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Official portrait of Rep. Dreier, David [R-CA-26]

Rep. Dreier, David [R-CA-26]

United States · Official source

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2,818 records where Rep. Dreier, David [R-CA-26] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 5404 (97th)referred

A bill to abolish the Synthetic Fuels Corporation.

United States · United States Congress · 2 February 1982

Repeals provisions of the Energy Security Act which establish the U.S. Synthetic Fuels Corporation. Requires that projects and funds transferred to the Corporation pursuant to the Supplemental Appropriations and Rescission Act, 1980 be transferred back to the Department of Energy. Authorizes the Director of the Office of Management and Budget to terminate the affairs of the Corporation.

Bill· HJRESH.J.Res. 394 (97th)referred

A joint resolution commending the Italian Government and the Italian police for their daring and brilliant rescue of General James L. Dozier, and expressing support for all of the Italian Government's efforts to end terrorism.

United States · United States Congress · 2 February 1982

Expresses the gratitude of the Congress to the Italian Government and the Italian police for the rescue of Brigadier General James L. Dozier. Commends General Dozier for his bravery and patriotism throughout the ordeal. Declares congressional support for the Italian Government's efforts to end terrorism.

Bill· HRH.R. 5364 (97th)open

A bill to rescind the tax benefits enacted during 1981 which provided special deductions with respect to the living expenses of Members of Congress and to decrease the amount of outside earned income a Member may accept.

United States · United States Congress · 27 January 1982

Rescinds any legislation enacted after December 31, 1980, increasing the income tax deduction for the living expenses of Members of Congress. Amends rule XLVII of the Rules of the House of Representatives to limit the amount of outside income a Member may earn to not more than 15 percent of the Member's aggregate salary. Provides that Members may not accept any honorarium of more than $1,000.

Resolution· HCONRESH.Con.Res. 249 (97th)referred

A concurrent resolution condemning religious persecution and bigotry as an official policy or practice of national governments.

United States · United States Congress · 26 January 1982

Expresses the Congress's opposition to religious persecution and bigotry wherever practiced, encouraged, or tolerated by national governments. Expresses the sense of the Congress that U.S. officials should emphasize U.S. opposition to such persecution. States that the appropriate congressional committees should hold hearings to determine U.S. policy toward governments that violate the international law guaranteeing freedom from religious persecution and bigotry.

Resolution· HCONRESH.Con.Res. 248 (97th)open

A concurrent resolution expressing the sense of the Congress with respect to the contributions of the United States Air Force Aerial Demonstration Squadron, commonly known as the Thunderbirds.

United States · United States Congress · 26 January 1982

Expresses the sense of the Congress that the President should commemorate the contributions of the pilots of the United States Air Force Aerial Demonstration Squadron, known as the Thunderbirds, who have lost their lives in the course of duty. Expresses congressional support for the continuation of the Thunderbird program.

Bill· HRH.R. 5256 (97th)referred

A bill to amend the General Education Provisions Act to reduce the period for which records must be retained by recipients of funds under programs administered by the Rehabilitation Services Administration.

United States · United States Congress · 16 December 1981

Amends the General Education Provisions Act to reduce the period for which records must be retained by recipients of funds under programs administered by the Rehabilitation Services Administration (from five years to three years).

Bill· HRH.R. 5180 (97th)open

A bill to amend title XVIII of the Social Security Act to provide for coverage of hospice care under the medicare program.

United States · United States Congress · 11 December 1981

Amends title XVIII (Medicare) of the Social Security Act to permit an individual to elect hospice care, in lieu of certain other benefits, during two periods of 180 days each during the individual's lifetime. Provides for full reimbursement of reasonable costs to a hospice program, subject to a ceiling. Directs the Comptroller General to conduct a study of the hospice reimbursement method. Defines hospice care as including items and services furnished to the terminally ill in their homes, on an outpatient basis, and on a short term inpatient basis.

Bill· HRH.R. 5188 (97th)referred

A bill to amend title II of the Social Security Act to provide for a program to systematically compare information on State death certificates with information maintained under the Social Security program in order to ensure that inappropriate benefits are not paid with respect to individuals who have died.

United States · United States Congress · 11 December 1981

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of Health and Human Services to establish a program under which States periodically furnish the Secretary with information on the death certificates officially filed with them so that necessary corrections may be made to the beneficiary records maintained under the social security program.

Bill· HRH.R. 5150 (97th)referred

A bill to authorize, on an emergency basis, the Government National Mortgage Association to provide assistance with respect to certain mortgages secured by newly constructed unsold homes.

