Skip to content
PoliticalRepoPoliticalRepo

Person

Official portrait of Rep. Hansen, James V. [R-UT-1]

Rep. Hansen, James V. [R-UT-1]

United States · Official source

Records

2,640 records where Rep. Hansen, James V. [R-UT-1] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 6513 (97th)referred

A bill to amend title 28, United States Code, regarding venue, and for other purposes.

United States · United States Congress · 27 May 1982

Amends Federal judicial procedure provisions relating to venue to provide that: (1) if proceedings have been instituted in two or more courts of appeals with respect to the same agency action and the first such proceeding was instituted more than five days before the second, the record shall be filed in that court in which the proceeding was first instituted; and (2) if the first such proceeding was not instituted more than five days before the institution of a later proceeding with respect to the same agency action and the agency has received written notice from the parties instituting each of these proceedings, the agency shall advise the Administrative Office of the United States Courts, with respect to the first proceeding and all proceedings instituted within five days after the first proceeding, that such multiple proceedings have been instituted and shall identify each court for which it has notice that such proceedings are pending. Directs the Administrative Office, pursuant to a system of random selection, to select the court in which the record shall be filed from those identified by the agency, in the situation where the first proceeding was not instituted more than five days before the institution of a later proceeding. Requires all proceedings to be transferred to the court of appeals in which the record has been filed. Authorizes any court in which a proceeding with respect to any agency action is pending, including a court selected pursuant to a system of random selection, to transfer such proceeding to any other court of appeals in which the action under review would have a substantially greater impact, unless the interests of justice require the court to: (1) retain such proceedings; or (2) transfer the proceedings to a circuit other than one in which the impact would be substantially greater. Directs the Director of the Administrative Office of the United States Courts to administer the system of random selection. Prohibits a civil action in which the defendant is a Federal officer or employee, a Federal agency, or the United States from being brought in a judicial district in which a defendant resides or the plaintiff resides if no real property is involved, unless the action that is the subject of the lawsuit would substantially affect the residents of that judicial district. Requires that, in any action of a local environmental nature brought against the United States in the U.S. District Court for the District of Columbia, the plaintiff must forward a copy of the complaint to the attorney general of each affected State (but not more than five States). Requires a district court, in any civil action in which a defendant is a Federal officer or employee, a Federal agency, or the United States, upon motion of any party, to transfer an action to a district where the action might have been brought and in which the action would have substantially greater impact, unless the interests of justice require the court to: (1) retain the action; or (2) transfer the action to a district other than one in which the impact would be substantially greater.

Bill· HRH.R. 6492 (97th)referred

Handicapped Infants Protection Act of 1982

United States · United States Congress · 26 May 1982

Handicapped Infants Protection Act of 1982 - Amends the Child Abuse Prevention and Treatment Act to require the National Center on Child Abuse and Neglect to conduct a study of child abuse or neglect in federally assisted or operated health care facilities. Directs the Secretary of Health and Human Services to: (1) report the results of this study to the Congress within three months; and (2) give priority to information about adoption and foster care of handicapped infants. Prohibits doctors or other health care facility personnel from withholding nutrition or medical treatment from a handicapped infant. Provides a private right of action for violations of this Act. States that any punitive damage awards shall be used for the benefit of the infant involved in the suit, or if deceased, for research and treatment of handicapped infants. Directs the Center to establish and disseminate violations reporting procedures. Provides civil and criminal immunity and job protection for persons reporting such violations. Requires health care facilities to provide parents or guardians of handicapped infants with information about agency assistance for these infants.

Bill· HRH.R. 6429 (97th)referred

Small Business Regulatory Relief Tax Act of 1982

United States · United States Congress · 19 May 1982

Small Business Regulatory Relief Tax Act of 1982 - Delays until July 1, 1984, the effective date of Treasury regulations determining whether an interest in a corporation is to be treated as stock or indebtedness. Directs the Comptroller General to study and report to Congress on the impact of such regulations on small business.

Resolution· HCONRESH.Con.Res. 342 (97th)referred

A concurrent resolution expressing the sense of Congress with respect to ongoing investigations of foreign trade practices involving steel mill products.

