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Official portrait of Sen. Kasten, Robert W., Jr. [R-WI]

Sen. Kasten, Robert W., Jr. [R-WI]

United States · Official source

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2,173 records where Sen. Kasten, Robert W., Jr. [R-WI] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 1030 (97th)open

A bill to protect firearms owners constitutional rights, civil liberties and rights to privacy.

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 in 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. Declares 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. Declares that no person shall be subject to the additional, mandatory penalties if use of the firearm or destructive device was to protect persons 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. Declares 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).

Law· SS. 1018 (97th)enacted

Coastal Barrier Resources Act

United States · United States Congress · 28 April 1981

Coastal Barrier Resources Act - Declares the findings and intentions of Congress in regard to the fish, wildlife, and other natural resources associated with the coastal barriers along the Atlantic and Gulf coasts of the United States. Establishes the Coastal Barrier Resources System (System) which shall consist of specified undeveloped coastal barriers on the Atlantic and Gulf coasts. Requires that certain coastal barrier maps shall be available for public inspection through the United States Fish and Wildlife Service. Directs the Secretary of the Interior to provide copies of such maps to the chief executive officer of: (1) each State and political subdivision in which a System unit is located, and (2) each affected Federal agency. Directs the Secretary to make necessary modifications to such maps and to notify specified Congressional committees of the same. Limits, to specified projects, Federal expenditures on such projects or financial assistance for purposes within the System. Lists those projects eligible for financial assistance. Requires the Director of the Office of Management and Budget to certify annually to Congress that the Federal agencies concerned have complied with the provisions of this Act. Declares that no provision of this Act shall be construed to invalidate any provision of State or local law. Sets forth the contents of reports to be filed by the Secretary with specified Congressional committees. Authorizes appropriations to the Department of the Interior for fiscal years 1982 through 1986 for the purposes of this Act.

Bill· SS. 1017 (97th)open

A bill to authorize appropriations for fiscal year 1982 for certain maritime programs of the Department of Commerce, and for other purposes.

United States · United States Congress · 28 April 1981

Authorizes appropriations for fiscal year 1982 for certain Department of Commerce maritime programs including: (1) operating-differential subsidy payments; (2) research and development; (3) reserve fleet expenses; (4) maritime education; and (5) operations and training. Authorizes supplemental appropriations for fiscal year 1982 for employee benefits. Amends the Merchant Marine Act, 1936, to include as "eligible vessels" certain vessels that were reconstructed or reconditioned outside of the United States.

Bill· SS. 1008 (97th)open

A bill to provide that retired officers of the Armed Services recalled to active duty and detailed to duty with the American Battle Monuments Commission shall not be charged against the authorized end strengths and grade limitations prescribed for the Department of Defense or the military departments concerned.

United States · United States Congress · 27 April 1981

Excludes from determinations of authorized end strengths and grade limitations of the Department of Defense or the military departments retired officers of the armed forces recalled to active duty with the American Battle Monuments Commission.

Resolution· SCONRESS.Con.Res. 18 (97th)passed

A concurrent resolution relating to the free exercise of religion in the Ukraine.

United States · United States Congress · 27 April 1981

Declares the sense of the Congress that the President shall take steps to: (1) call upon the Soviet Union to permit the resurrection of the Ukrainian Orthodox and Catholic Churches; (2) contact the officials of the Soviet Union to secure freedom of worship in the Ukraine; and (3) bring to the attention of national and international religious councils Soviet violations of basic human rights.

Law· SS. 917 (97th)enacted

Veterans' Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

United States · United States Congress · 8 April 1981

Veterans' Disability Compensation and Survivors' Benefits Act of 1981 - Title I: Veterans' Disability Compensation Benefits - Increases the rates of veterans' compensation for: (1) wartime disability compensation; or (2) additional compensation for dependents; and (3) clothing allowances paid to certain disabled veterans. Title II: Survivors' Dependency and Indemnity Compensation Benefits - Increases the rates of veterans' dependency and indemnity compensation for: (1) a surviving spouse; (2) surviving children; and (3) supplemental children's benefits. Title III: Effective Date - States that the provisions of this Act shall take effect on October 1, 1981.

Bill· SS. 921 (97th)open

Veterans Programs Extension and Improvement Act of 1981

United States · United States Congress · 8 April 1981

Extends from December 31, 1981, to September 30, 1982, the authority of the Administrator of Veterans' Affairs to contract for hospital care or medical services in Puerto Rico and the Virgin Islands without reference to patient loads or incidence of provision of medical services for veterans treated by the Veterans' Administration in the contiguous 48 states.

Bill· SS. 922 (97th)referred

Farm Labor Contractor Registration Act Amendments of 1981

United States · United States Congress · 8 April 1981

Farm Labor Contractor Registration Act Amendments of 1981 - Amends the Farm Labor Contractor Registration Act of 1963 to exempt from the definition of "farm labor contractor": (1) any person supplying migrant workers for employment in his own agricultural operation (currently the employer must personally engage in such hiring); (2) bona fide employees who perform such activity for their employer (currently full-time or regular employees who engage only incidentally in such activity); (3) any person who supplies students or other persons whose principal occupation is nonagricultural to perform certain seed industry work (currently only applies to corn and sorghum with a maximum four-week work period); and (4) nonprofit or cooperative associations of farmers, growers, or ranchers and their employees. Defines the terms "for such person's own operation" and "bona fide employee" for purposes of such Act. Redefines "migrant worker" to mean a seasonal or temporary agricultural worker who can not normally return to his or her domicile after each working day (currently anyone employed in agriculture).

