United States · United States Congress · 24 February 1982
Increases the monthly rate of dependency and indemnity compensation payable to the surviving spouse of a veteran who died from a service-connected or compensable disability by the amount such spouse would have received under the Social Security Act were she caring for a child under 16 (when such child is actually between 16 and 18 years of age). Directs the Administrator to make monthly payments equivalent to the child's insurance benefit under the Social Security Act before the Omnibus Budget Reconciliation Act of 1981 to children of such deceased veterans between the ages of 18 and 22 attending institutions of higher learning.
United States · United States Congress · 23 February 1982
Technology Education Act of 1982 - Amends the Internal Revenue Code to increase for one year the maximum allowable charitable contribution income tax deduction for corporations which donate computers during 1983 to primary and secondary schools. Increases the income tax deduction from 10 to 30 percent of a corporation's taxable income.
United States · United States Congress · 3 February 1982
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of Congress, a gold medal to Admiral Hyman George Rickover in recognition of his distinguished service and for his contributions to the development of safe nuclear energy and to the defense of the United States. Directs the Secretary of the Treasury to provide for a gold medal with suitable emblems, devices, and inscriptions. Authorizes appropriations to carry out such provision. Authorizes the Secretary to make available bronze duplicates of such medal for sale under regulations he prescribes and in accordance with provisions of this Act.
United States · United States Congress · 2 February 1982
Extends congratulations from the Congress to the Italian Government and its antiterrorist police forces for the successful rescue of Brigadier General James L. Dozier. Extends to General Dozier and his family best wishes for a quick recovery and return to normal life.
United States · United States Congress · 25 January 1982
Amends the Internal Revenue Code to repeal the provision allowing an income tax deduction without substantiation for living expenses of Members of Congress.
United States · United States Congress · 16 December 1981
National Engineering and Science Manpower Act of 1982 - Authorizes each Federal agency and department to establish programs for training technical and engineering personnel and to cooperate with State and local governments on such programs. Creates a special Coordinating Council on Engineering and Scientific Manpower within the National Science Foundation to coordinate Federal efforts in science and engineering education. Establishes for five years a special Engineering and Science Manpower Fund administered by the chairman of the Council to develop manpower resources. Directs the Council to report to Congress biennially on the expenditures of the Fund. Authorizes appropriations for fiscal year 1983.
United States · United States Congress · 8 December 1981
Milwaukee Railroad and Rock Island Railroad Amendments Act of 1981 - Amends the Milwaukee Railroad Restructuring Act to revise procedures by which the Interstate Commerce Commission (ICC) oversees the purchase of bankrupt rail lines by financially responsible persons. Defines a "financially responsible person" as one who is capable of paying the purchase price of a railroad line and the expenses of providing service over the line for at least two years. Amends the Rock Island Railroad Transition and Employee Assistance Act to declare that the ICC's authority to grant temporary operating approval for the use of Rock Island or Milwaukee Railroad facilities shall continue until a plan of reorganization or liquidation is approved by the ICC and the bankruptcy court.
United States · United States Congress · 20 November 1981
Requests the President to designate February 22, 1982, as a day of national celebration in honor of the two hundred and fiftieth anniversary of the birth of George Washington.
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.
United States · United States Congress · 29 October 1981
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to the widow of Roy Wilkins. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.
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.
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.
United States · United States Congress · 7 October 1981
Expresses the sense of the House of Representatives that the provisions of the Internal Revenue Code which provide incentives for energy conservation and development of renewable energy sources should not be repealed or amended to reduce such incentives.
United States · United States Congress · 1 October 1981
Authorizes the classification of a certain individual as a natural-born alien daughter of citizens of the United States for purposes of the Immigration and Nationality Act.
United States · United States Congress · 1 October 1981
Expresses the sense of Congress that the President should fill the 1982 vacancy on the Federal Reserve System's Board of Governors with a person having small business or farming experience.
United States · United States Congress · 30 September 1981
Authorizes the President to present, on behalf of the Congress, a gold medal to Fred Waring, Louis L'Amour, and the widow of Joe Louis. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of each medal. Authorizes appropriations.
