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![Official portrait of Sen. East, John P. [R-NC]](https://www.congress.gov/img/member/e000017_200.jpg)
United States · Official source
679 records where Sen. East, John P. [R-NC] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 28 January 1982
Requests the President to designate the week of February 7 through February 13, 1982, as National Crime Prevention Week.
United States · United States Congress · 28 January 1982
Requests the President to designate February 11, 1982, as National Inventors' Day.
United States · United States Congress · 28 January 1982
Expresses the disapproval of Congress of the Federal Trade Commission's final rule relating to used motor vehicles submitted to Congress on January 28, 1982.
United States · United States Congress · 16 December 1981
Bankruptcy Improvements Act of 1981 - Amends title 11 (Bankruptcy) of the United States Code to establish an eligibility test for liquidation bankruptcy relief based on the individual petitioner's inability to pay a reasonable portion of his debts out of future income. Permits the court to dismiss a bankruptcy case upon the motion of any party in interest filed prior to the conclusion of the meeting of creditors, and after notice and a hearing, if the debtor is ineligible for relief under such title because he is able to pay a reasonable portion of his debts out of future income. Requires the bankruptcy judge to preside at any meeting of creditors and to perform such additional judicial duties as may be required. Declares that the value of the creditor's interest in the estate's interest in consumer goods 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 estimated income and expenses for the year following filing of his petition. 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. Presumes nondischargeable any debt which was incurred on or within 45 days before the date of the filing of a petition under such title nondischargeable. Allows for rebuttal of such presumption. 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 and of any reaffirmation of debt. Limits the trustee's power to avoid liens or recover payments made within 90 days of the filing of the 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 within thirty days after 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 a reasonable portion of 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, but was prevented from so doing by unforeseen cirucmstances.
United States · United States Congress · 16 December 1981
Criminal Procedures Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to establish for second offenders a mandatory sentence of life imprisonment and a minimum term of parole eligibility of 20 years. Expands the forfeiture provisions of RICO and the Continuing Criminal Enterprise statute (CCE) to include all profits and proceeds of unlawful activities. Permits the court to direct the forfeiture of other assets of a defendant where proceeds cannot be located or are otherwise beyond Federal jurisdiction. Includes an enhanced forfeiture provision for second offenders. Directs the Attorney General to move expeditiously to negotiate with foreign countries in order to deprive domestic criminals of foreign havens for proceeds of crimes. Amends the Bail Reform Act of 1966 to authorize the court to consider the safety of any other person or the community in determining release conditions. Authorizes the court, after a due process hearing, to order the detention of a defendant upon finding that there is clear and convincing evidence that the person is likely to flee or is a danger to another person or the community, and that no release conditions will reasonably assure such person's appearance or the safety of another person or the community. Adds to those factors to be considered by the judge in making a release or detention determination: (1) the individual's past conduct, illegal drug use, and conviction record; and (2) whether he was on probation, parole, or other release when arrested. Authorizes a judge to detain for up to ten days a person charged with an offense if it appears that the person: (1) may flee or pose a danger to another person or the community; and (2) is on pretrial release for a Federal or State felony or is on probation, parole, or other release for a Federal, State, or local offense. Revises the exclusionary rule to prohibit a court from excluding evidence procured by a law enforcement officer in good faith reliance upon a reasonable belief in the legitimacy of his action. Requires for the exclusion of evidence that the court find as a matter of law that the evidence: (1) was obtained by unconstitutional means resulting in actual prejudice to the defendant as a result of international misconduct by Government agents; and (2) would not have been known but for such unconstitutional acts. Makes the United States liable for the unconstitutional act of a law enforcement officer within the scope of employment if the violation was committed with willful intent or as the result of gross negligence or wanton disregard of the rights of the aggrieved party. Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "not guilty by reason of insanity" 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. 