United States · United States Congress · 22 May 1980
Amends the Rules of the House of Representatives to authorize standing committees with more than 20 members to establish not more than six subcommittees. Sets forth a schedule for current standing committees with more than six subcommittees to reduce the number of subcommittees in the 97th and 98th Congresses. Limits Members to service on no more than five subcommittees at any one time, excluding ad hoc committees. Directs that service on select, permanent select, joint, or special committees shall be counted as service on one subcommittee. Provides that chairmen and ranking minority members of committees shall not count ex officio membership on subcommittees. Authorizes Members who currently serve on more than six subcommittees to serve on six subcommittees in the 97th Congress. States that subcommittees include any subunit of a committee established for a period of more than six months, and that members include Delegates and Resident Commissioners to the House of Representatives. Makes this resolution effective January 3, 1981.
United States · United States Congress · 21 May 1980
Equal Employment Opportunity for the Handicapped Act of 1980 - Amends title VII of the Civil Rights Act of 1964 to include discrimination because of an individual's handicapping condition as an unlawful employment practice.
United States · United States Congress · 21 May 1980
Victims of Toxic and Hazardous Substances Emergency Relief Act of 1980 - Directs the Administrator of the Environmental Protection Agency: (1) to determine promptly, but in no event later than 15 days, whether toxic or hazardous wastes pose a serious and immediate threat to the public health or safety, whenever the Administrator receives evidence that such wastes may pose a threat to the public; and (2) to submit to the President a recommendation that a state of hazardous substances emergency be declared, if the Administrator determines that such wastes pose such threat. Authorizes the President, in the President's discretion and upon recommendation of the Administrator, to declare a state of hazardous substances emergency with such amendments and deletions to the Administrator's recommendations as the President sees fit. Directs the Administrator: (1) after such state of emergency has been declared, to forward recommendations for immediate actions to protect the public health and safety to the Director of the Federal Emergency Management Agency; and (2) thereafter, to act promptly to (a) determine the extent of the contamination of air, land, and water (including ground water), and (b) screen and test the population likely to have been exposed to such wastes in a manner or degree capable of causing physical injury (including any poisoning, burn, infection, chromosomal damage, or genetic defect); (c) study crops and livestock in the affected area and identify those unfit for human consumption; and (d) evaluate alternatives to prevent further damage to human life or health. Directs the Administrator to submit initial and supplemental reports and recommendations at specified times to the Director. Requires the Director, on the basis of such reports and recommendations and other relevant information, to undertake promptly, during the first 12 months following the declaration of a state of emergency, actions necessary to protect public health and safety, including: (1) immediate relocation of the physically injured or those in serious danger; (2) permanent closing of contaminated structures and property; (3) purchase, at prior fair market value, of homes closed; (4) medical treatment to reverse, treat, or prevent physical injury or reimbursement for such treatment; (5) compensatory payments for residents whose income is interrupted due to the toxic or hazardous wastes; and (6) commencement of a screening program for early detection of future physical injury resulting from exposure to such wastes. Subrogates the United States to the rights of any individual compensated under this Act, to the extent that such individual has a cause of action against a person who has disposed of a toxic or hazardous substance and such disposal has resulted in a state of hazardous substances emergency. Requires that the emergency state be terminated 12 months after it is declared or upon the President's declaration of termination. Authorizes appropriations to carry out this Act.
United States · United States Congress · 19 May 1980
Civil Rights Improvements Act of 1980 - Amends current law (42 U.S.C. 1983) creating a Federal cause of action for the violation of a person's civil rights under color of State law to specify the circumstances under which a State or local government may be held liable for purposes of damages or other monetary relief and for injunctive or declaratory relief. Stipulates that it is not a defense for a government entity that the officer or employee clothed with the authority of such entity is personally immune from liability under common law or any statute. Makes supervisory officers, with command responsibility superior to a person engaging in actionable conduct, jointly and severally liable whenever a government unit would be liable. Permits a plaintiff to join to a claim under such law other claims deriving from a common nucleus of operative fact. Makes a State or local prosecuting officer liable for failure to disclose to a defendant in a criminal proceeding, upon request, all material evidence reasonably known to be exculpatory. Sets forth the circumstances under which a Federal court may certify a question of State law to the highest court of a State. Prohibits the dismissal or stay of civil actions under this Act on the grounds that State legal and administrative remedies were not exhausted. Limits the circumstances in which a Federal court may stay a pending State criminal prosecution. Specifies the circumstances under which, in any such action, the prior judgment of a State court shall have merger and bar effect. Requires the complaint in any such action to be filed within four years after the right of action first accrues. Prohibits a Federal court, in evaluating the need for relief under such law, from considering the availability of other remedies under State law. Makes the right to enjoy one's reputation a right secured by the due process clause of the Fourteenth Amendment of the Constitution.
United States · United States Congress · 15 May 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to enable an insured individual's spouse, who has attained the age of 50 and is not entitled to any other monthly benefits, to obtain a transition benefit for four months upon the death of the insured individual. Establishes the amount of such transition benefits at 71.5 percent of the primary insurance amount of the insured individual, or if it is higher, 71.5 percent of the primary insurance amount of the spouse.
