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United States · Official source
3,267 records where Rep. Rodino, Peter W., Jr. [D-NJ-10] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 6 January 1981
Amends the Uniform Time Act of 1966 to extend the period of daylight saving time.
United States · United States Congress · 6 January 1981
Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to make grants to hospitals meeting specified requirements for their provision of health services during a one year period to individuals who are not eligible for Medicaid (title XIX of the Act), are not covered by insurance, and are otherwise unable to pay for such services.
United States · United States Congress · 6 January 1981
Requests the President the designate the week commencing with the third Monday in February of 1982 as "National Patriotism Week."
United States · United States Congress · 5 January 1981
Research Modernization Act - Directs the Secretary of Health and Human Services to establish within the National Institutes of Health a National Center for Alternative Research to develop and coordinate alternative methods of research and testing which do not involve the use of live animals. States that the Center shall be managed by a Director appointed by the Secretary of Health and Human Services and that the head of any Federal agency which conducts or sponsors research or testing involving the use of live animals appoint one employee to serve as a member of the Center. Directs the Secretary to establish within the Center an Advisory Committee to advise the Center. Requires the Secretary to make and publish in the Federal Register descriptions of alternative methods of testing which meet the regulatory scientific needs of the agencies and which have been reported in summary or plan. Prohibits the use of Federal funds to sponsor research or testing involving the use of live animals if alternative methods have been published in the Federal Register or if such work duplicates work performed by another agency. Requires each agency conducting research involving the use of live animals to: (1) implement a program to develop and utilize alternative methods of research and testing that would reduce or eliminate reliance on the use of live animals; and (2) make grants and enter into contracts with educational institutions to establish courses for the training of scientists in methods of research and testing which do not involve the use of live animals. Requires the Secretary to submit to Congress annually a summary of the Director's annual report of the performance of the Center.
United States · United States Congress · 5 January 1981
Amends the Tariff Schedules of the United States to delete the tariff provisions: (1) for U.S. products assembled abroad; and (2) for U.S. metals exported for additional processing and returned for further processing.
United States · United States Congress · 5 January 1981
Amends the Communications Act of 1934 to prohibit the manufacture, importation, installation, offer to sell, rent, or lease, or other distribution of telephone receivers or similar equipment manufactured after the date of enactment of this Act for use in connection with any interstate or foreign communication, unless such receiver or equipment is designed and manufactured to permit telephone reception by means of hearing aids with inductive receptors. Establishes fines for violations of this Act.
United States · United States Congress · 5 January 1981
Amends the Internal Revenue Code to permit taxpayers who do not itemize income tax deductions to claim a deduction from gross income for charitable contributions.
United States · United States Congress · 5 January 1981
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Oil Pollution Liability and Compensation - Provides that, in addition to the processing and settlement of claims, the Comprehensive Oil Pollution Liability Trust Fund (Fund), established in title II of this Act, is immediately available to pay specified removal costs arising out of an oil pollution incident. Authorizes the Secretary of Transportation to issue regulations designating the person or persons who may obligate available money in the Fund for such purposes. Permits claims for damages for economic loss, incurred within a specified time, to be asserted for: (1) removal costs; (2) injury to or destruction of property or natural resources; and (3) loss of profits or impairment of earning capacity due to such injury or destruction. Specifies the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires owners or operators of vessels over 300 tons (including foreign vessels) and owners or operators of offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Permits any owner or operator of more than one vessel or offshore facility to establish financial responsibility only to meet the maximum liability of the largest of such vessels or facilities, as the case may be. Provides for the enforcement of such financial responsibility requirements. States, in the case of an owner who is the holder of a leasehold interest or permit for the exploration of oil offshore, that evidence of financial responsibility established for the leasehold shall cover such owner for all facilities located on the leasehold. Provides that where an offshore facility is owned or operated by more than one person, evidence of financial responsibility may be established by any one of the owners or operators or in consolidated form. Requires owners or operators of each tank motor vehicle operated on highways and transporting oil in bulk, with a water capacity of more than 3,500 gallons, to establish and maintain evidence of specified financial responsibility. Limits the total liability of any guarantor, under this title, to the aggregate amount which such guarantor has provided as evidence of financial responsibility (except in cases of bad faith by a guarantor in settling a claim). Specifies procedures whereby the Secretary shall designate and advertise pollution sources. Directs the Secretary to advertise claims to be presented initially to the owner or operator, or to such person's guarantor, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source. Permits claimants either to present a claim to the Fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the Fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the Fund. Permits the Fund to intervene in such actions. Subrogates any person or Government entity, including the Fund, paying compensation, to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators or guarantors of alleged pollution sources. Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy. Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment). Sets penalties for persons failing to comply with specified provisions in this Act. Authorizes appropriations for this title. Directs the Secretary to submit an annual report to Congress on the administration of this title. Title II: Fund and Tax - Establishes the Fund in the Treasury of the United States. Transfers to the Fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax; (2) the amounts recovered or collected on behalf of such Fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under oil and hazardous substances liability provisions of the Federal Water Pollution Control Act insofar as these relate to petroleum oils. Makes amounts in the Fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims). Defines "compensable damages" for purposes of the Act. Restricts interest payable out of the Fund. Provides for certain interfund loans, under specified conditions. Directs the Secretary of the Treasury to consult with the Secretary of Transportation, in the case of the Fund, and with the Administrator of the Environmental Protection Agency, in the case of the Hazardous Substance Trust Fund, concerning such interfund loans. Limits payment of claims by the Fund by requiring a minimum balance of at least $30,000,000 in the Fund. States that claims are to be paid in the order in which they were finally determined. Limits U.S. liability for payment of claims under this Act to the amounts in the Funds established under this title. Prohibits the funds from borrowing any money from the general fund of the Treasury, other than a first year authorization of appropriations as a repayable advance. Sets forth administrative provisions for the Fund, including methods of transfer, management, and investment. Coordinates this title with other provisions in this Act. Provides that nothing in this Act other than this title shall authorize: (1) the establishment of any fund; (2) the payment out of any fund created by this title; (3) the levy or collection of any fee; or (4) the imposition of any requirement with respect to the procedure applicable to rules and regulations prescribed under this title. Provides that, to the extent not inconsistent with this title, any reference in title I of this Act to a fund shall be deemed to refer to the Fund. Provides that, if the balance in any fund is to be transferred to the Fund, then any claim arising before October 1, 1981, which would have been payable out of the other fund shall be payable out of the Fund. Provides that if the Secretary of the Treasury determines that there is: (1) a Trans-Alaska Pipeline (TAP) Liability Fund surplus, then the amount of such surplus shall be treated as an advance payment of the petroleum excise tax on crude oil first transported through the TAP after the date of such determination; or (2) a TAP fund deficit, then the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Bases such TAP fund surplus or deficit on whether the amount transferred to the Fund from the TAP Liability Fund is greater or lesser than the total amount of claims which the Secretary of the Interior certifies as outstanding against the TAP Liability Fund at the time of such transfer. Amends the Internal Revenue Code of 1954 to provide for environmental excise taxes on petroleum and certain chemicals. Imposes an excise tax (the "petroleum tax"), for fiscal years 1981 through 1986, of 1.3 cents a barrel on: (1) crude oil received at a U.S. refinery, to be paid by the operator; (2) petroleum products entered into the United States for consumption, use, or warehousing, to be paid by the person entering such product; and (3) any domestic crude oil used in or exported from the United States which has not been taxed under (1), to be paid by the person using or exporting such crude oil. Exempts from such tax domestic crude oil used, on the premises where it was produced, for extracting oil or natural gas. Defines 'crude oil', 'petroleum product', and 'United States' for purposes of the Act. Provides that only one such petroleum tax shall be imposed on any petroleum product. Title III: Regulations, Effective Dates, and Savings Provisions - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the provisions of this Act. Requires pro rata rebates to owners of oil when: (1) the amount of actual claims settled is less than the amount of claims certified against the Trans-Alaska Pipeline Liability Fund (TAP fund) or (2) any TAP fund surplus is not used as an advanced payment to the Comprehensive Oil Pollution Liability Fund. Amends the Federal Water Pollution Control Act to provide that the Secretary of the Army shall make any determination with respect to specified provisions applying to certain navigable waters.
United States · United States Congress · 5 January 1981
Nondiscrimination in Insurance Act - Prohibits discrimination on the basis of race, color, religion, sex, or national origin in the consideration of applications for, or the granting of, insurance policies and the terms of such policies. Permits insurers who regularly provide insurance solely to persons of a single religious affiliation to continue to do so. Grants to State or local governments having insurance discrimination laws the primary opportunity to enforce this Act. Permits an aggrieved person to file a civil action in State or Federal court against an insurer, if a State or local authority which has received notice of a complaint fails to act within 60 days or with respect to those authorities not having insurance discrimination laws. Authorizes the Attorney General to bring a civil action in district court when there is reasonable cause to believe that a person or group is engaged in a pattern or practice of resistance to the rights granted by this Act and that such denial raises an issue of general public importance.
United States · United States Congress · 5 January 1981
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the taxation of any title II benefits.
United States · United States Congress · 5 January 1981
Authorizes the President, subject to specified conditions, to negotiate agreements with foreign governments limiting imports of automobiles, trucks, and their parts. Restricts such authorization and such agreements to a specified period of time. Requires consultation with the private sector. Prohibits treating actions taken pursuant to such agreements as violations of U.S. laws.
United States · United States Congress · 5 January 1981
Establishes in the House of Representatives a Select Committee on Narcotics Abuse and Control to review problems of narcotics abuse, including enforcement, international trafficking, organized crime, and the criminal justice system with respect to narcotics law violations.