Bill· SS. 936 (97th)referred

A bill entitled the "Savings Expansion Act of 1981".

United States · United States Congress · 8 April 1981

Amends the Internal Revenue Code to reduce from 70 percent to 50 percent the maximum rate of income tax for individuals. Requires separate computation of personal service income and nonpersonal service (unearned) income, applying each category to the lowest tax rates initially. Prohibits separate computations in the case of any taxpayer with more than $10,000 in tax preference items.

Law· SS. 881 (97th)enacted

Small Business Innovation Development Act of 1982

United States · United States Congress · 7 April 1981

Small Business Innovation Research Act of 1981 - Amends the Small Business Act to direct the Small Business Administration (SBA) to: (1) maintain an information program to provide small businesses an opportunity to participate in Federal small business innovation research (SBIR) programs; (2) coordinate a schedule for release of agency SBIR solicitations and prepare a master release schedule; (3) monitor SBIR programs within Federal agencies; and (4) report annually to the Congressional Small Business Committees on the SBIR programs. Requires each Federal agency with a research and development budget in excess of $100,000,000 in fiscal year 1982 or any subsequent fiscal year to spend a specified percentage of its budget in connection with an SBIR program. Requires each Federal agency with a research and development budget in excess of $20,000,000 for fiscal year 1982 or any subsequent fiscal year to establish specific goals for funding research and development agreements with small businesses. Directs each Federal agency with an SBIR program to report annually to the SBA the number of awards over $10,000 in amount made under the SBIR program and to concerns other than small business concerns. Directs the Administrator of the Office of Federal Procurement Policy, in conjunction with the SBA, to promulgate regulations for the conduct of the SBIR programs. States that this Act does not authorize the appropriation of funds.

Bill· SS. 890 (97th)open

Regulatory Reduction and Congressional Control Act of 1981

United States · United States Congress · 7 April 1981

Regulatory Reduction and Congressional Control Act of 1981 - Amends the Administrative Procedure Act to require Federal agencies to provide interested persons at least 60 days after publication of the general notice of a proposed rulemaking to participate in the rulemaking. Allows an agency to adopt an emergency rule, temporarily, without regard to specified time constraints. Provides expedited procedures for the adoption of a rule to replace such a temporary emergency rule. Subjects interpretive agency rules and general policy statements which will have general applicability and affect the rights of persons outside the agency to notice and public comment requirements for agency rulemaking. Directs each agency, upon publishing a recommended final rule, to transmit to Congress a copy of the rule with a summary of the problem requiring Government regulation and a statement of the estimated costs imposed by the rule. Prohibits such a rule from becoming effective if one House adopts a resolution disapproving the rule within 60 days of continuous session of Congress and the other House does not disapprove such resolution within 30 days thereafter. Specifies factors to be considered by a Congressional committee when determining whether or not to report such a resolution. Allows an agency to issue a modified rule relating to the same area as a disapproved rule. Authorizes each Congressional committee having legislative jurisdiction over an existing agency rule to review such rule periodically to determine whether: (1) provisions of the rule seriously injure the public interest; or (2) the rule violates or is inconsistent with other rules, existing law, judicial decisions, congressional intent, or its statutory authority. Authorizes such a committee or any Member of Congress to report or introduce a resolution requiring that an agency reconsider and repromulgate an existing rule or else the rule shall lapse within 180 days. Requires any agency repromulgating a rule to hold a hearing for oral presentations.

