United States · United States Congress · 25 February 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to extend from five to ten years the period during which a spouse or mother becoming eligible for a Government pension may qualify for an exemption from title II provisions requiring a reduction in such spouse's or mother's OASDI benefits based on receipt of a Government pension.
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 · 23 February 1981
Exempts nonprofit veterans' organizations and nonprofit fraternal organizations from the requirement that nondramatic literary or musical performance royalties be paid to copyright holders.
United States · United States Congress · 19 February 1981
Amends the Internal Revenue Code to provide homebuilders with an income tax credit for the construction of residences which incorporate a passive solar energy system. Directs the Secretary of the Treasury, after consultation with the Secretaries of Energy and Housing and Urban Development, to prescribe regulations setting forth a solar construction credit table for purposes of determining the amount of the credit for which the incorporator of the solar energy system is eligible. Limits the dollar amount of such credit to $2,000 for calendar years prior to 1987 and phases out the amount of the credit by $500 decrements until 1990 when such credit terminates. Defines a "passive solar energy system" as a system which contains a solar collection area, an absorber, a storage mass, a heat distribution method, and heat regulation devices. Requires such system to be installed in a new residence after September 30, 1981, and before January 1, 1990.
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 · 18 February 1981
Amends title VII (Equal Employment Opportunity) of the Civil Rights Act to 1964 to make it an unlawful employment practice to discriminate against any individual who is physically or mentally handicapped.
United States · United States Congress · 18 February 1981
Older Americans Alternative Care Act of 1981 - Title I: Medicare Amendments - Amends title XVIII (Medicare) of the Social Security Act to remove the homebound requirement for home health services. Includes periodic chore and respite care services as home health services. Permits home health services to be provided in an adult day care center. Title II: Senior Companions Program - Amends the Domestic Volunteer Service Act to authorize the Director of the ACTION Agency to make grants or contracts under the National Older Americans Volunteer Program to establish senior companion programs. Title III: Income Tax Credit for Maintaining Household for Older Dependents - Amends the Internal Revenue Code to authorize an income tax credit for an individual who maintains as his or her home a household for a dependent over age 65.
United States · United States Congress · 17 February 1981
Prohibits the Secretary of the Treasury from excepting Iranian pistache nuts from the requirement that the country of origin of imported articles be clearly marked on the articles.
United States · United States Congress · 17 February 1981
Amends the Agricultural Adjustment Act to subject imported grapes to the same regulations as to grade, size, quality, or maturity as table grapes which are subject to a marketing order.
United States · United States Congress · 6 February 1981
Family Farm Estate Tax Relief Act of 1981 - Amends the Internal Revenue Code to permit the executor of an estate to exclude the value of real property used in farming from a decedent's gross estate for purposes of the estate tax. Excludes up to the first $750,000 of the value of the farm property and certain percentages of the value in excess of $750,000. Requires a percentage reduction of the amount of the exclusion for farm property in excess of $1,350,000.
United States · United States Congress · 6 February 1981
Expresses the sense of the Congress that the United States should provide immediate humanitarian assistance to help Somalia cope with the massive influx of refugees. Urges Executive branch officials to call upon other nations to aid the Somali refugees.
United States · United States Congress · 5 February 1981
Administrative Rulemaking Reform Act - Directs a Federal agency preparing to hold a rulemaking session to make a reasonable effort to inform those likely to be affected by the proposed rulemaking. Requires the notice of rulemaking to include: (1) the projected effective date of the rules; (2) the purpose of the rulemaking; (3) the text of the proposed rules; and (4) the studies on which the agency intends to rely in the rulemaking proceedings. Requires public notice and public opportunity for comment on all rulemaking proceedings unless the agency finds that proposed rules are emergency rules or are of routine or insignificant impact. Requires Federal agencies to give interested persons at least 45 days to participate in the rulemaking. Provides for agency hearings to receive oral comments, and procedures to resolve significant controversies over factual issues. Requires each agency to maintain a public file of all relevant material and required statements for each rulemaking. Prohibits adoption of a proposed rule that has been revised substantially unless interested persons are provided an opportunity to comment on such revisions. Sets forth an expedited rulemaking procedure for rules to replace emergency rules. Directs each agency to submit a copy of each promulgated rule to each House of Congress. Declares that no rule, excluding an emergency rule, shall become effective if: (1) both Houses of Congress adopt a concurrent resolution disapproving it within 90 days of continuous session of Congress; or (2) one House adopts such a resolution within 60 such days and the other House does not disapprove such resolution within 30 days thereafter. Authorizes either House to adopt a resolution directing an agency to reconsider and repromulgate a newly promulgated rule or an existing rule within a specified period. Provides that if such agency fails to act such rule shall lapse. Directs the Administrative Conference of the United States to study and report on the effects on rulemaking of the Congressional review provisions of this Act. Authorizes appropriations for such study. Directs a court reviewing an agency rule to set aside any rule found to be unwarranted by material in the rulemaking file.
