United States · United States Congress · 2 July 1980
Tax Rate Reduction Act of 1980 - Title I: Individual Tax Rates - Amends the Internal Revenue Code to reduce individual income tax rates for calendar years 1981 through 1985, and permanently thereafter. Title II: Inflation Adjustments for Taxable Years Beginning After 1985 - Requires annual cost of living adjustments to income levels in each income tax bracket, beginning in calendar year 1985. Requires similar cost of living adjustments to the $1,000 personal tax exemption. Increases the minimum income levels at which a taxpayer is required to file an income tax return by providing that such levels shall be equal to the taxpayer's income tax exemption and zero bracket amount, adjusted for inflation.
United States · United States Congress · 2 July 1980
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 1 July 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize a U.S. court to penalize an individual convicted of a felony by excluding any wages and self-employment income earned by such individual during the calendar year in which such conviction occurs or any prior year from the wages and income of such individual for purposes of determining the old age, survivors and disability insurance (OASDI) benefits payable to that individual. Declares that such a penalty shall cease to apply after such individual serves his or her sentence or is pardoned or paroled. Authorizes the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to certify directly to the administrator of a penal, correctional, or psychiatric institution the payments of OASDI benefits payable to any inmate who has been convicted of a felony or found not guilty of a felony by reason of insanity, provided such institution has established a system for obtaining reimbursement from its inmates for maintenance, rehabilitation, or related expenses. Prohibits the payment of any disability insurance benefits to any individual convicted of a felony if the disabling injury occurred during the commission of the felony. Prohibits the payment of any survivors insurance benefits to any individual who was convicted of the felonious homicide of the person upon whose earnings such benefits are based. Declares that for the purpose of determining OASDI benefits an individual shall not qualify as a full-time student during a period exceeding four months in which the individual does not attend school if the individual is incarcerated after being convicted of a felony or found guilty of a felony by reason of insanity. States that benefits withheld from incarcerated individuals pursuant to this Act shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the wages and self-employment income of such individuals.
United States · United States Congress · 25 June 1980
Directs the Postmaster General to issue a commemorative postage stamp in honor of Father Michael J. McGivney, the founder of the Knights of Columbus, as the Knights of Columbus celebrate their 100th anniversary. Requires that such stamp be issued in the denomination used for first class mail and be placed on sale in 1982.
United States · United States Congress · 25 June 1980
Tax Reduction - Job Creation Act - Title I: Individual Tax Rates - Amends the Internal Revenue Code to reduce income tax rates for each category of individual taxpayers. Title II: Incentives for New Plant and Equipment - 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 taxpayers 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.
United States · United States Congress · 25 June 1980
Directs the Board of Regents of the Uniformed Services University of the Health Sciences to establish a program of training in military medicine for reserve commissioned officers enrolled in the Armed Forces Health Professions Scholarship program. Authorizes the Secretary of Defense to relieve participants who complete such training program from the 45-day active duty service requirement during one year of the scholarship program.
United States · United States Congress · 17 June 1980
Directs the Secretary of Health and Human Services to halt immediately implementation of those regulations relating to clinical laboratory personnel published October 12, 1979, and published as corrected October 23, 1979.
