United States · United States Congress · 10 November 1981
Expresses the sense of the Congress that the President should: (1) express U.S. opposition to the imprisonment of Alexander Paritsky; (2) urge the Soviet Union to release him from prison, to stop harassing him and his family, and to permit him and his family to emigrate; and (3) inform the Soviet Union that the United States will consider the extent to which countries honor their commitments under international law when evaluating U.S. relations with such countries.
United States · United States Congress · 5 November 1981
Declares that it is the sense of the House of Representatives that: (1) the United States must manage its assets in a manner more prudent and beneficial to the interests of the American people; (2) all executive branch agencies should inventory their assets, estimate the approximate value of each asset, and identify the uses to which each asset is put; (3) the President should then identify which assets are surplus to Federal needs and should be candidates for liquidation; (4) the President should submit recommendations to Congress on any legislative and administrative revisions that may be needed to carry out such a program of liquidation in an orderly manner; (5) the receipts of this program should be used only to restrain and ultimately reduce the national debt; and (6) the Comptroller General should investigate and recommend to Congress and each agency improved processes for managing Federal assets, estimating their value, and liquidating those which are unneeded.
United States · United States Congress · 5 November 1981
Requires any Member, officer, or employee of the House of Representatives who authorizes foreign travel by any other such person to submit an advance report and a postreturn report to the Clerk of the House. Directs that such reports be available for public inspection and published in the Congressional Record.
United States · United States Congress · 5 November 1981
Expresses the sense of the Congress that no limitation should be placed on the Federal income tax deduction for interest paid on a residential mortgage.
United States · United States Congress · 4 November 1981
Violent Crime Control Act of 1981 - Title I: Mandatory Sentences For Use of Firearms in Felonies - Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Makes the additional penalties inapplicable to offenses consisting solely of possessing, transporting, or selling a firearm. Increases the additional penalty to two years' imprisonment for a first offense (currently, one to ten years) and to five years for a second or subsequent offense (currently, two to 25 years). Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences. Prohibits the granting of parole to any offender. Prohibits the Government attorney from plea bargaining with respect to this offense. Title II: Assassination-Related Killings - Amends the Federal criminal code to extend the current offense of killing designated Federal employees to include any Federal public servant engaged in the performance of, or on account of, his or her duties. Replaces the current crimes of Presidential and Congressional assassination with new offenses covering the assassination, assault, kidnapping, or conspiracy to kill or kidnap "United States officials." Includes Cabinet heads and Federal judges within such definition, in addition to the President, Vice President, and Members of Congress. Makes it a Federal crime to kill any civilian in the course of an assassination of a U.S. official. Authorizes the Attorney General to offer a reward of up to $100,000 for information and services concerning these offenses. Makes it the duty of any Federal agency to assist the Attorney General in the investigation and prosecution of violations. Title III: Bail Reform - Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures. Authorizes a judicial officer to consider the safety of any person of the community when making a pretrial release determination. Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the number of discretionary release conditions. Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense if no conditions will assure his appearance and the safety of the community and any other person. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; or (3) a narcotics offense punishable by at least ten years' imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice or any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated. Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person. Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. Authorizes a U.S. attorney to appeal a release order. Establishes mandatory additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court. Grants new authority to law enforcement officers to arrest a person who violates certain pretrial release conditions. Title IV: Insanity Defense Modifications - Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect. Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another. Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered. Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect. Title V: Modification of the Exclusionary Rule - Declares that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief. Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance. Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees. Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage. Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the action was constitutional. Title VI: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system. Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines. Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range or the specific reason for imposing a sentence outside of such range. Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Title VII: Habeas Corpus Changes - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners, except upon consent of the parties. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate that the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six circumstances (currently, the State findings are presumed to be correct unless the petitioner establishes the existence of a circumstance). Requires the Federal court to view the State court record in the light most favorable to the prosecution. Title VIII: Corrections Construction and Development - Corrections Construction and Program Development Act of 1981 - Authorizes the Attorney General to make grants to States for up to 75 percent of the cost of projects to: (1) construct, expand, and repair correctional facilities; and (2) improve correctional programs and practices. Authorizes appropriations through fiscal year 1985. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to donate surplus property to States for correctional purposes.
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 · 26 October 1981
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to Queen Beatrix of the Netherlands in recognition of the bicentennial anniversary of diplomatic and trade relations between the Netherlands and the United States. Authorizes the Secretary of the Treasury to coin and sell bronze duplicates of such medal. Authorizes appropriations.