United States · United States Congress · 5 February 1981
Stipulates that the payment of retired or retainer pay which would otherwise be made to a member of the armed forces shall be paid by the Secretary concerned to another person to the extent provided for in the terms of any court decree of divorce, annulment, or legal separation.
United States · United States Congress · 5 February 1981
Authorizes the Administrator of Veterans' Affairs to furnish a memorial headstone or marker to commemorate any veteran whose remains are unavailable because of a donation to science, a burial at sea, or other causes. Directs the Administrator to set aside suitable areas in national cemeteries to honor such veterans.
United States · United States Congress · 5 February 1981
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. Establishes a mandatory term of imprisonment of five years for a first offender (currently, one to ten years) and eight years for a second or subsequent offender (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence, grant probation, or impose the additional sentence concurrently with the sentence imposed for the felony. Prohibits the granting of parole to an offender.
United States · United States Congress · 5 February 1981
Petroleum Displacement Act of 1981 - Amends the Powerplant and Industrial Fuel Use Act of 1978 to repeal certain prohibitions and limitations on the use of natural gas as a primary energy source in electric powerplants. Repeals the authority of the Secretary of Energy to prohibit the use of petroleum or natural gas or both: (1) as a primary energy source in electric powerplants where coal or alternate fuel capability exists; and (2) in excess of a minimal amount in an electric powerplant in which it is feasible to use a mixture of petroleum or natural gas or an alternate fuel as a primary energy source.
United States · United States Congress · 5 February 1981
Directs the Secretary of Health and Human Services, acting through the National Institute of Arthritis, Metabolism, and Digestive Diseases, to: (1) conduct a clinical investigation of the safety and efficacy of dimethyl sulfoxide as a drug to be used by persons with arthritis; and (2) report to Congress within one year of enactment of this Act.
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 President to designate the week of May 10 to May 16, 1981, as "CARE Week" in observance of the thirty-fifth anniversary of CARE (the Cooperative for American Relief Everywhere, Inc.).
United States · United States Congress · 4 February 1981
Establishes within the National Institutes of Health the Office of Drugs of Limited Commercial Value under the direction of the Director of the National Institutes of Health. Establishes within the Office an advisory council to advise the Director and make recommendations to the Secretary of Health and Human Services respecting the time required for drug approval under the Federal Food, Drug, and Cosmetic Act. Authorizes the Director to provide financial assistance to entities for the development of drugs of limited commercial value, defined as a drug for a condition or disease of low incidence, to undertake the development of such drugs, undertake studies to determine the potential and need for specific drugs, and coordinate the efforts of public and private entities engaged in the development of such drugs. Requires the submission and approval of an application containing the scientific basis for the development and the proposed therapeutic use of the drug and other specified information before financial assistance is provided. Requires each entity receiving funds to keep specified records. Requires the Director to report to Congress within two years on the effectiveness of this Act.