United States · United States Congress · 9 December 1981

Amends the Federal National Mortgage Association Charter Act to authorize the Secretary of Housing and Urban Development to direct the Government National Mortgage Association, during fiscal year 1982, to provide financial assistance to mortgagors by reducing the mortgage payments for certain new homes to amounts the payments would equal if the interest rates on such mortgages were 12 percent. Directs the Association to provide such assistance by: (1) purchasing and servicing mortgages; or (2) making payments to mortgagees on the principal of or interest on mortgage loans. Requires the Association to recapture the lesser of the amount of assistance provided to a mortgagor or 50 percent of the net appreciation of the assisted property whenever the property is sold or refinanced or whenever the property is no longer the mortgagor's principal place of residence. Directs the Secretary to provide that: (1) assistance is allocated among the regions of the country on the basis of each region's inventory of unsold, newly constructed homes; (2) the amount of assistance provided to any mortgagor shall not exceed $6,000; and (3) priority for assistance is given to first-time buyers who could not otherwise afford to buy and who are purchasing modest homes constructed by small homebuilders.

Bill· HRH.R. 5105 (97th)open

A bill to require all nationals of Communist countries to register with the Attorney General before engaging in certain activities involving Members of Congress and congressional employees.

United States · United States Congress · 23 November 1981

Requires nationals of Communist countries to register with the Attorney General before engaging in certain activities involving Members of Congress and congressional employees. Requires the Attorney General to deport persons violating this Act. States that such deportations shall not be subject to judicial review or other related provisions under the Immigration and Nationality Act.

Bill· HRH.R. 5078 (97th)referred

Small Business Investment Incentives Act of 1981

United States · United States Congress · 20 November 1981

Small Business Investment Incentives Act of 1981 - Amends the Small Business Investment Act of 1958 to repeal the $35,000,000 limitation on the amount of debentures issued by a small business investment company eligible for purchase or guarantee by the Small Business Administration. Permits small business investment companies to make loans to their employees for the purchase of company stock. Amends the Internal Revenue Code to allow a non-refundable investment tax credit of 30 percent of the proceeds of a small business participating loan issued by a socially and economically disadvantaged small business and 20 percent of the proceeds of such a loan issued by a non-disadvantaged small business. Limits such credit to $30,000 ($60,000 in the case of a joint return) for such loans issued by a disadvantaged small business and $20,000 ($40,000 in the case of a joint return) for loans issued by a non-disadvantaged small business. Disallows such credit for loans issued by a related party and loans disposed of prematurely. Allows the carryover of any unused portion of such credit to each of the 7 taxable years following the unused credit year. Treats as long-term capital gain amounts actually paid to a taxpayer, with respect to a small business participating loan, which constitute the distribution of a share of the earnings of the issuer. Denies such capital-gain treatment in cases where the taxpayer would not qualify for the tax credit. Treats losses on a small business participating loan as ordinary losses. Allows an interest expense deduction for interest and share-of-earnings payments made on a small business participating loan. Treats as ordinary income the original issue discount interest of a small business participating loan. Defines "small business participating loan" as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears a stated interest rate of not less than 6 percent; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines a "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of all of whose outstanding small business participating loans does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission.

Bill· HRH.R. 5069 (97th)referred

A bill to impose an embargo on trade between Libya and the United States.

United States · United States Congress · 20 November 1981

Expresses the sense of the Congress that the United States should disassociate itself from foreign governments that promote terrorism. Directs the President to support international actions to respond to Libya's policy of supporting international terrorism. Imposes an embargo on all imports from Libya and on all exports, except food and medicine, to Libya. Requires such embargo to end if the President certifies to Congress either that Libya is no longer committing a consistent pattern of terrorist activities or that the embargo threatens U.S. national security.

Bill· HRH.R. 5022 (97th)referred

Small Business Contract Payment Procedures Act

United States · United States Congress · 18 November 1981

Small Business Contract Payment Procedures Act - Amends the Federal Property and Administrative Services Act of 1949 to require that whenever an executive agency makes progress payments under a contract for property or services, the contracting officer authorize payment in full without retention of any percentage of the contract price if: (1) satisfactory progess toward complete performance of the contract was made during any period for which a progress payment is required; and (2) the party performing the contract is a small business which has furnished an adequate performance bond.