United States · United States Congress · 22 October 1981
Interest Rate Reform Act of 1981 - Prohibits any officer or employee of the United States from selling any debt obligation of the United States, or of any agency or instrumentality of the United States, bearing interest at a rate, or at a discount from face value, yielding a rate of return greater than 15 percent or one-fourth of one percent less than the average auction price for Treasury bills at the auction held the week prior to the date of the enactment of this Act, whichever is greater. Sets forth the formula for reducing the maximum interest rate or yield after such date and for maintaining such maximum interest rate or yield at such level. Declares that the maximum legal rate of interest shall not be greater than six percent above such currently effective rate. Makes all contracts and assurances for the loan or forbearance in money or other thing of value at more than the legal rate of interest void as to the excess of interest over the legal rate of interest. Permits the principal, with legal rate of interest, to be recovered on any such contract or assurance, but not the excess of interest. Permits such excess of interest, if already paid, to be recovered from the lender or forbearer even through payment was made to an assignee. Declares that no person may plead or set up the taking of more than the legal rate of interest as a defense to any action brought against such person to recover damages on, or to enforce payment of or other remedy on, any mortgage, bond, note, or other obligation executed or assumed by such person. Declares that all references to interest rates and yields in this Act mean simple interest annualized over a one year period. States that a reasonable charge for origination fees, finder's fees, delinquency fees and commissions, and actual costs of recording and filing fees and of documentary and intangible taxes shall not be considered interest under this Act.
United States · United States Congress · 22 October 1981
Amends the Internal Revenue Code to allow an income tax exclusion for interest earned on national home ownership bonds. Defines "national home ownership bonds" as certificates of deposits issued before 1985 which are used to provide owner-financing of single family residences. Requires that such bonds have a maturity rate of five years and an investment yield not exceeding ten percent and be issued in denominations of at least $1,000. Prescribes percentage tables for determining the interest rate on such financing.
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 · 19 October 1981
Requires the Inspector General of the Department of Health and Human Services to identify Medicare patients and other individuals entitled to benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act who have died in order to eliminate improper OASDI benefit payments to deceased individuals. Directs the Inspector General to report to Congress annually on the progress being made pursuant to this Act.
United States · United States Congress · 14 October 1981
Amends the Crude Oil Windfall Profit Tax Act of 1980 to repeal the termination date for the exclusion from gross income of a certain amount of interest and dividend income received by a taxpayer. Amends the Economic Recovery Tax Act of 1981 to restore the full dividend and interest exclusion.
United States · United States Congress · 7 October 1981
Prompt Payment Act of 1981 - Requires Federal agencies to pay interest on overdue payments to businesses for property or services. Requires the Office of Management and Budget (OMB) to prescribe required payment dates. Specifies the procedures for computing such interest. Requires an agency to pay any interest charges out of funds made available for administration of its programs. Authorizes Federal grant recipients to provide for the payment of interest on overdue payments on their procurement contracts. Directs each agency to report to OMB annually on interest payments made during the fiscal year. Requires OMB to report to specified congressional committees on agency compliance with this Act. Requires the Director of OMB to delegate responsibility for OMB functions under this Act to the Office of Federal Procurement Policy.
United States · United States Congress · 6 October 1981
Amends the Bail Reform Act of 1966 to authorize a judicial officer when making a pretrial release determination to consider whether a person charged with possession or transfer of a controlled substance will pose a danger to any other person or the community. Requires the judicial officer to hold a hearing for such persons to determine whether surety resources have been obtained by noncriminal means.
United States · United States Congress · 5 October 1981
Expresses the sense of the House of Representatives that the President, with the advice and consent of the Senate on the favorable recommendation of the Senate Committee on Banking, Housing, and Urban Affairs, should select individuals for appointment to vacancies on the Board of Governors of the Federal Reserve System in accordance with the provisions of the Federal Reserve Act so that agricultural and commercial interests, including small businesses, will no longer be underrepresented on the Board.
United States · United States Congress · 2 October 1981
Amends titiles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to require Federal agencies to give to the Secretary of Health and Human Services, upon request, the names and social security account numbers of disability or SSI benefit recipients who are inmates of penal institutions.