Bill· SS. 888 (97th)open

Economic Equity Act

United States · United States Congress · 7 April 1981

Economic Equity Act - Title I: Tax and Retirement Matters - Amends the Internal Revenue Code to provide that the maximum deduction for contributions to an individual retirement plan: (1) shall be computed separately for each individual who is married; and (2) in the case of a married individual who has no compensation or less compensation than that of the spouse, shall be determined as if such compensation were the same as that of the individual's spouse. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require that a retirement plan that provides an annuity to a participant with at least ten years of creditable service shall provide a survivor's annuity for the spouse of a participant who dies before the annuity starting date in an amount not less than the amount that would have been made under the survivor's annuity if the participant had survived and retired on such annuity date. Provides that a participant's election not to take a joint and survivor's annuity shall not be effective unless the spouse of the participant consents in writing to such an election. Allows the assignment of the benefits of a qualified retirement plan in the case of a judgment decree or order relating to child support, alimony payments, or marital property rights pursuant to a State domestic relations law. Amends ERISA to lower the age limitation for participation in a qualified retirement plan from age 25 to age 21. Amends ERISA and the Internal Revenue Code to provide for accruals of creditable service to continue while an individual is on approved maternity or paternity leave at the rate of 20 hours service for each week of approved leave. Amends the Internal Revenue Code to: (1) increase the zero bracket amount; (2) lower the tax rate; (3) decrease withholding requirements; and (4) increase minimum filing requirements for heads of households. Entitles former spouses of members of the uniformed services, civil service employees, and Members of Congress, who were married for at least ten years during creditable service, to an annuity based upon a portion of retired or retainer pay. Amends the Survivor Benefit Plan of the uniformed services to make former spouses eligible for annuities under such plan. Provides for survivor's annuities for surviving former spouses of civil service employees or Members of Congress. Provides that the election of a member of the uniformed services, civil service employee, or Member of Congress not to make a joint and survivor's annuity shall not be effective unless the spouse and any former spouse consents in writing to such an election. Amends the Internal Revenue Code to provide a tax credit to employers of displaced homemakers. Title II: Day Care Program - Amends the Internal Revenue Code to revise the formula for determining the tax credit for household and dependent care services necessary for gainful employment. Provides that such credit may exceed tax liability. Increases the dollar limit for such credit from $2,000 to $2,500 (from $4,000 to $5,000 for two or more dependents). Allows a higher limit in the case of a taxpayer with children under two years of age. Increases the earned income limitation for such credit in the case of a spouse who is a student or incapable of self-care. Provides that employers may make advance payments of the credit to qualified employees. Excludes from gross income of an employee any amounts paid or expenses incurred by the employer for dependent care assistance to such employee. Title III: Armed Forces - Revises the rules for the distribution of the property of deceased members of the Air Force and Army by removing any gender distinctions from such rules. Establishes a distribution formula based on six classes: (1) beneficiary named in a will; (2) surviving spouse; (3) children; (4) parents; (5) siblings; and (6) next of kin. Eliminates sexual distinctions with regard to promotion procedures and procedures to remove reserve officers from active duty status in the Naval and Marine Corps Reserve. Requires the Secretary of Defense to make an annual report to the Congress concerning the status of women in the armed forces. Title IV: Estate Tax on Agricultural Property and Farm Loans - Amends the Internal Revenue Code to increase the unified credit against the estate and gift tax from $47,000 to $192,800 by specified annual increments through 1985. Increases the minimum gross estate requirement for filing a return from $175,000 to $600,000. Qualifies estates of decedents who were disabled or retired for the special valuation of certain farms based on use if they materially participated in the operation of the farm for five out of eight years preceding the year in which they became disabled or eligible for disability benefits. 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 during the period beginning on the date of deaths of the decedent and ending on the date of death of the spouse. 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 received property from a decedent who qualified for special use valuation. Repeals the $500,000 limitation on the reduction of the value of qualified real property permitted by the special use valuation. Provides that the interest rate on extended payments of estate taxes shall be the lower of six percent or 75 percent of the prime rate. Amends the Consolidated Farm and Rural Development Act to remove the preference to married persons in receiving farm improvement loans. Title V: Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Grants to State or local governments having insurance discrimination laws the primary opportunity to enforce this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer, if a State or local authority: (1) has received notice of a complaint and fails to act within 60 days; or (2) has no insurance discrimination laws. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance. Title VI: Regulatory Reform and Sex Neutrality - Requires the heads of each Federal administrative agency to conduct a review of the regulations of that agency to assure that such regulations are sex neutral. Requires that, to the extent practicable, all rules, regulations, documents, and other writings of Federal administrative agencies shall use words that are neutral as to gender, unless the subject matter specifically applies only to one sex or the words used do not result in sex-based discrimination. Title VII: Study of Enforcement of Alimony and Child Support Payments - Directs the Attorney General to undertake a study of the appropriate role of the Federal Government in the enforcement of delinquent payments of alimony, child support, and property settlement orders against an absent spouse or parent. Requires the Attorney General to submit to the President and the Congress not later than one year after enactment of this Act a report of such study together with recommendations for appropriate legislation.

Resolution· SRESS.Res. 106 (97th)passed

A resolution to commend Agents McCarthy and Parr and Officer Delahanty for their unselfish courage and patriotism during the recent attempt on the life of the President of the United States.

United States · United States Congress · 2 April 1981

Commends Secret Service Agents Timothy McCarthy and Jerry Parr and Metropolitan Police Officer Thomas Delahanty for their performance in the line of duty with respect to the assassination attempt on the life of the President of the United States.

Bill· SJRESS.J.Res. 58 (97th)referred

A joint resolution proposing an amendment to the Constitution altering Federal fiscal decision-making procedures.

United States · United States Congress · 27 March 1981

Constitutional Amendment - Requires Congress to adopt for each year a budget which sets forth the total receipts and outlays of the United States. Prohibits the adoption of any budget in which outlays exceed total receipts, unless three-fifths of each House of Congress approve such budget. Prohibits Congress from passing and the President from signing any bill which would cause the total outlays for any year to exceed the total expenditures in the budget for such year. Prohibits the retention of receipts in any year for use of the Treasury in an amount which exceeds as a proportion of the national income, the amount retained for the prior year, unless a bill directed at approving a specific increase in such proportion has been passed by a majority of each House. Permits Congress to waive the provisions of this Act with respect to any single year in which a declaration of war is in effect.