United States · United States Congress · 12 May 1982

Expresses the sense of the Congress that: (1) the President should direct the appropriate agencies to pursue vigorously and conclude promptly the countervailing duty and antidumping investigations being conducted under the Tariff Act of 1930 and the Trade Act of 1974 concerning foreign trade practices involving carbon steel mill products and specialty steel mill products; and (2) the Congress should consider legislation to strengthen U.S. trade laws if necessary.

Bill· HRH.R. 6054 (97th)open

American Eagle Gold Coin Act of 1982

United States · United States Congress · 1 April 1982

American Eagle Gold Coin Act of 1982 - Directs the Secretary of the Treasury to mint gold coins to be referred to as "American Eagles". Sets forth the specifications for four types of such gold coins. Declares that coins minted under this Act shall not be legal tender for public debts, public charges, taxes, duties or dues, but may be used for the payment of private debts. Sets forth the dates by which the Secretary shall begin delivery of such coins. Sets forth the formula by which the Secretary shall determine the daily price of such coins. Grants the Secretary the power to adjust the seigniorage charge on the sale of all such coins to finance the expenses of minting, delivering, and distributing them. Permits the exchange of gold bullion for such American Eagle coins. Permits the Secretary to prescribe necessary regulations. Declares that any gain or loss derived from the sale, exchange, or other disposition of any coin authorized by this Act shall not be recognized as a capital gain or loss under any Federal, State, or local income tax. Exempts the purchase or sale of any such coin from any Federal, State, or local sales, personal property, or excise tax.

Resolution· HCONRESH.Con.Res. 297 (97th)open

A concurrent resolution to express the sense of the Congress that the United States and the Soviet Union should engage in substantial, equitable, and verifiable reductions of their nuclear weapons in a manner which would contribute to peace and stability.

United States · United States Congress · 29 March 1982

Declares that the United States should propose to the Soviet Union: (1) a long-term, mutual, and verifiable nuclear forces freeze at equal and sharply reduced levels of forces; and (2) practical measures to reduce the danger of an accidental nuclear war and to prevent the use of nuclear weapons by third parties. States that the United States and the Soviet Union should channel their resources away from nuclear armaments and towards fighting poverty, hunger, and disease. Declares that the United States should continue to work for balanced arms reductions.

Bill· HRH.R. 5920 (97th)referred

A bill to amend title II of the Social Security Act to provide generally that benefits thereunder may be paid to aliens only after they have been lawfully admitted to the United States for permanent residence, and to impose further restrictions on the right of any alien in a foreign country to receive such benefits.

United States · United States Congress · 22 March 1982

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U. S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U. S. citizen or national; (2) a permanent resident of the United States; or (3) a U. S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.

Bill· HRH.R. 5892 (97th)open

Capitol Reef Grazing Relief Act of 1982

United States · United States Congress · 18 March 1982

Capitol Reef Grazing Relief Act of 1982 - Amends the Capitol Reef National Park Act to permit an individual who held grazing privileges on Federal lands within the Capitol Reef National Park in Utah on December 18, 1971, or any member of such individual's immediate family who was living on such date to exercise such grazing privileges for his or her lifetime. (Currently, such grazing privileges may be exercised for the period of the lease, permit, or license issued by the U.S. Government and one period of renewal thereafter.)

Bill· HRH.R. 5895 (97th)open

A bill to amend the Mineral Lands Leasing Act of 1920 and for other purposes.

United States · United States Congress · 18 March 1982

Amends the Mineral Lands Leasing Act to repeal provisions: (1) prohibiting the issuance of a lease to any entity which has held a coal lease for at least ten years and is not producing coal in commercial quantities under such lease; and (2) requiring diligent development of a logical mining unit such that the coal reserves of the entire unit must be mined within a period not to exceed 40 years. Provides that the Secretary of the Interior will not require the payment of advance royalties for failure to meet the production requirement unless the Secretary determines that the public interest will not be served thereby. (Current law authorizes the Secretary to suspend such requirement if the Secretary determines that it will serve the public interest.) Directs the Secretary of the Interior to exempt coking coal from the requirements of diligent development and continued operation. States that such exemption shall be applicable upon a showing that coking coal deposits are dedicated to the support of steelmaking facilities.