United States · United States Congress · 30 September 1981
Deems a national banking association the operations of which are limited to those of a trust company an additional bank within the meaning of the Bank Holding Company Act of 1956 and subjects such bank to the provisions of such Act. Amends the Bank Holding Company Act of 1956 to make the State boundary restrictions of such Act regarding the acquisition of shares or assets of, or interests in, an additional bank applicable to the acquisition of shares or assets of, or interests in, a trust company. Declares that such restrictions shall not apply with respect to the acquisition of shares or assets of, or interests in, a trust company if such acquisition was approved on or before March 5, 1980, and if such trust company opened for business and was operating on or before March 5, 1980. Prohibits any bank holding company from retaining direct or indirect ownership or control of any voting shares of any trust company after October 1, 1983, unless the acquisition of such shares: (1) was made prior to September 30, 1981; or (2) is expressly authorized by the statute laws of the State in which such trust company is located.
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 · 17 September 1981
Amends the Freedom of Information Act to exempt from the disclosure requirements matters relating to: (1) internal personnel rules and practices and training or reorientation of personnel of the Central Intelligence Agency; (2) special activities, clandestine collection, or covert operations of the CIA; and (3) internal operation, office management, or organization of the CIA. Eliminates Federal court jurisdiction to enjoin the CIA from withholding records, except personnel records of an individual the disclosure of which is necessary for obtaining employment outside the Agency.
United States · United States Congress · 16 September 1981
Amends the Controlled Substances Act to establish in the Department of Health and Human Services the Office for the Supply of Internationally Controlled Drugs, to be responsible for regulating the domestic production of marihuana and the distribution of marihuana for medical, scientific, and research purposes. Establishes procedures for the production of medicinal marihuana. Permits the distribution of medicinal marihuana only to hospitals and pharmacies registered to dispense schedule II controlled substances for the purposes of treating glaucoma or the nausea of cancer patients or research approved under the Federal Food, Drug, and Cosmetic Act.
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 the Depository Institutions Deregulation and Monetary Control Act of 1980 to extend the provisions of such Act concerning the interstate trust operations of bank holding companies.
United States · United States Congress · 31 July 1981
Amends the Federal Election Campaign Act to prohibit a corporation or labor union from using the involuntary dues or funds of its members or employees for specified political activities.
United States · United States Congress · 29 July 1981
Immigration and Nationality Act Amendments of 1981 - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" an alien (and accompanying spouse and children) having a foreign residence (with no intention of abandoning) coming to the United States temporarily to study full-time at a vocational or other nonacademic institution approved by the Attorney General. Provides that such vocational-nonacademic student category shall become effective six months after enactment of this Act. Redefines the definition of "child" to include: (1) a child adopted before the age of 16; and (2) an orphan under the age of 16. Excludes adultery from the determination of good moral character for the purposes of such Act. Limits the existing drug-related provision relating to good moral character to "trafficking in narcotics." Provides that aliens seeking admission within five years of the date of their deportation or removal shall be ineligible for admission in to the United States (presently no time limit on excludability). Eliminates certain reporting requirements imposed on the Attorney General regarding his discretionary waiver of excludability. Includes drug offenses among the categories of excludability that may be waived in the case of alien children, spouses, or parents of U.S. citizens or permanent residents seeking admission as immigrants. Eliminates the requirement of a medical specialty certificate from the American Board of Medical Specialties for admission of an alien graduate of a foreign medical school practicing in the United States as of January 9, 1978. Provides that such an alien's stay shall be the time normally required to complete a designated course of medical study (presently two years with a one year extension). Stipulates that such period shall not exceed seven years unless the alien's country has an exceptional need for such specialty training. Permits such an alien to change his/her designated course of medical study upon approval of the Director of the International Communication Agency within two years after entry or acquisition of exchange visitor status (presently must continue course of education under which admitted to the United States). Requires: (1) the alien to file an affidavit of good academic standing annually with the Attorney General; and (2) the Director of the International Communication Agency to report annually to the Congress regarding such aliens. Amends waiver of standards provisions regarding such training programs to: (1) require a training program to have a comprehensive plan to reduce its reliance on alien physicians to qualify for such a waiver; and (2) extend such waiver authority from December 31, 1981, to December 31, 1983. Directs the Secretary of Health and Human Services, in coordination with the Attorney General and the Secretary of State, to report to the Congress at the beginning of fiscal years 1982 and 1983 regarding the distribution (geography, nationality and specialty) of those aliens who have entered the United States under such waiver. Includes within the definition of "special immigrant" certain alien physicians (and families) who entered the United States before January 10, 1978, and were practicing medicine here. Directs the Secretary of Health and Human Services, after consultation with the Attorney General, the Secretary of State, and the Director of the International Communication Agency, to report to Congress by January 15, 1983, concerning the value of medical exchange programs. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year nonrenewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien; and (4) require such transportation lines to deposit a bond to cover any fine or disputed fine relating to deportation with a district director of customs (presently with a customs collector). Makes discretionary the existing mandatory waiver of fraudulent entry deportation provisions regarding alien spouse, children, or parents of United States citizens or permanent residents. Permits nontrafficking drugs offenses to be waived for such persons. Provides that such deportation waiver shall also operate with regard to improper entry documents resulting from such fraud. Provides with regard to such cancelled deportation proceedings that the reduction of available immigrant visas shall come from the overall permanent or conditional entry visa allotment rather than from the nonpreference allotment. Permits certain nonimmigrant exchange aliens to have deportation proceedings suspended and have their status adjusted to permanent resident. Revises the category of nonimmigrant aliens who cannot have their nonimmigrant classification changed to another nonimmigrant classification without first applying to the Attorney General for such change. Repeals alien change of address requirements concerning: (1) yearly current address notification; and (2) three-month notification of current address by temporary residents. Provides with regard to the smuggling of aliens into the United States that: (1) any conveyance, including vessels, vehicles, or aircraft used for such purposes (excluding common carriers not consenting to such act and stolen conveyances), shall be subject to seizure and forfeiture; (2) any conveyance may be seized without warrant if probable cause exists and circumstances exist where a warrant is not constitutionally required; (3) specified customs laws shall apply to such seizures; (4) the Attorney General may retain for official use, sell, or require the General Services Administration to take custody of, any forfeited conveyance; and (5) in all forfeiture suits where the conveyance is claimed by any person the burden of proof shall be upon such person, provided that probable cause for such forfeiture shall first be shown by the Government. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Repeals the provisions requiring: (1) witnesses to be present at a final naturalization hearing; and (2) a 30-day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a State naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year. Prohibits an alien diplomat from having his/her status adjusted to that of a permanent resident unless such alien has shown compelling reasons that: (1) he/she is unable to return to the country of accreditation; and (2) the adjustment would be in the national interest. Authorizes the Attorney General to waive certain technical immigrant visa defects which are not the fault of the alien involved. Prohibits persons who participated in Nazi-related persecutions from departing voluntarily in lieu of a deportation proceeding or from having their status adjusted to permanent resident. Requires no specified period of residence within the jurisdiction of a naturalization court for the adopted child of certain U.S. parents not currently residing in the United States. Exempts alien investors from immigrant visa numerical limitations if as of June 1, 1978, they: (1) had applied for status adjustment; (2) were qualified as nonpreference immigrants; and (3) were exempt from labor certifications because of their actual investment and managerial role in a U.S. business.
United States · United States Congress · 28 July 1981
Pretrial Services and Bail Reform Act of 1981 - Requires the Director of the Administrative Office of the U.S. Courts to establish, under the supervision of the Judicial Conference of the United States, directly or by contract, a pretrial services agency (PSA) in each judicial district as recommended by the appropriate district court and the circuit judicial council. (Current law authorizes such agencies on a demonstration basis in ten representative districts). Places such agencies under the general authority of the Director and under the supervision of a chief pretrial services officer selected by the chief judge of the district court. (Current law places five agencies under the Office's Division of Probation and five under an independent Board of Trustees). Requires, rather than permits, regulations issued by the Director relating to the confidentiality of information contained in agencies' files to provide for certain exceptions. Continues generally the existing functions and powers of the PSA (including the discretion of the district courts to determine which shall be performed), and adds four new duties: (1) informing the court and the U.S. attorney of any danger the person may pose to another person or the community; (2) developing a system to monitor and evaluate bail activities; (3) preparing, pursuant to agreements, reports for the U.S. Attorneys Offices on information pertaining to pretrial diversion; and (4) making contracts to carry out their functions. Requires the Director to: (1) issue guidelines within 90 days of enactment with respect to the supervision of persons released into the Office's custody; and (2) include in the annual report to the Judicial Conference a report on the operation of each agency and to transmit a copy of such report to Congress. Deletes the requirement that contracts for the operation of facilities for the custody of persons released be approved by the Attorney General. Authorizes appropriations for the PSA's in the amounts of $6,000,000 for fiscal year 1982 and $8,000,000 for fiscal year 1983. Amends the Bail Reform Act of 1966 to authorize a judicial officer, in making a determination of whether a person charged with a noncapital offense should be released on bail, to consider the safety of any person or the community (in addition to assurance of appearance as currently provided). Permits consideration of a defendant's past conduct in making any such determination. Authorizes a judicial