United States · United States Congress · 9 June 1980
Extends the congratulations of the Congress to the Order of the Sons of Italy in America for their 75th anniversary. Proclaims Sunday, June 22, 1980, as "National Italian-American Day."
United States · United States Congress · 5 June 1980
Limitation on Government Recordkeeping Requirements and Actions Act of 1980 - Prohibits any Federal agency from: (1) requiring any person to maintain, prepare, or produce any record (other than a record relating to a dangerous material) of an event after four years have expired since the event occurred; and (2) commencing an action against a person who violated a regulation if four years or more have expired since such violation occurred, except as otherwise provided by the Internal Revenue Code or a regulation promulgated thereunder.
United States · United States Congress · 29 May 1980
Extends the congratulations of the House of Representatives to members of the 1980 handicapped Olympic team and recognizes specified organizations for their efforts in producing the second winter Olympics for the physically handicapped.
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
District Heating Act of 1980 - Authorizes the Secretary of Energy to make grants upon the application of a qualified municipality (a self-governing town or city of population 100,000 or less which meets the Federal assistance requirements prescribed by the Secretary) to fund: (1) feasibility studies on district heating (the provision through pipelines of residential, commercial, and industrial water and space heating, and process steam from electric powerplants or other thermal sources) in such municipality; and (2) engineering and design studies for district heating in such municipality. Authorizes the Secretary upon application by a qualified municipality to make guaranteed interest loans to such municipality to cover the costs establishing a district heating system. Requires that each loan application contain plans, specifications, and estimates for the proposed heating system. Sets forth the criteria for approval of loan applications by the Secretary. States that loan application approval by the Secretary shall be deemed a contractual obligation of the United States to grant the loan for the district heating system. Conditions Federal assistance for district heating systems on the disclosure of complete information on any such system to the Secretary. Directs the Secretary to make grants to States for studies by the States and local government entities on organization problems related to the establishment of district heating systems.
United States · United States Congress · 21 May 1980
Amends title XVIII (Medicare) of the Social Security Act to require payments to any Veterans' Administration hospital for inpatient services furnished to a person entitled to Medicare hospital benefits if that person was not entitled to free services at such hospital and the services were not otherwise reasonably available within the area of the hospital.
United States · United States Congress · 14 May 1980
Federal Lending Oversight and Control Act - Declares that the purpose of this Act is to provide a basis for controlling loans and loan guarantees under Federal credit programs through the congressional budget process. Title I: Amendments to Congressional Budget Act of 1974 - Amends the Congressional Budget Act of 1974 to require the first concurrent resolution on the budget for each fiscal year to set forth the appropriate level of total gross obligations for the principal amount of direct loans and the appropriate level of total commitments to guarantee loans and to allocate such totals among the major functional categories of the budget. Directs each standing committee of the House and Senate to submit its estimates of direct loan obligations and loan guarantee commitments provided for in legislation under its jurisdiction by March 15 of each year for consideration of the Budget Committee in formulating the budget resolution. Directs the House and Senate Banking Committees to submit recommendations to the Budget Committees for the aggregate levels of direct loans and loan guarantees in each fiscal year. Requires the joint explanatory statement accompanying a conference report on the concurrent resolution on the budget to include an estimated allocation of the total levels of direct loan obligations and loan guarantee commitments among the committees of the House and Senate. Directs the Committees on Appropriations to provide such an allocation among their subcommittees as soon as practicable after a budget resolution has been agreed to. Requires the House Committee on Appropriations, before reporting any regular appropriations bills, to submit a summary report to the House comparing the credit authority contained in such bills to the levels agreed to in the budget resolution. Requires any report accompanying legislation conferring new budget authority or increasing tax expenditures to include information on direct loan obligations and loan guarantee commitments. Establishes a deadline for the completion of action on legislation providing credit authority. Requires the second concurrent resolution on the budget in any fiscal year and the reconciliation process to take into account Federal obligations and commitments on loans and loan guarantees. Declares out of order any measure brought up for consideration in either House which would increase the level of loan obligations and guarantee commitments agreed to in the budget process. Requires any authority to guarantee the payment of any indebtedness to be contingent on provisions in appropriation Acts. Title II: Amendments to the Budget and Accounting Act - Amends the Budget and Accounting Act, 1921, to direct the President to include items relating to Federal loan obligations and guarantee commitments in the annual budget message to the Congress. Title III: Amendment to House Rules - Amends Rule X of the House of Representatives to make the Committee on Banking, Finance and Urban Affairs or other designated committee responsible for reviewing and studying all laws, programs, and Government activities dealing with Federal credit activities. Requires all other House committees to refer any bill or resolution providing for Federal credit activities to such Committee for consideration of such activities before placing the bill or resolution on the appropriate calendar. Title IV: Effective Date - Sets forth the effective dates of the titles of this Act.