Bill· SS. 771 (97th)open

Dependent Care Amendments Act of 1981

United States · United States Congress · 23 March 1981

Dependent Care Amendments Act of 1981 - Amends the Internal Revenue Code to increase the tax credit for household and dependent care services necessary for gainful employment from 20 to a maximum of 50 percent of the costs of such services. Makes such credit refundable. Permits such credit for the costs of day care services performed outside the taxpayer's household for a handicapped dependent or spouse who returns to the household each day. Establishes a minimum income for individuals engaged in business on an substantially full-time basis to be utilized in the computation of the earned income limitation on the amount of such credit. Includes as a tax-exempt organization any organization which provides nonresidential dependent care services to the general public for purposes of enabling individuals to be gainfully employed. Treats the value of any such services provided by an employer and included in the income of an employee as having been paid by the employee.

Bill· SS. 750 (97th)open

Industrial Energy Security Tax Incentives Act of 1981

United States · United States Congress · 19 March 1981

Industrial Energy Security Tax Incentives Act of 1981 - Amends the Internal Revenue Code to increase the energy percentage, for purposes of the investment tax credit, in the case of certain alternative energy property, specially defined energy property, recycling equipment, cogeneration equipment, and qualified industrial energy efficiency property. Defines "qualified industrial energy efficiency property" as property which is part of a modification to an industrial or commercial facility and which: (1) results in decreased energy use per unit of output; (2) results in an aggregate annual decrease in energy consumption by the facility; (3) does not increase the total consumption of oil and natural gas; (4) is constructed or acquired after January 1, 1981; and (5) is depreciable or amortizable property with a useful life of three years or more. Excludes from such definition property for which the energy percentage is otherwise claimed. Extends the period for which such percentage may be applied with respect to such property which is part of projects for which certain construction and financial commitments have been met. Sets forth a formula for determining reductions or increases in the credit based on a ratio between the energy percentage amount and Btu savings. Reduces the credit attributable to application of the energy percentage where the use of qualified industrial energy efficiency property results in an increase of more than ten percent in the capacity of the facility. Provides that the applicable percentage of such property, for purposes of determining qualified investment, shall be 100 percent, without regard to the useful life of the property. Revises the definition of "alternative energy property" to: (1) include equipment for converting an alternate substance into electricity, up to the electrical transmission state; (2) define "boiler"; (3) include heat treating furnaces which use as the primary fuel an alternate substance, melt furnaces which use no fuel or use as the primary fuel an alternate substance, and modification equipment which is used in a facility which uses as the primary fuel an alternate substance and which reduces the use of fuels other than alternate substances. Expands the definition of "alternate substance" to include petroleum coke, petroleum pitch, synthetic fuels, and any product derived from an alternate substance. Excepts taxpayers from the primary fuel requirement in specified circumstances. Revises the definition of "specially defined energy property." Revises the definition of "recycling equipment" to: (1) include property used for the unloading, transfer, and storage of solid waste; and (2) include property used in the recovery of additional reusable resources and materials. Includes in the definition of "cogeneration equipment" property comprising a system for the generation of mechanical shaft power. Excludes as a fuel, for purposes of the definition of "biomass property," certain recyclable waste paper. Excludes from treatment as energy property any specially defined energy property or qualified industrial energy efficiency property used as public utility property unless such property is installed in connection with specified types of generating facilities. Provides rules regarding: (1) the replacement of equipment or processes by energy property; and (2) energy property which increases the operating capacity of a process or facility. Treats as qualified industrial energy efficiency property reasonably necessary for the operation of alternative energy property, specially defined energy property, recycling equipment, cogeneration equipment, or qualified industrial energy efficiency property.

Bill· SS. 683 (97th)open

Economic Recovery Tax Act of 1981

United States · United States Congress · 10 March 1981

Economic Recovery Tax Act of 1981 - Title I: Individual Tax Rate Cuts - Amends the Internal Revenue Code to reduce individual and estate and trust income tax rates for 1981, 1982, 1983, and 1984, lowering the maximum rate to 50 percent in 1984. Repeals the 50 percent maximum tax rate on personal service income. Reduces the alternative minimum tax for noncorporate taxpayers. Title II: Incentives for Plant, Equipment, and Real Property - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes cost recovery periods for the following classes of business property: (1) Ten-year property, including owner-used buildings and their structural components and certain public utility property; (2) five-year property, including tangible property, and (3) three-year property, including automobiles, light-duty trucks, and certain tangible property used in connection with research and experimentation. Excludes from the category of recovery property: (1) property placed in service before January 1, 1981; (2) certain property eligible for amortization; and (3) certain depreciable real property. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Revises the treatment of progress expenditure property with respect to the investment tax credit and the allowance for depreciation. Includes as recovery property, property which would have been depreciated using the retirement-replacement-betterment method. Provides special rules for recovery property predominantly used outside of the United States. Establishes definite useful lives for certain types of real property, (e.g., buildings, low-income housing, owner-occupied industrial and commercial buildings) which are not subject to change by the Internal Revenue Service upon audit. Allows current depreciation of any qualified progress expenditure property not yet placed in service. Revises the applicable percentage for determination of the investment tax credit to make eligible for such credit: (1) 100 percent of the basis of ten-year or five-year recovery property; and (2) 60 percent of the basis of three-year recovery property. Revises the progress expenditure rules to eliminate the useful life requirement for depreciable property being constructed by or for a taxpayer for use in trade or business (qualified progress expenditure property) and to apply to such property the revised percentages for determining the investment tax credit under this Act. Revises rules for the recapture of tax benefits upon the disposition of property eligible for the investment tax credit. Prescribes recapture percentages for each of the three classes of recovery property. Limits the amount of the investment tax credit to the amount that the taxpayer has at risk. Disqualifies capital cost recovery property from the allowance for first year depreciation. Repeals the retirement-replacement- betterment methods of depreciation allowed for certain types of property. Specifies that such property shall be depreciated using a ratable method. Requires the recapture as ordinary income of excess depreciation from recovery property which is subsequently sold or exchanged. Exempts accelerated depreciation on real property with a shortened audit-proof life and recovery property from classification as an item of tax preference for purposes of computing the minimum tax. Sets forth rules for treatment of the depreciation allowance for any recovery property under real property with a shortened audit-proof life in computing the earnings and profits of a corporation. Extends the carryover period for the net operating loss deduction, the investment tax credit, the work incentive program credit, and the new employee credit. Sets forth a method of computing the recovery allowance for recovery property and certain real property in the case of certain corporate acquisitions.

