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
Hobbs Act Amendment of 1981 - Amends the Hobbs Act to establish penalties for obstructing, affecting, or interfering with commerce by willfully injuring, damaging, burning, or destroying to the value of $2,000 or more any real or personal property of any person at or near any place where work or business of an employer or owner is carried on or where such employer or owner transports, stores, or maintains property for business or other purposes. States that such violation, as well as the offense of interfering with commerce by extortion, shall not be nullified or mitigated even if committed in the course of a legitimate labor dispute.
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
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Provides that, in addition to the processing and settlement of claims, the Comprehensive Oil Pollution Liability Trust Fund (Fund), established in title II of this Act, is immediately available to pay specified removal costs arising out of an oil pollution incident. Authorizes the Secretary of Transportation to issue regulations designating the person or persons who may obligate available money in the Fund for such purposes. Permits claims for damages for economic loss, incurred within a specified time, to be asserted for: (1) removal costs; (2) injury to or destruction of property or natural resources; and (3) loss of profits or impairment of earning capacity due to such injury or destruction. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires owners or operators of vessels over 300 tons (including foreign vessels) and owners or operators of offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Permits any owner or operator of more than one vessel or offshore facility to establish financial responsibility only to meet the maximum liability of the largest of such vessels or facilities, as the case may be. Provides for the enforcement of such financial responsibility requirements. States, in the case of an owner who is the holder of a leasehold interest or permit for the exploration of oil offshore, that evidence of financial responsibility established for the leasehold shall cover such owner for all facilities located on the leasehold. Provides that where an offshore facility is owned or operated by more than one person, evidence of financial responsibility may be established by any one of the owners or operators or in consolidated form. Requires owners or operators of each tank motor vehicle operated on highways and transporting oil in bulk, with a water capacity of more than 3,500 gallons, to establish and maintain evidence of specified financial responsibility. Limits the total liability of any guarantor, under this title, to the aggregate amount which such guarantor has provided as evidence of financial responsibility (except in cases of bad faith by a guarantor in settling a claim). Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the owner or operator, or to such person's guarantor, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Subrogates any person or Government entity, including the Fund, paying compensation, to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators or guarantors of alleged pollution sources. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Directs the Secretary to submit an annual report to Congress on the administration of this title. Title II: Fund and Tax - Establishes the Fund in the Treasury of the United States. Transfers to the Fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax; (2) the amounts recovered or collected on behalf of such Fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under oil and hazardous substances liability provisions of the Federal Water Pollution Control Act insofar as these relate to petroleum oils. Makes amounts in the Fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims). Defines "compensable damages" for purposes of the Act. Restricts interest payable out of the Fund. Provides for certain interfund loans, under specified conditions. Directs the Secretary of the Treasury to consult with the Secretary of Transportation, in the case of the Fund, and with the Administrator of the Environmental Protection Agency, in the case of the Hazardous Substance Trust Fund, concerning such interfund loans. Limits payment of claims by the Fund by requiring a minimum balance of at least $30,000,000 in the Fund. States that claims are to be paid in the order in which they were finally determined. Limits U.S. liability for payment of claims under this Act to the amounts in the Funds established under this title. Prohibits the funds from borrowing any money from the general fund of the Treasury, other than a first year authorization of appropriations as a repayable advance. Sets forth administrative provisions for the Fund, including methods of transfer, management, and investment. Coordinates this title with other provisions in this Act. Provides that nothing in this Act other than this title shall authorize: (1) the establishment of any fund; (2) the payment out of any fund created by this title; (3) the levy or collection of any fee; or (4) the imposition of any requirement with respect to the procedure applicable to rules and regulations prescribed under this title. Provides that, to the extent not inconsistent with this title, any reference in title I of this Act