Bill· HRH.R. 4996 (97th)open

Coast Guard Transfer Act

United States · United States Congress · 17 November 1981

Coast Guard Transfer Act - Transfers the Coast Guard from the Department of Transportation to the Department of the Navy.

Bill· HRH.R. 4999 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to provide that the individual income tax rate reductions enacted by the Economic Recovery Tax Act of 1981 for 1982 and subsequent years shall take effect 6 months sooner than scheduled under such Act.

United States · United States Congress · 17 November 1981

Amends the Internal Revenue Code to provide that the individual income tax rate reductions enacted by the Economic Recovery Tax Act of 1981 shall be reflected in withholding adjustments six months sooner than scheduled.

Resolution· HRESH.Res. 269 (97th)passed

A resolution calling upon the Union of Soviet Socialist Republics to permit the emigration of Yuli Kosharovsky and his immediate family to Israel.

United States · United States Congress · 12 November 1981

Condemns the treatment of Yuli Kosharovsky and his family by the Soviet Union. Expresses the sense of the House of Representatives that: (1) the President should express U.S. opposition to the refusal of the Soviet Union to permit Kosharovsky and his family to emigrate to Israel; (2) the Soviet Union should comply with international agreements and with its constitution by permitting the Kosharovsky's to emigrate; and (3) the Soviet Union should end its persecution of persons seeking to emigrate and its denial of basic religious, civil, and human rights to Jews.

Resolution· HCONRESH.Con.Res. 219 (97th)open

A concurrent resolution calling upon the Union of Soviet Socialist Republics to end the current policies of Jewish emigration discrimination and anti-Semitism.

United States · United States Congress · 12 November 1981

Expresses the sense of the Congress that policies of Jewish emigration discrimination and anti-Semitism are morally reprehensible. Urges the President to tell the Soviet Union that the United States opposes these policies and wants emigration restrictions on Soviet Jews removed.

Bill· HRH.R. 4931 (97th)referred

Taxpayer Protection Act

United States · United States Congress · 10 November 1981

Taxpayer Protection Act - Amends the Internal Revenue Code to subject the Internal Revenue Service (IRS), in the collection of taxes, to provisions of the Fair Debt Collection Practices Act regarding communication and harassment in connection with debt collection. Prohibits the publication of any deficiency which has not been adjudged to be payable by a competent court. Permits individual taxpayers to bring a civil action in a U.S. district court for damages resulting from collection practices prohibited by this Act. Requires a Federal court order before property of a taxpayer may be levied upon for the collection of tax. Specifies that a showing of fraud or malfeasance or a misrepresentation, for purposes of modifying or reconsidering a closing agreement between an individual taxpayer and the Secretary of the Treasury, shall be taken into account only if such a showing or misrepresentation is determined by a competent court. Prohibits the Secretary from consenting to extend for more than one year the period for assessment of the income tax liability of any individual taxpayer. Requires the Secretary to prepare, for distribution to taxpayers, brief but comprehensive statements which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the IRS may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such statement to accompany any tax forms sent to taxpayers. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual or organization; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Makes binding on the Secretary : (1) a tax return prepared for the taxpayer by an officer or employee of the IRS acting in his official capacity to provide such assistance; and (2) written information or advice given to the taxpayer by such an officer or employee acting in his official capacity. Places the burden of proof, in administrative and judicial proceedings involving the IRS and a taxpayer, upon the IRS. Directs that all property of taxpayers, for purposes of the estate and gift tax, be valued at historical cost (original cost to the taxpayer or the basis of the property if it was not purchased). Prohibits the use in IRS personnel evaluations of amounts collected pursuant to audits or investigations. Precludes the Secretary from exercising any enforcement authority over churches or certain other organizations. Prohibits the audit of any group of taxpayers unless the Secretary has first met certain notice requirements or permitted members of the group to file an amended return. Sets forth conditions which must be met by the IRS before any action is taken to interfere with the property rights of a taxpayer. Requires the IRS, before securing the records of, or personal data concerning, any taxpayer, to: (1) notify the taxpayer in writing of the demand, the material sought, and the need for the material; (2) have commenced an action in a competent court against the taxpayer; and (3) have justified its need before the court consistent with the discovery rules of the Federal Rules of Civil Procedure. States that the IRS shall have no authority, in enforcing the tax obligations of any person, which is in conflict with the rights and privileges granted under the Constitution.

Resolution· HRESH.Res. 265 (97th)open

A resolution relating to the management of United States assets.

