United States · United States Congress · 5 December 1980
International Communications Reorganization Act of 1980 - Establishes in the Executive Office of the President a Council on International Communications and Information (Council). Directs the Council to: (1) review any action or proposed action under specified Executive Orders; (2) coordinate the policies and activities of Federal agencies involving international communications and information; and (3) review all policy determinations and proposed policy statements by such agencies relating to international communications and information, except actions or determinations made pursuant to specified rulemaking or adjudicatory procedures. Sets forth the powers of the Council. Directs all Federal agencies to provide the Council with information it deems necessary to perform its functions. Prohibits any agency from acting with respect to international communications or information without prior review by the Council unless such action is made pursuant to specified rulemaking or adjudicatory procedures. Directs the Council to establish an Advisory Committee on International Communications (Committee). Establishes an interagency committee to advise the Council on problems encountered by Federal agencies in the performance of responsibilities related to international communications and information. Permits the disclosure of confidential information where the recipient has been sufficiently informed of the confidential nature of the information, submitted to the Council the Committee, or the interagency committee: (1) to designated U.S. officers and employees; (2) to an appropriate congressional committee; (3) to the Committee; or (4) pursuant to court order. Establishes, and sets forth the functions of, the following offices: (1) a Bureau of International Communications and Information within the Department of State; (2) a Special Ambassador for Telecommunications and Information Services within the Office of the U.S. Trade Representative; and (3) an Office of International Communications within the Federal Communications Commission. Directs the Council to report to specified congressional committees with respect to: (1) the Council's plans for fulfilling its responsibilities under this Act; and (2) legislative or administrative recommendations to further the establishment of a comprehensive international communications and information policy.
United States · United States Congress · 3 December 1980
Nuclear Powerplant Cost Assurance Act of 1980 - Title I: Standards and Estimates - Directs the Nuclear Regulatory Commission (NRC) to promulgate standards for: (1) the management and disposal of radioactive waste and spent fuel from commercial nuclear powerplants; and (2) the decommissioning of such powerplants. Directs the NRC to estimate the full cost of compliance with such standard for each such powerplant in operation, under construction, or for which a construction license application is pending. Title II: Availability of Funds - Directs the NRC to publish and submit to State regulatory agencies each such cost estimate. Requires a licensee, permittee, or applicant for a nuclear powerplant construction permit or operating license to certify to the NRC that sufficient funds for paying estimated costs will be available at the end of the useful life of such powerplant. Prohibits charging consumers as a result of such assurance, when the powerplant is not in operation or under maintenance. Requires notification of consumers of any additional costs incurred through compliance with this Act. Title III: Reports - Directs the NRC to submit to Congress annaul progress reports on its compliance with this Act.
United States · United States Congress · 2 October 1980
Piracy and Counterfeiting Amendments Act of 1980 - Amends the Federal criminal code to revise and increase the penalties for the offense of trafficking in counterfeit labels. Includes within such offense trafficking in copies of motion pictures and audiovisual works. Eliminates the current scienter requirement of "fraudulent intent." Increases the maximum penalty from one year imprisonment and/or a $10,000 fine to five years' imprisonment and/or a $250,000 fine. Separates from the elements of such offense its jurisdictional bases, which are defined to include: (1) special jurisdiction of the United States (territorial, aircraft, or maritime); (2) use of a facility of interstate or foreign commerce; or (3) counterfeiting copyrighted material. Establishes new criminal penalties for the criminal infringement of a copyright involving the reproduction or distribution of phonorecords, motion pictures, or audiovisual works. Correlates the level of such penalties to the number of items reproduced or distributed during any 180-day period.
United States · United States Congress · 25 September 1980
Federal Privacy of Telephone Records Act - States as a purpose of this Act the protection of private telecommunications records from unwarranted disclosure. Amends the Privacy Act to prohibit any Federal agency from disclosing telephone record information to any person except: (1) upon written consent of the customer to whom the information pertains; (2) to a U.S. attorney who determines that disclosure is required for a proceeding before a court or grand jury which arose out of the investigation for which the information was acquired; or (3) to a Federal authority for the purpose of conducting intelligence activities. Requires that a telephone record custodian be designated in each Federal agency which maintains telephone record information to carry out such requirement. Amends the Communications Act of 1934 to prohibit a service provider from disclosing telephone record information except to a Government authority under specified circumstances or pursuant to the specific authorization of the customer identified by the record. Stipulates that record information may be disclosed which does not identify a particular customer. Sets forth the procedures by which a supervisory officer of a Federal agency may obtain an administrative or judicial summons or subpoena to obtain telephone information from a service provider. Authorizes the Attorney General to permit application to Federal court for an order to acquire telephone record information from a service provider or to intercept such information when such acquisition or intercept may provide evidence of a Federal criminal offense constituting a felony. Authorizes the Attorney General or a State attorney general to permit such an application to a State court when the acquisition or interception may provide evidence of a criminal offense involving murder, kidnapping, robbery, extortion, forgery, bribery, embezzlement, fraud, racketeering, or any other crime punishable by more than one year's imprisonment which threatens serious injury or damage. Specifies the content of any such applications. Permits the court to issue an ex parte order permitting the acquisition or interception if: (1) there is probable cause to believe a crime is being committed; (2) there is probable cause that the information will be relevant to such offense; and (3) alternative investigative procedures have failed or are unlikely to succeed. Specifies the content of any such court order. Permits a law enforcement officer designated by the Attorney General or State attorney general to intercept or acquire telephone record information notwithstanding the application requirements if: (1) an emergency situation exists; (2) there are grounds upon which an order could be obtained; and (3) an application is made within 48 hours. Permits a special agent of the Secret Service to acquire or intercept telephone record information notwithstanding the application requirements to carry out the protective function of the Secret Service upon authorization of the Director and certification to a Federal court within 48 hours that the acquisition or interception is occurring. Requires that the persons named in any order or application be notified of the termination of an order or denial of an application within a reasonable time up to 120 days. Permits the court to delay such notice if there is reasonable cause to believe that it would endanger any person's safety or result in flight from prosecution, destruction of evidence, or intimidation of witnesses. Establishes criminal penalties for the intentional disclosure of telephone record information in violation of this Act. Permits an aggrieved person to maintain a civil action for damages and equitable relief in district court. Establishes an exclusionary rule with respect to information obtained in violation of this Act.