to a fund shall be deemed to refer to the Fund. Provides that, if the balance in any fund is to be transferred to the Fund, then any claim arising before October 1, 1981, which would have been payable out of the other fund shall be payable out of the Fund. Provides that if the Secretary of the Treasury determines that there is: (1) a Trans-Alaska Pipeline (TAP) Liability Fund surplus, then the amount of such surplus shall be treated as an advance payment of the petroleum excise tax on crude oil first transported through the TAP after the date of such determination; or (2) a TAP fund deficit, then the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Bases such TAP fund surplus or deficit on whether the amount transferred to the Fund from the TAP Liability Fund is greater or lesser than the total amount of claims which the Secretary of the Interior certifies as outstanding against the TAP Liability Fund at the time of such transfer. Amends the Internal Revenue Code of 1954 to provide for environmental excise taxes on petroleum and certain chemicals. Imposes an excise tax (the "petroleum tax"), for fiscal years 1981 through 1986, of 1.3 cents a barrel on: (1) crude oil received at a U.S. refinery, to be paid by the operator; (2) petroleum products entered into the United States for consumption, use, or warehousing, to be paid by the person entering such product; and (3) any domestic crude oil used in or exported from the United States which has not been taxed under (1), to be paid by the person using or exporting such crude oil. Exempts from such tax domestic crude oil used, on the premises where it was produced, for extracting oil or natural gas. Defines 'crude oil', 'petroleum product', and 'United States' for purposes of the Act. Provides that only one such petroleum tax shall be imposed on any petroleum product. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the provisions of this Act. Requires pro rata rebates to owners of oil when: (1) the amount of actual claims settled is less than the amount of claims certified against the Trans-Alaska Pipeline Liability Fund (TAP fund) or (2) any TAP fund surplus is not used as an advanced payment to the Comprehensive Oil Pollution Liability Fund. Amends the Federal Water Pollution Control Act to provide that the Secretary of the Army shall make any determination with respect to specified provisions applying to certain navigable waters.
United States · United States Congress · 5 January 1981
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
Apalachicola and Osceola Wilderness Act of 1981 - Designates the following lands in Florida as components of the National Wilderness Preservation System: (1) the Bradwell Bay Wilderness Addition and the Mud Swamp/New River Wilderness in the Apalachicola National Forest; and (2) the Big Gum Swamp Wilderness in the Osceola National Forest. Prohibits the Department of the Interior from issuing phosphate leases in the Osceola National Forest, Florida, unless and until the United States determines that the mining of phosphate deposits in such leases would be necessary to the national interest. Directs the Secretary of the Interior, within three years from the date of enactment of this Act, with respect to specified applicants for phosphate preference right leases which have made discoveries of valuable deposits, to exchange their applications for leases covering other minerals. Requires such an exchange to be of equal value, with a payment of money to the Secretary or the applicant if necessary, so long as such payment does not exceed 25 percent of the value of the leases to be issued by the Secretary. Permits disapproval of any such exchange, within 60 days, by a specified committee of either House. Provides that the designation of the Big Guam Swamp Wilderness will not alter phosphate lease rights applicable to lands within the wilderness.
United States · United States Congress · 5 January 1981
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
Intelligence Identities Protection Act - Amends the National Security Act of 1947 to establish criminal penalties for any person who knowingly discloses information which identifies a U.S. covert intelligence agent. Establishes a maximum penalty of ten years' imprisonment and/or a $50,000 fine for any person who, having had authorized access to classified information which identifies a covert agent, intentionally discloses such information. Establishes a maximum penalty of five years' imprisonment and/or a $25,000 fine for any person who, having had authorized access to classified information, learns the identity of a covert agent and intentionally discloses such information. Establishes a maximum penalty of three years' imprisonment and/or a $15,000 fine for any person who, in the course of an effort to identify covert agents "with intent to impair" U.S. foreign intelligence activities, discloses information identifying an agent. Directs the President to establish procedures requiring Federal agencies to provide assistance in concealing the identity of U.S. intelligence agents.
United States · United States Congress · 5 January 1981
Establishes in the House of Representatives a Select Committee on Narcotics Abuse and Control to review problems of narcotics abuse, including enforcement, international trafficking, organized crime, and the criminal justice system with respect to narcotics law violations.