United States · United States Congress · 12 June 1980
Urban Jobs and Enterprise Zone Act of 1980 - Title I: Designation of Private Jobs and Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of private jobs and enterprise zones, for a ten-year period, by local governments, or by State governments on behalf of local governments subject to the approval of the Secretary of Commerce, for purposes of extending the tax incentives provided by title II of this Act to employers and employees within designated zones. Specifies that the Secretary may only approve the designation of such zones if: (1) the area is within the jurisdiction of the designating local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000, or is an Indian reservation; and (4) the area meets specified unemployment and poverty requirements. Requires designating local governments, as a condition of the Secretary's approval, to effect a permanent real property tax reduction in their respective jurisdictions, which is not less than 20 percent of the current effective rate. Requires any such property tax reduction to be disregarded for the purpose of determining the eligibility of a State or local government for Federal assistance or benefits. Expresses the sense of the Congress that in the case of any application for designation of an area in a private jobs and enterprise zone as a foreign trade zone: (1) the Foreign Trade Zone Board should expedite the application process; (2) the Board, in evaluating such application, should consider not only the current economic conditions within the zone, but also future development to be expected as a result of the incentives provided by this Act; and (3) the Board should provide technical assistance to the applicants. Title II: Tax Incentives - Amends the Internal Revenue Code to reduce social security payroll taxes in designated private jobs and enterprise zones. States that such tax rate reductions shall not affect an individual's eligibility for social security benefits. Appropriates to the Federal Disability and Hospital Insurance Trust Funds general revenue amounts equivalent to the amount by which such taxes are reduced. Reduces the rate of tax on the capital gains of individuals and corporations in such zones. Exempts gain from the sale or exchange of property used in a business in a private jobs and enterprise zone from the computation of the minimum tax. Reduces the rate of tax on the income of corporations whose workforce comprises at least 50 percent of individuals working in a private jobs and enterprise zone (qualifying businesses). Authorizes accelerated depreciation for qualifying businesses (straight line method based on a three year useful life). Limits the basis for depreciation to $500,000. Allows a full investment tax credit for such property despite election of such accelerated depreciation. Permits qualifying businesses to elect to use a cash method of accounting if their gross receipts do not exceed $1,500,000 in any prior taxable year. Allows a ten year carryover of net operating losses for qualifying businesses. Title III: Effective Date - Specifies effective dates for provisions of this Act which apply to income tax, provisions which apply to social security payroll taxes, and provisions which apply to tax procedure and administration.
United States · United States Congress · 10 June 1980
Amends the Internal Revenue Code to provide that deferred compensation plans shall not be deemed as not satisfying minimum vesting standards even if there is a reasonable likelihood that the accrual of benefits or forfeitures under such plans will tend to discriminate in favor of employees who are officers, shareholders, or highly compensated.
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 · 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 · 14 May 1980
Authorizes and requests the President to designate the seven-day period beginning October 5, 1980, as "National Port Week." Directs the Secretary of Commerce to report annually to Congress on the conditions of U.S. public ports.
United States · United States Congress · 7 May 1980
Amends the Internal Revenue Code to exempt from the windfall profit tax: (1) independent producer oil; and (2) royalty interests attributable to ownership of the property from which such oil is produced.
United States · United States Congress · 6 May 1980
Immigration and Nationality Act Amendments of 1980 - Amends the Immigration and Nationality Act to exclude from the definition of "immigrant" an alien (and accompanying spouse and children) having a foreign residence (with no intention of abandoning such residence) coming to the United States temporarily to study full-time at a vocational, language, or other nonacademic institution approved by the Attorney General. Redefines the definition of "child" to include: (1) an illegitimate child through whom, or on whose behalf, a status or benefit under such Act is sought by virtue of the relationship to its natural father; (2) a child adopted before the age of 16; and (3) an orphan under the age of 16. Excludes adultery from the determination of good moral character for the purposes of such Act. Limits the existing drug-related provision relating to good moral character to "trafficking in narcotics." Provides that aliens seeking admission within five years of the date of their deportation or removal shall be ineligible for admission into the United States (presently no time limit on excludability). Eliminates certain reporting requirements imposed on the Attorney General regarding his/her discretionary waiver of excludability. Includes drug offenses among the categories of excludability that may be waived in the case of alien children, spouses, or parents of U.S. citizens or permanent residents seeking admission as immigrants. Exempts specified aliens with medical specialties practicing in the United States as of January 9, 1977, from alien exclusion provisions. Revises re-entry permit provisions to authorize the issuance of such permit for a two-year nonrenewable period (presently one year with up to a one year discretionary extension). Revises alien deportation and maintenance expense provisions to: (1) provide that deportation shall be to the country from which the alien boarded the vessel or airplane that brought him to the United States; (2) provide that if such departure was from a foreign territory contiguous to the United States of which such alien was not a national or resident, then deportation shall be to the country from which such alien departed for such contiguous territory; (3) set forth guidelines for the Attorney General if a country is unwilling to accept a deportable alien; and (4) require such transportation lines to deposit a bond to cover any fine or disputed fine relating to deportation