United States · United States Congress · 19 September 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase to $24,000 in 1981 the amount of outside earnings which a beneficiary age 65 or over may have without a reduction of benefits.
United States · United States Congress · 19 September 1980
Honors Raoul Wallenberg for his work in Hungary during World War II. Expresses the sense of Congress that the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case. Requests the State Department to discover the whereabouts of Raoul Wallenberg from the Soviet Union and secure his return to Sweden.
United States · United States Congress · 4 September 1980
Establishes the United States Holocaust Memorial Council which shall: (1) provide and encourage appropriate ways for the Nation to observe the Days of Remembrance to commemorate the holocaust; (2) plan, erect, and oversee the operation of a memorial museum to the victims of the holocaust; and (3) develop a plan for carrying out the recommendations of the report submitted to the President on September 27, 1979, by the President's Commission on the Holocaust. Authorizes the Council to receive public land in the District of Columbia on which it may erect the memorial. Terminates the Council's authority to construct a memorial if the erection of the memorial has not commenced within five years of enactment of this Act and sufficient funds to ensure completion of the memorial have not been certified to be available. Authorizes appropriations to carry out this Act.
United States · United States Congress · 3 September 1980
Amends the Federal criminal code to prohibit the sale, exchange, or concealment of a Treasury check or Government bond or security, knowing that such item is stolen or bears a forged endorsement or signature. Authorizes the United States Secret Service to arrest persons committing such offense. Increases the current penalties for forging contracts, deeds, and powers of attorney to defraud the United States, if the face value of the writing exceeds $500.
United States · United States Congress · 28 August 1980
Amends the Federal criminal code to revise the current prohibition against making threats against a President and successors to the Presidency by: (1) including the threat of kidnapping within the scope of such offense; and (2) extending its application to threats against presidential and vice-presidential candidates, spouses of such candidates, and members of the immediate family of the President and Vice President.
United States · United States Congress · 27 August 1980
Declares that the President should not reestablish an official U.S. presence in Bolivia nor furnish any military or economic assistance to Bolivia until: (1) civil rights and the democratic process are restored; (2) U.S. citizens detained for political reasons are released; and (3) Bolivian drug involvement is assessed.
United States · United States Congress · 22 August 1980
Expresses the sense of the Congress that the Secretary of the Treasury should exercise his regulatory authority by designating energy efficient wood-burning stoves as eligible for the residential energy tax credit.
United States · United States Congress · 21 August 1980
Expresses the sense of Congress that the President should convey congressional concern about the deprivation of the rights of Christians by the Soviet Union, particularly the Pentecostals living in the U.S. Embassy in Moscow. Directs the President to report to Congress on the prospects for religious freedom in the Soviet Union.
United States · United States Congress · 20 August 1980
Expresses the sense of Congress that: (1) the President should express to the Soviet Government U.S. concern for the fate of Raoul Wallenberg; and (2) the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case.
United States · United States Congress · 31 July 1980
Expresses the sense of Congress that the President should convey congressional concern about the deprivation of the rights of Protestant Christians by the Soviet Union, particularly the Pentecostals living in the U.S. Embassy in Moscow. Directs the President to report to Congress on the prospects for religious freedom in the Soviet Union.
United States · United States Congress · 28 July 1980
Reaffirms congressional support for full implementation of the Helsinki Final Act. Expresses the sense of Congress that human rights concerns should be given serious attention at the Madrid meeting to review such Act. Declares that any new measures should be balanced among all sections of the Final Act. Directs the U.S. delegation to seek another review meeting within two years.
United States · United States Congress · 25 July 1980
Used Oil Recycling Act of 1980 - Amends the Solid Waste Disposal Act to require lubricating oil to be labeled with a statement concerning the recycling of used oil. Requires re-refined oil used as lubricating oil to bear a label stating that such oil is a recycled product. Authorizes the Administrator of the Environmental Protection Agency to make grants to States with solid waste plans to encourage the use of recycled oil, prohibit hazardous uses of used oil, and establish a program for the collection and disposal of oil in a safe manner. Authorizes the Administrator to provide technical assistance to States in removing impediments to the recycling of used oil. Directs the Administrator to promulgate regulations protecting the public health and environment from the hazards of burning used oil. Requires the Administrator to determine and report to Congress on whether used oil ought to be treated as a hazardous waste. Directs the Administrator to study the collection and demand in the used oil industry, and energy savings associated with re-refining used oil.
United States · United States Congress · 24 July 1980
Amends and disapproves certain amendments to the Federal Rules of Criminal Procedure proposed by the Supreme Court. Disapproves the proposed amendments relating to subpoenas, production of statements of witnesses, and revocation or modification of probation. Revises the proposed amendment relating to the admissibility of pleas to limit the admissibility of plea discussion statements to criminal proceedings for perjury or false statements. (The proposed amendment would make such statements admissible in any proceeding when other statements have been introduced which ought in fairness to be contemporaneously considered.) Eliminates from the proposed amendment relating to the assignment of counsel the provision requiring, in cases involving joint representation, the court to protect each defendant's right to counsel, unless it appears that there is good cause to believe that no conflict of interest is likely to arise. Sets forth new procedures governing the revocation and modification of probation. Requires a preliminary hearing to find if there is probable cause to believe that a defendant has violated a condition of probation. Authorizes the court upon a finding of probable cause to order a revocation hearing, with the defendant incarcerated or restored to probation if incarceration is not warranted, or to terminate the proceedings if in the interest of justice. Requires the revocation hearing to be held within 60 days of any such order. Entitles a defendant, at the preliminary and revocation hearings, to be represented by counsel, confront and cross-examine witnesses, and present witnesses and evidence. Authorizes the court, upon a determination by a preponderance of the evidence that probation has been violated, to continue probation unchanged, reprimand the defendant, modify the probation conditions, or revoke probation and impose any sentence initially authorized. Requires such a determination to be made on the record with a statement of reasons within 21 days of the revocation hearing. Permits a probation officer to arrest a defendant who violates probation in his or her presence by committing a Federal or State offense. Directs the court to issue a search warrant upon the request of a probation officer who establishes reasonable and articulable grounds to believe that a defendant has violated probation.
United States · United States Congress · 26 June 1980
Expresses the sense of the House of Representatives that congressional fellowships for foreign nationals constitute a valuable resource for the Congress.