United States · United States Congress · 2 October 1980
Alaska Lands Amendments Act - Title I: Findings and Purposes - Declares it the purpose of this Act to amend the provisions of the Alaska National Interest Lands Conservation Act so as: (1) to preserve the geological, scientific, wilderness, cultural, recreational, and wildlife values of remaining Federal lands in Alaska; and (2) to provide authorities and guidelines for the administration of the provisions of the Alaska National Interest Lands Conservation Act. Title II - Amends the Alaska National Interest Lands Conservation Act to increase the acreage of: (1) West Chichagof-Yakobi Wilderness; (2) Misty Fjords National Monument Wilderness; (3) Russel Fjord Wilderness; (4) Renali Wilderness; (5) Gates of the Artic Wilderness; (6) Glacier Bay Wilderness; (7) Katmai Wilderness; (8) Artic Wildlife Refuge Wilderness; (9) Koyukak Wilderness; (10) Yukon Wilderness; (11) Yukon Flats National Wildlife Refuge; and (12) Artic National Wildlife Refuge. Decreases the acreage of: (1) Wrangell-Saint Elicis Wilderness; (2) Wrangell-Saint Elias National Park; and (3) Lake Clark National Preserve. Increases the acreage of Wrangell-Saint Elias National Preserve and Lake Clark National Preserve. Establishes: (1) Yukon Charley Wilderness; (2) Devilnaw Wilderness; (3) Copper River Wilderness; (4) Copper River National Wildlife Refuge; and (5) Tetlin Wilderness. Establishes the Teshekpuk National Wildlife Refuge and the Utukok National Wildlife Refuge with a program for the issuance of exploration permits and lease sales. Increases the acreage of Wild and Scenic River Corridors and designates portions of the Yukon (Ramparts section) as a scenic river area. Designates certain planning areas within the Tongass National Forest. Provides that no timber within designated planning areas be sold except pursuant to the Tongass land management plan. Provides that all National Forest System lands in specified planning areas be withdrawn from location, entry, and patent under the mining laws, subject to valid existing rights. Requires the Secretary of Agriculutre to report to Congress findings as to whether specified planning areas should be: (A) designated a wilderness; (B) continued in planning status; or (C) made available for multiple uses. Exempts specified planning areas from the second roadless area review and evaluation. Provides that funds necessary to maintain the timber supply from the Tongass National Forest shall be drawn from the total sums collected as receipts from oil, gas, timber and coal which are deposited in the Treasury and credited as miscellaneous receipts. Requires the Secretary of Agriculture to designate alternative lands of equal or greater timber value other than within Admiralty Island and Misty Fjords National Monuments in the satisfaction of the rights of the Natives of Sitka. Requires the Secretary of Agriculture to permit limited development within Misty Fjords National Monument to the extent U.S. Borax and Chemical is presently entitled. Provides that Monument McKinley shall retain its name. Removes Stiese National Conservation Area from coverage of the Act. Places certain restrictions on state selections and conveyances. Sets forth procedures for the conveyance of public lands to certain Village Corporations and Regional Corporations. Permits local residents and others aggrieved by a failure of the State or Federal government to provide for the priority for subsistence uses to file a civil action in the Federal Court for the District of Alaska. Provides that nothing in the Act shall preclude the renewal or continuation of valid leases or permits for cabins, homesites or similar structures. Extends the length of time required for the Secretary to complete certain studies and reports to the Congress. Provides that the executive may not withdraw more than 5,000 acres without the approval of the Congress by joint resolution within one year of notice of such withdrawal. Requires the Secretary to establish an oil and gas leasing program on public lands not included in the Federal North Slope Oil and Gas leasing program or the National Petroleum Reserve-Alaska unless prohibited by applicable law. Permits the Secretary to refuse to renew a permit for an existing cabin if the Secretary determines that such renewal would not be in the public interest. Prohibits any fees from being charged for entrance or admission to any unit of the National Park System located in Alaska. Makes additional technical, conforming and perfecting amendments.
United States · United States Congress · 24 September 1980
Continues the authority of the Department of Justice Appropriation Authorization Act, Fiscal Year 1980, until the earlier of the effective date of a general authorization Act or 180 days after enactment of this Act.
United States · United States Congress · 19 September 1980
Honors Raoul Wallenberg for his work in Hungary during World War II. Expresses the sense of Congress that the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case. Requests the State Department to discover the whereabouts of Raoul Wallenberg from the Soviet Union and secure his return to Sweden.
United States · United States Congress · 15 September 1980
Amends the Immigration and Nationality Act to provide, 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.
United States · United States Congress · 3 September 1980
Makes technical corrections in the Civil Rights of Institutionalized Persons Act (Public Law 96-247).
United States · United States Congress · 20 August 1980
Amends the Federal criminal code to establish a maximum penalty of 15 years' imprisonment and/or a $100,000 fine for anyone within the jurisdiction or control of the United States who knowingly develops, transfers, or possesses any agent (a micro-organism or infectious substance capable of causing harm), toxin, or delivery system for a prohibited purpose. Permits any such substance to be seized and summarily forfeited as provided in the Controlled Substances Act.
United States · United States Congress · 20 August 1980
Seabed Boundary Act - Title I: Authorizes the Attorney General, in consultation with specified heads of departments and agencies, to agree with authorized officials of any State to the specific description of all or part of the boundary between the areas of the seabed and subsoil to control the exploration for and exploitation of nonliving natural resources. Requires the certification of such agreements to be deposited in the National Archives and published in the Federal Register. States that such agreement shall determine the location of such boundary. Title II: Authorizes the United States or the State to propose to immobilize an entire boundary which has been specifically described by one or more final decrees and agreements. Sets forth the procedures for the proposal and notification of such immobilization. Title III: Directs the Attorney General, whenever a State waives its right to the nonliving natural resources of the seabed or subsoil it would otherwise accrue as a result of changes in any portion of its coastline, to deposit such waiver in the National Archives and have it published in the Federal Register. Title IV: States that no boundary established pursuant to this Act will affect the territorial sea of the United States or the baseline from which the breadth of such sea is measured. Limits the applicability of the boundaries established pursuant to this Act to the exploration for and exploitation of nonliving natural resources of the seabed and subsoil.