with a district director of customs (presently with a customs collector). Makes the existing mandatory waiver of fraudulent entry deportation provisions regarding alien spouses, children, or parents of United States citizens or permanent residents discretionary. Provides that such deportation waiver shall also operate with regard to improper entry documents directly resulting from such fraud. Eliminates certain reporting requirements imposed on the Attorney General regarding his/her discretionary waiver of deportation or adjustment of status. Provides, with regard to such cancelled deportation proceedings, that the reduction of available immigrant visas shall come from the overall permanent or conditional entry visa allotment rather than from the nonpreference immigrant allotment. Permits certain nonimmigrant exchange aliens to have deportation proceedings suspended and have their status adjusted to permanent resident. Revises the category of nonimmigrant aliens who cannot have their nonimmigrant classification changed in another nonimmigrant classification without first applying to the Attorney General for such change. Repeals alien change of address requirements concerning: (1) yearly current address notification; and (2) three-month notification of current address by temporary residents. Provides with regard to the smuggling of aliens into the United States that: (1) any conveyance, including vessels, vehicles, or aircraft used for such purposes (excluding common carriers not consenting to such act and stolen conveyances), shall be subject to seizure and forfeiture; (2) any conveyance may be seized without warrant if probable cause exists and circumstances exist where a warrant is not constitutionally required; (3) specified customs laws shall apply to such seizures; (4) seizures of vessels shall be subject to the Supplemental Rules of Certain Admiralty and Maritime Claims; (5) the Attorney General may retain for official use, sell, or require the General Services Administration to take custody of, any forfeited conveyance; and (6) in all forfeiture suits where the conveyance is claimed by any person the burden of proof shall be on such person, provided that probable cause for such forfeiture shall first be shown by the Government. Provides that the spouse and dependent unmarried children of an alien who qualifies for certain naturalization residence requirement exceptions shall also qualify for such exceptions for the period they resided abroad as members of such alien's household. Removes: (1) the requirement that two witnesses verify an individual's naturalization petition; and (2) certain affidavit and proof of residence requirements for such petition. Repeals the provisions requiring: (1) witnesses to be present at a final naturalization hearing; and (2) a 30 day waiting period between the filing of a petition and the issuance of a certificate of naturalization. Requires the clerk of a naturalization court to pay to the Attorney General one-half of all fees up to $40,000 (presently $6,000), and all fees in excess of such amount, in a fiscal year. Authorizes the Attorney General to admit for permanent residence certain aliens: (1) otherwise excludable for specified drug-related convictions; and (2) having immigrant visas, but excludable for other specified reasons, and who could not have been aware through reasonable diligence of such excludability before coming to the United States. Includes individuals who participated in Nazi-related World War II persecutions within the category of excludable aliens whom the Attorney General may not allow to depart voluntarily in lieu of a deportation proceeding. Prohibits the Attorney General from suspending the deportation and adjusting the status (to that of a lawful permanent resident) of such individuals. Removes the requirement that adopted children born outside the United States be adopted while under the age of 16 in order for certain automatic citizenship provisions to apply. Excludes specified classes of aliens present in the United States on or before June 1, 1978, from being counted against the annual total and country admission limitations.
United States · United States Congress · 1 May 1980
Urban Jobs and Enterprise Zone Act of 1980 - Title I: Designation of Private Jobs and Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of private jobs and enterprise zones by local governments, subject to the approval of the Secretary of Commerce, for purposes of extending the tax incentives provided by title II of this Act to employers and employees within designated zones. Specifies that the Secretary may only approve the designation of such zones if: (1) the area is within the jurisdiction of the designating local government; (2) the boundary of the area is continuous; (3) the area has a population of at least 4,000; and (4) the area meets specified unemployment and poverty requirements. Requires designating local governments, as a condition of the Secretary's approval, to effect a permanent real property tax reduction in their respective jurisdictions, which is not less than 20 percent of the current effective rate. Expresses the sense of the Congress that in the case of any application for designation of an area in a private jobs and enterprise zone as a foreign trade zone: (1) the Foreign-Trade Zone Board should expedite the application process; (2) the Board, in evaluating such application, should consider not only the current economic conditions within the zone, but also future development to be expected as a result of the incentives provided by this Act; and (3) the Board should provide technical assistance to the applicants. Title II: Tax Incentives - Amends the Internal Revenue Code to reduce social security payroll taxes in designated private jobs and enterprise zones. Reduces the rate of tax on the capital gains of individuals and corporations in such zones. Exempts gain from the sale or exchange of property used in a business in a private jobs and enterprise zone from the computation of the minimum tax. Reduces the rate of tax on the income of corporations whose workforce comprises at least 50 percent of individuals working in a private jobs and enterprise zone (qualifying businesses). Authorizes accelerated depreciation for qualifying businesses (straight line method based on a three year useful life). Limits the basis for depreciation to $500,000. Permits qualifying businesses to elect to use a cash method of accounting if their gross receipts do not exceed $1,500,000 in any prior taxable year. Allows a ten year carryover of net operating losses for qualifying businesses. Title III: Effective Dates - Specifies effective dates for provisions of this Act which apply to income tax and for provisions which apply to social security payroll taxes.