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. Authorizes the Attorney General to issue departmental policies and guidelines concerning criminal prosecutions. Prohibits any such regulations from creating substantive or procedural rights for individuals. Denies any court jurisdiction over any claim based solely on a failure to follow these regulations. Amends the Special Prosecutors Act to eliminate the requirement that a prosecutor be appointed for alleged misdemeanors. Repeals provisions authorizing a special division of the U.S. Court of Appeals for the District of Columbia to appoint special prosecutors. Revises the rules governing habeas corpus actions in Federal court. Prohibits consideration of an action brought by a State prisoner if the Federal question was properly presented under State law, unless the petitioner establishes that: (1) his custody violates Federal law; (2) the violation is of a Federal right having as its primary purpose the protection of the reliability of the factfinding or appellate process; (3) the violation was prejudicial; and (4) the violation presents a substantial question not raised before and for which there was no opportunity to raise it. Establishes a three-year statute of limitations for habeas corpus actions. Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six enumerated circumstances. Amends the juvenile delinquency provisions of the criminal code to permit Federal prosecution of a juvenile upon certification by the Attorney General that the offense charged, if committed by an adult, would be a felony punishable by a maximum penalty of five years or more, and there is a special interest warranting Federal prosecution. Revises the factors to be considered in determining whether the transfer to district court of a juvenile over the age of 16 who has committed a felony punishable by at least ten years' imprisonment is in the interests of justice. Amends the Freedom of Information Act (FOIA) to limit the right of making requests to "United States persons." Modifies the current requirement that Government agencies respond to FOIA requests within ten days to: (1) allow agencies 30 days to respond; and (2) prorate the time for compliance against the number of record pages encompassed by the request (an additional 60 days is allowed for each additional 200 pages up to a maximum period of one year). Provides that the current exemption for an agency's internal personnel information includes manuals and instructions of investigators, auditors, and negotiators, and employment examination material. Broadens the current exemption given to matters in personnel and medical files to include information which would generally constitute an unwarranted invasion of privacy, including mailing lists. Extends the current exemption given to law enforcement records to include records which: (1) "tend" to disclose the identity of confidential sources; (2) would endanger the physicial safety of any natural person (instead of only law enforcement personnel); and (3) relate to investigations of terrorism, organized crime, or foreign counterintelligence. Requires disclosure of only segregable portions of records which are not already in the public domain. Requires agencies carrying out law enforcement functions to furnish the same general standardized written response to persons requesting records in cases where: (1) the agency does not have the records requested; or (2) the records are protected because disclosure would reveal that a criminal investigation is in progress.
United States · United States Congress · 16 December 1981
Violent Crime Act of 1981 - Amends the Federal criminal code to establish a mandatory minimum sentence of five years' imprisonment for dangerous special offenders. Makes such defendants ineligible for probation or parole. Extends the category of dangerous special offenders to include defendants who: (1) use or threaten to use a firearm or dangerous weapon during commission of the felony; and (2) inflict serious bodily injury upon another individual while committing, attempting to commit, or concealing commission of the felony. Broadens the coverage of the prohibition against killing designated U.S. employees to include killing any U.S. employee on account of the performance of his or her official duties. Applies the current prohibition against Congressional assassination or assault to heads of executive departments. Establishes as new Federal crimes: (1) contract murder or assault; (2) assaulting, kidnapping, murdering, or threatening the relative of any Federal employee with intent to interfere with such employee's official duties; and (3) robbery of a pharmacy engaged in interstate sales by anyone who has previously engaged in a pattern of such robberies. Sets as a specific goal of the Justice Department's narcotics law enforcement policy the identification and elimination of the 100 most sophisticated narcotic trafficking organizations in America. Directs the Attorney General to report to Congress on how reorganization of the Drug Enforcement Administration and the Department's general narcotics control policy will accomplish this goal.
United States · United States Congress · 15 December 1981
Amends the Federal criminal code to increase from $5,000 to $50,000 the authorized fine for nondiplomatic agents of foreign governments who act in the United States without prior notification to the Federal authorities. Transfers administration of this offense from the Secretary of State to the Attorney General. Directs the Attorney to set forth notification regulations and to transmit copies of notifications to the Secretary of State.
United States · United States Congress · 11 December 1981
Amends the Controlled Substances Import and Export Act to increase the penalties for importing a quantity of marihuana exceeding one thousand pounds.