United States · United States Congress · 20 August 1980
Cuban/Haitian Entrant Act of 1980 - Establishes a Cuban/Haitian Entrant status for: (1) Cubans who (a) were paroled into the United States between April 20, 1980, and June 20, 1980, or (b) had applications for asylum pending as of June 19, 1980; and (2) Haitians who (a) were in exclusion or deportation proceedings as of June 19, 1980, (b) were paroled into the United States before June 20, 1980, or (c) had applications for asylum pending as of June 19, 1980. Authorizes the Attorney General to: (1) permit such Entrants to work in the United States; and (2) deny or terminate such status if the alien (a) was excludable under specified sections of the Immigration and Nationality Act, (b) was involved in the persecution of others, (c) was convicted of certain nonpolitical crimes, or (d) poses a security threat to the United States. Authorizes the Attorney General to adjust the status of an Entrant to that of an immigrant after two years' residence (as an Entrant) in the United States. Authorizes the waiver of specified grounds for exclusion for humanitarian or family purposes or if in the national interest. Prohibits such a waiver respecting: (1) national security; (2) association with the Nazi government; or (3) narcotics trafficking. States that any such status adjustment shall not be counted against the immigration admissions limitations. Requires a State to submit a plan to the Secretary of Health and Human Services describing the services to be provided to such Entrants in fiscal year 1981 for reimbursement purposes. Provides for: (1) a 75 percent reimbursement of a State's non-Social Security Act medical and cash benefits, related health and social (employment preparation, language) services, child welfare services, and special public school services to such Entrants; and (2) 100 percent reimbursement for an unaccompanied Haitian or Cuban child (until age 18 or older if a State's child welfare laws so provide) for whom a State has assumed full legal responsibility. Authorizes the Secretary to assume legal responsibility (including financial responsibility) for such unaccompanied children until placement has been arranged. Limits reimbursement (except for unaccompanied children) to assistance or services furnished between July 1, 1980, and July 1, 1981, or if later, the month in which the individual leaves the Federal processing center. Authorizes: (1) reimbursement for administrative expenses not to exceed 75 percent of such expenses; and (2) the Secretary to set recordkeeping and reporting requirements. Prohibits reimbursement to a State for: (1) in-kind contributions; and (2) specified services to an individual granted asylum under the Immigration and Nationality Act after he/she has received Entrant status. Amends the Immigration and Nationality Act to close the period, as of July 1, 1980, during which services provided to certain applicants for asylum will be reimbursed. Prohibits any alien granted Entrant status from applying for asylum. Reduces the time period for appealing a deportation order from six months to 30 days. Limits judicial review of asylum proceedings to a proceeding challenging a final deportation or exclusion order. 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). Increases such fines from $300 to $1000. Repeals existing law authorizing the status adjustment (to immigrant status) of Cuban nationals after one year's U.S. residence.
United States · United States Congress · 20 August 1980
Expresses the sense of Congress that: (1) the President should express to the Soviet Government U.S. concern for the fate of Raoul Wallenberg; and (2) the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case.
United States · United States Congress · 18 August 1980
Authorizes and requests the President to designate September 18, 1980, as "Constantino Brumidi Day."
United States · United States Congress · 30 July 1980
Gasohol Competition Act of 1980 - Amends the Clayton Act to prohibit the direct or indirect restriction by any person engaged in commerce on the use of credit instruments in any transaction concerning the sale, resale, or transfer of gasohol or other synthetic motor fuel of equivalent usability where there is no similar restriction on transactions concerning conventional motor fuel. Allows such person to impose a credit fee for such sale or transfer, provided such fee does not exceed the actual costs of extending the credit. Prohibits any other condition, restriction, agreement, or understanding which otherwise discriminates against or unreasonably limits the sale, resale, or transfer of gasohol or other synthetic motor fuel of equivalent usability. Provides that nothing in this Act: (1) precludes such person from requiring labeling of pumps dispensing gasohol or synthetic fuel to indicate that such fuels are not manufactured, distributed, or sold by such person; (2) precludes such person from issuing disclaimers of product liability for damage resulting from the use of such fuels; (3) requires such person to provide advertising for such fuels; or (4) requires such person to furnish additional pumps or facilities for the sale of such fuels.
United States · United States Congress · 28 July 1980
Reaffirms congressional support for full implementation of the Helsinki Final Act. Expresses the sense of Congress that human rights concerns should be given serious attention at the Madrid meeting to review such Act. Declares that any new measures should be balanced among all sections of the Final Act. Directs the U.S. delegation to seek another review meeting within two years.
United States · United States Congress · 22 July 1980
Extends from 60 to 120 days prior to a Presidential election the period during which the Secretary of the Treasury may authorize the United States Secret Service to protect the spouse of a major Presidential or Vice Presidential nominee.
United States · United States Congress · 2 July 1980
Declares three named individuals to have been lawfully admitted to the United States for permanent residence, under the Immigration and Nationality Act.