United States · United States Congress · 15 May 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require that any surviving spouse, surviving divorced wife, or surviving divorced mother (as such term is defined in such Act) to whom an individual had been married for at least five years shall inherit all of the wages and self-employment income credited to such individual during their marriage.
United States · United States Congress · 15 May 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to grant benefits to a divorced woman who had been married for only five years after the younger spouse reached age 50. Maintains, for other marriages, the current requirement that the marriage must have lasted ten years regardless of age.
United States · United States Congress · 15 May 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the combined earnings of a married couple, which are attributable to the period of their marriage, shall be shared equally between them for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Credits the survivor of the marriage with 100 percent of the combined total wages for the period of the marriage. Declares that this Act shall not apply in specified cases where it would result in a reduction of OASDI benefits.
United States · United States Congress · 15 May 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide a married couple, at the time either or both of them become entitled to benefits, the option of splitting equally their combined earnings, which are attributable to the period of their marriage, for purposes of determining the eligibility for and amount of OASDI benefits to which each spouse is or may become separately entitled. Provides that if a couple exercises such option and one spouse is not fully insured, that spouse shall become fully insured by reason of crediting wages and self-employment income to that spouse. Grants a couple, after a divorce, two years within which to exercise the option. Provides that, if a couple chooses not to exercise the option, their benefit will be based on 75 percent of the combined primary insurance amount.
United States · United States Congress · 14 May 1980
Authorizes and requests the President to designate the seven-day period beginning October 5, 1980, as "National Port Week." Directs the Secretary of Commerce to report annually to Congress on the conditions of U.S. public ports.
United States · United States Congress · 13 May 1980
Amends the Internal Revenue Code to allow individual taxpayers a refundable income tax credit for the purchase of new passenger automobiles after May 14, 1980, and before January 1, 1981, which were manufactured by companies whose average fuel economy rating for passenger automobiles in model year 1979 equals or exceeds 120 percent of their rating for model year 1974. Establishes the amount of such credit at $500.
United States · United States Congress · 7 May 1980
Directs specified congressional leaders to designate delegates to participate in an interparliamentary meeting with delegates from the Iranian Parliament to discuss matters of mutual concern, including the release of the hostages in Iran.
United States · United States Congress · 30 April 1980
Establishes the Martin Luther King, Junior, National Historic Site in Atlanta, Georgia. Authorizes the Secretary of the Interior to establish the Martin Luther King, Junior, Preservation District which shall consist of the properties within the Martin Luther King, Junior, Historic District. Authorizes the Secretary, within the national historic site, to: (1) acquire by donation, purchase with donated or appropriated funds, transfer or exchange, lands and interests therein; (2) convey a freehold or leasehold or leasehold interest in any property, for such sums as he deems appropriate, and subject to such terms and conditions and reservations as will assure the use of the property in a manner consistent with the purposes of this Act; (3) enter into cooperative agreements with the owners of properties of historical or cultural significance; and (4) provide security and law enforcement services as authorized by law. Establishes, in the Department of the Interior, the Martin Luther King, Junior, Advisory Commission to advise the Secretary with respect to the formulation and execution of plans for the national historic site and the preservation district. Terminates such Commission ten years from the date of enactment of this Act.
United States · United States Congress · 23 April 1980
Handgun Crime Control Act of 1979 - Title I: Amendments to Chapter 44, Title 18, United States Code, Gun Control - Amends the Gun Control Act of 1968 to revise and add definitions used in the Act. Defines "handgun" to include handgun parts. Defines "Department" to mean the Department of Justice (current law is under the authority of the Secretary of the Treasury). Prohibits non-licensees from engaging in the business of repairing firearms or ammunition. Stipulates that certain otherwise lawful activities, such as the returning of a firearm by a licensee to the person from whom it was received and the mailing of a firearm to a licensee for the purpose or repair, shall be unlawful with respect to "easily concealable handguns" (that is, those handguns not approved by the Attorney General under this Act). Prohibits the loan or rental of an easily concealable handgun to another person for temporary use for lawful sporting purposes. Prohibits a licensee from selling a handgun to a person who does not appear in person at the licensee's business premises. Prohibits a licensee from selling or delivering a firearm or ammunition to any person if such sale or delivery violates a public ordinance at the place of residence of the purchaser. Revises the statement which must be submitted to a licensee by a purchaser not appearing at such licensee's business premises to provide that such purchaser be 18 years of age with respect to all firearms (current law requires a purchaser of any firearm other than a shotgun or rifle to be 21 years of age). Prohibits a licensee from manufacturing, assembling, selling, or transferring any handgun, other than a curio or relic, which has not been approved by the Attorney General. Prohibits any person from transferring such a handgun unless such person has reasonable cause to believe that the handgun has been approved. Excepts the mailing of handguns to comply with approved standards under certain circumstances. Prohibits the modification of an approved handgun resulting in the failure of such handgun to meet the approved standards. Revises the current prohibition against certain classes of individuals transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt of any firearm or ammunition; and (2) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Includes such categories in the current prohibition against selling a firearm or ammunition to certain classes of individuals. Prohibits any person from transporting a firearm or ammunition in interstate or foreign commerce in violation of a State law in a place to or through which the firearm was transported. Prohibits a licensee from transferring three or more handguns to the same non-licensee within a period of one year, without prior approval of the Attorney General. Prohibits a non-licensee from receiving three or more handguns