United States · United States Congress · 29 April 1980
Amends the Internal Revenue Code to exempt a certain portion of royalty owner oil production from the windfall profit tax. Limits the amount so exempted per quarter to ten barrels per day. Requires proportionate allocation of any production in excess of ten barrels per day between tier 1 oil, tier 2, and tier 3 oil, and within any tier on the basis of removal prices. Requires allocation of the ten barrel amount among royalty owners who are members of the same related group.
United States · United States Congress · 28 April 1980
Authorizes the Secretary of the Army to convey to the city of Wabasha, Minnesota all land and improvements comprising the United States Army Reserve Center, Wabasha, Minnesota. Requires such city to convey to the United States specified lands in consideration for such conveyance.
United States · United States Congress · 17 April 1980
Hostage Relief Act of 1980 - Title I: Amendments to Title 5 of the United States Code - Amends title 5 of the United States Code to direct the Secretary of the Treasury to establish a savings fund to which the head of an agency may allot all or a portion of the pay and allowances of any employee who is in a missing status on or after November 4, 1979, as the result of a hostile action against the United States. Requires interest on such fund to be compounded quarterly at the average rate paid on United States Treasury bills with three-month maturities issued during the calendar quarter immediately preceding the first day of the applicable pay period. Directs the President to issue regulations to authorize agency heads to reimburse (up to $25,000 in any calendar year) any such employee, or dependent of such an employee, for necessary travel, rest and recuperation, private medical car, and other expenses related to the ordeal which are incurred on or after such date. Entitles the spouse of such an employee to reimbursement, for a certain time, for expenses incurred for tuition, books, fees, and subsistence while attending an educational or training institution. Extends to such employees the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, deferring civil actions that affect property rights of such persons until their missing status is ended. Applies the provisions of this Title to all citizens and resident aliens of the United States held hostage in Teheran at any time during November, 1979, and to their dependents and spouses, regardless of whether they are Federal employees. Title II: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to exclude from the gross income of such an employee compensation received for active service for any month during the period of his or her missing status, or during which such employee was hospitalized as a result of wounds, injury, disease, or partial or total physical or mental disablement incurred during a hostile action against the United States. Cancels the income taxes for any such employee who dies as a result of such hostile action, for the year in which death occurs and for all prior years during which the employee was in missing status. Authorizes spouses of such employees to file a joint income tax return. Defers the filing of an income tax return by such an employee until after 180 days following the termination of his or her missing status. Applies the provisions of this Title to all citizens and resident aliens of the United States held hostage in Teheran at any time during November, 1979, regardless of whether they are Federal employees. Applies the tax exclusion to non-employees only to the extent of the daily equivalent of the annual basic rate of pay in effect for level V of the Executive Schedule.
United States · United States Congress · 15 April 1980
Amends the Internal Revenue Code to provide for a repayment of the oil import fee equal to ten cents per gallon of gasoline used for certain exempt purposes. Defines "exempt use" as: (1) any use by a State or local government; (2) any use by a nonprofit educational institution; (3) any use as supplies for vessels or aircraft; (4) agricultural uses; (5) certain business uses; and (6) any use in connection with intercity, local, or school buses.