United States · United States Congress · 27 June 1980
Amends the Internal Revenue Code to provide homebuilders with an income tax credit for the construction of residences which incorporate a passive solar energy system. Directs the Secretary of the Treasury, after consultation with the Secretaries of Energy and Housing and Urban Development, to prescribe regulations setting forth a solar construction credit table for purposes of determining the amount of the credit for which the incorporator of the solar energy system is eligible. Limits the dollar amount of such credit to $2,000 for calendar years prior to 1986 and phases out the amount of the credit by $500 decrements until 1989 when such credit terminates. Defines "passive solar energy system" as a system which contains a solar collection area, an absorber, a storage mass, a heat distribution method, and heat regulation devices. Requires such system to be installed in a new residence after September 30, 1980 and before January 1, 1989.
United States · United States Congress · 26 June 1980
Government Cost Reduction Act - Title I: Productivity Improvement by the Office of Personnel Management - Requires each performance appraisal system developed by a Federal agency under Office of Personnel Management (OPM) regulations to include performance standards relating to the degree of attainment of cost reduction goals and management objectives established under title III of this Act. Directs an agency to consider such standards when evaluating the performance of senior executives. Prohibits the President from awarding the rank of Meritorius Executive or Distinguished Executive to a senior executive who fails to attain such standards. Specifies criteria for the classification of Federal managerial positions which excludes any consideration of the subordinate position structure or the extent to which functions are performed by an agency rather than by contract. Directs OPM to prescribe regulations to assure that managers who reduce their staffing levels or budget utilization are rewarded and do not, as a result, have their position reduced in grade. Title II: Program Goals and Performance Indicators - Requires the head of each executive agency to establish goals for each agency program, and performance indicators which measure the effectiveness of each program. Directs the President to issue on Executive order providing for the termination of the current system by which agencies report productivity data to the Bureau of Labor Statistics. Title III: Cost Reduction Goals and Performance Objectives - Directs the Presidents to establish goals for each fiscal year for reducing unit costs and the costs of maintaining required levels of Government effectiveness, and to include such goals in the annual Budget transmitted to Congress. Requires that such goals indicate the reductions which will occur in direct and indirect labor costs and overhead costs. Requires each agency head: (1) to achieve explicit, measurable cost reduction goals; (2) to establish performance indicators to measure the effectiveness of the production of goods and delivery of services by an agency; (3) to establish objectives for each program of the agency; and (4) to report to the President annually on the progress of the agency in achieving its goals. Title IV: Productivity Program Reporting - Prescribes a framework for reporting and assessing the results of productivity enhancing programs, including guidelines governing budget savings and surplus personnel resulting from productivity improvements. Directs the Secretary of the Treasury to report savings returned to the Treasury by the agencies to the President and Congress. Requires the Office of Management and Budget (OMB): (1) to report at least annually to the President and Congress on each agency's productivity reserve transactions; and (2) to maintain an inventory of all reports on executive branch productivity, unit costs, and work measurement, resource requirement factors, and data bases containing similar information. Title V: Productivity Enhancing Capital Investments - Directs OMB to: (1) promote capital investments which enhance productivity; (2) develop guidelines for agencies to identify capitol investments which result in fast payback within four years or increased program effectiveness; (3) issue guidelines for establishing agency revolving funds to finance productivity enhancing capital investments; and (4) monitor and report annually to the President and Congress on the savings and improved program effectiveness derived from fast payback investments. Title VI: Labor Management Relations - Establishes standards for productivity and quality of working life as negotiable items between an agency and any labor organization. Directs OMB to issue guidelines enabling agencies and employees to demonstrate that work could be performed by an outside contract as efficiently as it could be performed by agency employees. Requires OPM to prescribe regulations which: (1) prohibit a reduction in force if unit cost reductions are maintained when productivity improvements result in a reduced workload; and (2) provide for a necessary reduction by attrition, relocation, retraining, or job redesignation. Directs OMB to prescribe regulations: (1) to permit half of the savings resulting from effective management to be reapplied to authorized functions or used to record productive employees; and (2) to abolish personnel ceilings and budgeted workload requirements designed to limit the agency workforce. Authorizes agencies to establish Joint Employee Management Work Committees to improve work performance. Establishes, within each agency, merit teams to develop performance appraisal standards on a consensus basis. Directs each agency to include employees in training sessions respecting the development of such standards. Directs OPM to transmit periodic reports to the President and Congress on the costs and benefits of quality of work life initiatives. Title VII: Quality of Working Life - Requires each agency to prescribe regulations which provide that management systems, operating procedures, and jobs are structured to improve the productivity, environment, morale, job security, and utilization of employees. Title VIII: Consultant Reform - Establishes general statutory authority for the head of a Federal agency to appoint and fix the compensation of experts or consultants for temporary or intermittent services. Eliminates provisions of Federal law permitting an agency to procure such services by contract only when specifically authorized by appropriation or statute. Establishes the pay rate payable for GS-18 as the maximum pay rate for experts and consultants for all agencies. Directs OPM to prescribe regulations governing the employment of experts and consultants by Federal agencies. Requires each agency: (1) to submit to OPM a quarterly report on the number of days each consultant or expert is employed and the amount each individual is paid; and (2) to count such individuals as fractions of persons (depending on the number of hours they are employed) in administering any personnel ceiling. Prohibits an agency from initiating any action to obtain consultant or expert services by contract unless it has been certified that all reasonable steps have been taken to obtain such services by appointment. Requires each Federal agency to transmit to the Secretary of Commerce a