within one year without such approval. Prohibits any person who has knowledge of the loss, theft, or disappearance of a handgun in his or her control or possession to fail to report such incident to a law enforcement officer and the Attorney General. Specifies the circumstances under which a person in lawful possession of a license or permit to: (1) carry handguns issued under a State licensing or permit granting program approved by the Attorney General may purchase or receive a handgun in any State from a licensed dealer or non-licensee; and (2) purchase handguns issued under an approved program, may purchase or receive a handgun in the State issuing the license or permit. Directs the Attorney General to review State laws providing for licenses or permits to carry or purchase handguns and to certify as approved those satisfying specified requirements. Specifies the circumstances under which (except as provided by other sections of the Act) a licensed dealer or non-licensee may transfer a handgun to another non-licensee. Sets new annual licensing fees of $5,000 for a manufacturer or importer of handguns, $500 for a dealer in handguns, $100 for a dealer in ammunition for handguns that is not also used in rifles, and $100 for a dealer who is a gunsmith. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition and such dealers from conducting business from the premises of a pawnbroker. Imposes additional requirements for the approval of a license application by the Attorney General. Increases from 45 to 90 days the period in which an application must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any provision of the Act to a civil penalty of up to $10,000 per violation. Sets forth new recordkeeping requirements for licensed importers, manufacturers, and dealers in handguns. Provides for the transfer of records where a licensee loses his or her license, transfers the business to another person, or in any way ceases doing business. Directs the Attorney General to appoint a 15-member Handgun Criteria Commission to develop criteria for the evaluation of handgun models according to frame size and other appropriate factors for determining whether such models are easily concealable, have potential for criminal use, or are particularly suitable for sporting purposes. Requires the Commission to submit a report containing such criteria within one year of enactment and to evaluate biannually the effectiveness of existing criteria. Directs the Attorney General to revise the criteria upon a determination by the Commission that handguns satisfying existing criteria are significantly involved in handgun crime. Requires final criteria to be transmitted to Congress, which may disapprove by resolution the criteria within 60 days of continuous session. Directs the Attorney General to approve for manufacture, importation, or transfer any handgun model which satisfies the established criteria after representative samples of such model are evaluated and tested. Authorizes exceptions with respect to handguns which are particularly appropriate for law enforcement purposes. Directs the Attorney General, prior to the time that criteria have been established, to evaluate samples of all handgun models and approve for manufacture, importation, or transfer handgun models which meet specified requirements. Sets forth procedures for the administrative review of a finding that a sample submitted has failed to meet the approved standards. Requires the Attorney General to publish at least semiannually in the general register a list of handgun models which have been tested and the test results. Deems approved any handgun model not in manufacture on or after October 21, 1968, and which has not been tested. Revises the penalties under such Act. Disallows, with respect to a person who uses or carries a firearm during the commission of any felony and receives an additional sentence, the suspension of such sentence, the giving of probation, or the concurrent running of a term of imprisonment (under current law such prohibitions apply only to a second or subsequent offense). Sets forth a mandatory period of parole ineligibility for such offense, unless the court finds specified mitigating circumstances. Makes any person (including a licensee) who negligently sells or transfers a handgun in violation of this Act civilly liable for the death or injury suffered by an individual as a result of the use of the handgun by the transferee in the commission of an offense that causes death or personal injury to that individual. Stipulates that certain exceptions to the provisions of the Act shall only apply with respect to handguns which have been approved by the Attorney General in accordance with the Act. Allows a mental incompetent to be relieved from the disabilities of the Act with respect to the possession, acquisition, or transfer of firearms upon specific findings by a court. Authorizes the Attorney General to permit the importation of approved handguns. Directs the Attorney General to make annual grants for each fiscal year and supplemental grants at his or her discretion for compensation of victims of handgun crime to qualifying State programs for the compensation of victims of handgun crime. Specifies eligibility criteria for such programs and the amount of authorized payments. Requires the Attorney General to submit annual reports to the congressional judiciary committees concerning such programs. Establishes a nine-member Advisory Committee on Victims of Handgun Crime to advise the Attorney General on the administration of the programs and policies relating to the compensation of victims of handgun crimes. Title II: Gun Control Functions Transferred to Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Authorizes the President to transfer additional functions of other agencies to the Department which relate to the functions transferred by this Act. Establishes within the Department of Justice the Firearms Safety and Abuse Control Administration to administer the functions of the Attorney General under the Gun Control Act of 1968. Directs the Attorney General to transmit to Congress as part of the annual report of the Department of Justice a report on the activities of the Administration. Title III: Miscellaneous Provisions - Amends the Federal criminal code to increase from 45 to 90 days the period in which an application for a user permit or a license to import, manufacture, or deal in explosive materials must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any statutory requirement to a civil penalty of up to $10,000 per violation. Directs the Postal Service to promulgate regulations for the conveyance of handguns in the mails. Directs the Advisory Commission on Intergovernmental Relations established by the Act of September 24, 1959, in consultation with the United States Conference of Mayors, the National League of Cities, and representatives of Federal, State, and local law enforcement agencies, to report within six months of enactment on: (1) intergovernmental problems in controlling illicit handgun traffic; and (2) the effectiveness of the Omnibus Crime Control and Safe Streets Act of 1968 and the Gun Control Act of 1968. Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship). Makes this Act effective 120 days after enactment, with specified exceptions.