United States · United States Congress · 23 September 1981
Rural Enterprise Zone Development Act of 1981 - Title I: Declares the purpose of this Act to be to provide financial and technical assistance and tax incentives to help restore distressed rural areas. Amends the Agricultural Act of 1961 to define "rural enterprise zone" (zone) as an area under at least one local government's jurisdiction with a population density of less than 200 people per square mile and a total population of between 5,000 and 50,000 people. Requires a local entity to submit a zone plan to the Secretary of Agriculture for approval. Authorizes the Secretary to make: (1) development facility grants; (2) vocational education and agricultural extension service center loans; and (3) industrial and commercial activity loans and loan guarantees. Limits the number of annual zone designations. Authorizes appropriations for fiscal years 1983-1984. Authorizes the Secretary of Commerce to make technical assistance grants and provide related aid to rural enterprise zones. Authorizes appropriations for fiscal years 1983-1984. Title II: Tax Incentives for Small Businesses Located in Rural Enterprise Zones - Small Rural Business Program Tax Act of 1981 - Subtitle A: Designation of Eligible Areas and Businesses - Amends the Internal Revenue Code to add a new subchapter which sets forth criteria for the designation of rural enterprise zones and defines qualified small rural businesses for purposes of providing tax incentives for such businesses. Empowers the Secretary of Agriculture to approve the designation of an area as a rural enterprise zone if a local government submits to the Secretary a plan which meets specified requirements for the establishment of such zones. Limits the number of zones which the Secretary may designate in any calendar year. Sets forth criteria relating to population, poverty, unemployment, and per capital income growth which the Secretary must consider in approving the designation of a rural enterprise zone. Defines a "qualified small rural business" (small rural business) as an actively conducted trade or business which employs individuals who perform a specified number of hours of service for the business in a rural enterprise zone. Disqualifies any business which has had gross receipts in excess of $2,000,000 for any of the three preceding taxable years. Subtitle B: Tax Incentives for Qualified Small Rural Businesses - Amends the Internal Revenue Code to reduce the capital gains tax rates of small rural businesses and investors in rural enterprise zones. Exempts the capital gains of small rural businesses from the minimum tax. Excludes from gross income 50 percent of the total of small rural business income for a taxable year and interest on loans made to such businesses to finance business activity in a rural enterprise zone. Allows small rural businesses a five percent tax credit for interest paid on loans used to finance business activity in a rural enterprise zone. Allows a targeted jobs income tax credit for the hiring of employees for a small rural business. Allows a small rural businesses and their employees a refundable income tax credit for training designed to improve the technical and managerial skills of such employees. Allows a small rural business to elect to use the cash method of accounting. Authorizes accelerated depreciation for small rural business property. Increases by ten percent the investment tax credit for the rehabilitation expenditures of a small rural business.
United States · United States Congress · 22 September 1981
Repeals titles XV (National Health Planning and Development) and XVI (Health Resources Development) of the Public Health Services Act, effective September 30, 1982. Establishes a 20-year right of recovery for the United States against a facility built or modernized with title XVI funds.
United States · United States Congress · 15 September 1981
Department of Energy Organization Act Amendments of 1981 - Amends the Department of Energy Organization Act to transfer from the Secretary of Energy to the Federal Energy Regulatory Commission (FERC) functions relating to the transportation of oil by pipelines, except that FERC's authority to determine rates for the transportation of oil by pipeline shall be limited to determining rates for the trans-Alaska pipeline.
United States · United States Congress · 11 September 1981
Disapproves the final rule promulgated by the Federal Trade Commission dealing with the matter of the trade regulation rule relating to the sale of used motor vehicles.
United States · United States Congress · 10 September 1981
United States Olympic Development Fund Checkoff Act of 1981 - Permits taxpayers to designate on their income tax returns an election to contribute one dollar of their income tax refunds or one dollar forwarded with returns to support the fund established by this Act. Establishes in the Treasury of the United States a United States Olympic Development Fund. Appropriates to the Fund an amount equivalent to the amount designated on tax returns to be available to the Fund. Directs the Secretary of the Treasury to pay amounts so transferred to the U.S. Olympic Committee for use in a program of expansion and improvement of amateur athletics. Sets forth reporting requirements with respect to the expenditure of such funds by the Committee.
United States · United States Congress · 4 August 1981
Amends titles II (Old Age, Survivors and Disability Insurance) and XVIII (Medicare) of the Social Security Act to provide for the appointment to the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund of one representative of employers, one representative of employees, one representative of beneficiaries, and one individual highly qualified in the management of investment funds. Requires the Board to make investments securing the maximum possible interest yield with the portion of the Trust Funds not required to meet current withdrawals. Fixes the interest rates for public-debt obligations issued for purchase by the Trust Funds at the average market yield on all marketable interest bearing U.S. obligations forming part of the public debt, all marketable interest bearing obligations which are not U.S. obligations but which are guaranteed by the United States, and all marketable federally sponsored agency interest bearing obligations which are lawful investments for fiduciary and trust funds under Federal control. Authorizes the Managing Trustee to use the equipment and experts necessary to assure the maximum possible interest yield on Trust Fund investments.