United States · United States Congress · 4 June 1980
Authorizes the President to present a gold-plated medal, on behalf of the Congress, to those athletes selected through the Olympic trial process to be members of the United States Summer Olympic Team of 1980. Directs the Secretary of the Treasury to cause to be stricken 650 such medals with suitable emblems. Declares that such medals are national medals and that funds to carry out this Act shall be made available under the Amateur Sports Act of 1978.
United States · United States Congress · 3 June 1980
Expresses the sense of the House of Representatives that the Standing Committee on Federal Judiciary of the American Bar Association and the Attorney General take all measures necessary to end discrimination against potential lifetime Federal judges who do not qualify solely as a result of age barriers.
United States · United States Congress · 30 May 1980
Amends the Federal Rules of Criminal Procedure to require that a criminal case in a Federal district court having three or more judges in regular active service be reassigned if all defendants in such case jointly file timely notice.
United States · United States Congress · 22 May 1980
Authorizes the Secretary of the Interior to establish the Boston African American National Historic Site in Boston, Massachusetts. Authorizes the Secretary to accept any gift or bequest of any property within the boundaries of such site and to enter into cooperative agreements with the city of Boston, the Commonwealth of Massachusetts, or any of their political subdivisions, or any private person or organization for such activities as may be necessary for the preservation of any such properties. Authorizes the Secretary to assist with maintenance of those properties owned by the city of Boston, the Commonwealth of Massachusetts, their political subdivisions, or not-for-profit organizations. Specifies that if any fees are charged for the use of a property covered by any such cooperative agreement, and Federal funds are committed in the cooperative agreement, the income from such fees shall be applied to the costs of maintenance and renovation of such property. Permits the Secretary, in cooperation with other interested groups, to identify other significant sites relating to the nineteenth century free African American community on Beacon Hill, Boston, and, with the consent of the owners thereof, to mark them appropriately and make reference to them in any interpretive literature.
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 · 20 May 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that the entitlement of a disabled widow or widower under the age of 60 shall not be less than 71.5 percent of the primary insurance amount of the deceased spouse.
United States · United States Congress · 20 May 1980
Honors Raoul Wallenberg for his work in Hungary during World War II. Requests the State Department to discover the whereabouts of Raoul Wallenberg from the Soviet Union and secure his return to Sweden.
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 · 24 April 1980
Establishes a presumption of service-connected disability caused by exposure to a phenoxy herbicide (Agent Orange) for veterans who served in Southeast Asia during the Vietnam era. Waives the one-year limitation on claims for compensation for such disabilities.
United States · United States Congress · 17 April 1980
Establishes within the National Institutes of Health the Office of Drugs of Limited Commercial Value under the direction of the Director of the National Institutes of Health. Establishes within the Office an advisory council to advise the Director and make recommendations to the Secretary of Health and Human Services (formerly Health, Education, and Welfare) respecting the time required for drug approval under the Federal Food, Drug, and Cosmetic Act. Authorizes the Director to provide financial assistance to entities for the development of drugs of limited commercial value, defined as a drug for a condition or disease of low incidence, to undertake the development of such drugs, undertake studies to determine the potential and need for specific drugs, and coordinate the efforts of public and private entities engaged in the development of such drugs. Requires the submission and approval of an application containing the scientific basis for the development of the drug and the proposed therapeutic use of the drug and other specified information before financial assistance is provided. Requires each entity receiving funds to keep specified records. Requires the Director to report to Congress within two years on the effectiveness of this Act.
United States · United States Congress · 16 April 1980
Calls upon the President to: (1) increase humanitarian assistance to East Timor; (2) encourage Indonesia to allow free emigration from East Timor; (3) establish a U.S. presence in East Timor; and (4) encourage Indonesia to withdraw its troops from East Timor and allow self-determination for the East Timorese.
United States · United States Congress · 2 April 1980
Amends the Internal Revenue Code to increase the excise tax on small cigarettes from $4 per thousand to $9 per thousand, and on large cigarettes from $8.40 per thousand to $18.90 per thousand.
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 · 25 March 1980
Criminal Code Revision Act of 1980 - Title I: Revision of Title 18 - Amends in its entirety title 18, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing and corrections; (4) administration and procedure; and (5) ancillary civil proceedings. Subtitle I: Provisions of General Applicability - Sets forth 35 general definitions. Defines Federal jurisdiction as including the general and special (territorial, maritime, and aircraft) jurisdiction of the United States, specified aspects of extraterritorial jurisdiction, and Indian country jurisdiction. Provides that the separate sections describing offenses may specify circumstances giving rise to Federal jurisdiction. Directs the Attorney General to prescribe guidelines for the exercise of Federal enforcement efforts where there is concurrent State or local jurisdiction over the offense. Requires that such guidelines provide for the discontinuation of Federal efforts unless a demonstrable, substantial interest would be served, and take into consideration the following factors: (1) the relative gravity of the Federal offense and the State or local offense; (2) the nature and extent of the Federal interest in the investigation; and (3) the resources available to the Federal, State, and local authorities. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise. Requires that the finder of fact determine issues of fact bearing on the existence of Federal jurisdiction over the offense. Provides that Federal jurisdiction is not generally preemptive of the exercise of jurisdiction by a State or local government, Indian tribe, or military court, but enumerates offenses with respect to which the Attorney General may order preemption. Limits to four the mental states required to be proved with respect to criminal conduct ("intentional", "knowing", "reckless", and "negligent"). Specifies matters of law requiring no proof of state of mind, including jurisdiction, bars to prosecution, and defenses. Sets forth a general criminal complicity section, including rules with respect to the liability of an accomplice, of an organization for the conduct of an agent, and of an agent for the conduct of an organization. Allows a defendant to be convicted of an offense based on the conduct of another person only if such defendant knowingly and with specific intent induced or aided the commission of the offense. Makes an organization criminally liable for an offense based on another person's conduct which involves a failure by the organization or its agent to discharge a specific duty of conduct imposed on the organization by law, but stipulates that an organization is not criminally liable where the agency relationship is established by operation of law and without the consent of the organization. Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the commission of the offense, but allows the court upon motion of the Attorney General to determine that the nonapplicability of such bar is in the interest of justice with respect to a defendant who has attained the age of 16 years and is alleged to have committed a class A, B, or C felony. (Under current law the age of 16 years bars prosecution of all offenses as an adult, and persons between the ages of 16 and 18 are treated as juveniles unless the offense is a felony punishable by ten or more years of imprisonment.) Provides for a general statute of limitations of: (1) five years for a felony; and (2) three years for a misdemeanor or infraction (under current law such bar varies with the offense), but permits an extended period for certain concealable offenses. Sets forth as statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection of persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement. Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense; (3) offenses involving international affairs; (4) offenses involving government process; (5) offenses involving revenue; (6) offenses involving individual rights; (7) offenses involving the person; (8) offenses involving property; and (9) miscellaneous offenses. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense. Includes among new Federal crimes: (1) obstructing by force the following government functions: the service or attempted service or execution of any authorized legal or judicial document, the performance of extradition duties, the performance of duties under a court order, the passage of the United States mail, and the execution by a law enforcement officer of an arrest; (2) speculating on official action or information; (3) a series of offenses covering the obstruction of political rights; (4) possession of an eavesdropping device with intent that it be used unlawfully; (5) trafficking in stolen property; (6) trafficking in counterfeit labels for phonorecords, motion pictures, and audiovisual works; and (7) operating a racketeering syndicate. Provides for the offenses of "obstruction of official proceedings by fraud" and "government program bribery." Revises numerous offenses, including the following changes. Limits the offense of "impairing military effectiveness" to a time of war or a national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired. Makes the scienter requirement with respect to such offense "knowing." Revises "espionage" and certain offenses relating to the dissemination of classified information to cross-reference to the following existing laws: the Atomic Energy Act of 1954, the Espionage and Sabotage Act of 1954, and the Subversive Activities Control Act of 1950. Modifies the offense of "failing to appear as a defendant" to: (1) include the failure to surrender for service of sentence pursuant to a court order; and (2) vary the penalties according to the category of offense. Revises "criminal contempt" to: (1) prohibit disobedience or resistance to lawful court orders, unless the alleged contemnor took reasonable and timely steps to obtain judicial review of the order or such order is constitutionally invalid. Imposes a maximum penalty of five days' imprisonment and/or a $500 fine for such offense. (Current law imposes no such limits.) Amends "making a false statement" to: (1) consolidate numerous false statement statutes under current law; and (2) prohibit the knowing submission of false material in a government matter under specified circumstances. Requires that a Federal public servant who commits the offense of "tampering with a government record" be disqualified from office for a period of up to five years. Revises "tax evasion" to cross-reference to existing prohibitions under the Internal Revenue Code. Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); (3) eliminate the requirement (Screws v. United States, 325 U.S. 91 (1945)) that a defendant be found to have had a specific intent to deprive the victim of federally protected rights; and (4) prohibit discrimination based on sex (current law includes race, color, religion, or national origin). Revises "sex offenses" to: (1) apply such offenses without distinction as to the sex of the offender or victim; (2) redesignate rape as aggravated criminal sexual conduct; (3) include additional acts with respect to such redesignated offense; (4) make punishable aggravated criminal sexual conduct towards one spouse by the other (but applies the interspousal exemption with respect to other sex offenses); (5) modify the offense of sexual assault (redesignated as criminal sexual conduct) to add the act of compelling a person to participate by threat or placing such person in fear; and (6) provide, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender, and add as an affirmative defense that the actor reasonably believed the other person to be 16 years of age or older (current law prohibits the carnal knowledge of a female under the age of 16 years). Modifies the offense of "extortion" to provide that it is not a defense to prosecution that the conduct constituting the offense was in furtherance of a legitimate objective or activity (see United States v. Enmons, 410 U.S. 396 (1973)). Consolidates numerous theft statutes under current law. Broadens the application of the offense of "laundering racketeering proceeds." Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent. (Such a rate under current law only evidences extortion.) Modifies "drug offenses" to: (1) provide for an increased penalty for simple possession of 100 grams or more of an opiate; and (2) make possession of 30 grams (approximately one ounce) or less of marihuana an infraction. Retains the current mandatory minimum sentences for anyone using or carrying a firearm in the course of a crime, where the offender uses a firearm which, at the time of the offense, was capable of causing serious bodily injury. Requires, with respect to the offense of "inciting or leading a riot," the existence of circumstances which render it likely that the prohibited incitement will cause a riot. Redefines "riot" as involving ten or more persons (three in current law). Prohibits the transfer or exhibition of obscene material to a minor or to any person where there is no opportunity to avoid such exposure. Repeals: (1) the Logan Act (which prohibits private communication with a foreign government with intent to influence foreign policy); (2) the Smith Act (which prohibits advocating the overthrow of the government); (3) the Mann Act (which prohibits the transportation of women in commerce for immoral purposes); and (4) the prohibition against making false reports with intent to interfere with the operation of U.S. military or naval forces. Subtitle III: Sentencing and Corrections - Specifies factors to be considered in sentencing, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to (A) assure that the severity of the sentence is related to the culpability of the offender and the harm done, (B) assure that similarly placed offenders receive similar sentences, (C) promote respect for the law, (D) deter criminal conduct, (E) protect the public, (F) provide the defendant with needed training, (G) provide restitution to victims, and (H) reconcile the victim, community, and offender; (3) the kinds of sentences available; and (4) the applicable sentencing guidelines prescribed by the Judicial Conference of the United States. Requires the court to impose a sentence consistent with the guidelines set forth by the Judicial Conference unless the court finds that an aggravating or mitigating circumstance should result in another sentence. Requires the court to state on the record the reasons for imposing a particular sentence, or the specific reasons for imposing a sentence different from that provided for in the guidelines. Requires a presentence hearing to determine any unresolved issue of fact that is essential to the sentencing decision. Allows a defendant who is found guilty of an offense to be sentenced to conditional discharge, unless the offense is a class A felony and the defendant is an individual or the defendant is sentenced at the time to probation or imprisonment. Specifies the considerations of the court in imposing such sentence and conditions which may be attached to such sentence. Authorizes imposition of a term of probation with respect to all but class A felonies, or where the defendant is sentenced at the same time to conditional discharge or imprisonment. Lists permissible terms of probation for each category of offenses. Requires as mandatory conditions of probation that a defendant not commit another crime and make restitution when practical. Enumerates 18 discretionary conditions of probation. Allows a defendant who is found guilty of an offense to be sentenced to make restitution to the victim, unless the offense: (1) violates the provisions relating to investment, monetary, and