United States · United States Congress · 2 April 1980
Corporate Democracy Act of 1980 - Title I: Directors and Shareholders - Requires any corporation which under Title VII is subject to this Act to have a majority of independent directors on its board. Defines an "independent director" to exclude any person related to the corporation through an affiliate, a director, officer or managing agent, a law firm, a bank, or a supplier or customer. Prohibits any person from serving as a director or officer for more than two corporations subject to this Act. Specifies the duty of loyalty and care owed to such corporations by their directors. Requires each corporation subject to this Act to have a supervisory committee and a public policy committee, each composed of a majority of independent members. Sets forth provisions relating to the nomination and election of directors including: (1) requiring that the degree of support necessary for inclusion of a candidate on the ballot be determined by the Securities and Exchange Commission; (2) requiring that all nominees receive equal amounts of money and access to corporate resources in soliciting proxies; and (3) strictures against the classification and staggering of directors to undermine minority representation provided by cumulative voting. Entitles the shareholders to a vote on any disposition of more than five percent of the firm's assets or stock or any authorization of stock or securities. Title II: Corporate Disclosure - Requires each corporation subject to this Act to publish an annual report which contains specified information including the diversity of its employees, its compliance with environmental requirements, its largest shareholders, its operations and their location in the world, and its political activities. Directs that such reports be made available to the public upon request. Empowers the Securities and Exchange Commission to require further disclosure from such corporations. Title III: Employment Maintenance - Requires each corporation within the purview of this Act, which proposes to change operations in a manner which would disrupt the employment of more than 500 individuals, to give advance notice of the change to the Secretary of Labor. Directs the Secretary to conduct an investigation of the change upon request of a labor union representative or ten percent of the employees involved. Directs the Secretary to publish a report with recommendations for minimizing the economic and social dislocation resulting from the change. Requires such corporations to give specified assistance to employees and local governments affected by a change in operations. Authorizes Federal assistance for training programs and job placement services to assist affected employees. Authorizes the Secretary to provide loans, loan guarantees, and technical assistance to employee organizations for the purpose of expanding operations at an affected plant, acquiring the plant or another in the vicinity, or expanding or identifying new markets to present employment opportunities. Sets forth penalties and establishes an employees' right to equitable relief for failure to comply with the requirements of this title. Title IV: Rights of Employees - Amends the National Labor Relations Act to establish a right of employees to be free from discharge, adverse action, or discrimination with respect to their employment except for just cause. Stipulates that just cause does not include: (1) the employee's exercise of legal rights; (2) the refusal to engage in unlawful conduct; (3) the refusal to submit to a polygraph or similar test; or (4) the refusal to submit to a search, other than a routine inspection, without legal process. Title V: Criminal and Civil Sanctions - Directs a Federal district court to require a corporation which has pleaded guilty or nolo contendere to a violation of this Act to give notice thereof to shareholders and others injured by the violation. Requires the district courts to order restitution of persons injured by corporations found guilty. Imposes a sentence of up to twice the damage caused or gain derived from a violation of this Act. Empowers the courts to disqualify any director, officer, or managing agent of a corporation who is convicted of a violation of law arising out of such position for a period not to exceed the maximum sentence imposed for the violation. Authorizes the courts to appoint a Special Master to oversee corporate operations to assure compliance with Federal laws. Make directors, officers, and managing agents of corporations subject to this Act liable for omission to perform a duty imposed by Federal law and reckless failure to supervise conduct of a corporation. Imposes a duty on such individuals to report risks presented by the corporation's products or operations to Federal and State authorities. Title VII: Jurisdiction, Enforcement, and Right of Action - Makes this Act applicable to any manufacturing, mining, retailing, or utility corporation organized and doing business in the United States which has had, in any of the three years preceding the determination of jurisdiction, more than $250,000,000 in assets or annual sales, or more than 5,000 employees. Exempts from title I any corporation with fewer than 25 shareholders and any American subsidiary of a foreign corporation which is not listed on a domestic stock exchange. Increases the amounts which establish jurisdiction by ten percent each year. States that this Act shall take effect six months after its enactment and directs specified Federal agencies to promulgate implementing regulations by such date. Empowers any person aggrieved by a violation of this Act to commence a civil action in Federal court for damages or injunctive relief. Sets forth provisions governing a shareholder's right to a derivative suit. Permits any shareholder of a corporation subject to this Act to request an investigation of the corporation's compliance with this Act by the Securities and Exchange Commission. Empowers the Commission to utilize compulsory process in such investigations. Entitles any party with standing under this Act, other than the Government, to recovery of attorney's fees in certain circumstances. States that the rights and remedies provided by this Act are supplementary to others afforded by law.