United States · United States Congress · 28 July 1981
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 27 July 1981
Critical Materials Act of 1981 - Establishes a Council on Critical Materials in the Executive Office of the President to: (1) advise the President on national policy concerning critical materials; (2) coordinate Federal policies and activities concerning such materials; (3) evaluate Government activities according to the policy and directions provided under the National Materials and Minerals Policy, Research and Development Act of 1980; and (4) oversee and coordinate materials research and development programs of Federal entities. Sets forth duties of the Council's executive director, which include: (1) cataloging materials research and development activities of public and private institutions; (2) evaluating the critical materials needs of basic industry and the Government; (3) initiating studies to resolve national critical materials problems; (4) issuing a biennial report providing a domestic inventory of critical resources with projections on the needs for such resources; and (5) recommending necessary changes in policies, regulations, and legislation to Congress. Authorizes appropriations.
United States · United States Congress · 9 July 1981
Expresses the sense of the House of Representatives that the Congress urges all negotiators involved in the baseball dispute to settle the strike promptly.
United States · United States Congress · 24 June 1981
Condemns the trial and conviction of Dr. Viktor Brailovsky by the Soviet Union. Expresses the sense of the House of Representatives that: (1) the President should express to the Soviet Union U.S. concern and opposition to the internal exile of Dr. Brailovsky and to the Soviet Union's refusal to permit Dr. Brailovsky and his family to emigrate; (2) the Soviet Union should comply with various international agreements by reversing Dr. Brailovsky's conviction and by permitting him and his family to emigrate; and (3) the Soviet Union should cease persecuting individuals seeking to emigrate and should cease denying basic rights to Soviet Jews.
United States · United States Congress · 18 June 1981
Postal Service Amendments of 1981 - Authorizes the United States Postal Service to issue written demands requiring access to books, records, documents, or other objects believed to relate to any postal offense or civil matter under investigation by the Postal Service. Provides for the enforcement of such a demand by the appropriate district court. Authorizes the Postal Service to issue an order requiring any person to cease and desist from conducting a lottery or scheme for obtaining money or property by false representations through the mail. Declares that the resumption of such an activity through the use of any instrumentality of interstate commerce shall be considered to be a failure to comply with such order. Permits the Postal Service, in investigating whether a person is conducting such an activity, to tender the price of any article or service that such person has offered for sale. Declares that failure by such person to provide such article or service, or failure to comply with a written demand of the Postal Service for access to materials, shall constitute probable cause to believe such person is engaged in such activities, warranting the detention of such person's incoming mail. Establishes a civil penalty to be assessed by the Postal Service, after an opportunity for an agency hearing, against any person who: (1) attempts to evade an order directing the postmaster to return mail addressed to such person; (2) fails to comply with a cease and desist; or (3) assists another person in evading such an order.
United States · United States Congress · 18 June 1981
Olympic Coin Act of 1981 - Declares the purposes of this Act to be: (1) to provide for the minting of coins to commemorate the 1984 Los Angeles Olympic Games; and (2) to help finance those games without the use of tax revenues. Directs the Secretary of the Treasury to mint: (1) not more than 30,000,000 copper-nickel clad coins with a face value of one dollar; (2) not more than 22,400,000 silver coins with a face value of ten dollars; (3) not more than 2,400,000 gold coins with a face value of fifty dollars; and (4) not more than 1,400,000 gold coins with a face value of one hundred dollars. Specifies the size and weight of such coins. Specifies that the designs of such coins shall be determined by the Secretary in consultation with the Los Angeles Olympic Organizing Committee. Sets certain minting specifications for such coins. Authorizes the Secretary to enter into an agreement with the Los Angeles Olympic Organizing Committee which shall provide for the implementation of the purposes of this Act. Directs the Secretary to furnish such coins to the Los Angeles Olympic Organizing Committee at a price agreed to pursuant to such implementation agreement. Provides that all coins minted shall be delivered to the Los Angeles Olympic Organizing Committee for distribution and sale to the public in accordance with the terms of the implementation agreement. Sets the delivery date for each series of coins. Provides that all proceeds received by the Los Angeles Olympic Organizing Committee from the commercial sale of such coins shall be used for the purpose of staging and promoting the 1984 Los Angeles Olympic Games and assisting the U.S. Olympic Committee and amateur athletics. Provides that all coins authorized by this Act shall be legal tender. Directs that no coins shall be minted pursuant to this Act after December 31, 1984.