United States · United States Congress · 11 December 1981
Energy Mobilization Act of 1981 - Title I: General Provisions - Declares that the purposes of this Act are to improve the United States' balance of payments, reduce the threat of economic disruption from oil supply interruptions, and reduce U.S. dependence on imported oil by establishing a process for expediting agency action with respect to priority energy projects designed to facilitate energy conservation, production, and research and development. Defines the terms used in this Act. Excludes from coverage under this Act nuclear energy projects. Title II: Council on Energy Mobilization - Directs the President to establish within the Executive Office of the President a Council on Energy Mobilization to carry out this Act. Empowers the Council to issue subpoenas. Requires the Council to provide Congress with any information it may request. Directs the Council, upon designation of any energy project as a priority energy project, to notify the Governor of each State in which such project is or may be located. Authorizes each such Governor to appoint a nonvoting representative to participate in matters respecting such project. Title III: Priority Energy Projects - Directs the Council to establish procedures for submission of applications to the Council for an order designating an energy project as a priority energy project. Permits any person planning or proposing an energy project to apply to the Council for a priority designation. Directs the Council to publish a notice in the Federal Register of any applications filed and make such applications available for public inspection and comment. Requires the Council to designate a project as a priority energy project, reject the application, or determine additional time is needed to consider the application within 60 days of receipt of an application. Requires publication of such Council decisions in the Federal Register. Directs the Council to publish in the Federal Register a Project Decision Schedule for all Federal agency decisions and actions relating to a priority energy project within 30 days of a priority designation. Requires the Council to negotiate and enter into written cooperative agreements, where possible, with affected non-Federal agencies to establish deadlines for non-Federal agency decisions or actions on a Project Decision Schedule. Limits Project Decision Schedules to 12 months, with specified exceptions. Authorizes the Council to establish special procedures in the Project Decision Schedule for any Federal agency subject to such schedule designed to consolidate agency procedures, eliminate unnecessary duplication, and provide uniformity. Directs the Council to request affected non-Federal agencies to suggest a timetable for their actions with respect to priority energy projects. Directs the Council on Environmental Quality (CEQ) to determine if a Federal agency decision or action with respect to a priority energy project will be a major Federal action significantly affecting the environment and to designate, if necessary, a lead agency to supervise the preparation of an environmental impact statement. Authorizes the Council to make such determination or designation if the CEQ fails to do so before establishment of the Project Decision Schedule. Permits all Federal agencies governed by a Project Decision Schedule to establish special procedures to aid them in meeting the deadlines under such schedules. Directs the Council to monitor compliance by the agencies and the project with a Project Decision Schedule. Authorizes the Council to modify a Project Decision Schedule at any time. Empowers the President to act upon Council recommendation, in lieu of any Federal agency which fails to make a decision or take action within the time required by a Project Decision Schedule. Permits a Project sponsor to bring an action in U.S. district court to require compliance if a Federal agency has failed or is likely to fail to comply with a Project Decision Schedule. Grants the Temporary Emergency Court of Appeals exclusive jurisdiction to review all rulings of such district court. Permits the Council to terminate a priority designation at any time. States that such a termination renders this Act no longer applicable to such project. Permits reapplication for a priority designation. Title IV: Judicial Review - Sets forth procedures governing judicial review by the Temporary Emergency Court of Appeals of actions with respect to priority energy projects. Makes judgments or orders by the Temporary Emergency Court of Appeals subject to review by the Supreme Court under certain circumstances. Limits any grant of temporary injunctive relief to 120 days. Specifies the types of actions over which the Temporary Emergency Court of Appeals shall have original and exclusive civil jurisdiction, as well as those actions which shall not be subject to judicial review. Title V: Application of New Federal Statutes or Regulations to Priority Energy Projects - Permits the sponsor of a priority energy project to petition the Council for relief from any Federal law or regulation enacted or issued after the date of the priority designation but before commercial operation begins which would substantially impede project completion. Authorizes the Council to recommend to the President the suspension of final regulations or statutes as they apply to such a project. Permits such a suspension only upon Council determination that it would not threaten public health or safety and only for a period of up to ten years. Requires a separate suspension for each Federal statute affected. Makes each suspension granted applicable to only one priority energy project. Prohibits suspensions which: (1) relate to labor standards, civil rights, securities laws, the Internal Revenue Code, or antitrust laws; (2) violate a primary air quality standard under the Clean Air Act; (3) abridge any person's Constitutional rights; (4) contravene any interstate compact, State or local law, or Federal contract relating to water rights; or (5) suspend, modify, or amend any Federal, State, or local criminal code. Title VI: Miscellaneous Provisions - Directs the Council to report annually to Congress on the current status of its activities, on the status of each priority energy project, and on energy projects which are being delayed for any reason. Requires an annual report to Congress which contains a comprehensive list and analysis of all Federal laws that significantly hinder energy project completion. States that this Act shall not affect State law governing the appropriation, use, or diversion of water. Authorizes appropriations to carry out this Act.
United States · United States Congress · 10 December 1981
Requests the President to designate 1982 as the National Year of Disabled Persons.