Bill· HRH.R. 5908 (97th)referred

A bill for the relief of Braun Green.

United States · United States Congress · 18 March 1982

Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.

Resolution· HRESH.Res. 402 (97th)referred

A resolution expressing the sense of the House of Representatives that neither House of the Congress should recess or adjourn for a period of more than three days at a time until such time as the Congress completes action on the first concurrent resolution on the budget.

United States · United States Congress · 18 March 1982

Expresses the sense of the House of Representatives that neither House of Congress should recess or adjourn for a period of more than three days at a time until congressional action is completed on the first concurrent budget resolution for FY 1983.

Bill· HRH.R. 5766 (97th)referred

A bill to amend the Federal Water Pollution Control Act to restrict the jurisdiction of the United States over the discharge of dredged or fill material to those discharges which are into navigable waters, and for other purposes.

United States · United States Congress · 9 March 1982

Amends the Federal Water Pollution Control Act to direct (currently authorizes) the Secretary of the Army, acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill material into navigable waters at a disposal site specified by the applicant (currently specified by the Secretary), unless the Secretary determines that such site cannot be specified through the application of certain guidelines or other considerations. Limits the definition of "navigable waters" for purposes of such permits to mean all waters which are presently used or are susceptible to use in their natural condition as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all U.S. waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark. Declares that the discharge of dredged or fill material in waters other than navigable waters (as limited by such definition) is not prohibited by or otherwise subject to regulation under any Act of Congress. Declares that these amendments shall be effective as of March 27, 1975. Revises procedures for application of the provisions of this Act by a State requesting Federal jurisdiction over nonnavigable waters. Repeals provisions relating to State permit programs for the discharge of dredged or fill material into other types of navigable waters. Eliminates the qualifying phrase "to the maximum extent practicable" from the requirement that specified agreements between Federal agencies assure that decisions on permit applications be made within 90 days of published notice.

Bill· HRH.R. 5603 (97th)open

Wilderness Protection Act of 1982

United States · United States Congress · 24 February 1982

Wilderness Protection Act of 1982 - Withdraws the following lands from appropriation under the mining laws, disposition under oil and gas, mineral, and geothermal leasing laws, and energy and mineral exploration and development activities: (1) lands designated as components of the National Wilderness Preservation System; (2) congressionally designated wilderness study areas; (3) lands recommended for wilderness designation by the Forest Service in the second roadless area review and evaluation (RARE II) program; and (4) lands identified as wilderness study areas by the Bureau of Land Management. Authorizes the President to submit to specified congressional committees an order opening the lands withdrawn by this Act if there is a national need for mineral resources. Makes such an order effective 60 days after its submission. Permits activities compatible with the preservation of the wilderness environment for the purpose of inventorying energy, mineral, and other resource values in areas withdrawn by this Act. Authorizes the Secretary of the Interior to prevent the disclosure of confidential, privileged, or proprietary information obtained under this Act. Exempts from withdrawal pursuant to this Act: (1) national forest system or Bureau of Land Management lands released from wilderness study to management for nonwilderness uses; (2) specified national forest system lands designated as congressional wilderness study areas; and (3) lands designated as conservation units under the Alaska National Interests Lands Conservation Act, where such Act is inconsistent with this Act. Permits drilling, exploration, development, and resource extraction activities which do not require occupancy of the surface to be conducted on lands withdrawn pursuant to this Act or the Wilderness Act. Subjects provisions of this Act to valid existing rights (including mining claims, leases, and permits) established before the date of this Act. Amends the Federal Land Policy and Management Act to require the Secretary of the Interior to manage lands recommended for wilderness designation so as not to impair their suitability for preservation as wilderness until Congress designates such lands as wilderness or the President recommends that such areas be released from wilderness study status. Provides for lands recommended for wilderness but not designated as wilderness within two years to be released for management by the Secretary for nonwilderness uses. Prohibits judicial and administrative review of the RARE II final environmental statement dated January 4, 1979. Provides for the following lands to be released for management for nonwilderness uses: (1) national forest system lands reviewed under the RARE II program but not recommended for wilderness or identified for further planning; (2) national forest system lands recommended for wilderness in the RARE II statement but not designated as wilderness by Congress by January 1, 1985; and (3) national forest system lands in the RARE II further planning classification not recommended for wilderness by September 30, 1985, or recommended for wilderness but not designated as wilderness by Congress by January 1, 1988. Prohibits the Secretary of Agriculture from conducting any further statewide, regional, or national roadless area review and evaluation of national forest system lands to determine their suitability as wilderness without express congressional authorization. States that the designation of any wilderness area shall not lead to the creation of buffer zones around such area. Requires the Secretaries of Agriculture and the Interior to report jointly to the President every five years on the energy and mineral potential of areas withdrawn under this Act. Directs the President to report to Congress on such matters.