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 · 4 February 1981
Domestic Violence Prevention and Services Act - Authorizes the Secretary of Health and Human Services to make grants to States and Indian tribes for projects designed to prevent domestic violence and provide immediate shelter and other assistance for victims of domestic violence and their dependents. Sets forth conditions for receiving such grants, including that the State: (1) distribute funds to local public agencies and private nonprofit organizations; (2) distribute at least 70 percent of such funds to private, nonprofit organizations and give special emphasis to community-based projects; (3) designate a State agency to administer the programs; (4) set forth procedures to assure active citizen participation within the State; (5) assure that any project funded will coordinate its activities with other State programs and be administered by trained personnel; (6) provide technical assistance; and (7) comply with reporting requirements. Limits the total amount of grants to any local program to $150,000 for not more than a three-year period. Limits the grant for any fiscal year to $50,000. Stipulates that funds may not be used for direct payment to victims or dependents and that no income eligibility standard may be imposed. Requires local public agencies and private organizations to provide the following shares of Federal funding: 25 percent in the first year, 33.33 percent the second year, and 50 percent the third year. Requires that at least 75 percent of grants be distributed to entities providing immediate shelter and related assistance to victims. Authorizes the Secretary to make supplemental grants to States for: (1) administrative costs; (2) developing and implementing programs; (3) assuring active citizen participation; and (4) developing a media campaign. Provides that each State will be allotted at least $45,000 in formula grants and $7,500 in supplemental grants. Requires each State receiving assistance to submit detailed annual reports to the Secretary on the implementation of programs. Directs the Secretary to: (1) designate a director of programs carried out under this title; (2) establish a national information clearinghouse on domestic violence, in coordination with the child abuse clearinghouse; (3) make recommendations to Congress regarding domestic violence programs; and (4) obtain information on research relating to domestic violence. Directs the Secretary to make annual reports to Congress and to evaluate and report on the effectiveness of the programs no later than two years after funds are obligated. Sets forth confidentiality requirements with respect to records of persons assisted under this title. Establishes the Federal Interagency Council on Domestic Violence to assist the Secretary in coordinating Federal programs. Authorizes appropriations for fiscal years 1982 through 1984 to carry out this title. Provides for repeal of this title at the end of either fiscal year 1985 or the third fiscal year after appropriations are first made. Directs the Secretary of Health and Human Services to report to the President and Congress within 18 months of enactment on the nature and incidence of abuse of elderly persons.
United States · United States Congress · 4 February 1981
Expresses the sense of the House of Representatives that all internal revenue bills reported from the Committee on Ways and Means which decrease revenues should be made a part of the first reconciliation bill reported from the Committee on the Budget. States that the aggregate revenue loss from such bills shall not exceed the aggregate net spending reductions under such reconciliation bill.
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
Residential Rental Housing Tax Incentive Act of 1981 - Amends the Internal Revenue Code to allow a taxpayer to elect to depreciate residential rental property under the straight line method based on a period of 120 months if the original use of such property begins with the taxpayer or 240 months in any other case. Exempts residential property, residential rental property, and low-income housing from the requirement that construction period interest and taxes related to such property be amortized instead of deducted currently. Expands eligibility for accelerated depreciation of rehabilitation expenditures for all types of rental housing, not just low-income rental rehabilitation expenditures. Increases the eligible amount of depreciable low-income housing rehabilitation expenditures to $30,000. Eliminates provision for recapture of depreciation for rehabilitation expenditures.
United States · United States Congress · 3 February 1981
Presidential Nomination Commission Resolution - Establishes the Commission of Presidential Nominations to make an investigation regarding the presidential nominating process. Directs the Commission to report to the President and Congress respecting such investigation including recommendations for the 1984 presidential elections. Terminates the commission 60 days after submission of such report. Sets forth the powers of such Commission, and related administrative provisions. Authorizes necessary appropriations.
United States · United States Congress · 2 February 1981
Free Enterprise Postage Stamp Act - Establishes a Free Enterprise Postage Stamp Advisory Committee consisting of the Postmaster General, the Deputy Postmaster General, and the Chairman of the Federal Trade Commission. Directs the Committee to advise the United States Postal Service regarding the approval of bids for the printing, distribution, and sale of postage stamps containing the logos of domestic business enterprises. Authorizes the Postal Service to enter into contracts to print, distribute, and sell 2,000 issues of 50,000 of such stamps for domestic business enterprise for a minimum price of $10,000 each. Sets forth the specifications for acceptable business logos. Requires the Committee to advertise the availability of such stamps, review the bids received for each issue, and recommend the bids which would be the most economically advantageous to the Postal Service. Directs the Committee and the Postal Service to reject all bids for an issue if such action is in the public interest. Declares that all of the revenues from the sale of such stamps shall be deposited into the Postal Service Fund. Requires the Postal Service to report to Congress on the effectiveness of the sale of such stamps in raising revenues.
United States · United States Congress · 2 February 1981
Amends the program of medical and dental care for members and certain former members of the uniformed services and for their dependents to include former spouses of members of the uniformed services. Establishes length of marriage and other requirements of eligibility.