United States · United States Congress · 1 April 1980
Proclaims October 19, 1981, a national day of celebration as the two hundredth anniversary of the victory of General George Washington at Yorktown, Virginia.
United States · United States Congress · 28 March 1980
Directs the Secretary of Labor to take any necessary action to insure that the enlistment of any individual in the U.S. Armed Forces is treated the same as any other employment or placement of an individual for purposes of the Wagner-Peyser Act (which established a national employment system).
United States · United States Congress · 25 March 1980
Rescinds $229,000,000 in appropriations provided for the purchase of furniture by Federal agencies and departments in fiscal year 1980. Requires the Director of the Office of Management and Budget to allocate such rescission among the agencies and departments and to report to the Committees on Appropriations of the House of Representatives and the Senate concerning the allocation. Rescinds $15,000,000 in appropriations made to the Federal Buildings Fund for the rental of space in fiscal year 1980.
United States · United States Congress · 13 March 1980
Amends the Internal Revenue Code to allow the residential energy credit for energy conservation expenditures with respect to residences substantially completed after April 19, 1977, if such expenditures are for energy conservation items which are not required by Federal, State, or local housing standards.
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 · 6 March 1980
Small Business Development Act of 1980 - Title I: Small Business Innovation - Amends the Small Business Act to require the head of each Federal agency which obligates over $100,000,000 for research and development in a fiscal year to: (1) expend at least one percent of the amount spent on research and development during the next year for a small business innovation program; (2) solicit research and development proposals from small businesses during the next year; and (3) promote the use of small businesses to conduct research and development. Requires the head of each Federal agency to increase the amount of funds obligated for the conduct of research and development by small businesses by one percent each year until the amount obligated to small businesses in a fiscal year equals at least ten percent of the total amount obligated by such agency for research and development. States that it is an objective of this Act to amend existing patent procedures in order to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Permits Federal agencies which have supported such projects to retain title to inventions through their funding agreements in specified circumstances, including when necessary to conduct foreign intelligence or counterintelligence activities. Requires review of agency determinations that such circumstances exist by the Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration. Directs the Comptroller General to report to Congress on the implementation of this Act by Federal agencies. Enumerates provisions which must be included in funding agreements between a Federal agency and a small business firm or nonprofit organization, including provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an organization, other than small business firms, from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Provides that the first commercial use with respect to a product of the invention shall not end the exclusive period to different subsequent products covered by the invention. Requires the head of a Federal agency to approve provisions of a funding agreement which require the licensing to third parties of inventions owned by the contractor. Sets forth terms and conditions under which such approval may be granted. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assignees to grant licenses in order to: (1) achieve practical applications of the invention in its field of uses; (2) alleviate health or safety needs; (3) meet requirements for public use specified by Federal regulations; or (4) achieve participation by United States industry in the manufacturing of an invention. Entitles the government to 15 percent of all net income in excess of $70,000 gross income received by a contractor after a patent application is filed on a subject invention. Provides that if a contractor receives a gross income of $1,000,000, the government shall be entitled to a share of the excess of $1,000,000 that shall be negotiated but not to exceed five percent of such excess. Limits the government share of any excesses to its contributions under the funding agreement. Requires the Director of the Office of Federal Procurement Policy to revise the government entitlements in light of changes to the Consumer Price Index or other indices at least every three years. Declares such government entitlements applicable to subject inventions upon which United States patents are granted and in effect. Restricts the assignment and licensing of rights by patent holders to foreign-owned or controlled firms unless such persons agree that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States where commercially feasible. Authorizes Federal agencies to withhold information on inventions from public disclosure. Specifies the authority of Federal agencies with respect to obtaining patents, granting licenses, and transferring custody of patents. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Prohibits licensing which lessens competition. Directs that business firms be given preference in exclusive or partially exclusive licensing. Enumerates provisions which must be contained in any grant of a license by a Federal agency. Declares that this Act shall take precedence over any other Act in the disposition of inventions. Title II: Depreciation Acceleration; Repeal of Used Property Limitation in Investment Tax Credit; Corporate Income Tax Rate Reductions - Amends the Internal Revenue Code to revise the method for determining useful lives of business assets for purposes of computing allowable depreciation deductions. Replaces the asset depreciation range (ADR) method with a schedule of capital cost recovery periods for three classes of business property. Establishes capital cost recovery periods for the following classes of business property: (1) buildings and their structural components, ten years; (2) tangible property, five years; and (3) automobiles, taxis, and light-duty trucks (up to $100,000), three years. Allows a ten percent investment tax credit for buildings and tangible property, and a six percent credit for automobiles, taxis, and light duty trucks. Requires the recapture of depreciation amounts and investment tax credit amounts applicable to assets which are sold or otherwise disposed of prior to the expiration of the capital cost recovery period. Permits a taxpayer to deduct less than the full allowance for capital cost recovery in any taxable year. Permits a carryover to succeeding taxable years of any unused depreciation amounts. Disqualifies capital cost recovery property from the allowance for first year depreciation. Treats amounts claimed as the capital cost recovery of noncorporate lessors as an item of tax preference for purposes of the minimum tax. Adopts as an accounting practice the "half year convention" under which investments eligible for capital cost recovery treatment or the investment tax credit which are made at any time during the taxable year are deemed to be made in the middle of such year. Repeals the $100,000 limitation on the amount of used property which is eligible for an investment tax credit. Reduces the tax rates applicable to corporate income. Repeal the carryover basis provisions enacted by the Tax Reform Act of 1976 which provide that beneficiaries receiving property from a decedent's estate will retain the decedent's basis in the property. Restores prior law which "stepped up" or "stepped down" the property"s basis to its market value at the time of death without imposing tax consequences on the appreciation or depreciation the property underwent while held by the decedent. Title III: Tax Incentives for Small Business Capital Formation - Provides for the nonrecognition of gain on the sale or exchange of an equity interest in a small business which is reinvested in another small business within two years. Defines a "small business" as any business entity in which the aggregate equity interests do not exceed $25,000,000. Allows a tax credit for proceeds received from small business debentures which have a fixed maturity and grant no conversion or voting rights. Limits the amount of such credit to $5,000 ($10,000 in the case of a joint return). Disallows such credit if the issuing small business has $1,000,000 of such debentures outstanding or has a class of securities subject to regulation of the Securities and Exchange Commission. Treats amounts paid on such debentures which represent a share of the issuer's earnings as long-term capital gain. Treats losses on such debentures as an ordinary loss. Requires distributions on such debentures, which represent either interest or a share of earnings, to be treated as interest. Title IV: Small Business Equal Access to Justice - Amends title II of the Small Business Act (Study of Small Business) to direct the Office of Advocacy within the Small Business Administration to assist the Attorney General, Federal agencies, and the Chairman of the Administrative Conference of the United States to facilitate relief afforded to small businesses under such Act. Requires the Chief Counsel for Advocacy to submit biennial reports to the President and Congress on awards made to small businesses under such Act. Excludes from the definition of "party" for purposes of this title: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency, including the Post Office, or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Makes this title applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this title six months after enactment. Directs the Office of the Chairman of the Administrative Conference and Director of the Administrative Office of the United States Courts to provide to the Small Business Office of Advocacy the information required to be collected in this title. Title V: Small Business Regulatory Flexibility - Amends the Small Business Act to require each Federal agency to publish semiannually an agenda of those rules which may be proposed during the upcoming six-month period affecting a substantial number of small businesses and small organizations. Permits Federal agencies to modify the definition of "small business", if appropriate, after notice and opportunity for hearing. Defines "small organizations" to include unincorporated businesses, sheltered workshops enterprises which are not dominant in their fields, and such other groups and enterprises as each Federal agency shall establish by rule, not in conflict with the definition of "small business." Requires each published agenda to be transmitted to the office of Advocacy of the Small Business Administration for comments. Directs each Federal agency to endeavor to provide notice of each agenda to affected small enterprises by means other than publication in the Federal Register. Directs each Federal agency