Bill· SS. 649 (97th)open

Artists Tax Equity and Donation Act of 1981

United States · United States Congress · 6 March 1981

Artists Tax Equity and Donation Act of 1981 - Amends the Internal Revenue Code to allow an income tax deduction for the current fair market value of a literary, musical, or artistic composition created by the taxpayer and contributed to a charitable organization. Disallows a fair market value deduction for a contribution of property which was produced while the taxpayer was a Government officer or employee if such property arose out of the performance of the taxpayer's duties. Permits the executor of an estate, in calculating the gross estate, to elect to value any copyright or any literary, musical, or artistic work created by the decedent at an amount equal to the decedent's adjusted basis in such property.

Bill· SS. 601 (97th)reported

Television Licensing and Renewal Act of 1981

United States · United States Congress · 3 March 1981

Television Licensing and Renewal Act of 1981 - Amends the Communications Act of 1934 to increase the licensing term for a television broadcasting station from three to five years. Permits the Federal Communications Commission to grant an initial license or construction permit for a television broadcast facility on a system of random selection. Directs the Commission to grant a license renewal if the license has substantially met the needs of its service area and complied with the requirement of such Act. Prohibits the Commission from considering the application of any other person for the facilities for which renewal is sought.

Bill· SS. 589 (97th)referred

A bill for the relief of Martin John Lavery.

United States · United States Congress · 26 February 1981

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

Bill· SS. 574 (97th)open

Family Enterprise Preservation Act

United States · United States Congress · 26 February 1981

Family Enterprise Preservation Act - Amends the Internal Revenue Code to allow a deduction from the value of a decedent's gross estate for the value of an interest in qualified tangible property (tangible property located in the United States which on the date of decedent's death was being used as a farm for farming purposes or in a trade or business other than farming) only if at least 50 percent of the adjusted value of the decedent's estate consisted of the adjusted value of tangible property which: (1) on the date of the decedent's death was being used for a qualified use; and (2) passed from the decedent to a qualified heir (a member of decedent's family). Limits such deduction to $750,000 with respect to bequests of qualified tangible property to decedent's spouse and $750,000 with respect to bequests to qualified heirs other than the spouse. Imposes an additional estate tax if, within 15 years of the decedent's death and before the qualified heir's death, the qualified heir: (1) disposes of any interest in qualified tangible property (other than by a disposition to a member of his family); or (2) ceases to use such qualified tangible property for the qualified use. Provides for reducing the amount of additional tax for such disposition or cessation according to the number of years after decedent's death that such disposition or cessation occurs. Prohibits the imposition of more than one additional tax with respect to any portion of an interest in such qualified tangible property.

Resolution· SCONRESS.Con.Res. 12 (97th)referred

A concurrent resolution expressing the sense of the Congress that Congress shall work its will and take final action no later than May 31, 1981 on the economic recovery proposals which President Reagan presented to the Congress on February 18, 1981.

United States · United States Congress · 26 February 1981

Expresses the sense of Congress that Congress shall work its will and take final action no later than May 31, 1981, on the economic recovery proposals which President Reagan presented to the Congress on February 18, 1981.

Resolution· SCONRESS.Con.Res. 9 (97th)passed

A concurrent resolution revising the Congressional Budget for the United States Government for the fiscal years 1981, 1982, and 1983.

United States · United States Congress · 24 February 1981

Revises the congressional budget in order to: (1) reduce budget authority by $10.7 billion, and outlays by $4,8 billion, in fiscal year 1981; (2) reduce budget authority by $61.3 billion, and oulays by $41.4 billion, in fiscal year 1982; and (3) reduce budget authority by $88.4 billion, and outlays by $79.7 billion, in fiscal year 1983.

Resolution· SCONRESS.Con.Res. 10 (97th)referred

A concurrent resolution expressing the sense of the Congress concerning the continuing permanent conversion of productive agricultural lands to nonagricultural uses.