written notice describing: (1) any proposed contract in an amount exceeding $10,000, with specified exemptions; and (2) any contract modification that increases the contract award by $50,000 or more. Directs the Secretary to publish such notices in a specified publication of the Department of Commerce. Directs each agency to notify the Committees on Appropriations of each House of Congress concerning any such modification. Directs every Federal agency to maintain and make available to the public each month a list of contracts which were entered into during the preceding 24 months and for which contractors have not completed performance. Requires that such list disclose certain information concerning the contract, contractor, and Government employees responsible for awarding and administering the contract. Declares that all contracts, excluding contracts determined to be classified information for national security reasons, shall be considered public information. Specifies information concerning the qualifications and selection of a contractor which shall be available to the public upon request. Requires each agency report which is prepared by a contractor or which is derived from a contractor's report, to disclose certain information converning the contract including: (1) the identity of the contractor; (2) the amount of the contract; and (3) the type of procurement process used to award the contract. Defines the term "organizational conflict of interest" as any situation in which a contractor has interests relating to work to be performed under a contract which may bias the contractor's judgment or result in an unfair competitive advantage to the contractor. Requires each contractor and each consultant or subcontractor used by such contractor to disclose any information relevant to any potential or existing organizational conflict of interest with regard to any contract for which such contractor is submitting a proposal or any proposed modification to an existing contract. Directs an agency, upon determining that such a conflict exists, to: (1) disqualify such contractor or the consultant or subcontractor from eligibility for ward of the proposed contract; (2) modify the proposed contract to eliminate such conflict; (3) include in the agency records and transmit to Congress a statement concerning such conflict if the contract services can be obtained from no other person; (4) terminate the existing contract to be modified; or (5) modify the existing contract to mitigate the conflict and report thereon to Congress if termination is not in the best interest of the Government. Requires each agency to include with its requests for regular appropriations for each fiscal year, an itemized statement of amounts requested for the procurement of goods and the procurement of services. Requires the Budget transmitted by the President to Congress each year to specify requests for new budget authority for and estimates of outlays by each agency for such procurement. Directs each agency head, by a specified date, to transmit to the Committees on Appropriations of each House an analysis of such requests and estimates. Requires each agency to include in its records regarding any completed contract totaling more than $50,000 and for which a report was prepared, an evluation describing such report, the actions taken by the agency in response to such report, and a summary of the performance of the contractor. Directs an agency to consider an employee's compliance with agency rules and procedures applicable to contracting functions when: (1) evaluating the performance of a member of the Senior Executive Service; and (2) determining any pay increase for a supervisor or manager under the merit pay system. Requires the Director of OMB to apportion appropriations to Federal agencies in a manner which insures that no more than 20 percent of the total appropriations available to an agency in a fiscal year may be obligated during the last two months of that year. Authorizes the Director to waive such spending limitation with regard to certain funds upon determining that such action is necessary to avoid a serious disruption of an agency program or operation, if the Director reports on such waiver to Congress. Requires the Director to report to Congress on the implementation, agency violations, impact, and continuation of such spending limitation. Exempts reserves established to comple with such a spending limitation from reporting requirements of the Impoundment Control Act of 1974. Requires the Director to promulgate a regulation establishing a data system for the collection and dissemination of information regarding Government procurement activities. Specifies information concerning each Government contract for the procurement of goods or services which must be included in the system. Directs the Director: (1) to make information within the system available to Congress, Federal agencies, and the public upon request; and (2) to submit to Congress quarterly and annual reports on Government procurement activities. Amends the Freedom on Information Act to require agencies to make information produced pursuant to a contract available to the public to the same extent as if produced by Government officials. Amends the Office of Federal Procurement Policy Act to require agencies to pay interest on any payment which is overdue by more than four weeks on a contract with a small business concern. Consultant Reform Act of 1980 - Title I: Appointments - Establishes general statutory authority for the head of a Federal agency to appoint and fix the compensation of experts or consultants for temporary or intermittent services. Eliminates provisions of Federal law permitting an agency to procure such services by contract only when specifically authorized by appropriation or statute. Establishes the pay rate payable for GS-18 as the maximum pay rate for experts and consultants for all agencies. Directs the Office of Personnel Management (OPM) to prescribe regulations governing the employment of experts and consultants by Federal agencies. Requires each agency: (1) to submit to OPM a quarterly report on the number of days each consultant or expert is employed and the amount each individual is paid; and (2) to count such individuals as fractions of persons (depending on the number of hours they are employed) in administering any personnel ceiling. Prohibits an agency from initiating any action to obtain consultant or expert services by contract unless it has been certified that all reasonable steps have been taken to obtain such services by appointment. Title II: Contracts - Requires each Federal agency to transmit to the Secretary of Commerce a written notice describing: (1) any proposed contract in an amount exceeding $10,000, with specified exemptions; and (2) any contract modification that increases the contract award by $50,000 or more. Directs the Secretary to publish such notices in a specified publication of the Department of Commerce. Directs each agency to notify the Committees on Appropriations of each House of Congress concerning any such modification. Directs every Federal agency to maintain and make available to the public each month a list of contracts which were entered into during the preceding 24 months and for which contractors have not completed performance. Requires that such list disclose certain information concerning the contract, contractor, and