United States · United States Congress · 11 June 1981
Family Enterprise Estate and Gift Tax Equity and Reduction Act - Amends the Internal Revenue Code to reduce the estate and gift tax rates. Increases the unified credit against the estate and gift taxes from $47,000 to $103,500 by specified annual increments through 1985. Increases from $175,000 to $600,000, by specified annual increments through 1985, the minimum gross estate requirement for filing of a return. Repeals the existing limitations on the marital deduction for gift and estate taxes. Permits an election by an executor to take into account a life estate which passes to a surviving spouse for purposes of determining the marital deduction. Includes amounts equal to the value of such interests in the estate of the surviving spouse for purposes of imposition of the estate tax. Increases from $3,000 to $10,000 the annual gift tax exclusion. Revises the definition of "qualified real property," for purposes of the special use valuation, to include: (1) real property which is put to a qualified use by a member of the decedent's family; (2) certain future interests; and (3) timber. Qualifies estates of decedents who were disabled or retired for the special use valuation if such decedents materially participated in the operation of the farm or business for five out of eight years preceding the year in which they became disabled or eligible for disability benefits, under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Permits the spouse of a decedent to use such valuation if the spouse has managed the farm or business for ten years preceding the decedent's death or takes over active management upon the decedent's death. Qualifies the owner of a woodland for the special use valuation if the owner or a member of the owner's family actively managed the property for ten years prior to the owner's death. Includes as property qualified for the valuation certain future and partial interests. Reduces from 15 to ten years the length of time a qualified property must be held and put to a qualified use following the decedent's death before it can be disposed of without incurring a recapture of estate tax benefits. Permits active management rather than material participation as a test for qualification of the estate for spouses, children under 21, students, and disabled individuals who receive property from a decedent who qualified for special use valuation. Modifies the formula for recapture upon partial disposition of qualified property to include in the calculation of the additional tax imposed the adjusted tax difference attributable to the property disposed of or ceased to be used for a qualified use. Repeals the $500,000 limitation on the aggregate decrease in the value of property to which the special use valuation is applied. Allows the like kind exchange of property without loss of special use valuation eligibility. Permits, for purposes of calculating the five-year period required for qualification of real property, the aggregation of periods with respect to exchange property with those with respect to property included in the gross estate. Repeals the requirement that an heir elect special treatment for involuntary conversions of qualified real property, thus making such treatment automatic upon such conversion. Applies the special use valuation provisions to: (1) property which passes to a trust all of the beneficiaries of which are members of the decedent's family without regard to whether any beneficiary has a present interest in the trust; and (2) property held by a trust in which the decedent has an interest which is includible in the decedent's estate and which passes to a qualified heir as though the decedent had a direct interest in the property. Alters the method of valuing farms and woodlands and provides an alternate discount method of valuation. Expands the definition of "member of the family," for purposes of determining special use valuation eligibility, to include members of a spouse's family. Permits a parent or fiduciary of a person under a legal disability to sign an agreement to the application of recapture provisions on behalf of such person. Specifies that the estate tax deduction for certain indebtedness of an estate shall not be reduced if the value of the property is determined by applying the special use valuation. States that gifts made within three years of a decedent's death shall be valued as of the time of transfer rather than as of the date of death. Allows an individual to elect to pay a gift tax rather than use the unified tax credit. Modifies the alternate extension of time for payment of the estate tax where the estate consists largely of an interest in a closely held business to: (1) allow an installment payment election if the value of the interest in the closely held business is either 25 percent of the value of the gross estate or 35 percent of the taxable estate; (2) alter the definition of "interest in a closely held business"; (3) increase to 50 percent the value of an interest disposed of which will accelerate the payment of tax; and (4) permit payment, but with a penalty, of an installment within six months after the due date. Revises rules for determining whether property qualifies as an interest in a closely held business with respect to property included in the gross estate which is transferred prior to death and ownership of assets leased to or used by a family-owned business. Revises rules regarding the qualification of corporate distributions of property in redemption of stock which is included in a decedent's gross estate. Removes the limitation on substantially disproportionate redemptions of stock of a corporation which is a closely held business. Revises the formula for determining whether such redemptions are substantially disproportionate and the rule for determining whether a shareholder's interest in a corporation is terminated. Applies the four percent rate of interest on estate tax payments extended under the alternate extension of time provisions to the entire amount of the tax to be paid. Permits an election to value at 50 percent of its value an interest in a closely held business the net equity of which is less than $50,000,000. Imposes an additional estate tax if such interest is disposed of within ten years after the decedent's death. Allows a disclaimer of an interest in property for estate tax purposes in specified circumstances where such disclaimer does not result in the passing of the interest concerned under the applicable State law.