United States · United States Congress · 24 February 1981

Expresses the sense of Congress that agricultural resources are of strategic importance to the United States' future and calling for Federal cooperation with State and local governments and assistance to persons engaged in agriculture.

Bill· SS. 517 (97th)referred

Ozone Depletion Validation Act of 1981

United States · United States Congress · 20 February 1981

Ozone Depletion Validation Act of 1981 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to continue ozone protection studies and research while increasing actual measurements of stratosphere ozone and improving methods of monitoring potential trends in such measurements. Directs the Administrator to contract with the National Academy of Sciences to: (1) continue review and research; (2) determine the extent, nature, and causes of changes in stratospheric ozone concentration (with particular attention to the effects of chlorofluorocarbons); (3) investigate unreasonable effects on health and the environment; and (4) report all findings and associated uncertainties. Prohibits the Administrator from proposing further regulations for the control in the United States of any chlorofluorocarbon: (1) until an international agreement or agreements among major free-world producing countries of chlorofluorocarbons are reached as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken; or (2) until depletion of the stratospheric ozone by chlorofluorocarbons at a rate determined to be eventually harmful to human health and the environment is actually detected. Provides that any such final regulation not take effect until at least 90 days after its promulgation and not until the expiration of the period provided for adoption of a resolution of disapproval. Requires that continuing research and monitoring programs be expanded to determine the extent, nature, causes, effects, and associated uncertainties of stratospheric ozone concentration changes. Directs the National Academy of Sciences, in consultation with the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, to report, within two years and annually thereafter until such time as the theory of ozone depletion by chlorofluorocarbons has been validated, all findings concerning actual or potential alteration of the concentration of ozone in the stratosphere, its causes, and associated implications and uncertainties. Requires that such report be made to the Administrator and to the Congress, with copies available to the public. Directs the President, within two years from the date of enactment of this Act and annually thereafter, to report to the Congress and the public on efforts to reach international agreements among the major free-world producing countries of chlorofluorocarbons as to the nature, extent, and implications of any threat to the concentration of ozone in the stratosphere and as to the appropriate regulatory action to be taken. Prohibits States or local governments from adopting or attempting to enforce any regulation (except ones controlling halocarbon use as an aerosol propellant) respecting the control of chlorofluorocarbons to protect the stratosphere or stratospheric ozone until the Administrator has promulgated such regulations for such control in the United States. Provides that this Act shall not affect: (1) the validity of regulations concerning aerosol propellants containing chlorofluorocarbons promulgated by the Administrator before the effective date of this Act; or (2) the Administrator's obligation to comply with other applicable requirements in adopting regulations for the control of chlorofluorocarbons consistent with international agreements or after actual detection of eventually harmful depletion. Requires that such final regulations be submitted to the Congress and only take effect if both Houses of Congress do not adopt a concurrent resolution of disapproval within a specified period. Sets forth procedures and other provisions relating to such resolutions.

Bill· SS. 516 (97th)referred

A bill for the relief of Chuen-Yung Yu and Chuen-Yuh Yu.

United States · United States Congress · 20 February 1981

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

Bill· SS. 473 (97th)open

A bill to amend the Internal Revenue Code of 1954 to provide that the amount of the charitable deduction allowable for expenses incurred in the operation of a motor vehicle will be determined in the same manner Government employees determine reimbursement for the use of their vehicles on Government business.

United States · United States Congress · 16 February 1981

Amends the Internal Revenue Code to provide that the amount of the charitable deduction allowable for motor vehicle expenses will be determined in the same manner Federal employees determine reimbursement for business use of their vehicles.

Bill· SS. 468 (97th)open

Former Prisoners of War Benefits Act of 1981

United States · United States Congress · 6 February 1981

Prisoners of War Health-Care Benefits Act of 1981 - Authorizes the Administrator of Veterans' Affairs to establish an advisory committee to assess new medical and other information on former prisoners of war (POW's). Requires that such committee include former POW's of World War II, the Korean conflict, and the Vietnam era and individuals who are recognized authorities in certain fields of medicine. Directs the committee to submit a biennial report to the Administrator on its activities. Makes POW's with the disease of psychosis manifest to a degree of ten percent presumably eligible for wartime disability benefits (presently such psychosis must have occurred within two years of separation from service). Entitles POW's of not less than 60 days during World War I, World War II, the Korean conflict, or the Vietnam era eligible for hospital, nursing home, and domiciliary care benefits. Directs the Administrator to prescribe regulations and furnish medical services for any disability on an outpatient or ambulatory basis to such POW's. Includes veterans held in captive status due to the seizure of the United States Embassy in Iran among those veterans eligible for educational assistance.

Resolution· SRESS.Res. 65 (97th)referred

A resolution to promote alternative nonanimal testing procedures.

United States · United States Congress · 6 February 1981

Expresses the sense of the Senate that the Consumer Product Safety Commission, the Environmental Protection Agency, and the Food and Drug Administration should develop and validate an alternative nonanimal testing procedure.

Resolution· SRESS.Res. 64 (97th)open

A resolution expressing the sense of the Senate that no future amendments to the federal debt limit be approved without the previous adoption of actions by the President and the Congress to balance federal outlays and revenues without increasing taxes.