United States · United States Congress · 31 March 1980
Amends the Federal Hazardous Substances Act to establish labeling requirements for substances which cause chronic health side effects. Authorizes the Consumer Product Safety Commission to determine which substances or mixture of substances possess chronic toxicity and are capable of being ingested, inhaled, or absorbed into the human body through any customary or reasonably foreseeable handling, use, or misuse. Sets forth criteria for the determination of toxicity. Sets forth labeling requirements for such substances, including: (1) a statement which describes the nature of a side effect and an explanation of procedures to be followed to counteract such side effect; and (2) a warning where a substance has been determined to possess chronic toxicity that such substance has been shown to cause cancer in animals or in humans.
United States · United States Congress · 27 March 1980
Amends the Trade Expansion Act of 1962 to limit the President's authority to impose import fees on petroleum or petroleum products to periods of: (1) congressionally declared war; (2) a national emergency declared under the National Emergencies Act; (3) a national emergency created by an attack on the United States; (4) U.S. Armed Forces involvement in hostilities pursuant to specific statutory authorization; and (5) U.S. Armed Forces involvement in hostilities under circumstances which require a report by the President to Congress pursuant to the War Powers Resolution.
United States · United States Congress · 25 March 1980
Declares that a Postal Service employee who stops working because of abnormally dangerous working conditions shall not be considered to be striking. Prohibits another Postal Service employee or officer from interfering with such employee's right not to work under such conditions.
United States · United States Congress · 24 March 1980
Alternative and Worksite Education Act of 1980 - Amends the Elementary and Secondary Education Act of 1965 to establish an Office of Alternative and Worksite Education, under the general supervision and direction of the Assistant Secretary for Educational Research and Improvement, in the Department of Education. Directs the Secretary of Education to make grants to qualified nonprofit organizations located in and serving an eligible area to conduct alternative and worksite education programs. Sets forth criteria which applicants for program grants must meet. Directs the Secretary, in cooperation with the Secretary of Labor, to obtain and distribute to interested individuals and organizations information concerning the probable employee needs of employers, by general occupational category, for each standard metropolitan statistical area and State, and for the United States. Directs the Secretary to establish and operate a National Clearinghouse on Alternative and Worksite Education to collect, analyze, and distribute information. Provides for Federal civil rights law compliance in such program. Defines "eligible area" as a school district or county which was, during the most recent school year, eligible for assistance under the basic grants program of such Act. Defines qualified nonprofit organization as a private educational institution with: (1) specified capabilities relating to experimental education, Federal grants administration, and staff composition; (2) tax-exempt status; and (3) state accreditation for granting high school diplomas or the capability to successfully prepare enrolled students to achieve a high school equivalency. Authorizes appropriations to carry out this Act for fiscal years 1981 through 1983.
United States · United States Congress · 18 March 1980
Exempts Shippers' Export Declarations from public disclosure unless the Secretary of Commerce determines that such exemption would be contrary to the national interest. Requires the person in command of a ship bound for a foreign port to attach bills of lading or equivalent documents to the manifest of the ship's cargo which is required to be submitted to the appropriate United States Customs Service officer to obtain clearance for the ship. Specifies the information to be included on such manifest or attached documents and the elements of such information which shall be available for public disclosure. Authorizes the Secretary of the Treasury to establish procedures to provide access to the information which may be disclosed and protection for the information not available for disclosure.
United States · United States Congress · 18 March 1980
Commodity Letter of Credit Act - Amends the National School Lunch Act to direct the Secretary of Agriculture to issue commodity letters of credit each fiscal year to each State participating in the food service programs under such Act or under the Child Nutrition Act of 1966 for the purchase of domestic agricultural commodities and other foods for use in carrying out these programs. Directs the Secretary to specify the types of commodities and other foods to be purchased with such letters, with special emphasis to be given to high protein foods. Establishes the national average value of commodity letters of credit for fiscal year 1981. Sets forth the formula for the periodic adjustment of such average. Apportions such letters to each State based upon the number of school lunches served in such State. Directs each State to further apportion the value of the letters received to each school based upon the number of lunches served in such school. Directs the Secretary to forward to each State an advance program payment to be used by the State under the letters for the purchase of foods for the requirements of lunches and breakfasts. Substitutes such commodity letter program for the direct purchase and donation of commodities by the Secretary. Directs the Secretary to provide technical assistance for the reduction of transportation, storage, handling, and labor costs through the use of commodity letters of credit. Directs the Secretary to issue commodity letters of credit in lieu of direct purchase and donation for the purchase of agricultural commodities for use in institutions participating in the child care food program. Sets forth the formula for determining the value of such letters. Permits each State participating in such program to elect to receive cash payments in lieu of some or all of such letters. Directs the Secretary to make available to the Department of Defense the same payments and commodity letters of credit as are provided to the States for breakfasts and lunches for students attending dependents' schools outside the United States. Amends the Child Nutrition Act of 1966 to substitute the commodity letters of credit for the direct purchase and donation of commodities by the Secretary. Permits the Secretary to use funds of the Commodity Credit Corporation for the purpose of issuing commodity letters for specified programs. Establishes criminal penalties for violations respecting the application, procurement, claim for reimbursement, or record keeping in the commodity letters program. Permit the issuance of commodity letters for summer camps for children. Amends the Older Americans Act of 1965 to permit the use of cash payments in lieu of the commodity letters.