Government employees responsible for awarding and administering the contract. Declares that all contracts, excluding contracts determined to be classified information for national security reasons, shall be considered public information. Specifies information concerning the qualifications and selection of a contractor which shall be available to the public upon request. Requires each agency report which is prepared by a contractor or which is derived from a contractor's report, to disclose certain information concerning the contract including: (1) the identity of the contractor; (2) the amount of the contract; and (3) the type of procurement process used to award the contract. Defines the term "organizational conflict of interest" as any situation in which a contractor has interests relating to work to be performed under a contract which may bias the contractor's judgment or result in an unfair competitive advantage to the contractor. Requires each contractor and each consultant or subcontractor used by such contractor to disclose any information relevant to any potential or existing organizational conflict of interest with regard to any contract for which such contractor is submitting a proposal or any proposed modification to an existing contract. Directs an agency, upon determining that such a conflict exists, to: (1) disqualify such contractor or the consultant or subcontractor from eligibility for award of the proposed contract; (2) modify the proposed contract to eliminate such conflict; (3) include in the agency records and transmit to Congress a statement concerning such conflict if the contract services can be obtained from no other person; (4) terminate the existing contract to be modified; or (5) modify the existing contract to mitigate the conflict and report thereon to Congress if termination is not in the best interest of the Government. Requires each agency to include with its requests for regular appropriations for each fiscal year, an itemized statement of amounts requested for the procurement of goods and the procurement of services. Requires the Budget transmitted by the President to Congress each year to specify requests for new budget authority for and estimates of outlays by each agency for such procurement. Directs each agency head, by a specified date, to transmit to the Committees on Appropriations of each House an analysis of such requests and estimates. Requires each agency to include in its records regarding any completed contract totaling more than $50,000 and for which a report was prepared, an evaluation describing such report, the actions taken by the agency in response to such report, and a summary of the performance of the contractor. Directs an agency to consider an employee's compliance with agency rules and procedures applicable to contracting functions when: (1) evaluating the performance of a member of the Senior Executive Service; and (2) determining any pay increase for a supervisor or manager under the merit pay system. Requires the Director of OMB to apportion appropriations to Federal agencies in a manner which insures that no more than 20 percent of the total appropriations available to an agency in a fiscal year for procurement of goods and services may be obligated during the last two months of that year. Authorizes the Director to waive such spending limitation with regard to certain funds upon determining that such action is necessary to avoid a serious disruption of an agency program or operation, if the Director reports on such waiver to Congress. Requires the Director to report to Congress on the implementation, agency violations, impact, and continuation of such spending limitation. Exempts reserves established to comply with such a spending limitation from reporting requirements of the Impoundment Control Act of 1974. Requires the Director to promulgate a regulation establishing a data system for the collection and dissemination of information regarding Government procurement activities. Specifies information concerning each Government contract for the procurement of goods or services which must be included in the system. Directs the Director: (1) to make information within the system available to Congress, Federal agencies, and the public upon request; and (2) to submit to Congress quarterly and annual reports on Government procurement activities. Amends the Freedom of Information Act to require agencies to make information produced pursuant to a contract available to the public to the same extent as if produced by Government officials.
United States · United States Congress · 25 June 1980
Appellate Court Reorganization Act of 1980 - Divides the current United States Court of Appeals for the Fifth Circuit into the following two circuits: (1) the Fifth Circuit, composed of the States of Louisiana, Mississippi, and Texas, and consisting of 14 judges; and (2) the Eleventh Circuit, composed of the States of Alabama, Florida, Georgia, and the Canal Zone, and consisting of 12 judges. (The current Fifth Circuit consists of all six States and has 26 judges.) Makes this Act effective July 1, 1981.
United States · United States Congress · 24 June 1980
Amends the Internal Revenue Code to allow a refundable income tax credit for electric utility fuel surcharges incurred by a taxpayer in connection with a trade or business or for electricity used in such taxpayer's principal residence resulting from a shutdown of nuclear power generating facilities.
United States · United States Congress · 24 June 1980
Municipal Arts Program Act of 1980 - Authorizes the Chairman of the National Endowment for the Arts, with the advice of the National Council on the Arts, to make grants to cities and metropolitan areas to help finance municipal arts programs approved under this Act. Authorizes appropriations for fiscal years 1981 through 1985. Limits the total amount of any grant to one-third of the costs of such municipal arts program. Exempts 15 percent of the funds available to the Chairman from this restriction. Directs the Chairman to submit to Congress timely requests for additional authorizations for fiscal years 1986 through 1989. Sets forth requirements for applications for grants, including summaries of projected uses of such funds, general sources of revenue, and assurances of citizen participation in the planning process of such program. Limits the percentage of funds which may be expended for planning and administration purposes. Directs the Chairman to approve an application unless the activities fall clearly outside the purposes of this Act. Sets forth the activities eligible for assistance under a municipal arts program. Requires grants to cities and metropolitan areas with populations of less than 500,000 to be reviewed by the State agency except as specified. States that an application will be deemed approved unless disapproved. Sets forth the formula for the allocation and distribution of funds for annual grants. Creates a discretionary fund for each of the fiscal years in an amount equal to ten percent of authorizations for grants to be used by the Chairman in making grants for specified purposes, including special studies service centers and clearinghouses. Authorizes the Chairman to make grants up to 100 percent of the costs of such programs. Directs the Chairman to report to the President and Congress within three years on the progress of the municipal arts program.
