981
Resource Conservation and Development Act of 1981 - Directs the Secretary of Agriculture to establish a resource conservation and development program to assist States, local units of government, and local nonprofit organizations to operate and maintain a planning process for land conservation and utilization, natural resources development, and rural economic and environmental improvement. Authorizes the Secretary to: (1) provide technical assistance in developing area plans for designated rural areas; (2) cooperate in conducting surveys and inventories, disseminating information, and developing area plans; (3) assist in the carrying out of approved area plans by local public agencies and nonprofit organizations designated by States; and (4) enter into specified agreements with such State and local entities. Sets forth the terms and conditions of such agreements. Permits the identification of groups or problems for special consideration in area plans. Directs the Secretary to establish within the Department of Agriculture a Resource Conservation and Development Policy Board to advise the Secretary regarding the administration of this Act. Directs the Secretary to evaluate the program provided for in this Act and to report on such evaluation by December 31, 1986. Authorizes appropriations necessary to carry out this Act, with specified annual limits on technical and financial assistance and on loans.
United States · United States Congress · 22 January 1981
Armed Forces Education Assistance Act of 1981 - Establishes an Armed Forces Educational Assistance Program for persons who enter military service after September 30, 1981, and serve on active duty for three years or more. Sets forth a schedule of educational assistance entitlement for such veterans as follows: (1) for service of 36 consecutive months but less than 48 consecutive months and an agreement to serve three years in the Ready Reserve, 18 months of assistance; (2) for service of 48 consecutive months but less than 72 consecutive months and an agreement to serve four years in the Ready Reserve, 36 months of assistance; and (3) for service of 72 consecutive months, 36 months of assistance. Allows an eligible veteran who has served on active duty for 16 years by September 30, 1987, to transfer his or her educational entitlement to spouse or children in such manner as prescribed by the Administrator concerned and under limitations set forth in this Act. Makes such veterans eligible for educational assistance for the six-year period following their discharge or release date. Sets forth procedures extending any applicable time period for such veterans who are prevented from initiating or completing a program of education under certain circumstances. Directs the Administrator of Veterans' Affairs to pay tuition costs and a subsistence allowance to eligible veterans in the program. Terminates the Post-Vietnam Era Veterans' Educational Assistance program after September 30, 1983. Requires the Administrator of Veterans' Affairs and the Secretary of Defense to submit a joint report to the Congress, not later than 90 days after the enactment of this Act, on plans for implementing the educational assistance provided in such Act. Directs the Secretary of Defense to report to the Congress semiannually on the effect of such program on the number and quality of individuals entering the Armed Forces.
United States · United States Congress · 22 January 1981
Modifies the termination date for veterans eligible for educational assistance to December 31, 1989, or five years after discharge or release from active duty, whichever is later.
United States · United States Congress · 22 January 1981
Authorizes the President to present on behalf of the Congress specially struck gold medals to fifty-three individuals held hostage in the United States Embassy in Iran. Directs the Secretary of the Treasury to: (1) strike fifty-three gold medals with suitable emblems, devices and inscriptions; and (2) coin and sell bronze duplicates of such medals. Authorizes appropriations.
United States · United States Congress · 22 January 1981
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Makes such amendment inapplicable to laws permitting medical procedures required to prevent the death of the mother.
United States · United States Congress · 22 January 1981
Expresses the sense of the House of Representatives that the Secretary of Health and Human Services should not approve any portion of the Model State Adoption Act and Procedures prepared under the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 which: (1) confers upon all biological fathers of children born out of wedlock, without distinction, the right to veto adoption of the child upon mere proof of paternity; (2) sets less stringent standards for the placement of children by unlicensed intermediaries than by licensed child-placing agencies; (3) gives parents the right to revoke relinquishments which have not been obtained through fraud, duress, or undue influence; (4) requires automatic opening, at the request of an adult adoptee, of confidential birth records, court records, and adoption agency records; (5) requires agencies to notify adult adoptees that a birth parent desires to meet the adoptee even if the adoptee has not expressed a desire to meet with his or her birth parents; and (6) allows birth parents to have access to the adoption records of their relinquished children without the permission of both the adoptee (over age 18) and the adoptive parents.
United States · United States Congress · 22 January 1981
Expresses the appreciation of the American people for the efforts of the Algerian Government to secure the safe and peaceful release of the Americans held hostage in Iran.
United States · United States Congress · 16 January 1981
Amends the Fair Labor Standards Act of 1938 to prohibit the employment of any blind person, or person with impaired sight, at less than the applicable minimum wage under such Act.
United States · United States Congress · 16 January 1981
Prohibits the total annual Government expenditures for the care of a former President, excepting Secret Service protection, from exceeding ten times the poverty level income for one urban family of four.
![Official portrait of Rep. Oberstar, James L. [D-MN-8]](https://www.congress.gov/img/member/o000006_200.jpg)