to publish a written analysis prior to the issuance of any proposed rule affecting a substantial number of small businesses and organizations which considers: (1) the effect of such rule on small enterprises and competition; (2) whether an exemption could be provided such small enterprises; (3) whether lesser compliance standards could be adopted for small enterprises; and (4) the expected nature of reporting recordkeeping requirements necessitated by such rule. Requires each Federal agency to issue a rule containing an exemption or differing compliance standard for such small business concerns and organizations if it is lawful, desirable, and feasible to do so. States that such small enterprises shall be given an opportunity to participate in agency rulemaking, which substantially affects such enterprises, unless otherwise provided. Requires each agency to review its existing rules and prepare an analysis for purposes of eliminating or modifying those rules which are most burdensome to small businesses and organizations. Permits any agency to perform the analyses required by this title in conjunction with any other analysis required by law. Declares that such other analysis shall not in itself satisfy the requirements of this title. Title VI: Sunset Provisions - Requires the Congressional Budget Office in conjunction with the congressional committees having jurisdiction over each Government program, within one year after enactment of this Act, to set forth a timely review of all Government programs. Terminates any program which has not been reviewed within three years after enactment of this Act unless both Houses of Congress vote to continue such programs pending completion of a review. Requires that each review: (1) identify the need for the program; (2) identify conflicting or duplicative programs; (3) assess the program's effectiveness and cost; and (4) assess the impact of the program on the national economy.
United States · United States Congress · 4 March 1980
Expresses the sense of the House of Representatives that illegal aliens should be excluded from the total population of States as determined in the decennial census for the purpose of apportioning Representatives in Congress among the States.
United States · United States Congress · 28 February 1980
Resource Conservation and Development Act of 1980 - Directs the Secretary of Agriculture to establish a resource conservation and development program to assist States, local units of government, and local nonprofit organizations to operate and maintain a planning process for land conservation and utilization, natural resources development, and rural economic and environmental improvement. Authorizes the Secretary to: (1) provide technical assistance in developing area plans for designated rural areas; (2) cooperate in conducting surveys and inventories, disseminating information, and developing area plans; (3) assist in the carrying out of approved area plans by local public agencies and nonprofit organizations designated by States; and (4) enter into specified agreements. Sets forth terms and conditions of agreements which must be met if the Secretary is to provide any technical or financial assistance, including loans, to a State agency, local government, or local nonprofit organization in carrying out works of improvement specified in an approved area plan. Permits the identification of groups or problems for special consideration in area plans. Declares that the authority of the Secretary under this Act shall be supplemental and not in lieu of any authority of the Secretary under any other provision of law. Directs the Secretary to establish within the Department of Agriculture a Resource Conservation and Development Policy Board to advise the Secretary regarding the administration of this Act. Directs the Secretary to evaluate the program provided for in this Act and to report on such evaluation, with recommendations. Authorizes appropriations necessary to carry out this Act, with specified annual limits on technical and financial assistance and on loans.
United States · United States Congress · 27 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 · 12 February 1980
Amends the Internal Revenue Code to exclude from gross income interest income received by a seller of agricultural land pursuant to an insured loan under the Consolidated Farm and Rural Development Act which is extended to certain new farmers or ranchers.
United States · United States Congress · 5 February 1980
Small Business Equal Access to Justice Act - Title I: Small Business Administration Office of Advocacy - Amends title II of the Small Business Investment Act (Study of Small Business) to direct the Office of Advocacy within the Small Business Administration to assist the Attorney General, Federal agencies, and the Chairman of the Administrative Conference to facilitate relief afforded to small businesses under such Act. Requires the Chief Counsel for Advocacy to submit biennial reports to the President and Congress on awards made to small businesses under such Act. Title II: Small Business Equal Access to Justice - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency, including the Post Office, or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Makes this Act applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this Act six months after enactment. Directs the Office of the Chairman of the Administrative Conference of the United States and Director of the Administrative Office of the United States Courts to provide to the Small Business Office of Advocacy the information required to be collected in title I of this Act.