United States · United States Congress · 10 December 1981
Expresses the sense of the Senate that Ziad Abu Eain should be remanded to the custody of Israeli officials and that the Secretary of State should take the actions necessary to ensure his extradition to Israel.
United States · United States Congress · 20 November 1981
Requests the President to designate February 22, 1982, as a day of national celebration in honor of the two hundred and fiftieth anniversary of the birth of George Washington.
United States · United States Congress · 12 November 1981
Requests the President to designate May 7, 1982, as "Vietnam Veterans' Day."
United States · United States Congress · 10 November 1981
Amends the Employee Retirement Income Security Act of 1974 to allow the termination, after September 2, 1974, and before January 1, 1982, of certain single-employer pension plans maintained by enterprises created pursuant to specified corporate divestiture orders by the Federal Trade Commission.
United States · United States Congress · 10 November 1981
Requests the President to designate the week of November 7, 1982, as National Disabled Veterans Week.
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 · 9 November 1981
Requests the President to designate the week of February 28, 1982, through March 6, 1982, as National Construction Industry Week.
United States · United States Congress · 9 November 1981
Expresses the sense of the Congress that: (1) the United States and Japan should exert maximum efforts to resist Soviet challenges to Asia; (2) Japan should make a greater contribution to its own defense; and (3) Japan's defense expenditures should be at least one percent of its gross national product.
United States · United States Congress · 9 November 1981
Expresses the concern of Congress with the denial of the rights of the Afghan people. Recognizes the traditional U.S. commitment to the right of all people to independence and autonomy and the applicability of that commitment to Afghanistan.
United States · United States Congress · 29 October 1981
Federal Recordkeeping and Civil Action Limitation Act of 1981 - Prohibits any Federal agency, except as otherwise provided by the Internal Revenue Code, from: (1) requiring any person to maintain, prepare, or produce records of an event more than three years after the event has occurred; (2) commencing an action against a person for a violation of a regulation more than three years after such violation has occurred; or (3) penalizing any person for an action which violates a rule if the rule was not in effect at the time of such action. Declares that such prohibitions shall not apply in any case involving dangerous material, fraud, a willful violation, or a misleading statement of material fact.
United States · United States Congress · 28 October 1981
Labor Management Racketeering Act of 1981 - Amends the Labor Management Relations Act, 1947 (Taft-Hartley Act) to increase penalties for specified violations of restrictions on financial transactions. Makes violations involving more than $1,000 felonies punishable by up to $15,000 fines and/or five years' imprisonment. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor-Management Reporting and Disclosure Act of 1959 to revise prohibitions against persons guilty of criminal offenses holding specified offices or positions involving employee benefit plans, labor organizations, or labor relations consultation to employer organizations. Increases the types of positions from which an individual is barred upon conviction of enumerated crimes. Requires immediate removal of such individual upon conviction (rather than after appeal) of enumerated crimes and crimes relating to the position. Increases, from five years to ten years, the time during which a convicted individual is prohibited from holding such offices or positions. Raises, from one year to five years, the maximum time of imprisonment for violations of such prohibitions. Prohibits any person from knowingly hiring, retaining, employing, or otherwise placing any other person to serve in a capacity in violation of such prohibitions. Provides that any salary payable but for such prohibition shall be placed in escrow pending final disposition of any appeal. Sets forth the responsibility of the Secretary of Labor to detect and investigate violations of ERISA and other provisions for protecting employee benefit rights, without precluding such detection and investigation by other appropriate Federal agencies.
United States · United States Congress · 27 October 1981
Metric Conversion Repeal Act of 1981 - Repeals the Metric Conversion Act of 1975.
United States · United States Congress · 15 October 1981
Voluntary School Prayer Act of 1981 - Eliminates Supreme Court and Federal district court jurisdiction to review and hear any case arising out of State law relating to voluntary prayer in public buildings and schools.
United States · United States Congress · 7 October 1981
Expresses the sense of the Senate that any agreement for a transfer by the United States of the airborne warning and control system (AWACS) to a foreign country shall include all the requirements under the Arms Export Control Act and in the standard Letter of Offer and Acceptance, as well as specified terms and conditions. Requires that the United States immediately terminate all support for the AWACS if any of these contractual provisions are breached. Requires that only countries that promote peace and stability receive AWACS. Directs the President to certify to the Senate Foreign Relations Committee that the conditions specified in this Act have been met before the actual transfer of any part of the AWACS.