United States · United States Congress · 2 February 1981
Amends the National Flood Insurance Act of 1968 to include insurance coverage for damage caused by flood-related landslides. Directs the Federal Insurance Administrator, within one year of enactment of this Act, to report to Congress on the feasibility of insuring property which is located outside of, but on the same real estate lot as, a currently insured residential structure. Directs the Secretary of Housing and Urban Development to pay to any person who, during a specified period prior to enactment of this Act, incurred property damage caused by a flood-related landslide. Provides that such amount equal the amount payable if such damage had been covered by such insurance. Authorizes appropriations.
United States · United States Congress · 2 February 1981
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Disallows any person who has been a Member for three consecutive four-year terms to be a Member during the two-year period following the end of such third term. Provides that a Senator who has served for three consecutive six-year terms may not be a Senator for the two-year period following the end of such third term. Prohibits any Representative who has more than one year remaining in his term of office from being elected as a Senator, unless such Representative has submitted a resignation effective the first January 3 after his Senate election.
United States · United States Congress · 30 January 1981
Rescinds, pursuant to the Impoundment Control Act of 1974, budget authority contained in the message of the President of January 15, 1981 (H. Doc. 97- 11) for the Federal payment to the Postal Service Fund.
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
Eliminates specified limitations on excess profits from contracts with any military department for the construction or manufacture of aircraft and naval vessels.
United States · United States Congress · 29 January 1981
First-Home Ownership Act of 1981 - Amends the Internal Revenue Code to allow individuals who have never owned a home an income tax credit for certain amounts contributed to an individual housing account. Limits the cash amount of such credit to $2,500 for any taxable year, and $10,000 during the taxpayer's lifetime. Requires contributions made to an individual housing account to remain in such account for at least 12 months. Establishes a schedule of percentages, graduated downward according to adjusted gross income, for purposes of determining the amount of contribution to an individual housing account which may be credited against income tax liability. Exempts individual housing account trusts from income taxation. Imposes tax penalties on amounts distributed from an individual housing account for purposes other than the purchase of a principal residence. Requires the trustee of an individual housing account to report to the Internal Revenue Service with respect to contributions to and distributions from such account. Imposes fines for failure to make such report.
United States · United States Congress · 28 January 1981
Civil Rights Amendments Act of 1981 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation. Stipulates that this Act shall not be construed to permit a finding of discrimination based on statistical differences or the fashioning of any remedy requiring a quota.
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 · 27 January 1981
National Tourism Policy Act - Title I: National Tourism Policy - Declares that the purpose of this Act is to establish a cooperative effort between the Federal Government, State and local governments, and other concerned public and private organizations to implement a national tourism policy. Title II: United States Travel and Tourism Administration - Establishes as an independent agency the United States Travel and Tourism Administration. Authorizes the Administration to assist Congress and the Federal agencies having policy and programmatic responsibilities affecting tourism. Directs the Administrator, by April 15, 1982, to submit a detailed tourism development plan to specified Congressional committees. Requires each Federal agency upon the request of the Administrator to: (1) make its services, personnel, and facilities available to assist the Administration; and (2) furnish the Administration necessary information, suggestions, estimates, and statistics. Prohibits the Administration from providing transportation or accommodations in competition with businesses engaged in providing such transportation or accommodations. Directs the Administration to submit budget information, legislative recommendations, prepared testimony for Congressional hearings, and reports to the President or to the Office of Management and Budget and, concurrently, to Congress. Directs the Administration to submit an annual report to the President for transmittal to Congress. Authorizes the Administrator to provide financial assistance to regions of not less than two States or portions of two States for the implementation of regional tourism promotional and marketing programs which shall serve as demonstration projects. Authorizes appropriations for fiscal year 1982. Establishes the Travel and Tourism Advisory Board. Directs the Secretary of Commerce to complete the transfer of the assets, rights, privileges, powers, duties, and liabilities of the United States Travel Service to the Administration by October 1, 1981. Abolishes the United States Travel Service upon completion of such transfer. Title III: Amendments to the International Travel Act - Amends the International Travel Act of 1961 to extend until September 30, 1981, the time limit for the reduction in the number of employees of the United States Travel Service. Prohibits the Secretary of Commerce from reducing: (1) the number of United States Travel Service employees in offices in foreign countries to a level below that authorized for fiscal year 1979; and (2) the amount of funds appropriated pursuant to this Act for financing the activities of such foreign offices to a level below that authorized for fiscal year 1979.
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.
![Official portrait of Rep. Panetta, Leon [D-CA-16]](https://www.congress.gov/img/member/p000047_200.jpg)