United States · United States Congress · 28 May 1981
Prohibits the Federal Trade Commission from investigating or taking any action concerning any State regulated profession until Congress enacts legislation which expressly provides that the Commission has authority over professions and that the Commission's authority preempts State authority. Vacates any such action taken during the period beginning on May 28, 1981, and ending on the date of enactment of this Act.
United States · United States Congress · 21 May 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase to $7,000 for each of taxable years 1981 and 1982 the amount which a beneficiary aged 65 or over may earn without a reduction in benefits. Provides that the amount which a beneficiary under the age of 65 may earn without a reduction in benefits shall be $5,200 for each of taxable years 1981 and 1982.
United States · United States Congress · 19 May 1981
Declares it the sense of the Congress that no legislation that would change the operations of the Guaranteed Student Loan Program before October 1, 1981, should or will be enacted. Prohibits the Secretary of Education from promulgating any rule which changes the operations of the Guaranteed Student Loan Program before October 1, 1981.
United States · United States Congress · 14 May 1981
Carl Albert Congressional Research and Studies Center Endowment Act - Authorizes the Secretary of Education to make matching grants to assist in the development of the Carl Albert Congressional Research and Studies Center, located at the University of Oklahoma. Authorizes appropriations for fiscal years 1981 through 1987 to carry out this Act.
United States · United States Congress · 13 May 1981
Directs the Postmaster General to issue a postage stamp to honor the seventieth anniversary of the founding of the Girl Scouts of the United States of America.
United States · United States Congress · 29 April 1981
Title I: Amendments to Title 18, United States Code (18 U.S.C. 921-928) - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition. Adds a new definition "engaged in the business" with respect to manufacturers, dealers, and importers. Defines as a manufacturer or dealer of firearms a person who manufactures or deals as a regular course of trade or business with the principal objective of livelihood and profit. Excludes as dealers persons making occasional sales or repairs of firearms. Eliminates certain activities involving ammunition from the coverage of the current prohibitions. Makes it unlawful for any person to transfer any firearm to a person who does not reside in the same State, if the transferor has reasonable cause to believe that acquisition of the firearm by such person would violate any State or local law or ordinance. Revises the current prohibition against certain classes of persons transporting a firearm or ammunition in interstate commerce to extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition. Includes as additional categories illegal aliens, dishonorably discharged members of the Armed Forces, and U.S. citizens who renounce their citizenship. Excludes ammunition dealers from the current licensing requirements. Stipulates that a licensed dealer's personal collection of firearms shall not be subject to recordkeeping requirements. Permits the Secretary of the Treasury to revoke a license only where the holder "willfully" violates a provision of the Act. Bars the Secretary from denying or revoking a license on the basis of violations which are alleged in criminal proceedings instituted against a licensee, where such individual is not convicted of such charges. Imposes as a condition for the inspection or examination of records, documents, firearms, or ammunition that the Secretary has probable cause to believe that a violation has occurred and that evidence may be found on the premises. Restricts the firearms information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Establishes a "willful" scienter (knowledge) requirement with respect to general violations of the Act. Revises the current offense of using or carrying a firearm during commission of a Federal felony to: (1) include use of a destructive device; (2) delete the act of "carrying" a firearm to commit a felony; and (3) limit such offense to felonies over which the Federal courts have exclusive jurisdiction. Retains the current penalty (one to ten years) for first offenses. Increases the penalty for second or subsequent offenses to five to 25 years' imprisonment (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second offenders, that the court not suspend any sentence or grant probation. Deletes the prohibition against concurrent sentences. Prohibits the granting of parole to first and subsequent offenders. Stipulates that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect person or property. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Directs the court to award attorney fees to the prevailing party (other than the United States) in a proceeding for the return of seized firearms or ammunition. Requires the court to award such fees in any other action upon a finding that the action was without foundation or was initiated in bad faith. Limits seizure to firearms individually identified as involved in the violation. Revises the current procedure allowing persons who have been convicted of a crime to apply to the Secretary for relief from the firearms prohibitions to make the following changes. Permits any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief. Requires, instead of permits, the Secretary to grant release, unless the applicant will be likely to act in a manner dangerous to public safety. Permits any person who is denied relief to seek de novo judicial review in Federal court. Makes the authority of the Secretary to permit importation of certain types of firearms and ammunition nondiscretionary. Extends the types of sporting firearms which may be imported. Amends the rulemaking authority of the Secretary to provide that no regulation may require the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Establishes a Congressional veto procedure with respect to firearms regulations. Authorizes either House of Congress to adopt a resolution of disapproval within 90 days of the rule's promulgation. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Makes any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
![Official portrait of Rep. McCurdy, Dave [D-OK-4]](https://www.congress.gov/img/member/m000398_200.jpg)