United States · United States Congress · 5 October 1981
Missing Children Act - Authorizes the Attorney General to collect and exchange information which would assist in the identification of unidentified deceased individuals, and the location of missing persons, including missing children.
United States · United States Congress · 1 October 1981
Directs the United States Postal Service to provide and sell a postage stamp issue to commemorate the two hundredth anniversary of the presence of the bald eagle on the official seal of the United States of America. Provides that such stamp shall be issued in the denomination applicable to first-class mail up to one ounce in weight. Directs that such stamp shall be issued during the week of June 20, 1982.
United States · United States Congress · 1 October 1981
Amends titles 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 · 21 September 1981
Neighborhood School Transportation Relief Act of 1981 - Eliminates inferior Federal court jurisdiction to issue any order: (1) requiring the assignment of any student to a public school for the purpose of altering the racial or ethnic composition of its student body; (2) requiring the closing of any public school for such purpose; or (3) precluding any education board from fulfilling any contract provision regarding the assignment of faculty or administration to a public school.
United States · United States Congress · 17 September 1981
Criminal Code Reform Act of 1981 - Title I: Codification, Revision, and Reform of Title 18 - Amends title 18 of the U.S. Code, the Federal criminal code. Subdivides such title into the following parts: (1) general provisions and principles; (2) offenses; (3) sentences; (4) administration and procedure; and (5) ancillary civil proceedings. Part I: General Provisions and Principles - Sets forth the general purpose and application of title 18, general principles of criminal liability, and over 100 general definitions. States that the existence of Federal jurisdiction is not an element of any offense. Provides that particular offenses may include separate jurisdictional requirements. Enumerates factors which Federal law enforcement officers should consider in determining whether to exercise jurisdiction concurrently with a State. Directs the Attorney General to consult with State and local governments on the exercise of Federal jurisdiction and to report annually to Congress on the extent of this exercise. Permits information obtained in the exercise of Federal jurisdiction to be shared with State or local law enforcement officers exercising concurrent jurisdiction. Declares that Federal jurisdiction is not generally preemptive of State jurisdiction, but enumerates offenses with respect to which the Attorney General may order preemption. Decreases from 78 to four the mental states for criminal culpability ("intentional", "knowing", "reckless", and "negligent"). Sets forth general rules for criminal complicity. Makes a person who facilitates completion of an offense by providing substantial assistance liable as a facilitator. Codifies the rule making a coconspirator liable for the reasonably foreseeable criminal conduct of another person (the "Pinkerton doctrine"). States as a general principle that the Federal courts shall determine bars to prosecution, defenses, and affirmative defenses in accordance with common law. Sets forth a general statute of limitations of five years for a felony or misdemeanor and one year for an infraction (currently such limits vary with the offense). Permits an extended period for certain concealable offenses, such as fraud or misconduct in office. Reduces generally from 18 to 17 years the age of responsibility for adult criminal conduct. Permits the prosecution of individuals under the age of 17 for crimes of violence and certain narcotics offenses. Part II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) offenses of general applicability, including attempt, conspiracy, and solicitation; (2) offenses involving national defense; (3) offenses involving international affairs; (4) offenses involving government processes; (5) tax offenses; (6) offenses involving individual rights; (7) offenses against the person; (8) offenses against property; and (9) offenses involving public order, safety, health, and welfare. Replaces the particularized penalties for specific offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to F); three classes of misdemeanors (A to C); and an infraction; and (2) levels of fines according to the type of offense and defendant (individual or organization). Repeals the Logan Act (prohibiting private communication with a foreign government to influence foreign policy), the Smith Act (prohibiting advocating the overthrow of the Government), and the current prohibition against spreading false information during wartime with intent to aid the enemy. Includes among new Federal offenses: (1) general attempt and solicitation; (2) engaging in para-military activity for the purpose of taking over a government agency; (3) conspiring in the United States to kill, maim, or kidnap a foreign official; (4) obstructing a government function by fraud or by physical interference; (5) a general crime of false swearing; (6) failing to keep a Government record with intent to defraud in connection with benefits provided by a Federal program; (7) speculating on official action or information; (8) a series of offenses covering election fraud; (9) possession of an eavesdropping device; (10) possession of burglar's tools; (11) trafficking in stolen property; and (12) operating a racketeering syndicate. Revises numerous offenses, including the following changes. Adds a new "renunciation" defense to the offense of conspiracy and to the new offenses of attempt and solicitation. Limits the offense of "impairing military effectiveness" to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired. Revises "criminal