Resolution· HCONRESH.Con.Res. 275 (97th)referred

A concurrent resolution expressing the sense of the Congress with respect to Americans who are missing in action in Southeast Asia.

United States · United States Congress · 24 February 1982

Expresses the sense of the Congress that the problem of Americans missing because of the Vietnam war should be resolved as soon as possible. Urges the President to: (1) take actions to ensure the release of all Americans who remain captive; and (2) obtain from Vietnam, Laos, and Kampuchea a complete accounting of all the Americans who are missing, including a returning of the remains of the dead.

Bill· HRH.R. 5539 (97th)open

A bill to amend and supplement the Federal reclamation laws, and for other purposes.

United States · United States Congress · 10 February 1982

Title I: Applies the provisions of this title to irrigation districts which contract with the Secretary of the Interior after enactment, and to districts which amend existing contracts with the Secretary to conform with such provisions. Prohibits the Secretary from delivering project water under a contract for the irrigation of privately owned lands in excess of 960 acres of class I land. Permits contract delivery of such water to leased lands in excess of 960 acres, but only for full price. Sets forth circumstances under which corporations with more than 18 individual shareholders shall be eligible for project water delivery. Requires landowners and lessees receiving project water to certify to the Secretary that they are in compliance with provisions of this Act. Requires the Secretary, upon the request of any district for the application of acreage limitations, to determine the equivalency of irrigable lands within the district. Conditions the delivery of project water to lands in excess of ownership limitations upon the owners' agreement with the Secretary to dispose of excess lands. Requires the price of project water delivery to be sufficient to cover operation and maintenance costs. Title II: States that residency on or near lands receiving project water is not required. Exempts landholdings receiving benefits from certain water resource projects constructed by the Army Corps of Engineers from the acreage limitations and other provisions of Federal reclamation laws. Lists the types of ownership and lands for which acreage limitations shall not apply. States that an individual religious or religious charitable organization which owns, operates, or leases lands within a district shall be treated as a person under this Act. Provides that project water temporarily made available from reclamation facilities in excess of ordinary quantities may be used for water quality, irrigation, municipal, or industrial purposes only to the extent covered by a contract for the use of such project water. Authorizes any party to a contract to sue the United States to adjudicate, confirm, validate or decree the contractual rights regarding any contract executed pursuant to Federal reclamation laws. Provides for the extension of time under recordable contracts to dispose of excess lands when the Secretary withholds the processing or approval of such disposition. Limits to ten years any restriction prohibiting the delivery of project water for the production of excess basic agricultural commodities in reclamation project service areas. Amends the Small Reclamation Projects Act to restrict certain water contract requirements to privately owned land in excess of 960 irrigable acres (currently applies requirements to any such land of more than 160 irrigable acres). Sets forth penalties for violations of Federal reclamation laws. Makes permanent the provision of project water to lessees of State-owned irrigable land (currently, permits such provision only until 1995). Authorizes appropriations. Amends the Reclamation Project Act of 1939 to direct the Secretary to provide public notice and invite comments by interested persons before entering into or amending repayment contracts for the delivery of project water for irrigation purposes.