United States · United States Congress · 17 March 1980
School Lunch Study Act of 1980 - Directs the Secretary of Agriculture to study and report to the appropriate committees of Congress on the feasibility of amending the National School Lunch Act to make all children within specified jurisdictions eligible for free lunches.
United States · United States Congress · 26 February 1980
Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit the sum of all severance taxes or fees, for any fiscal year, levied upon or collected from any taxpayer by a State or any political subdivision thereof on coal destined for shipment in interstate commerce for use in any powerplant or major fuel- burning installation or on any improvements or other rights, property, or assets produced, owned, or used in connection with the production of such coal. States that such tax shall not exceed a total of 12 1/2 percent of the value of such coal produced during a fiscal year.
United States · United States Congress · 20 February 1980
Emergency Unemployment Compensation Act of 1980 - Authorizes States with approved unemployment compensation laws with extended compensation provisions to enter into and participate in (and to terminate upon 30 days' written notice) agreements with the Secretary of Labor that State agencies will make emergency compensation payments. Declares eligible for such payments individuals who have exhausted all rights to regular or extended State compensation, who have no rights to State or Federal compensation, and who are not receiving Canadian compensation for any week of unemployment which begins in an emergency benefit period and the individual's eligibility period or begins in an individual's additional eligibility period. Prohibits such payments for any week of unemployment which begins more than two years after the end of the benefit year for which the individual exhausted regular compensation rights. Declares that an emergency benefit period shall: (1) begin with the third week after a week for which there is a State "emergency on" indicator (when the rate of insured unemployment in such State for such week and the immediately preceding 12 weeks equaled or exceeded five percent); and (2) end with the third week after the first week for which there is a State "emergency off" indicator (when the rate of insured unemployment in such State for such week and the immediately preceding 12 weeks is less than five percent). Requires that, in the case of any State, no emergency benefit period shall last for a period of less than 13 consecutive weeks. Requires that the amount of emergency compensation payable to any individual for any week of total unemployment be equal to the regular compensation payable during the benefit year under State law. Requires that, under such agreements, States establish an emergency compensation account for each eligible applicant, in an amount equal to the lesser of 50 percent of the total amount of regular compensation payable to such applicant's most recent benefit year or 13 times the average weekly benefit amount for such year. Requires that each State which has entered into such agreement be paid an amount equal to 100 percent of the emergency compensation paid to individuals by the State pursuant to such agreement. Directs the Secretary of the Treasury to make such payments to each State in sums certified by the Secretary of Labor. Authorizes appropriations to carry out this Act. Provides penalties for individuals involved in misrepresentation with regard to such emergency payments. Authorizes States to require individuals to repay amounts of emergency compensation to which they were not entitled, and to waive such repayments in cases where the individual was without fault and where repayment would be contrary to equity and good conscience. Authorizes States to deduct such amounts to be repaid from various types of unemployment compensation payable to such individual and administered by State agencies. Limits any single deduction to no more than 50 percent of the weekly benefit amount from which such deduction is made. Requires notice and opportunity for a fair hearing for an individual, and an appropriate review, before such deductions are made.
United States · United States Congress · 30 January 1980
Amends rule X of the Rules of the House of Representatives to establish a standing Committee on Energy to investigate and report on: (1) national energy policy generally; (2) measures relating to the production, supply, marketing, pricing, regulation, or conservation of energy resources, except on the public lands; (3) the transmission and marketing of all electrical energy, except by or through federally chartered regional or national power authorities and for rural electrification; and (4) all interstate energy compacts, except on the public lands. Specifies that such committee shall have the same jurisdiction with respect to regulation of nuclear facilities and use of nuclear energy as it has with respect to regulation of nonnuclear facilities and of use of nonnuclear energy.
United States · United States Congress · 30 January 1980
Amends rule X of the Rules of the House of Representatives to establish a standing Committee on Energy to investigate and report on: (1) national energy policy generally; (2) measures relating to the production, supply, marketing, pricing, regulation, or conservation of energy resources, except on the public lands; (3) the transmission and marketing of all electrical energy, except by or through federally chartered regional or national power authorities and for rural electrification; and (4) all interstate energy compacts, except on the public lands. Specifies that such committee shall have the same jurisdiction with respect to regulation of nuclear facilities and use of nuclear energy as it has with respect to regulation of nonnuclear facilities and of use of nonnuclear energy.