officer to order the detention for up to five days of a person who: (1) is presently on probation, parole, or mandatory release for an offense punishable under State or Federal law; and (2) poses a risk of flight or danger to the safety of any person or the community. Authorizes a judicial officer to order the pretrial detention of any person charged with: (1) a dangerous crime, upon certification by the Government that no conditions will reasonably assure the safety of the community; (2) a crime of violence if such person committed such offense while on release from another crime of violence within ten years; or (3) any offense if such person threatens any witness or juror. Requires a pretrial detention hearing to be held before any person is ordered detained. Entitles a defendant to be represented by counsel and present witnesses. Makes a defendant's testimony inadmissible in any other proceeding, except for purposes of impeachment. Conditions an order of detention upon findings: (1) by clear and convincing evidence that detention is authorized; and (2) with respect to a dangerous crime or crime of violence, that there is a substantial probability that the defendant committed the offense and that no conditions will reasonably assure the safety of the community or any other person. Authorizes a judicial officer upon motion of the Government attorney to order detained under medical supervision for up to three days a person charged with a crime of violence who may be a drug addict. Authorizes the detention of any such person under medical supervision upon findings that: (1) there is clear and convincing evidence that the person is an addict; (2) no conditions will reasonably assure the safety of the community or any other person; and (3) there is substantial probability that the person committed the offense. Authorizes a U.S. attorney to appeal a release order. Requires a person who has appealed his conviction in a capital case to be detained unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires a person awaiting sentencing in a capital case to be detained unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to person or property. Revises the penalties for failing to appear. Makes any such failure after notice of the appearance date prima facie evidence of willfulness. Requires any term of imprisonment imposed for a failure to appear to be served consecutively to any other term. Establishes mandatory, additional penalties for commission of an offense while on pretrial release. Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court.
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 · 23 July 1981
Emergency Fire Department and Rescue Squad Volunteer Protection Act of 1981 - Allows Federal and District of Columbia government employees up to four hours paid leave per week for purposes of responding to an emergency as a member of a volunteer fire department or volunteer rescue squad that operates under an agreement with any local government. Provides that in the event an employee should use more than the allowed four hours of leave time such employee shall be allowed to work overtime without pay in order to compensate for such time.
United States · United States Congress · 23 July 1981
Volunteer Fire Department and Rescue Squad Act of 1981 - Amends the Internal Revenue Code to provide that bonds issued by a volunteer fire department to finance the acquisition, construction, reconstruction, or improvement of firefighting property shall be treated as obligations of a local government and the interest on such bonds shall be excluded from gross income. Provides that a volunteer fire department qualifies for such tax treatment of its bonds if it: (1) is organized and operated to provide firefighting services in an area which does not have any other firefighting services; (2) is required by a local government to furnish firefighting services; and (3) makes no charge for its services.
United States · United States Congress · 22 July 1981
Coal Pipeline Act of 1981 - Amends the Interstate Commerce Act to authorize a person to apply to the Interstate Commerce Commission (ICC) for a certificate of public convenience to construct, operate, or maintain a coal pipeline or to extend an existing coal pipeline. Directs the Commission to approve the application if the public convenience will be enhanced. Permits any person holding such a certificate to acquire rights-of-way on private lands by exercise of the power of eminent domain. Limits the scope of such exercise regarding rights to water or to certain historic or significant lands. Requires coal pipeline certificate holders to fulfill relevant common carrier transportation and service obligations. Requires the line pipe of all pipelines to be located underground, to the maximum extent practicable, consistent with environmental protection, safety, and good engineering and technological practices. Authorizes the Secretary of the Interior to grant or renew to a certificate holder rights-of-way on Federal lands for the construction, operation, maintenance, or extension of coal pipelines. Requires the Secretgary to first consult with the heads of other agencies which may administer such Federal lands. Requires a right-of-way to be granted or renewed in accordance with specified provisions of the Federal Land Policy and Management Act of 1976. Authorizes the Secretary to prescribe additional terms and conditions. Exempts existing coal pipeline rights-of-way and law suits commenced prior to enactment of this Act from certain provisions of this Act. Prohibits the United States or its agents from using or claiming water within any State for a coal pipeline unless pursuant to State substantive and procedural law. Directs the Secretary of Transportation to issue regulations establishing uniform Federal standards applicable to certain aspects of coal pipeline facilities. Exempts existing coal pipelines from certain such standards. Authorizes the Attorney General, at the request of the Secretary of Transportation, to institute a civil action to enforce any such regulation. Authorizes the Attorney General, at the request of the Secretary of the Interior, to institute a civil action to enforce any provision of this Act. Sets forth civil and criminal penalties for any person failing to comply with any provision or regulation of this Act.