antitrust offenses or the crime of "fraud in a regulated industry;" or (2) is a class A felony, the defendant is an individual, and no other sentence is imposed on the defendant. Directs the court not to impose a sentence of restitution if it will unduly complicate or prolong the sentencing process. Sets forth provisions relating to authorized payments for types of offenses, considerations in imposing such a sentence, conditions of such a sentence, restitution imposed upon an organization, and enforcement. Requires, when a defendant is alleged to have violated a condition of a sentence of conditional discharge, probation, or restitution, that the appropriate court hold a preliminary hearing to find probable cause if such violation has occurred. Sets forth the powers of the court upon a finding. Requires a revocation hearing to be held within 60 days of any such finding. Sets forth the powers of the court upon a determination by the preponderance of the evidence that the defendant has violated any such sentence. Sets limits on the amount of a fine for each category of offenses, including higher maximums for organizational than for individual defendants. Sets forth provisions relating to considerations in imposing such a sentence, conditions of such a sentence, payment of fines by organizations, modification or remission, and enforcement. Sets maximum terms of imprisonment for five classes of felonies (A to E), and three classes of misdemeanors (A to C). Prohibits the court from considering the defendant's need for correctional treatment as a justification for imposing a term of imprisonment or in determining the length of a term of imprisonment. Prescribes guidelines relative to the modification of a term and the running of concurrent and consecutive terms of imprisonment. Authorizes the court to designate a defendant under the age of 21 years a youthful offender upon a finding that such defendant will benefit from placement in a separate facility or institution pursuant to this Act. Retains the Bureau of Prisons within the Department of Justice and outlines its organization and responsibilities. Retains the National Institute of Corrections in the Bureau and the Advisory Corrections Council. Continues the Federal Prison Industries. Allows a defendant to: (1) appeal any sentence on the ground that it is not authorized by law; (2) appeal any sentence other than one imposed for an infraction on the grounds that such sentence is based on an inapplicable sentencing guideline, exceeds the maximum prescribed by the guideline and is unreasonable, or is a sentence for which no guideline has been prescribed and is unreasonable; or (3) petition for leave to appeal a felony sentence within the guideline on the ground that it is unreasonable. Authorizes the court of appeals to resentence the defendant or remand for resentencing upon specified determinations, but stipulates that a new sentence shall not be more severe that the sentence appealed. Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Requires that the guidelines: (1) be based on categories of offenders derived from relevant history and characteristics of defendants sentenced in Federal court, and categories of offenses derived from the nature and circumstances of the offenses for which such defendants are convicted; and (2) be reported to Congress by May 1st of the year they are to become effective and take effect 180 days later, subject to congressional action. Establishes within the Judicial Conference a seven-member Committee on Sentencing to collect information and recommend sentencing guidelines and standards with respect to plea bargaining and the designation of youthful offenders. Requires that the Committee membership: (1) consist of four judges and three persons who are not judges; and (2) reflect a variety of backgrounds and participation and interest in the Federal criminal justice system. Sets forth rules regarding supervision of probation, the appointment and duties of probation officers, transportation of a probationer, transfer of jurisdiction over a probationer, and the arrest and return of a probationer. Carries forward, generally unchanged, current law relating to parole. Makes a prisoner eligible for release after serving one-half of a term of imprisonment over one year (currently one-third), or after serving ten years of a life sentence or sentence over 20 years (currently 30 years). Includes among the items to be considered by the Parole Commission in making a parole release determination: (1) the specific reasons for the sentence imposed; and (2) any transcript of the district court proceedings that are relevant to sentencing. Directs the Judicial Conference of the U.S. and the Parole Commission to submit joint reports within five years of the effective date of the sentencing guidelines evaluating such guidelines and the need for parole release. Subtitle IV: Administration and Procedure - Restates the procedural requirement for the appointment of counsel in criminal cases. Retains the current compensation rates for such services. Adds to the existing circumstances under which a district court must furnish representation for persons financially unable to obtain adequate representation: (1) modification of the term or conditions of sentence of conditional release or probation; and (2) the preliminary and revocation hearing with respect to alleged violations of a sentence of conditional discharge, probation, or parole. Carries forward current law regarding an appeal by the United States in a criminal case to a court of appeals. Continues the existing authority of the Supreme Court to prescribe rules and procedures in criminal cases (retains the current period of 90 days for congressional review). Leaves current law generally unchanged with respect to the following arrest, law enforcement, and other preliminary matters: (1) indictment and list of jurors and witnesses for a prisoner in capital cases; (2) demands for production of statements and reports of witnesses; (3) power of courts and magistrates; (4) extraterritorial jurisdiction; (5) security of the peace and good behavior; (6) warrant for removal; (7) powers of the Federal Bureau of Investigation; (8) powers of marshals and deputies; (9) powers of certain officers relating to offenses involving animals and birds; (10) powers of the Secret Service; (11) bankruptcy investigations; (12) interned belligerent nationals; (13) rewards and appropriations; (14) powers of postal personnel; (15) preliminary examinations; and (16) surrender of youthful offenders to State authorities. Carries forward current law regarding extradition and the transfer of offenders to and from foreign countries. Enacts into law the Interstate Agreement on Detainers. Leaves generally unchanged current law with respect to venue, but limits the prosecution of the offense of transferring obscene material to the district from which the material was disseminated or in which the offense was completed. (Current law allows such prosecution in any district through which the material moves.) Leaves generally unchanged current law regarding juvenile delinquency. Requires that a juvenile charged with committing an offense who is not surrendered to State authorities be proceeded against pursuant to the juvenile delinquency procedures unless the court determines that the juvenile shall be treated as a adult because the immaturity bar to prosecution does not apply. Requires the court in determining whether a juvenile shall be treated as an adult to consider whether juvenile disposition will reflect the seriousness of the juvenile's conduct, promote respect for the law, and provide a just response to the conduct of the juvenile. Revises the procedures to be followed by Federal courts with respect to an offender suffering from mental incompetence. Directs the court to order a screening examination whenever there is reasonable cause to believe that the defendant lacks competence, but allows a defendant to request a hearing based on the report of a qualified mental health examiner after a more thorough examination. Specifies material to be included in such report. Directs the court, after determining at such hearing that the defendant is not competent, to hold a subsequent hearing to determine: (1) whether there is substantial probability that the defendant can be restored to competence within a certain maximum period; and (2) if so, the appropriate treatment. Directs the court to release a defendant of all charges (except class A or B felonies) if: (1) the defendant does not request an opportunity to be restored; (2) there is no substantial probability that the defendant can be restored, or if the defendant has received a certain period of treatment. (Current law does not provide for the screening examination or subsequent hearing.) Directs the Secretary of Health, Education, and Welfare to prescribe rules with respect to the use of psychosurgery, electric shock treatment, and protracted use of psychotropic drugs on mentally incompetent defendants. Requires that such rules: (1) entitle the person treated to accept, refuse, or revoke an acceptance of, proposed treatment; and (2) require informed consent in accordance with specified guidelines. Amends the Federal Rules of Criminal Procedure to permit a defendant to be found not guilty by reason of insanity. Directs a court which determines that there is probable cause to believe that a person who is found: (1) not guilty by reason of insanity; (2) incompetent with no substantial probability of improvement; or (3) incompetent and has not recovered after the end of the maximum period, presently suffers from a mental disease or defect as a result of which such person's release would create a substantial likelihood of serious injury to the person or property of another, to deliver such person to State authorities for possible civil commitment. Requires a hearing on the mental condition of a defendant serving a sentence of imprisonment who objects to being transferred to a facility for care or treatment. Carries forward certain provisions of current law regarding the release of offenders. Restates certain search warrant provisions in current law. Prohibits any Federal agency from installing or using a "pen register" (a mechanical device which records the numbers dialed on a telephone line to which it is attached) without first obtaining a court order pursuant to specified procedures. Allows a law enforcement officer specially designated by the Attorney General to install and use a pen register without a court order if an emergency situation exists with respect to life threatening criminal activities and grounds exist for the authorization of such use. Carries forward current law regarding special grand juries (leaving unchanged the reporting requirements). Restates certain provisions of current law regarding speedy trial (as amended by the Speedy Trial Act Amendments of 1979, Public Law 96-43). Deletes certain provisions relating to district court plans for the disposition of criminal cases. Retains current provisions regarding the exercise of criminal jurisdiction by United States magistrates (as amended by Public Law 96-82). Restates current law regarding witnesses and evidence. Subtitle V: Ancillary Civil Proceedings - Consolidates and enumerates offenses for which the appropriate Government agency may initiate civil forfeiture proceedings. Establishes procedures and standards for the seizure of property involved in such crimes. Reenacts the current civil remedies provisions dealing with restraint of racketeering, as provided in title IX of the Organized Crime Control Act of 1970. Prohibits the restriction of an individual's eligibility for: (1) a Federal benefit, privilege, or activity; (2) Federal jury duty; or (3) voting in a Federal election, because such person has been convicted of a Federal offense. Prohibits the restriction of an individual's eligibility for employment by a Federal or State government agency because such person has been convicted of a Federal offense. Specifies exceptions to such restrictions. Authorizes the court in which a person is convicted of an offense (other than a class A felony) to issue an order, upon application of such person, providing relief from certain collateral results of such offense under specified circumstances. Restates generally the current provision authorizing a civil action against an eavesdropping offender. Title II: Reenactment of Certain Portions of Former Title 18 with Substantive Changes, Amendments to Laws Outside of Title 18, and Technical and Conforming Amendments - Reenacts various current offenses under title 18, amending the penalties for such crimes to conform to the new general penalty provisions under this Act. Restates generally unchanged the Gun Control Act of 1968. Amends offenses outside of title 18 to cross-reference to offenses and penalties under this Act. Requires that the appropriate State authorities enforce and not modify any child custody determination made by a court of another State (unless such other court no longer has, or has declined to exercise, jurisdiction over such matter). Title III: Effective Date - Makes this Act effective on the fourth January 1 that occurs after enactment.
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 · 20 March 1980
Vietnam Veterans Comprehensive Readjustment and Rehabilitation Act - Title I: Interagency Coordination and Veterans Outreach Services - Requires the Administrator of Veterans' Affairs to coordinate all programs and activities affecting veterans and their dependents with other departments and agencies. Directs the Administrator to initiate a comprehensive outreach and information program to inform and assist eligible veterans and eligible persons to understand and utilize such programs. Title II: Compensation and Treatment for Diseases and Disabilities caused by Toxic Substances and Radiation Exposure - Entitles a veteran who suffers from a personal injury or disease contracted in the line of duty, or a disabled child with birth defects resulting from genetic damage to a veteran, to compensation and medical care. Authorizes the Administrator to establish and carry out a comprehensive program of screening veterans who may have been exposed to toxic substances, chemical or biological agents, or radiation during their military, naval, or air service to determine whether such veterans have incurred any disease or disability as a result of such exposure. Provides for outreach services to inform and assist such veterans in adjusting to such diseases or disabilities. Permits the Administrator to establish a centralized registry of claims made before the Veterans' Administration (VA) or other appropriate agency arising out of exposure or possible exposure to toxic substances, chemical or biological agents, or radiation, and of the disabilities, diseases, genetic damage, or symptoms associated with such exposure. Title III: Readjustment Counseling Improvement and Expansion - Authorizes the Administrator to arrange for or assist the veteran or the veteran's dependent, or both, in obtaining readjustment counseling or mental health services. Allows for the Administrator to conduct or contract for comprehensive studies of the psychological and sociological effects of the Vietnam Conflict, military service, and the readjustment process upon veterans and dependents. Title IV: Vocational Rehabilitation - Defines for purposes of this Act: (1) medical condition; (2) program of education; (3) program of independent living services and assistance; (4) rehabilitated; (5) rehabilitation program; (6) serious employment handicap; (7) vocational goal; (8) vocational rehabilitation program. Sets forth the provisions regarding basic entitlement and periods of eligibility for eligible veterans. Sets forth the scope of services and assistance, including: (1) evaluation for rehabilitation potential; (2) educational, vocational, psychological, employment, and personal adjustment counseling; (3) allowance and other appropriate assistance; (4) work study allowance; (5) placement services; (6) personal adjustment and work adjustment training assistance, tuition, fees, books, supplies, and other training materials; (8) loans; (9) treatment care, and services; (10) prosthetic appliances and other corrective devices; (11) services to a veterans' family; (12) essential employment equipment and supplies for severely disabled veterans requiring homebound training and for self-employment; (13) travel and incidental expenses; (14) special rehabilitation services, including services for the blind and the deaf. Provides for the duration of rehabilitative programs. Requires extended evaluations of veterans with service-connected disabilities to determine whether such veteran may have or has a serious employment handicap. Allows the Administrator to formulate an individualized written plan of vocational rehabilitation for a veteran. Provides for the payment of a subsistence allowance to eligible veterans. Entitles severely