United States · United States Congress · 24 January 1980
African Development Foundation Act - Amends the Foreign Assistance Act of 1961 to establish the African Development Foundation to strengthen the bonds of friendship between the people of Africa and the United States and to assist in the development of Africa. Requires such Foundation to cooperate with indigenous organizations representative of Africa and other private, regional, and international organizations. Authorizes such Foundation to make grants, loans, and loan guarantees to African entities for developmental purposes. Requires the Foundation to give priority to community self-help projects with the maximum feasible participation of the poor. Sets forth the corporate powers of such Foundation. Provides for the appointment of a Board of Directors to manage such Foundation. Requires the Board to consult with a Council composed of individuals knowledgeable about development activities in Africa.
United States · United States Congress · 20 December 1979
Municipal Arts Program Act of 1979 - Authorizes the Chairman of the National Endowment for the Arts, with the advice of the National Council on the Arts, to make grants to cities and metropolitan areas to help finance municipal arts programs approved under this Act. Authorizes appropriations for fiscal years 1980 through 1984. Limits the total amount of any grant to one-third of the costs of such municipal arts program. Exempts 15 percent of the funds available to the Chairman from this restriction. Directs the Chairman to submit to Congress timely requests for additional authorizations for fiscal years 1985 through 1988. Sets forth requirements for applications for grants, including summaries of projected uses of such funds, general sources of revenue, and assurances of citizen participation in the planning process of such program. Limits the percentage of funds which may be expended for planning and administration purposes. Directs the Chairman to approve an application unless the activities fall clearly outside the purposes of this Act. Sets forth the activities eligible for assistance under a municipal arts program. Requires grants to cities and metropolitan areas with populations of less than 500,000 to be reviewed by the State agency except as specified. States that an application will be deemed approved unless disapproved. Sets forth the formula for the allocation and distribution of funds for annual grants. Creates a discretionary fund for each of the fiscal years in an amount equal to ten percent of authorizations for grants to be used by the Chairman in making grants for specified purposes, including special studies service centers and clearinghouses. Authorizes the Chairman to make grants up to 100 percent of the costs of such programs. Directs the Chairman to report to the President and Congress within three years on the progress of the municipal arts program.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 13 December 1979
Amends the Internal Revenue Code to allow taxpayers an income tax credit for all ordinary and necessary expenses which such taxpayers incur in connection with an audit or a final judicial determination of their tax liability, if such audit or determination establishes that there is no tax deficiency. Disallows an income tax deduction for any audit expenses for which a credit is claimed under the provisions of this Act.
United States · United States Congress · 6 December 1979
Telephone Privacy Act - Amends the Communications Act of 1934 to prohibit unsolicited commercial telephone calls to a telephone subscriber who has notified the telephone company that he does not wish to receive such calls. Directs the Federal Communications Commission to prescribe regulations specifying the manner in which a telephone subscriber shall notify the telephone company that he does not wish to receive unsolicited calls. Prescribes criminal penalties for violations of this Act. Excludes from the definition of "unsolicited commercial telephone calls" calls made in response to an express request of the individual called or made in connection with an overdue debt or contractual obligation.
United States · United States Congress · 4 December 1979
Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Resources (formerly, the Secretary of Health, Education, and Welfare) to make grants to hospitals meeting specified requirements for their provision of health services during a one year period to individuals who are not eligible for Medicaid (title XIX of the Act), are not covered by insurance, and are otherwise unable to pay for such services.
United States · United States Congress · 4 December 1979
Amends the Civil Rights Act of 1964 to include insurance contractors and guarantors within provisions which direct Federal departments to issue rules and regulations to prevent discrimination by recipients of Federal grants, loans, or contracts.
United States · United States Congress · 4 December 1979
Requires each one-dollar, two-dollar, five-dollar, ten-dollar, and twenty-dollar bill to be trimmed in a manner which will enable the blind to determine its denomination.
United States · United States Congress · 13 November 1979
Entitles an air traffic controller, who is to be removed by the Secretary of Transportation after being judged as unfit for duty, to training, provided such controller: (1) is not a supervisor; (2) has completed at least eight years of service; (3) is not eligible for immediate retirement; (4) notifies the appropriate review board of any intention to apply for training; (5) submits an application which sets forth a proposed training program and includes a physician's certification that such employee is suited for training; (6) notifies the Secretary of an intention to participate in an approved training program; and (7) is to be removed from duty because of medical disqualification, inability to maintain technical proficiency, or physical or mental health requirements. Directs the Secretary to: (1) designate Department of Transportation employees as regional career counselors who shall assist controllers in developing training programs; and (2) establish regional review boards to consider applications for training and evaluate training programs to determine whether such programs will result in successful training and job placement. Prohibits such a board from approving any program the duration of which exceeds two years. Requires that a controller, on request, receive assistance in being placed in a vacant position in another agency upon completion of training. Requires the Secretary to reimburse a controller for the expenses of approved training.
United States · United States Congress · 9 November 1979
Repeals the provision prohibiting Federal recognition of Virgin Islands' National Guard Officers above the grade of colonel as members of the National Guard.
United States · United States Congress · 23 October 1979
Amends the National Labor Relations Act to authorize the use of certified mail for the service of complaints, orders, and other process and papers of the National Labor Relations Board.