United States · United States Congress · 5 February 1980
Provides that Government life insurance shall be paid in accordance with any election of the insured. Stipulates that if at the time of death no such election has been made, the Administrator of Veterans' Affairs shall notify the beneficiary who shall elect whether to receive payment in a lump sum or in installments. Directs the Administrator to notify all insured individuals have not made such election concerning the effect of this Act.
United States · United States Congress · 4 February 1980
Amends the Internal Revenue Code to provide that the income tax deduction for charitable contributions to private foundations shall be the same as the deduction allowed for contributions to public charities (50 percent of taxpayer adjusted gross income). Eliminates distinctions between public charities and private foundations for purposes of the tax deduction for charitable contributions. Exempts grants made to charitable organizations by a private foundation from the excise tax penalties on private foundation taxable expenditures, if the foundation making the grant has not made grants to the organization in excess of $15,000 during the calendar year. Permits the abatement of excise tax penalties imposed on private foundations if the Secretary of the Treasury determines that the activity giving rise to the tax penalty was due to reasonable cause and not to intentional disregard of rules and regulations, and was corrected within the specified time period for corrections. Redefines "members of family" for purposes of identifying disqualified persons under the private foundation self- dealing rules, to include the individual's spouse, ancestors, and children, and the spouses of the individual's children. Limits the amount of private foundation income which is required to be distributed for a taxable year to the amount of the minimum investment return, as defined under the private foundation excise tax penalty rules, (currently, the greater of minimum investment return or adjusted net income). Classifies expenses for the production of gross investment income or for the management of investment property as qualifying distributions for purposes of requirements relating to the distribution of private foundation distributable income. Excludes capital gain income from the computation of net investment income for purposes of computing the two percent tax on the investment income of private foundations.
United States · United States Congress · 31 January 1980
Amends the Internal Revenue Code to allow individual taxpayers who have attained age 65 an income tax exclusion for up to $500 ($1,000 for joint returns) of the interest income received by the taxpayer during the taxable year on deposits or accounts in a bank, mutual savings bank, or credit union.
United States · United States Congress · 30 January 1980
Authorizes the President to present, on behalf of the Congress, a gold medal of appropriate design to Ambassador Kenneth Taylor in recognition of his efforts to secure the return of six American Embassy officials in Tehran. Authorizes and directs the Secretary of the Treasury to cause to be struck such gold medal with suitable emblems, devices, and inscriptions.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 30 January 1980
Urges the President to: (1) notify the Soviet Union that the United States will terminate the Agreement on Maritime Matters, unless Soviet troops are withdrawn from Afghanistan; and (2) refuse the Soviets permission to enter U.S. ports, until such troops are withdrawn.