disabled veterans to a program of independent living services, and assistance designed to enable such veteran to achieve maximum independence in the functions of daily living. Authorizes the Administrator to prescribe regulations regarding leaves of absences, conduct, and cooperation. Releases to eligible veterans all books, supplies, and equipment furnished to such veteran under this Act, unless the Administrator determines that such veteran must return the resources. Allows for vocational rehabilitation to hospitalized members of the Armed Forces and veterans. Provides that any Federal agency's facilities may be used to provide unpaid training or work experience as part of a veteran's vocational rehabilitation program. States that such a veteran shall be deemed a Federal employee for workmen's compensation purposes but not for the purposes of laws administered by the Office of Personnel Management. Directs the Veterans Administration (VA) to: (1) provide employment assistance, including direct employment placement, utilization of Federal, State, and nonprofit private employment services and securing loans and paying business license fees; (2) provide vocational rehabilitation staff training and development; and (3) carry out an ongoing program of rehabilitation research and special projects, including grants and contracts with public and nonprofit agencies. Directs the Administrator to appoint a Veterans' Advisory Committee on Rehabilitation. Revises provisions concerning the limitation on periods of assistance under two or more veterans' educational assistance programs to include post-Vietnam era benefits within such limitation, and to provide a 48 month aggregate eligibility period for vocational rehabilitation and other educational assistance. Authorizes the Administrator to evaluate a veteran's employability in considering certain claims based on total disability and unemployability. Title V: Conditional Cost-of-Living Adjustment Educational Assistance Allowance - Authorizes the Administrator to provide a conditional cost-of-living adjust educational assistance to an eligible veteran or eligible person who makes an application and is eligible therefore. Stipulates that a cost-of-living adjustment allowance shall be in lieu of any authorized educational assistance or training allowance. Title VI: GI Bill Program Adjustments - Modifies the delimiting period for completing a program of education for veterans. Provides for the extension of the delimiting period for eligible veterans up to a period of two years. States that the Administrator shall provide educational, vocational, and personal adjustment counseling for veterans eligible for educational assistance. Limits the aggregate period during which any person may receive assistance under two or more programs of education administered by the Veterans' Administration. Declares that educational assistance allowances for institutionalized veterans after 30 days of institutionalization shall accrue and be withheld (and converted to securities), paid to dependents, and paid to such veteran upon discharge. Authorizes the Administrator, upon the request of such veteran, to pay to such veteran all or part of the monthly allowance to meet continuing financial obligations of such veteran. Provides for the payment of unused contributions to the education assistance fund to specified individuals upon death of the participant. Eliminates reporting requirements to Congress regarding default rates and experience with respect to loans made under this Act to eligible veterans. Discharges a veteran's liability on loans upon such veteran's successful completion of educational, professional, or vocational objective. Title VII: Interagency Task Force; Presidential Commission or Veterans' Affairs - Establishes an Interagency Veterans' Advisory Task Force. Sets forth the duties and responsibilities of such Task Force. Title VIII: Job Counseling, Training, and Placement Service for Veterans - Establishes within the Department of Labor an Assistant Secretary of Labor for Veterans Employment. Title IX: Employment and Training of Disabled and Vietnam Era Veterans - Requires Federal contracts of $10,000 or more to require the contracting party to take affirmative steps to employ qualified disabled veterans and veterans of the Vietnam era and to make reasonable efforts to provide career development, advancement, and training opportunities to such veterans. Encourages veterans employment within the Federal Government. Title X: Veterans Career Development, Advancement, and Training Assistance - Establishes a program of career development, advancement, training, and related services for Vietnam-era veterans. Defines, for purposes of this Act: (1) eligible veteran; (2) eligible employer; and (3) dependent. Sets forth provisions regarding the entitlement to and the eligibility of a veteran for a career development and advancement or training allowance. Sets the duration of such eligibility. Requires the Administrator of the Veterans' Administration to provide occupational and vocational counseling. Permits an eligible veteran to select a program of career development and advancement, or a program of career development and training with an eligible employer in a chosen career field if the employer hires such veteran into its regular workforce with the expectation of permanent employment of the veteran after the training and career development assistance ends. Disallows approval of enrollment of a veteran for: (1) seasonal, intermittent or temporary jobs; (2) jobs paying less than $4.00 an hour, unless the Administrator determines in a particular case that the clause does not apply; (3) jobs outside the United States or its territories or possessions; (4) jobs under which commissions are the primary source of income; (5) employment which involves political or religious activities; (6) employment in an industry which a substantial number of experienced and able workers are unemployed; (7) jobs that are above entry level, except when applicable personnel procedures and collective bargaining procedures regarding the advancement of currently employed workers are complied with; (8) employment which would result in the displacement of any currently employed worker; (9) jobs which if filled would replace any worker who is on lay off, or on strike. Requires the Administrator to discontinue the career development and advancement allowance of an eligible veteran whose conduct or progress is unsatisfactory. Allows the Administrator to renew the veterans' allowance under certain conditions. Directs the Administrator to pay to each eligible veteran employer, on behalf of each eligible veteran, an allowance to meet in part the expenses of such veteran's wages, benefits, training, and any other necessary or appropriate costs. Sets forth the provisions for computation of career development, advancement, and training allowances and payment to eligible employers. Outlines the specifications for approval of career development and advancement programs. Provides for the issuance of certificates of approval to the eligible employers. Requires an employer who receives an overpayment as a result of: (1) willful or negligent failure to report a veteran's excessive absences from work or interruptions in a planned program; or (2) false certification to repay the amount of such overpayment to the United States. Allows the Administrator to make a complete report of the facts to the appropriate approving agency and, if considered advisable, to the Attorney General of the United States for appropriate action. Allows an eligible veteran to make one change of program, unless the Administrator finds sufficient reason to support further changes. Authorizes the Administrator to periodically conduct compliance surveys. Outlines the duties of the Secretary of Labor under this Act. Directs the Administrator, in consultation with the Secretaries of Labor, and of Health, Education, and Welfare, to provide for an outreach and public information program to inform eligible veterans of the program established by this Act. Title XI: Honorable Discharge (Limited) - Creates a discharge category of honorable discharge (limited) if the board determines that such individual has been rehabilitated, that such individual's conduct, activities, and habits since the individuals last discharge or dismissal have been exemplary for a reasonable period of time. Title XII: Effective Date - The amendments made by this Act shall take effect October 1, 1980.