United States · United States Congress · 6 February 1981

Expresses the sense of the Senate that no future amendments to the Federal debt limit may be approved without the previous adoption of specified actions by the President and the Congress to balance Federal outlays and revenues without increasing taxes.

Bill· SS. 395 (97th)open

Family Enterprise Estate and Gift Tax Equity Act

United States · United States Congress · 5 February 1981

Family Enterprise Estate and Gift Tax Equity Act - Amends the Internal Revenue Code to reduce the estate and gift tax rates beginning in 1981. Increases the unified credit against the estate and gift taxes from $47,000 to $124,750 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. Increases from $3,000 to $10,000 the annual gift tax exclusion. Qualifies estates of decedents who were disabled or retired for the special valuation of certain farms based on use if such decedents materially participated in the operation of the farm for five out of eight years preceding the year in which they became disabled or eligible for disability benefits. 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 woodlands for the special use valuation if the decedent or a member of the decedent's family owned and farmed the property for ten years prior to the decedent's death. 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. Repeals the $500,000 limitation on the reduction of the value of qualified real property permitted by the special use valuation. Allows the like kind exchange of property without loss of special use valuation eligibility. Revises the method of valuing farms by providing that the basis of such valuation shall be the average annual gross rental value. Authorizes the step-up in basis of such assets. Repeals the requirement that an heir elect special treatment for involuntary conversions of qualified real property, thus making such treatment automatic upon such conversion. 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. Authorizes 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 35 percent of the value of the gross estate or 50 percent of the taxable estate; (2) increase to 50 percent the value of an interest disposed of which will accelerate the payment of tax; and (3) permit payment, but with a penalty, of an installment within six months after the due date. 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.

Bill· SS. 391 (97th)open

Intelligence Identities Protection Act of 1981

United States · United States Congress · 3 February 1981

Intelligence Identities Protection Act of 1981 - Amends the National Security Act of 1947 to establish criminal penalties for any person who knowingly discloses information which identifies a U.S. covert intelligence agent. Establishes a maximum penalty of ten years' imprisonment and/or a $50,000 fine for any person who, having had authorized access to classified information which identifies a covert agent, learns the identity of a covert agent and intentionally discloses such information. Establishes a maximum penalty of five years' imprisonment and/or a $25,000 fine for any person who, having had authorized access to classified information, learns the identity of a covert agent and intentionally discloses such information. Establishes a maximum penalty of three years' imprisonment and/or a $15,000 fine for any person who, in the course of a "pattern of activities intended to identify" covert agents and with "reason to believe" that such activities would impair U.S. foreign intelligence activities, discloses information identifying an agent. Directs the President to establish procedures requiring Federal agencies to provide assistance in concealing the identity of U.S. intelligence agents.