United States · United States Congress · 28 April 1980
Expresses the condolences of the Congress over the death of members and officials of the United States Amateur Athletic Union boxing team in a plane crash in Warsaw, Poland.
United States · United States Congress · 24 April 1980
Peremptory Challenge Act of 1980 - Requires that a civil or criminal case which is to be tried in Federal district court or bankruptcy court shall be reassigned to another appropriate judicial officer if all parties on one side of such case file an application requesting reassignment.
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 · 22 April 1980
Amends the Internal Revenue Code to allow homeowners a nonrefundable income tax credit for 50 percent of the expenses paid or incurred to make alterations to their residences for the purpose of making such residences more accessible to, and usable by, a handicapped individual who is either the taxpayer, his spouse, or a dependent of the taxpayer. Limits the amount of such credit, for each such handicapped individual, to the lesser of $1,000 or an amount which, when added to previous year's credits, does not exceed $5,000. Reduces the amount of such credit by one-half of the amount by which the adjusted gross income of the taxpayer exceeds $20,000 ($35,000 in the case of married individuals filing jointly). Defines "handicapped individual" as any individual who has a medically identifiable mental or physical impairment which can be expected to result in death or which can be expected to last for a continuous period of at least 12 months, and which substantially limits one or more of the major life activities of such individual. Requires the handicapped individual to live in the principal residence for which the alterations are made for not less than a nine month period during the taxable year.
United States · United States Congress · 22 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 · 22 April 1980
Guillain-Barre Syndrome Compensation Commission Act - Establishes the Guillain-Barre Syndrome Compensation Commission to fairly and expeditiously hear, determine, and pay claims against the United States for injuries to individuals who contracted such syndrome after immunization pursuant to the swine flu program. Sets forth the composition and operating procedures of such Commission. Authorizes the Commission to appoint a director and staff and procure other necessary personnel. Directs the Commission to hold hearings at times and places necessary to carry out the purposes of this Act. Authorizes the Commission to issue subpenas relative to procuring evidence of the liability of the United States for damages to a claimant. Provides judicial procedures for refusal to obey such subpenas. Authorizes the Chairperson of the Commission to secure any information from Federal agencies not exempted from disclosure by rule of law. Directs that any claim for relief under this Act shall be submitted to the Commission within 12 months after the date of enactment of such Act. Requires the Commission, within 120 days of receipt of such claim, to hold a hearing to determine the eligibility and amount of damages due any such claimant. Declares a claimant eligible for damages if: (1) a timely claim has been filed; (2) the Guillain-Barre Syndrome was contracted within 20 weeks after immunization; and (3) the claimant has not received a full settlement of such claim against the United States. Specifies time periods under which the Commission shall make a final determination pursuant to any claim and to make payment of damages due any claimant. Declares that any payment to a claimant shall be in full settlement of all claims of such claimant against the United States arising out of the swine flu program. Directs the Commission to submit a final report to the President and each House of Congress pursuant to its operations under this Act, within three years after the date of enactment of such Act. Declares that the Commission shall terminate on a date determined by the Secretary of Health and Human Services.