United States · United States Congress · 5 November 1981

Declares that it is the sense of the House of Representatives that: (1) the United States must manage its assets in a manner more prudent and beneficial to the interests of the American people; (2) all executive branch agencies should inventory their assets, estimate the approximate value of each asset, and identify the uses to which each asset is put; (3) the President should then identify which assets are surplus to Federal needs and should be candidates for liquidation; (4) the President should submit recommendations to Congress on any legislative and administrative revisions that may be needed to carry out such a program of liquidation in an orderly manner; (5) the receipts of this program should be used only to restrain and ultimately reduce the national debt; and (6) the Comptroller General should investigate and recommend to Congress and each agency improved processes for managing Federal assets, estimating their value, and liquidating those which are unneeded.

Resolution· HRESH.Res. 264 (97th)referred

A resolution requiring reports for foreign travel by Members, officers, and employees of the House of Representatives and prompt publication of such reports in the Congressional Record.

United States · United States Congress · 5 November 1981

Requires any Member, officer, or employee of the House of Representatives who authorizes foreign travel by any other such person to submit an advance report and a postreturn report to the Clerk of the House. Directs that such reports be available for public inspection and published in the Congressional Record.

Bill· HRH.R. 4898 (97th)open

Violent Crime Control Act of 1981

United States · United States Congress · 4 November 1981

Violent Crime Control Act of 1981 - Title I: Mandatory Sentences For Use of Firearms in Felonies - 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. Makes the additional penalties inapplicable to offenses consisting solely of possessing, transporting, or selling a firearm. Increases the additional penalty to two years' imprisonment for a first offense (currently, one to ten years) and to five years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Prohibits the granting of parole to any offender. Prohibits the Government attorney from plea bargaining with respect to this offense. Title II: Assassination-Related Killings - Amends the Federal criminal code to extend the current offense of killing designated Federal employees to include any Federal public servant engaged in the performance of, or on account of, his or her duties. Replaces the current crimes of Presidential and Congressional assassination with new offenses covering the assassination, assault, kidnapping, or conspiracy to kill or kidnap "United States officials." Includes Cabinet heads and Federal judges within such definition, in addition to the President, Vice President, and Members of Congress. Makes it a Federal crime to kill any civilian in the course of an assassination of a U.S. official. Authorizes the Attorney General to offer a reward of up to $100,000 for information and services concerning these offenses. Makes it the duty of any Federal agency to assist the Attorney General in the investigation and prosecution of violations. Title III: Bail Reform - Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person of the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the number of discretionary release conditions. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years' imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice or any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions. Title IV: Insanity Defense Modifications - Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect. Title V: Modification of the Exclusionary Rule - Declares that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief. Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance. Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees. Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the action was constitutional. Title VI: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system. Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines. Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range or the specific reason for imposing a sentence outside of such range. Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Title VII: Habeas Corpus Changes - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners, except upon consent of the parties. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate that the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six circumstances (currently, the State findings are presumed to be correct unless the petitioner establishes the existence of a circumstance). Requires the Federal court to view the State court record in the light most favorable to the prosecution. Title VIII: Corrections Construction and Development - Corrections Construction and Program Development Act of 1981 - Authorizes the Attorney General to make grants to States for up to 75 percent of the cost of projects to: (1) construct, expand, and repair correctional facilities; and (2) improve correctional programs and practices. Authorizes appropriations through fiscal year 1985. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to donate surplus property to States for correctional purposes.

Bill· HRH.R. 4866 (97th)referred

A bill to impose an embargo on trade between Libya and the United States.

United States · United States Congress · 29 October 1981

Expresses the sense of the Congress that the United States should disassociate itself from foreign governments that promote terrorism. Directs the President to support international actions to respond to Libya's policy of supporting international terrorism. Imposes an embargo on all imports from Libya and on all exports, except food and medicine, to Libya. Requires such embargo to end if the President certifies to Congress either that Libya is no longer committing a consistent pattern of terrorist activities or that the embargo threatens U.S. national security.

Bill· HJRESH.J.Res. 350 (97th)failed

A joint resolution proposing an amendment to the Constitution altering Federal budget procedures.

United States · United States Congress · 29 October 1981

Constitutional Amendment - Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject. Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law. Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect. Prohibits the Congress from requiring that the States engage in additional activities without compensation equal to the additional costs. Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States except those for repayment of debt principal.