United States · United States Congress · 18 October 1979
Federal Employee Occupational Safety and Health Act of 1979 - Applies specified standards of the Occupational Safety and Health Act of 1970 to the Federal workplace of employees of Executive agencies, the Postal Rate Commission and the United States Postal Service (but not the Office of Personnel Management). Requires each agency to: (1) furnish its employees employment and a place of employment which are free from recognized hazards; and (2) comply with safety and health standards. Requires employees to comply with standards and with specified rules, regulations, and orders. Authorizes the Office of Personnel Management to conduct inspections, investigations, and recordkeeping relating to Federal employee occupational safety and health. Permits employees or their representatives to request such inspections in specified cases. Directs the Office to issue citations to the head of any agency in violation of any requirement, standard, order, rule, or regulation under this Act. Provides for an enforcement procedure, including, in specified cases, hearings before the Occupational Safety and Health Review Commission. Provides for review of any Commission order in a U.S. court of appeals upon request of the head of any agency or any employee adversely affected by such order. Permits the Office to obtain review or enforcement of any final order of the Commission in a U.S. court of appeals. Prohibits any agency from discharging or discriminating against any employee because such employee has: (1) filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act; (2) testified or is about to testify in any such proceeding; or (3) exercised any right afforded by this Act on behalf of anyone. Permits employees who believe they have been so discharged or otherwise discriminated against to file complaints with the Special Counsel. Directs the Special Counsel to undertake an appropriate investigation and to file a complaint with the Merit Systems Protection Board if a violation has occurred. Authorizes the Board to restrain such violations for cause shown and to order all appropriate relief. Authorizes the Office to order any agency to restrain any conditions or practices constituting a danger immediately or before that danger can be eliminated through other enforcement procedures. Declares that any such orders which prohibit the employment or presence of any individual in locations in which imminent danger exists shall not apply to specified individuals, including those whose presence is necessary to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations. Directs inspectors, as soon as they conclude that such an imminent danger exists, to inform the affected employees and agency. Permits employees, or their representatives, to bring actions against the United States in district courts to compel the Office to issue such orders and for appropriate further relief. Authorizes attorneys designated by the Director of the Office of Personnel Management to represent the Office in civil litigation under this Act, subject to the direction and control of the Attorney General. Authorizes the Office to allow reasonable variations and exemptions from provisions of this Act to avoid serious impairment of the national defense. Provides for civil or criminal penalties for specified violations of this Act. Authorizes the Commission to assess all such civil penalties. Authorizes the Office to conduct short-term training of personnel in work related to responsibilities under this Act. Directs the Office, in consultation with the Secretary of Health and Human Services, to: (1) provide for education of heads of agencies and employees in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions; and (2) consult with and advise heads of agencies and employees, and their representative organizations, as to effective means of preventing occupational injuries and illnesses. Authorizes the head of each agency to establish a health service program for employees. Directs that the Secretary of Health and Human Services offer mandatory consultation before, and requested reviews after, such programs are established. Directs the Secretary of Labor, in consultation with the Director, Office of Personnel Management, to carry out a safety program covering specified maritime employees under the Longshoremen's and Harbor Workers' Compensation Act. Authorizes the President to establish a safety council of labor organization representatives and employing agencies to advise the Secretary of Labor concerning such program. Directs the head of each agency with such employees to develop an organized safety promotion, to keep specified records, and make reports to the Secretary of Labor. Makes funds available for the purchase and maintenance of special protective clothing and equipment from appropriations for supplies, materials, or equipment procurement. Directs the Office, in consultation with the Secretary of Health and Human Services, to compile and analyze occupational safety and health statistics for Federal agencies. Authorizes the Office to make contracts and matching grants for such statistical research and to cooperate with States in such efforts. Directs the Office to make annual reports to Congress concerning Federal employee occupational safety and health. Requires the Director of the Office of Personnel Management to: (1) establish and maintain a comprehensive occupational safety and health program applicable to the Office consistent with specified standards of the Occupational Safety and Health Act of 1970; (2) provide employment conditions consistent with such standards; (3) require the use of protective equipment; (4) keep records of occupational accidents and illnesses; and (5) consult with and report annually to the Secretary of Labor concerning such records and program. Directs the Secretary of Labor to transmit such annual report to the President. Directs the President to transmit an annual report of such activities of the Office. Authorizes the Office to prescribe regulations concerning Federal employee occupational safety and health. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to programs of Federal agencies.
United States · United States Congress · 16 October 1979
Calls upon the President, with respect to Chile, to: (1) recall the U.S. Ambassador to Chile; (2) apply statutes limiting assistance to countries with terrorist governments or countries harboring terrorists; (3) prohibit deliveries of defense articles or services; (4) recall all military personnel; (5) prohibit the issuance of U.S. visas to Chilean military or intelligence personnel; (6) prohibit credits or loan guarantees to be granted by the Export-Import Bank; (7) prohibit the granting of export licenses; (8) order the immediate suspension of private bank loans; and (9) demand that Chilean rights be fully restored.
![Official portrait of Rep. Clay, William (Bill) [D-MO-1]](https://www.congress.gov/img/member/c000488_200.jpg)