United States · United States Congress · 16 April 1980
Directs the President to utilize the forum of the Venice Economic Summit to urge the development of an International Code of Business Conduct. Expresses the sense of Congress that the President should negotiate and report to Congress concerning agreements to establish standards of ethical and equitable conduct of international business and mechanisms to resolve problems. Requires the Joint Economic Committee to report to Congress concerning its recommendations regarding such negotiations.
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 · 31 March 1980
Amends the Internal Revenue Code to allow an employee, in the case of an employee annuity, to elect to exclude from gross income all amounts received by such employee under the annuity until the employee recovers his consideration, without regard to whether such consideration is recovered during the first three years of such annuity. Authorizes revocation of such election only with the consent of the Secretary of the Treasury.
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
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 · 19 March 1980
Directs the Bureau of Labor Statistics, in addition to its monthly collection of statistics and report on the volume of and changes in employment in specified fields, to collect statistics and report on job vacancies in such fields and to use the number of available but unfilled positions as an indicator. Requires that all statistics in its monthly report be derived from a data base which permits meaningful comparison of the statistics.
United States · United States Congress · 19 March 1980
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 18 March 1980
Exempts Shippers' Export Declarations from public disclosure unless the Secretary of Commerce determines that such exemption would be contrary to the national interest. Requires the person in command of a ship bound for a foreign port to attach bills of lading or equivalent documents to the manifest of the ship's cargo which is required to be submitted to the appropriate United States Customs Service officer to obtain clearance for the ship. Specifies the information to be included on such manifest or attached documents and the elements of such information which shall be available for public disclosure. Authorizes the Secretary of the Treasury to establish procedures to provide access to the information which may be disclosed and protection for the information not available for disclosure.
United States · United States Congress · 17 March 1980
Amends the Trade Expansion Act of 1962 to prohibit the President from taking action, pursuant to the President's authority to adjust the imports of articles which threaten national security, to impose import fees on petroleum and petroleum products imported into the United States without specific authorization from Congress, effective March 1, 1980.
United States · United States Congress · 17 March 1980
Amends the Food Stamp Act of 1977 to reduce the value of the allotment received by a household containing members who have available to them meals provided under the national school lunch program.
United States · United States Congress · 13 March 1980
Domestic Energy Security Act - Title I: Regulatory Amendments - Amends the Powerplant and Industrial Fuel Use Act of 1978 to eliminate the restrictions on the use of natural gas at existing electric powerplants. Amends the Emergency Petroleum Allocation Act of 1973 to terminate at the end of the month following the date of enactment of this Act the authority to promulgate and amend any regulation, to issue any order, and to enforce any such regulation or order issued pursuant to such Act, including any such regulation or order or enforcement thereof relating to heavy oil. Amends the mandatory allocation and price control provisions of such Act by exempting from the regulation promulgated under such provision the first sale of heavy crude oil. Exempts such exempted oil from the provision authorizing the President to reimpose allocation and price requirements on any exempt oil or refined product category. Exempts heavy crude oil from any Federal windfall profits or other Federal excise tax imposed on domestically-produced crude oil. Amends the Natural Gas Policy Act of 1978 to eliminate price controls over the first sale of natural gas at the end of the month following the date of enactment of this Act. Repeals the standby price control authority and reporting provisions of such Act and the incremental pricing, additional authorities and requirements, and natural gas curtailment policies provisions of such Act. Amends the Powerplant and Industrial Fuel Use Act of 1978 to direct the Federal Energy Regulatory Commission to take appropriate actions to increase the use of coal by powerplants and other facilities which otherwise use petroleum as fuel. Title II: Tax Provisions - Amends the Internal Revenue Code of 1954 to extend until December 31, 1995, the period during which qualified energy property is placed in service for the purposes of the investment tax credit. Increases the energy percentage with respect to such credit from ten to 15 percent of the qualified investment property. Adds oil and gas equipment to the types of equipment included within the definition of energy property. Sets forth provisions allowing a deduction with respect to the amortization of any energy property based on a period of 60 months. Excludes such property from being treated as qualified investment property for the purposes of the investment tax credit. Allows such amortization deduction to be taken by estates and trusts in the same manner as in the case of an individual. Sets forth other provisions with regard to such property relating to basis in certain exchanges, gain from dispositions of depreciable property, and depreciation adjustments. Title III: Miscellaneous Provisions - Provides for the severability of any provision of this Act or the application of any such provision which is declared invalid.