United States · United States Congress · 29 January 1980
Establishes the Lake Tahoe National Scenic Area, in the States of California and Nevada, to be administered by the Secretary of Agriculture in accordance with the provisions of this Act and, in the case of national forest land within such scenic area, in accordance with the laws applicable to the national forests. Directs the Secretary to prepare a plan which shall contain such standards and describe such programs as the Secretary considers appropriate to carry out the purpose of this Act. Requires the Secretary, before adopting any such plan, to: (1) publish a proposed plan which shall be available to the public; and (2) hold at least two public hearings within the scenic area regarding the proposed plan. Directs the Secretary to adopt, within two years after the date of enactment of this Act, a final "Lake Tahoe National Scenic Area Plan". Directs the Secretary, as soon as possible after the date of enactment of this Act, to promulgate regulations which distinguish between the types of activities which shall be deemed to have a potentially significant impact on the scenic area and those activities which do not. Requires any State or local governmental entity which has authority to issue any permit, variance, license, or other type of approval for any activity which is deemed to have a potentially significant impact on the scenic area to provide prompt notice to the Secretary of any determination made by such entity to: (1) approve an application; or (2) carry out such activity (in the case of activities conducted directly or indirectly by the State or local government). Prohibits any such permit, variance, license, or other type of approval from becoming effective unless, within a 60 day period after such entity has submitted notice to the Secretary, the Secretary has issued a written approval of the activity. Allows any permit, variance, license, or other type of approval for an activity which is deemed not to have a potentially significant impact on the scenic area to become effective 10 days after approval is made, unless, during such time, any interested party submits a written petition to the Secretary appealing the approval. Sets forth specified actions that the Secretary shall take to ensure that certain Federal funds and permits are not made available to any State or local governmental entity having jurisdiction within the scenic area if the Secretary determines that such governmental entity has failed to: (1) establish regulations or laws consistent with the standards specified in the plan within one year after any such standards have been adopted by the Secretary; (2) interpret such regulations or laws in a manner consistent with the plan; or (3) notify the Secretary of applications for building or sewer permits or zoning variances within the scenic area. Allows the Secretary to charge user fees for use of the scenic area. Establishes in the Treasury of the United States a Lake Tahoe National Scenic Area fund which shall be available to the Secretary for the purpose of implementing this Act. Permits the Secretary to acquire by donation, purchase with donated or appropriated funds, exchange, condemnation, or otherwise any property, or interest therein, within the scenic area. Limits acquisition by condemnation to specified conditions. Allows the Secretary to establish a Lake Tahoe National Scenic Area Advisory Commission to insure public participation in the preparation and implementation of the plan. Declares that nothing contained in this Act shall effect any right of the States of California or Nevada, or any political subdivisions thereof, to: (1) exercise civil or criminal jurisdiction within the scenic area; (2) levy taxes on any persons or property within the scenic area; or (3) adopt and enforce any standards or requirements for the protection of scenic resources or environmental quality within the scenic area. Provides for the mitigation of local revenue losses due to an increase in property taxes on properties remaining in private ownership within the scenic area. Provides for judicial review of any final action or order of the Secretary under this Act. Repeals the Act consenting to the Tahoe regional planning compact approved December 18, 1969, effective upon the date of the adoption of the plan by the Secretary.
United States · United States Congress · 28 January 1980
Fusion Energy Research, Development, and Demonstration Act of 1980 - Directs the Secretary of Energy to establish research, development, and demonstration programs involving magnetic fusion energy systems to: (1) construct and operate a fusion engineering test facility by 1986; (2) construct and operate a magnetic fusion demonstration facility before the end of this century; (3) maintain and expand the base programs for fusion energy research and the development and testing of appropriate alternative confinement technologies; (4) maintain a strong research and development program in advanced fusion fuels; and (5) ensure an uninterrupted source of scientific and engineering talent from institutions of higher learning to support such effort. Requires such programs to include a study of the potential of using fusion energy for the production of synthetic fuels and the electrification of ground transportation systems. Directs the Secretary to disseminate information promoting the practical uses of fusion energy.
United States · United States Congress · 22 January 1980
Authorizes and requests the President to issue a proclamation honoring the memory of Walt Disney on the 25th anniversary of his contribution to the American dream.
United States · United States Congress · 22 January 1980
Expresses the sense of Congress that the President should call upon the International Olympic Committee to relocate the 1980 summer Olympic games outside of the Soviet Union.
United States · United States Congress · 20 December 1979
Provides for an exemption from the windfall profits tax for independent oil producers for an amount equal to 1,000 barrels of crude oil multiplied by the number of days in the taxable period.
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 · 14 December 1979
Amends the Older Americans Act of 1965 to provide that area agencies on aging shall have authority to award funds to the providers of home delivered meals for older persons without requiring that such providers also furnish meals to older persons in a congregate setting.
![Official portrait of Rep. Erdahl, Arlen [R-MN-1]](https://www.congress.gov/img/member/e000198_200.jpg)