United States · United States Congress · 21 July 1981
Provides that the repeal of the minimum social security benefit provisions under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act shall not apply to individuals who are currently entitled to monthly insurance benefits or who initially become entitled to such benefits before 1984. Authorizes appropriations.
United States · United States Congress · 21 July 1981
Expresses the sense of Congress that the President should: (1) prohibit U.S. participation in the Yamal natural gas pipeline project in the Soviet Union; (2) urge Western European nations and Japan not to participate in such project; (3) propose and enlist the cooperation of Western European nations and Japan in an alternative energy diversification project; and (4) promote this alternative energy diversification project.
United States · United States Congress · 16 July 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to impose criminal penalties for the alteration, purchase or sale, or counterfeiting of a social security card or for possession of a social security card or counterfeit social security card with intent to sell or alter.
United States · United States Congress · 26 June 1981
Amends the Occupational Safety and Health Act of 1970 to require that in the issuance of any standard dealing with toxic materials or harmful physical agents the determination with respect to feasibility shall include a finding by the Secretary of Labor that the costs of compliance with the standard bear a reasonable relationship to the benefits of compliance.
United States · United States Congress · 18 June 1981
Federal Computer Systems Protection Act of 1981 - Amends the Federal criminal code to establish penalties for using or attempting to use a computer which: (1) is operated on behalf of the Federal Government or a financial institution (where the prohibited conduct directly affects the computer operation); or (2) operates in interstate commerce, with intent to defraud, obtain property by false pretenses, embezzle, steal, or knowingly convert the property of another. Specifies factors which Federal law enforcement officers must consider in determining whether to exercise jurisdiction over such offense, where concurrent jurisdiction exists with a State or local government. Directs the Attorney General to report annually to Congress on the extent of the exercise of such Federal jurisdiction.
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 · 11 June 1981
Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to require a judicial officer, in setting conditions for pretrial release for any person charged with certain narcotics offenses, to consider which conditions will reasonably assure the safety of the community, the personal safety of persons in the community, and the prevention of similar offenses by such person. Requires a judicial officer to deny release to any person charged with a narcotics offense who: (1) has previously been convicted of a felony narcotics offense under Federal, State, or foreign law; (2) is on parole, probation, or other conditional release for a felony offense under Federal or State law; (3) is an illegal alien; (4) was arrested in possession of a false passport; or (5) has been convicted of being a fugitive from justice. Requires the Government to provide clear and convincing evidence that the person charged falls within any such category and to establish that there is substantial probability that the person committed the offense . Permits the judicial officer to grant release to a person who has not been previously convicted of a felony narcotics offense upon a finding of special mitigating factors. Requires that the case of a person who is denied release be placed on an expedited calendar.
United States · United States Congress · 3 June 1981
Missing Children Act - Directs the Attorney General to collect and preserve information which would assist in: (1) the identification of any deceased individual who has not been identified within 30 days of his or her death; and (2) the location of any missing child who is under the age of 17, does not have a history of running away, and has been missing for at least 48 hours.
United States · United States Congress · 2 June 1981
Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide coverage under the Old Age, Survivors and Disability Insurance program for Members of Congress and congressional employees.
United States · United States Congress · 2 June 1981
Critical Industry Reindustrialization Tax Act of 1981 - Amends the Internal Revenue Code to extend the targeted jobs income tax credit to the training of skilled labor in labor-shortage business or industry. Defines "labor-shortage business or industry" as any business or industry which either the Secretary of Defense or Labor has certified as having more available skilled jobs than available skilled workers and trainees. Provides for a credit of 50 percent of first year wages and 30 percent of second year wages paid to skilled labor workers. Makes inapplicable to skilled labor workers the restriction that only $6,000 of first and second year wages paid to new employees be taken into account for purposes of the targeted jobs credit. Makes permanent the jobs credit for skilled labor employees.