Resolution· HRESH.Res. 362 (97th)referred

A resolution limiting the amount provided in expense resolutions for committees of the House of Representatives for the second session of the Ninety-seventh Congress to the amount actually spent under such resolutions for the first session of the Ninety-seventh Congress.

United States · United States Congress · 10 February 1982

Limits amounts provided in House Committee expense resolutions for the second session of the Ninety-seventh Congress to the total amounts expended under such resolutions for the first session.

Bill· HRH.R. 5448 (97th)referred

A bill to establish procedures for imposition of the death penalty for presidential assassination, and for other purposes.

United States · United States Congress · 3 February 1982

Amends the Federal criminal code to establish procedures for the imposition of the death penalty for Presidential assassination. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Conditions imposition of the death penalty on a unanimous finding by the jury (or finding by the court) that: (1) some aggravating factor exists; and (2) the aggravating factors sufficiently outweigh any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Establishes procedures for appeal from the death sentence.

Resolution· HCONRESH.Con.Res. 263 (97th)referred

A concurrent resolution expressing the sense of the Congress that the President should take any actions necessary to make individuals who are required to register under the Military Selective Service Act and who do not register ineligible to receive Federal financial assistance or benefits, to participate in any programs or activities receiving Federal financial assistance, and to be employed by the Federal Government or any organization receiving Federal financial assistance.

United States · United States Congress · 2 February 1982

Expresses the sense of Congress that the President should deny Federal employment and benefits, including employment with Federal grantees and borrowers, to persons who are required to but do not register under the Military Selective Service Act.

Bill· HRH.R. 5393 (97th)referred

A bill to authorize the President of the United States to present, on behalf of the Congress, a gold medal to Lenny Skutnik, and to authorize the Secretary of the Treasury to strike duplicates of such medal for public sale.

United States · United States Congress · 28 January 1982

Requests the President to present, on behalf of Congress, a gold medal to Lenny Skutnik, in recognition of his heroic rescue of one of the victims of the airline crash into the Potomac River on January 13, 1982. Authorizes appropriations. Authorizes the Secretary of the Treasury to cause bronze duplicates of such medal to be coined for sale to the general public.

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.

Bill· HRH.R. 5260 (97th)open

A bill to amend the Mineral Leasing Act of 1920 to provide for the disposition of certain revenues.

United States · United States Congress · 16 December 1981

Amends the Mineral Leasing Act of 1920 to provide that beginning with fiscal year 1983, the balance of money received from sales and rentals of public land shall be credited to a Payment in Lieu of Taxes Trust Fund which shall be established in the U.S. Treasury. States that such money shall be available, subject to appropriation, only for purposes of making payments to local governments for entitlement lands.

Bill· HRH.R. 5168 (97th)referred

A bill to amend title II of the Social Security Act to provide generally that benefits thereunder may be paid to aliens only after they have been lawfully admitted to the United States for permanent residence, and to impose further restrictions on the right of any alien in a foreign country to receive such benefits.

United States · United States Congress · 10 December 1981

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit entitlement to title II benefits in the case of an individual who is not a U. S. citizen or national if such individual: (1) is not a permanent resident of the United States; or (2) is outside the United States. Prohibits the payment of title II benefits to any dependent or survivor of such an individual on the basis of such individual's wages and self-employment income. Makes such prohibition inapplicable if the benefit involved is payable to such an individual as the dependent or survivor of: (1) a U. S. citizen or national; (2) a permanent resident of the United States; or (3) a U. S. citizen or national residing outside the United States if the relationship required for such individual's entitlement already existed at the time such national or citizen reached age 50. Authorizes the payment of title II benefits to an individual who is not entitled to benefits pursuant to this Act until the total amount of such benefits equals the total amount of any taxes paid on the wages and self-employment income on which the benefits are based.