United States · United States Congress · 11 March 1980
Expresses the sense of Congress that the 1980 automatic cost-of-living increase in social security benefits should be allowed to occur as scheduled in accordance with the recommendations of the President.
United States · United States Congress · 10 March 1980
Expresses the sense of the House of Representatives that: (1) 50 percent of the net revenues from the windfall profit tax should be allocated toward energy research, development, production, and conservation, and for transit programs; (2) 25 percent of such revenues should be allocated for energy assistance to low-income individuals; and (3) the remaining revenues should be available for any other purpose.
United States · United States Congress · 6 March 1980
Small Business Motor Fuel Marketer Preservation Act of 1980 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make loans to small businesses acquiring gas stations from a refiner. Makes it unlawful for a refiner, other than an independent or small refiner, to operate a gas station in the United States. Requires a refiner, in disposing of any interest in such a station, to offer a right of first refusal to the dealer at such station. Sets forth the requirements for such an offer. Makes it unlawful for a refiner to: (1) exceed specified annual sales limitations in any State (requires the Federal Trade Commission to determine specified limitation formulas); and (2) sell motor fuel at any time at any point of transfer at different prices (except for price differentials which reflect manufacturing, sale, or delivery differences). Stipulates that a refiner shall: (1) be in violation of this Act if such refiner withholds available motor fuel from a purchaser and then resells such fuel at a lower price to refiner-operated stations; and (2) not be prevented from charging a uniform surcharge in connection with a sale of motor fuel as consideration for the purchaser's use of a refiner's trademark or other such identifying symbol. Makes it unlawful for any person to interfere in any way with the purchasing, selling, or storing of motor fuel by a dealer. Makes it unlawful for any dealer at a station displaying a trademark or identifying symbol of a particular refiner to sell motor fuel not refined by such refiner without providing notice to purchasers. Requires each refiner within three months of enactment to provide to the Federal Trade Commission information regarding the number of: (1) gallons of motor fuel sold, consigned, or distributed in each State during the preceding year; (2) gallons of motor fuel sold to its stations in each State during the preceding year; and (3) barrels of crude oil produced and refined during the preceding year. Requires persons owning 50 or more motor fuel stations in the United States to report specified information to the Commission. Sets forth fines for violation of this Act. Permits civil actions to be brought against violators of the requirements of the Act.
United States · United States Congress · 5 March 1980
State Justice Institute Act of 1980 - Establishes in the District of Columbia the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems.
United States · United States Congress · 27 February 1980
Food Security Act of 1980 - Declares it to be U.S. policy to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President, in order to carry out such policy, to establish a reserve stock of wheat of up to 4,000,000 metric tons for specified purposes. Permits stocks of wheat for such reserve to be acquired: (1) through purchases from producers or in the market, if the Secretary of Agriculture determines that such purchases will not unduly disrupt the market; and (2) by designation by the Secretary of stocks of wheat acquired by the Commodity Credit Corporation. Authorizes the President to release such designated or acquired wheat reserve stocks to provide, on a donation or sale basis, emergency food assistance to developing countries at any time that the U.S. domestic wheat supply is so limited that quantities cannot be made available for disposition, except for humanitarian purposes, under the Agricultural Trade Development and Assistance Act of 1954. Provides that up to 300,000 tons of wheat may be released from the reserve in any fiscal year for use under such Act in providing urgent humanitarian relief in developing countries which suffer major disasters (as determined by the President), in circumstances of unanticipated and exceptional need when the normal means of obtaining food assistance make timely programming impossible. Directs the President to report to the appropriate congressional committees on wheat so released and its timely replenishment. Allows such wheat to be processed in the U.S. and shipped to the recipient country as wheat flour, when necessary. Requires that such wheat be made available under such Act, with specified provisions as to determinations of availability inapplicable thereto. Directs the Secretary to provide for reserve management as to location and class of wheat needed to meet emergencies, rotation to avoid spoilage and deterioration, and prompt equivalent replacement of removed quantities. Specifies that stocks of wheat shall not: (1) be considered a part of the total domestic supply (including carryover) for certain purposes; or (2) be subject to any quantitative export limitations under the Export Administration Act of 1979. Directs the Secretary to utilize the funds and authorities of the Commodity Credit Corporation in carrying out this Act, except that any restrictions applicable to the acquisition, storage, or disposition of Corporation owned or controlled commodities shall not apply to wheat for or in the reserve. Requires that the Corporation be reimbursed for actual costs under such program. Declares final any determination by the President or the Secretary under this Act. Provides that: (1) this Act shall take effect on October 1, 1980; (2) the authorities of this Act shall expire on September 30, 1983; and (3) any wheat in the reserve when such authorities expire shall be distributed under the Agricultural Trade Development and Assistance Act in fiscal year 1984 and subsequent fiscal years.
United States · United States Congress · 31 January 1980
Establishes a Commission on More Effective Government to study and recommend ways of promoting economy, efficiency, and improved service within the Federal Government. Directs the Commission to recommend methods to improve the relationship between Federal, State, and local governments. Provides for the appointment of members of the Commission by the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Sets forth provisions governing the organization and compensation of the Commission and its staff. Empowers the Commission to establish advisory councils and committees as it deems appropriate without regard to the provisions of the Federal Advisory Committee Act. Sets forth the powers of the Commission enabling it to gather information free from subsequent review or comment by any Federal agency. Directs the Commission to submit its final report to the Congress ten days after the Ninety-eighth Congress convenes. Terminates the Commission 90 days after such date. Authorizes the appropriation of funds necessary to carry out this Act.
![Official portrait of Rep. Drinan, Robert F. [D-MA-4]](https://www.congress.gov/img/member/d000499_200.jpg)