Bill· HRH.R. 4857 (97th)open

Taxpayers Court Costs and Fees Act of 1981

United States · United States Congress · 28 October 1981

Taxpayer's Court Costs and Fees Act of 1981 - Amends the Internal Revenue Code to permit reasonable court costs, including attorneys' fees, to be awarded to the prevailing party (other than the United States or a creditor of the prevailing party) in a civil action brought by the United States in any court of the United States for the determination, collection, or refund of any tax, interest, or penalty imposed under the Internal Revenue Code. Prohibits such an award where the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. Includes within the definition of "attorney's fees" amounts paid to an individual who is not an attorney but who is authorized to practice before the Tax Court. Defines "prevailing party" as a party who substantially prevails with respect to the amount in controversy or the most significant issue or set of issues.

Resolution· HCONRESH.Con.Res. 210 (97th)open

A concurrent resolution expressing the sense of the Congress that the President of the United States should seek to negotiate an agreement with the government of Japan, whereby that nation would pay an annual "security tax" to the United States government equal to two percent of Japan's annual gross national product, to more equitably compensate the United States for expenditures related to carrying out the provisions of the U.S./Japanese Treaty of Mutual Cooperation and Security, and for the security of the free world.

United States · United States Congress · 28 October 1981

Expresses the sense of the Congress that the President should negotiate an agreement with Japan providing that Japan pay the United States an annual security tax equal to two percent of Japan's gross national product, in order to compensate the United States for expenditures made pursuant to the United States/Japanese Treaty of Mutual Cooperation and security.

Bill· HRH.R. 4835 (97th)referred

Single Audit Act of 1981

United States · United States Congress · 22 October 1981

Single Audit Act of 1981 - Requires the Director of the Office of Management and Budget (OMB): (1) to establish standard procedures to be used by all Federal agencies in the administration, accounting, and auditing of Federal assistance to State and local governments, nonprofit organizations, and Indian tribes; and (2) to prescribe regulations to carry out such procedures, coordinate Federal, State, and local audits of assistance programs, and designate one agency to oversee audits of assistance recipients. Requires each State and local government or nonprofit organization which receives Federal assistance to use independent auditors to conduct a single financial and compliance audit of such government or organization and any subgrantees every two years (every five years if the government or organization receives less than $100,000 in assistance per year). Requires the designated agency to utilize a quality review process, to be established by the Director, to assure the proper performance of such audits. Declares that the Federal Government is responsible for conducting any audits which are not financial and compliance audits, or which are more stringent than audits required by this Act. Requires the Director to prescribe appropriate means for reimbursing independent auditors.

Bill· HRH.R. 4786 (97th)referred

Bankruptcy Improvements Act of 1981

United States · United States Congress · 20 October 1981

Bankruptcy Improvements Act of 1981 - Amends title 11 of the United States Code (Bankruptcy) to establish an eligibility test for liquidation bankruptcy relief based on the individual petitioner's ability to pay a reasonable portion of his debts out of future income. Permits the court to dismiss a bankruptcy case under chapter 7 (liquidation) upon the motion of any party in interest filed not later than 30 days after the meeting of creditors, and after notice and a hearing, if the debtor is ineligible for relief under such title. Requires the bankruptcy judge to preside at any meeting of creditors and to perform such additional judicial duties any may be required. Declares that the value of the creditor's interest in the estate's interest in such property shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor's interest. Declares that the value of consumer goods which the debtor seeks to redeem in liquidation shall be presumed to be the established resale market price, if such market exists. Requires the debtor in bankruptcy cases to file a statement of income and expenses. Requires the debtor, if the debtor's schedule of assets and liabilities includes consumer debts which are secured by property of the estate, to file and serve upon each creditor holding such security and the trustee, a statement expressing the debtor's intention with respect to retention or surrender of the collateral. Requires the debtor, at or before the meeting of creditors provided for by such title, to perform his intention with regard to such secured creditors. Repeals the provisions concerning exempt property and makes the States responsible for establishing exemptions to bankruptcy proceedings. Makes any debt which was incurred on or within 90 days before the date of the filing of a petition under such title nondischargeable. Allows creditors to enforce liens which have not been voided in bankruptcy. Permits reaffirmation of consumer debts subject to the debtor's right to rescind any such agreement within 60 days or until a discharge is received, whichever occurs later, by giving a written notice of rescission to the creditor. Declares that at the meeting of creditors the court shall inform the debtor of the nature and effect of a discharge. Eliminates the trustee's power to avoid liens or recover payments made within 90 days of filing petition in bankruptcy (within one year in the case of an insider) unless the creditor had reasonable cause to believe the debtor was insolvent. Permits the court, upon notice and hearing, to require a creditor to accept payments in redemption of the value of a claim secured by a nonpossessory, nonpurchase money security interest in tangible personal property, over a reasonable period not to exceed five years, if such tangible personal property consists of specified objects. Allows a creditor, upon 10 days notice to the debtor and codebtor, to collect any portion of a debt from the codebtor which is not being paid by the debtor through the adjustment of debts of such debtor with a regular income. Requires payments under an adjustment of debts payment plan to commence at the time of the filing of the plan. Provides for the return of such funds after deducting the costs of administration if no plan is confirmed. Provides for the separate classification of co-debtor claims and non-dischargeable claims and authorizes payment of them under an adjustment of debts payment plan. Allows a debtor to choose such a repayment plan of up to five years. Bases such repayment upon the debtor's ability to repay out of future income after taking into account the basic living necessities for the debtor and dependents. Provides for an early discharge of debts where at least 70 percent of all allowed unsecured claims are paid. Permits a hardship discharge of otherwise non-dischargeable debts to the extent the debtor attempted to pay such debts under an adjustment of debts payment plan.