Law· HRH.R. 5121 (97th)enacted

Federal Oil and Gas Royalty Management Act of 1982

United States · United States Congress · 7 December 1981

Title I: Federal Royalties Collection - Federal Royalties and Rents Collection Act of 1981 - Directs the Secretary of the Interior to: establish a comprehensive system for accounts applicable to: (1) all mineral interests under the Secretary's jurisdiction; and (2) all revenues collected in connection with the sale or lease of such mineral interests. Requires the Secretary, upon promulgation of such system, to submit to Congress: (1) a report concerning such system; and (2) a report concerning the outstanding accounts due the United States from the sale or lease of U.S. mineral interests. Provides for an annual independent audit of Department of Interior accounts relating to the sale or lease of minerals. Makes individuals handling money in connection with a mineral sale or lease liable for negligent losses and requires such individuals to be bonded. Title II: State Collection of Federal Royalties - Amends the Mineral Leasing Act of 1920 to direct the Secretary to collect all money due in connection with public land sales, rentals, interest, and penalties unless there is a State management program for the management of Federal leases. Requires 50 percent of all money collected to be paid to the State within which the leased lands or deposits are or were located, except that the rate shall be 90 percent for Alaska. Requires the Secretary, upon a State's request, to relinquish the administration of all contracts and leases issued by the Secretary within that State to the State, subject to stated requirements. Title III: Miscellaneous Amendments to the Mineral Lands Leasing Act of 1920 - Authorizes the Secretary to promulgate regulations applicable to lessees of oil or gas leases requiring certain: (1) recordkeeping practices; (2) accountability to the Secretary; and (3) reports to the Secretary. Sets forth provisions relating to enforcement of this Act. Title IV: Indian Access to Certain Records - Directs the Secretary of the Interior to: promulgate regulations to make certain records available for mining purposes to lessees of Indian lands.

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. 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.

Bill· HRH.R. 4957 (97th)open

Comprehensive Smoking Prevention Education Act of 1981

United States · United States Congress · 12 November 1981

Comprehensive Smoking Prevention Education Act of 1981 - Amends title XVII (Health Information and Health Promotion) of the Public Health Service Act to establish in the Department of Health and Human Services an Office of Smoking and Health to inform the public of the health hazards of cigarettes. Sets forth the Office's authority and duties, including conducting research and assisting educational programs directly or through grants. Establishes an Interagency Committee on Smoking and Health to be composed of representatives from the Departments of Labor and Education, the Federal Trade Commission, and any other Federal agency designated by the Secretary of Health and Human Services. Directs such Committee to meet at least four times a year and names the Director of the Office of Smoking and Health as it chairman. Directs the Secretary of Health and Human Services to report annually to the Congress. Amends the Federal Cigarette Labeling and Advertising Act to make it unlawful to advertise or export (repeals the existing export exemption) cigarettes without the required labeling. Changes labeling requirements. Directs the Federal Trade Commission (FTC) to establish cigarette labeling regulations as set forth by this Act. Eliminates certain congressional notification and reporting requirements. Increases the fine for violation of such Act from $10,000 to $100,000. Permits an individual civil action to be brought in U.S. district courts for violations of such Act. Requires such plaintiff to give 60-day notice to the FTC and the defendant. Permits intervention and consolidation. Allows the court to award attorneys fees and other costs.

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.

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.

Law· HJRESH.J.Res. 348 (97th)enacted

A joint resolution to provide for the awarding of a special gold medal to Her Majesty Queen Beatrix in recognition of the 1982 Bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States.

United States · United States Congress · 26 October 1981

Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to Queen Beatrix of the Netherlands in recognition of the bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.

Bill· HRH.R. 4833 (97th)open

A bill to amend the Internal Revenue Code of 1954 to permit banks, savings and loan institutions, and similar financial institutions to issue tax-exempt certificates for housing purposes.

United States · United States Congress · 22 October 1981

Amends the Internal Revenue Code to allow an income tax exclusion for interest earned on national home ownership bonds. Defines "national home ownership bonds" as certificates of deposits issued before 1985 which are used to provide owner-financing of single family residences. Requires that such bonds have a maturity rate of five years and an investment yield not exceeding ten percent and be issued in denominations of at least $1,000. Prescribes percentage tables for determining the interest rate on such financing.

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.