contempt" to impose a maximum prison sentence of six months and a fine of $10,000 for an individual and $100,000 for an organization (current law imposes no such limits). Modifies "obstruction of justice" to detail prohibited activities with respect to tampering with a witness, victim, or informant. Changes the offense of "bail jumping" to vary the penalties according to the category of offense. Makes an oral false statement to a Government official an offense only where: (1) the speaker knows the official is a law enforcement officer; and (2) the statement is volunteered or made after the speaker has been advised that making a false statement is an offense. Requires corroborating evidence that the offender made the alleged statement. Adds a new defense of retraction to the offense of "making a false statement." Revises "tax evasion" to eliminate the net tax deficiency requirement. Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); and (3) eliminate the specific intent requirement. Prohibits discrimination on the basis of sex (current law includes race, color, religion, or national origin) in violation of a person's right not to be subject to sex discrimination. Extends Federal jurisdiction over any contract murder involving interstate commerce, homicide committed on a railroad vehicle operating in commerce, or murder of a U.S. Secret Service protectee. Revises various sex offenses to eliminate distinctions as to the sex of the offender or victim. Includes additional acts in the offense of rape. Makes punishable the rape of one spouse by the other, but applies the interspousal exemption for lesser sex offenses. States that corroboration of the victim's testimony is not required. Provides, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least three years younger than the offender. Establishes Federal jurisdiction over the offense of arson and aggravated property destruction where the offense is committed on an energy facility. Extends Federal jurisdiction over the robbery of controlled substances from a pharmacy. Consolidates numerous theft statutes under current law. Varies the penalties with the value and type of property stolen. Reduces the penalty for the temporary taking of a motor vehicle by a juvenile. Revises the crime of "executing a fraudulent scheme" to cover pyramid sales schemes. Extends Federal jurisdiction to include: (1) trafficking in a substance that is represented to be a controlled substance; (2) soliciting property in a passenger terminal; and (3) obtaining at least $100,000 in insurance proceeds through the offense of arson. Extends Federal jurisdiction over the counterfeiting of securities or bonds issued by an organization or State or local government. Establishes Federal jurisdiction over commercial bribery affecting Federally- funded programs. Extends the scope of labor bribery to include bribery involving union membership procedures and work placement. Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding the higher of 45 percent or twice the interest rate on U.S. obligations. Establishes a mandatory two-year minimum sentence for trafficking in an opiate unless the court finds specified mitigating circumstances. Increases the authorized term of imprisonment for trafficking in large amounts of an opiate or phencyclidine (PCP). Increases the fine for trafficking in large amounts of marihuana. Limits the current offense of using or carrying a firearm during commission of a Federal felony to crimes of violence. Expands this crime to include displaying any destructive device or other dangerous weapon or imitation thereof. Establishes a mandatory two-year minimum sentence unless the court finds specified mitigating circumstances. Narrows the applicability of "riot offenses" by: (1) requiring the actual occurrence of a riot; and (2) defining "riot" as involving at least ten persons (three in current law). Conforms the definition of "obscene material" to Supreme Court decisions for purposes of the offense of "disseminating obscene material." Defines "community" standards as those in the Federal district in which the obscene material is disseminated. Part III: Sentences - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission. Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. 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. Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions. Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment. Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence in excess of one year, to include a term of supervised release after imprisonment. Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty provision for aircraft hijacking. Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to five or more years of imprisonment. Part IV: Administration and Procedure - Amends the wiretapping law to restrict the interception of communications without a court order in emergency situations to the offenses of treason, sabotage, espionage, or an offense involving risk of death (current law limits it to conspiracies involving national security or organized crime). Establishes new procedures requiring authorization for investigative use of a "call register" (a mechanical device which records numbers dialed on the telephone line to which it is attached). Leaves generally unchanged the rules respecting venue for offenses committed in more than one district. Limits the prosecution of disseminating obscene material to the districts where the material was disseminated or the offense was completed (current law allows prosecution in any district through which the material moves). Replaces the Bail Reform Act of 1966 with new bail procedures. Authorizes a judicial officer to consider the safety of any person or the community when making pretrial release determination. Eliminates execution of a money bond as a condition for pretrial release. Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure his appearance, and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense. Permits a judicial officer to order the temporary detention (up to ten days) of a person who is presently on release, if no conditions will assure his appearance and the safety of the community. Permits a defendant to be released after conviction and pending appeal only upon a showing that: (1) he 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. Establishes a new intake screening requirement for juvenile cases for the purposes of considering alternatives to prosecution. Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as currently provided. Establishes a new civil commitment procedure for persons found not guilty only by reason of insanity. Permits in a felony or class A misdemeanor case, unless contrary to a plea agreement, a defendant to appeal a sentence greater than the maximum allowed under the Sentencing Commission's guidelines, or a sentence including an order of notice or restitution. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum. Treats criminal fine judgments as tax liens. Part IV: Ancillary Civil Proceedings - Consolidates and enumerates 24 offenses for which the Attorney General may initiate civil forfeiture proceedings. Establishes in the Treasury a Victim Compensation Fund from which victims of Federal offenses may be compensated upon filing a claim with the United States Victim Compensation Board established by this Act. Title II: Amendments to the Federal Rules of Criminal Procedure and the Federal Rules of Evidence - Makes a number of specific amendments to the Federal Rules of Criminal Procedure and the Federal Rules of Evidence. Title III: Amendments to Title 28 United States Code - Establishes the United States Victim Compensation Board to administer the victim compensation program created by this Act. Establishes as an independent body in the judicial branch the United States Sentencing Commission to establish sentencing policies and practices for the Federal criminal justice system. Title IV: General Provisions - Sets forth general provisions including that this Act shall take effect, with specified exceptions, 30 months after the date of enactment. Title V: Technical and Conforming Amendments Cross-Referenced in Title 18 - Makes technical and conforming amendments. Title VI: Codification and Revision of Title 18 Appendix Reenactment and Redesignation of Former Sections of Title 18 - Transfers certain offenses contained in current title 18 to a new title 18 Appendix. Title VII: Technical and Conforming Amendments to Provisions Outside Title 18 and Title 18 Appendix - Makes technical and conforming amendments.
United States · United States Congress · 15 September 1981
Department of Energy Organization Act Amendments of 1981 - Amends the Department of Energy Organization Act to transfer from the Secretary of Energy to the Federal Energy Regulatory Commission (FERC) functions relating to the transportation of oil by pipelines, except that FERC's authority to determine rates for the transportation of oil by pipeline shall be limited to determining rates for the trans-Alaska pipeline.
United States · United States Congress · 15 September 1981
Expresses the disapproval of Congress of the Federal Trade Commission's final rule relating to used motor vehicles submitted to Congress on September 10, 1981.
United States · United States Congress · 10 September 1981
Amends the Crude Oil Windfall Profit Tax Act of 1980, as amended by the Economic Recovery Tax Act of 1981, to repeal the termination date for the partial tax exclusion of dividends and interest. Increases the amount of such exclusion.
United States · United States Congress · 9 September 1981
Requests the President to designate October 7 of each year as "National Guard Day."
United States · United States Congress · 9 September 1981
Expresses Senate disapproval of District of Columbia Act 4-69 relating to the reform of the D.C. sexual assault laws.
United States · United States Congress · 31 July 1981
Changes from 90 to 180 days the time limitation under which the President may order members of the Selected Reserve to active duty other than during war or national emergency. Increases from 100,000 to 250,000 the number of members who may be so ordered. Authorizes the President, during such period, to suspend applicable law relating to promotion, retirement, or separation. Directs the President to give Congress written notification of any national security reasons requiring the extension of the time limit.
United States · United States Congress · 31 July 1981
Requests the President to designate the month of October 1981 as National PTA Membership Month.
United States · United States Congress · 31 July 1981
Requests the President to designate the week of October 5 through October 11, 1981, as "National Productivity Improvement Week."
United States · United States Congress · 31 July 1981
Expresses Senate disapproval of U.S. participation in the meeting of the Interparliamentary Union at Havana, Cuba.
United States · United States Congress · 30 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 · 30 July 1981
Requests the President to designate the week beginning October 4, 1981, as "National Port Week."
United States · United States Congress · 21 July 1981
Repeals the Davis-Bacon Act, which requires the rate of wages for workers employed on similar projects in the same area.
United States · United States Congress · 15 July 1981
Congratulates the State of Oklahoma on the celebration of its Diamond Jubilee.
United States · United States Congress · 8 July 1981
Directs the Postmaster General to issue a commemorative postage stamp to honor the seventieth anniversary of the founding of the Girl Scouts of the United States of America. Provides that such stamp shall be issued in the denomination used for first-class mail up to one ounce in weight and shall be placed on sale on March 12, 1982.