United States · United States Congress · 12 March 1980
Requires that each State establish and maintain an approved workfare program as a condition of its eligibility for Federal payments or other assistance under the: (1) program of aid to families with dependent children under the Social Security Act; (2) food stamp program under the Food Stamp Act of 1977; and (3) public housing and assisted housing programs under the United States Housing Act of 1937. Requires that such State workfare program shall require every State resident applying for or receiving aid under such Federal public assistance program to perform work in return for (and as a condition of his or her eligibility for) such aid. Directs the appropriate Federal agencies to promulgate guidelines for approval, supervision, and oversight of such State workfare programs. Exempts from required participation in such programs those who are: (1) under age 18 or over age 65; (2) disabled; (3) regularly employed for at least 40 hours a week; or (4) primarily responsible for the care of a child less than three years old (or for the care of a child more than two but less than six years old if suitable child care is not available at reasonable cost). Requires that each State workfare program must provide that if any individual who is required to participate in such program refuses to accept a bona fide offer of qualified employment or to perform qualified employment, in any month, neither such individual nor any other person in the family or household of which such individual is a member shall be eligible to receive any aid under such Federal public assistance programs for that month. Requires that State workfare programs include provision for job counseling, assistance in obtaining employment outside the program, and job search activities. Provides for: (1) Federal matching funds to cover administrative costs of such State programs; (2) Federal cut-offs of funds to State agencies for failure to comply with this Act; and (3) Federal agency reports to Congress on such State programs. Authorizes appropriations to carry out this Act.
United States · United States Congress · 11 March 1980
Amends the venue provisions of Federal law to provide that a civil action in which a defendant is the United States, a United States agency, or an officer or employee thereof acting in an official capacity may be brought in any judicial district in which the plaintiff or defendant has its principal place of business, and must be brought in a judicial district in which a substantial portion of the impact or injury exists. Requires an appeal from a final order of the Federal Communications Commission, the Federal Maritime Commission, the Interstate Commerce Commission, the Atomic Energy Commission, the Secretary of Agriculture, or the Maritime Administration to be brought in a judicial circuit in which a substantial portion of the impact or injury exists.
United States · United States Congress · 11 March 1980
Amends the Emergency Petroleum Allocation Act of 1973 to exempt the first sale of heavy crude oil from the mandatory allocation regulations promulgated under such Act. Provides that such exemption shall not be subject to the President's authority to reimpose allocation requirements on any exempt oil. Exempts heavy crude oil from any Federal windfall profit tax or other Federal excise tax.
United States · United States Congress · 5 March 1980
Expresses the sense of the House of Representatives that the first concurrent resolution on the budget for fiscal year 1981 reported by the Committee on the Budget shall limit budget outlays to 21 percent of the gross national product.
United States · United States Congress · 27 February 1980
Amends the Federal Election Campaign Act to include any loan, payment, or gift made for the purpose of participating or intervening in a political campaign for certain offices within the definition of a "contribution or expenditure" by a national bank, a corporation, or a labor organization for purposes of such Act and the Public Utility Holding Company Act. Allows a corporation or labor organization to establish and administer a separate contributory fund for political purposes provided that all contributions for or to the fund are made voluntarily and are unrelated to any fees required for membership or employment in such organization or corporation. Prohibits the payment of any costs of establishing or administering the fund from moneys obtained in any commercial transaction.
United States · United States Congress · 26 February 1980
Small Business Capital Incentive Act of 1980 - Amends the Internal Revenue Code to permit a taxpayer to elect shorter useful lives for buildings and business machinery in computing the allowance for depreciation. Specifies that the taxpayer may elect a useful life of 15 years in the case of a building and its structural components, and four years in the case of business machinery eligible for the investment tax credit. Imposes a $3,000,000 basic limit for buildings and a $1,000,000 limit for machinery eligible for the election provided by this Act. Reduces from seven to three years the useful life of investment tax credit property which is eligible for the full amount of such credit.
![Official portrait of Rep. Lungren, Daniel E. [R-CA-3]](https://www.congress.gov/img/member/l000517_200.jpg)