Resolution· HCONRESH.Con.Res. 205 (97th)passed

A concurrent resolution expressing the sense of the Congress with respect to violations of human rights by the Soviet Union in the Ukraine.

United States · United States Congress · 20 October 1981

Expresses the sense of the Congress that the President should: (1) proclaim the fifth anniversary of the establishment of the Ukrainian Public Group to Promote the Implementation of the Helsinki Accords as a day honoring that Group; and (2) ask the Soviet Union to release the jailed members of the Group and to cease persecuting and jailing Ukrainian citizens seeking their rights.

Bill· HRH.R. 4775 (97th)referred

Social Security Rights Act

United States · United States Congress · 19 October 1981

Social Security Rights Act - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require the Secretary of Health and Human Services to replace lost, stolen, or undelivered benefit checks within ten days after an individual submits a written request for a replacement check or give a written explanation of why the individual is not entitled to a replacement check. Requires that decisions on benefit claims or entitlement be made within specified time periods. Provides for payment to an individual of an amount equal to the monthly benefit claimed by such individual if any decision with respect to such individual's benefit claim or entitlement is not made within the time specified by this Act. Requires that payment of benefits on approved claims begin within a specified time period. Provides for payment to an individual of an amount equal to the monthly benefit approved if such individual does not receive a benefit check within the specified time period.

Bill· HRH.R. 4776 (97th)referred

A bill to require the Inspector General in the Department of Health and Human Services to conduct an annual audit matching the names of Medicare patients who have died with the Social Security Administration's list of OASDI beneficiaries, in order to assure that any social security benefits payable to such beneficiaries were properly terminated upon their death.

United States · United States Congress · 19 October 1981

Requires the Inspector General of the Department of Health and Human Services to identify Medicare patients and other individuals entitled to benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act who have died in order to eliminate improper OASDI benefit payments to deceased individuals. Directs the Inspector General to report to Congress annually on the progress being made pursuant to this Act.

Bill· HRH.R. 4751 (97th)referred

A bill to amend title II of the Social Security Act to suspend the payment of benefits thereunder to inmates of penal institutions.

United States · United States Congress · 15 October 1981

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to an incarcerated felon during any month of confinement. Treats the benefits withheld as having been paid to the felon for purposes of the payment of benefits to other persons so entitled on the basis of the wages and self-employment income of the felon.

Bill· HRH.R. 4733 (97th)referred

A bill to amend title II of the Social Security Act to terminate the payment of benefits thereunder to inmates of penal institutions.

United States · United States Congress · 13 October 1981

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of title II benefits to an incarcerated felon during any month of confinement. Treats the benefits withheld as having been paid to the felon for purposes of the payment of benefits to other persons so entitled on the basis of the wages and self-employment income of the felon.

Bill· HRH.R. 4709 (97th)passed

Prompt Payment Act

United States · United States Congress · 7 October 1981

Prompt Payment Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Requires the Office of Management and Budget (OMB) to prescribe required payment dates. Specifies the procedures for computing such interest. Requires an agency to pay any interest charges out of funds made available for administration of its programs. Authorizes Federal grant recipients to provide for the payment of interest on overdue payments on their procurement contracts. Directs each agency to report to OMB annually on interest payments made during the fiscal year. Requires OMB to report to specified congressional committees on agency compliance with this Act. Requires the Director of OMB to delegate responsibility for OMB functions under this Act to the Office of Federal Procurement Policy.