Bill· SS. 360 (97th)referred

Omnibus Small Business Capital Formation Act of 1981

United States · United States Congress · 3 February 1981

Omnibus Small Business Capital Formation Act of 1981 - Title I: Income Taxation - Subtitle A: Capital Formation - Allows individual taxpayers a ten percent income tax credit for investment in small business incentive stock (stock issues aggregating less than $15,000,000 by corporations with equity capital of less than $25,000,000). Limits the amount of such credit to $1,000 ($2,000 for taxpayers filing jointly). Denies such credit to individuals who dispose of incentive stock within 12 months of purchase. Treats as long-term capital gain amounts actually paid to a taxpayer with respect to a small business participating debenture (SBPD) which constitute the distribution of a share of the earnings of the issuer. Defines "small business participating debenture" (SBPD) as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears interest at not less than specified by the Secretary of the Treasury; (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 "qualified small business" as one: (1) whose equity capital does not exceed $25,000,000: (2) the face value of all of whose outstanding SBPD's does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission. Treats members of a controlled group of corporations as a single taxpayer. Denies capital gains treatment where the taxpayer is a "related party" to the SBPD issuer. Treats losses on small business participating debentures as ordinary losses. Allows an interest expense deduction for interest and share-of-earnings payments made on such debentures. Increases from 60 percent to 70 percent the deduction for capital gains from the sale or exchange of small business assets (equity interests in a business with net equity capital of less than $25,000,000). Reduces from 28 percent to 21 percent the alternative tax on such gain. Provides for nonrecognition of any long-term capital gain from the sale of small business stock, except to the extent that the taxpayer's sale price exceeds the cost of small business stock purchased by the taxpayer within 18 months after the date of such sale. Prescribes a three-year statute of limitations for the assessment of any deficiency attributable to gain realized by the sale of such stock. Increases from 15 to 100 the permissible number of shareholders in a subchapter S corporation. Allows corporations engaged in marketmaking activities a limited deduction equal to the lesser of: (1) the amount of additions during the taxable year to a reserve for gains from marketmaking activities; or (2) the amount of gain from such activities. Defines "marketmaking activities" as the purchase and sale by a dealer in securities of equity securities which are: (1) issued by a corporation with less than $25,000,000 in stock and securities outstanding; and (2) held primarily for sale to customers in the ordinary course of trade or business. Requires specified withdrawals from the marketmaking reserve at the close of the taxable year and includes amounts so withdrawn in gross income. Subtitle B: Capital Retention - Reduces corporate income tax rates. Revises the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for two classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) tangible property, five years; and (2) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Permits calculation of the investment tax credit for such property without regard to the useful life of the property. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits a taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year. Increases the accumulated earnings credit for corporations other than specified service corporations. Increases the allowable cost of used property eligible for the investment tax credit. Subtitle C: Employee Stock Options - Exempts from income taxation any income resulting from the transfer of stock to an individual exercising a stock option under an incentive stock option plan. Specifies that the optionee may not dispose of stock within two years after an option is granted nor within one year after the transfer of shares. Requires that the optionee be an employee of the corporation granting such option at all times during the period after an option is granted and for three months after such option is exercised. Defines "incentive stock option" as an option granted to an individual in connection with employment by a corporation to purchase stock of such corporation. Sets forth the following conditions for the granting of such options: (1) the approval of a plan for granting options by the shareholders of the corporation; (2) the granting of options within ten years of either the adoption or approval of the plan; (3) the termination of the option after ten years; (4) an option-price which is not less than the fair market value of the stock subject to such option; (5) the nontransferability of the option; and (6) the optionee may not hold more than ten percent of the stock of the corporation, unless the option price is at least 110 percent of the fair market value of the stock subject to the option and such option is terminable five years after it is granted. Subtitle D: Inventory Accounting for Small Businesses - Allows a qualified small business to elect the cash receipts and disbursements method of accounting regardless of any requirement to use inventories if: (1) the average annual gross receipts for the three preceding taxable years do not exceed $1,000,000; and (2) such small business was qualified for each of the two preceding taxable years. Allows a taxpayer who adopts the last-in, first-out (LIFO) method of accounting to spread increases in taxable income attributable to such change over a ten-year period. Permits a taxpayer who is required to change his method of accounting pursuant to Revenue Ruling 80-60 (inventory valuation) and Revenue Procedure 80-5 to effect such a change only for taxable years beginning after December 31, 1980. Title II: Estate and Gift Taxes - Increases the unified credit against the estate and gift taxes from $47,000 to $192,800. Makes such increase, in the case of the gift tax, in specified annual increments through 1985. Increases from $175,000 to $600,000 the minimum gross estate requiring filing of a return. Repeals the existing limitations on the marital deduction for gift and estate taxes. Increases from $3,000 to $6,000 the annual gift tax exclusion. Permits disabled individuals and those receiving social security benefits to qualify for the special use valuation of certain farms and other real property if they have materially participated in the operation of the farm or business for five out of the eight years preceding the year in which they become disabled or eligible for such benefits. Permits the spouse of a decedent to use such valuation if the spouse has actually managed the farm or business for ten years preceding the decedent's death or takes over active management upon the decedent's death. Permits the owner of a woodland to qualify for the special use valuation if he or she has actively managed the property for ten years prior to death. Reduces from 15 to ten years the length of time a qualified property must be held 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. Repeals the $500,000 limitation on the reduction of the value of qualified real property permitted the special use valuation. Allows like kind exchange of property without loss of special use valuation qualification. Allows net crop share rentals to qualify for the special use valuation as well as cash rentals. Authorizes the step-up in basis of assets. Repeals the requirement that an heir elect special treatment for involuntary conversions of qualified real property, thus making such treatment automatic upon such conversion. 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. Authorizes 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 35 percent of the value of the gross estate or 50 percent of the taxable estate; (2) increase to 50 percent the value of an interest disposed of which will accelerate the payment of tax; and (3) permit payment, but with a penalty, of an installment within six months after the due date. 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.

Resolution· SCONRESS.Con.Res. 5 (97th)passed

A concurrent resolution expressing the sense of the Congress with respect to the imprisonment and treatment by the Government of the Soviet Union of Dr. Viktor Brailovsky, and for other purposes.

United States · United States Congress · 3 February 1981

Expresses the sense of Congress that, in accordance with specified international agreements, the Soviet Union should provide proper medical care for Viktor Brailovsky and permit him to emigrate to Israel with his family. Urges the President to: (1) continue to express U.S. opposition to the imprisonment and treatment of Brailovsky; and (2) inform the Soviet Union that the United States, in evaluating its relations with other countries, will consider the extent to which those countries honor their commitments to human rights under international law.

Bill· SS. 349 (97th)referred

Veterans Administration Adjudication Procedure and Judicial Review Act

United States · United States Congress · 30 January 1981

Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals decisions rendered on or after January 1, 1977, and prior to the effective date of this Act.

Bill· SS. 312 (97th)referred

A bill for the relief of Maria and Timofei Chmykhalov, and for Lilia, Peter, Liubov, Lidia and Augustina Vashchenko.

United States · United States Congress · 29 January 1981

Declares that seven members of named families have resided since a certain date in the United States Embassy in Moscow and have been living there in accordance with United States laws. Authorizes the granting of a visa and admission to the United States for permanent residence to each individual. Provides that each individual shall be held and considered to have been lawfully admitted to the United States for permanent residence as of a specified date, and to have been physically present and residing therein continuously since such date.