United States · United States Congress · 8 July 1981
Airline Deregulation Amendments Act of 1981 - Amends the Federal Aviation Act of 1958 to modify the definition of "ticket agent" as used in such Act. Directs air carriers to file with the Civil Aeronautics Board until December 31, 1982, individual and joint fares and charges, classifications, rules, and services for or in connection with interstate and overseas passenger air transportation. Requires that such filings shall be made to the Secretary of Transportation between January 1, 1983, and December 31, 1984. Prohibits air carriers and ticket agents from charging or collecting greater or less or different compensation than that specified in such filings. Transfers the authority of the Board relating to foreign air transportation to the Department of Transportation. Accelerates to January 1, 1983, the transfer of specified authority of the Board. Allows the Board to approve any contract or agreement that reduces or eliminates competition if it finds that the contract or agreement is necessary to secure important public benefits, including the marketing and sale of transportation through ticket agents. Sets forth the expiration dates for specified authority of the Secretary relating to contract approvals. Revises the expiration date and contents of the Secretary's (formerly the Board's) report to Congress concerning the implementation of such Act. Prohibits the Board from issuing any final order or rule in regard to agreements among air carriers and agreements among foreign air carriers insofar as those agreements provide for the accreditation and supervision of travel agents. Directs the Board to forward the recommendations and analyses concerning such proceedings to the Secretary for final disposition. Prohibits the Board and the Department from attaching an expiration date on any certificate of public convenience and necessity. Deletes provisions concerning the issuance of such certificates for temporary authority to provide air transportation. Permits an air carrier to file an application with the Secretary seeking to revoke a temporary or experimental certificate to engage in foreign air transportation. Directs the Secretary to grant such application according to specified criteria. Requires that each air carrier or foreign air carrier shall keep on file with the Board after January 1, 1983, the established divisions of all joint rates, fares, and charges for air transportation in which such carrier participates.
United States · United States Congress · 8 July 1981
Commends the disabled individuals who climbed Mount Rainier, Washington, on July 3, 1981.
United States · United States Congress · 25 June 1981
Amends the Labor Management Relations Act, 1947, to permit employers to sue individual officers and members of a labor organization who, while acting in their personal and nonunion capacity and not on behalf of a labor organization, violate a no-strike clause in a collective bargaining agreement.
United States · United States Congress · 25 June 1981
Requests the President to designate October 10, 1981, as "National Jogging Day."
United States · United States Congress · 23 June 1981
Expresses the sense of the Senate that: (1) military personnel and native Americans on reservations should not have to pay tuition for their children's elementary and secondary public education; (2) local school districts with substantial percentages of students from homes where parents live and work on Federal property or live on Indian reservations should be financially assisted in meeting such students' educational needs; (3) negotiations between the Departments of Defense and Education and between the Senate Committees on Labor and Human Resources and on Armed Services are positive steps toward resolving impact aid difficulties caused by proposed budget cuts; (4) the Select Committee on Indian Affairs and the Secretary of the Interior should take part in such negotiations; and (5) a compromise leading to an equitable solution to the impact aid dilemma is in the best interests of the United States.
United States · United States Congress · 22 June 1981
Declares that it is the general policy of the Federal Government to rely on competitive private industry to supply the products and services it needs. Requires the Director of the Office of Management and Budget, in coordination with the Administrator of the Office of Federal Procurement Policy, to administer such policy.
United States · United States Congress · 18 June 1981
Amends the Freedom of Information Act to exempt from disclosure records maintained by the Secret Service in connection with its protective functions. Amends the Federal criminal code to extend the scope of the current provision authorizing a physical zone of protection for the President to all Secret Service protectees. Establishes a new offense of threatening to kill, kidnap, or inflict bodily harm upon a former President, major presidential or vice-presidential candidate or spouse of a candidate, or member of the immediate family of the President or Vice President. Limits the Secret Service protection of the spouse and minor children of a former President to a period of six months. Authorizes the Secretary of the Treasury to extend such protection if necessary. Extends the authority of the Secret Service to investigate fraud against the Government and offenses involving the electronic transfer of data for U.S. or foreign government funds. Authorizes the reimbursement of Secret Service agents for subsistence expenses while on protective missions on a 24-hour basis in a nontravel status. Establishes a new offense of forging endorsements on Treasury checks or United States bonds or securities.