United States · United States Congress · 19 June 1980
Expresses the sense of Congress regarding the domestic automotive and truck industry. Declares it to be a goal of the United States to achieve technological superiority in the world automobile and truck industry. Advocates changes in economic, fiscal, and import policies in order to create adequate capital and produce a more favorable climate for the domestic automobile and truck industry.
United States · United States Congress · 12 June 1980
Authorizes and requests the President to designate October 12 through October 19, 1980, as "Italian-American Heritage Week."
United States · United States Congress · 10 June 1980
Amends the Internal Revenue Code to postpone the recognition of losses, for income tax deduction purposes, which are generated from the sale of certain types of personal property (commodities other than those used in a taxpayer's business, evidences of indebtedness, and other types of personal property other than stock in a corporation) which are offset by the purchase of other personal property from which a gain is recognized. Provides that any loss which exceeds gain from the holding of such offsetting positions may not be recognized for the period during which a taxpayer holds such offsetting positions, plus 30 days. Provides that the running of the required holding period for capital assets shall be tolled during the same period. Defines "offsetting positions" to mean that there is a substantial reduction of the taxpayer's risk of loss from holding any position with respect to personal property because the taxpayer also holds one or more other positions with respect to personal property (commonly referred to as a "straddle"). Creates a rebuttable presumption that two or more positions are offsetting if the positions are customarily treated as straddles, the aggregate margin requirement for such positions is lower than the sum of the margin requirement for each such position, or there are other factors, as determined by the Secretary of the Treasury pursuant to regulations, which indicate that such positions are offsetting. Provides that obligations of the United States, a State or local government, or a U.S. possession, issued on a discount basis and payable without interest in less than one year shall be treated as capital assets in determining tax consequences of gain or loss with respect to such obligations.
United States · United States Congress · 10 June 1980
Customs Courts Act of 1980 - Title I: Composition of the Court of International Trade and Assignment of Judges to Other Courts - Redesignates the United States Customs Court as the United States Court of International Trade which is established under Article III of the United States Constitution. Eliminates the current requirement that the President designate "from time to time" a chief judge. Retains the current stipulation that not more than five of the judges be of the same political party. Authorizes the Chief Justice to assign temporarily any Court of International Trade judge to perform duties in a court of appeals. Authorizes the chief judge of the Court of International Trade to assign temporarily any judge of such court to serve as a judge of the Court of Claims. Title II: Jurisdiction of the Court of International Trade - Grants to the Court of International Trade, in addition to the jurisdiction currently possessed by the Customs Court, exclusive jurisdiction to review: (1) any decision of the Secretary of Labor or the Secretary of Commerce certifying or refusing to certify workers, communities, or firms as eligible for adjustment assistance under the Trade Act of 1974; (2) decisions of the Secretary of the Treasury with respect to the denial, revocation, or suspension of a customhouse broker's license under the Tariff Act of 1930; (3) any civil action arising from an import transaction and which involves the Tariff Act of 1930, the Trade Expansion Act of 1962, the Trade Act of 1974, or the Trade Agreements of 1979, or a provision of the Constitution, a treaty with the United States, or an executive agreement or order which directly and substantially involves international trade; (4) civil actions arising from import transactions which have been instituted by the United States to recover civil fines or penalties or enforce forfeitures imposed under certain provisions of the Trade Act of 1930; and (5) any counterclaim, cross-claim, or third-party action of any party relating to an import transaction before the court. Stipulates that the Court shall have jurisdiction to review rulings of the Secretary relating to classification, valuation, rates, and similar matters prior to the importation of the goods only if upon demonstration to the court that the moving party would be irreparably harmed without the opportunity for review at such time. Directs a district court to transfer to such Court, in the interest of justice, a civil action within the exclusive jurisdiction of the Court of International Trade. Directs the Court of International Trade to transfer to such court, in the interest of justice, a civil action within the exclusive jurisdiction of a district court or court of appeals. Grants to the Court of International Trade all powers in law and equity of a district court. Title III: Court of International Trade Procedure - Specifies procedures with respect to the following items: (1) persons entitled to commence civil actions; (2) commencement of a civil action; (3) filing fees; (4) notice; (5) filing of official documents; (6) time requirements for commencement of actions; (7) exhaustion of administrative remedies; (8) new grounds in support of civil actions; (9) burden of proof; (10) the scope and standard of judicial review; (11) witnesses and inspection of documents; (12) analysis of imported merchandise; (13) remedies; (14) judicial decisions; (15) retrials or rehearings; and (16) precedence of cases. Title IV: Court of Appeals for International Trade, Patents, and Trademarks - Grants to the Court of Appeals for International Trade, Patents, and Trademarks exclusive jurisdiction to review interlocutory orders relating to injunctions or final decisions of the Court of International Trade. Grants to such Court jurisdiction to review determinations of the United States International Trade Commission made under the Trade Act of 1930 relating to unfair trade practices in import trade. Grants to such Court all powers in law and equity of a court of appeals. Allows a party to appeal to the Court of Appeals for International Trade, Patents, and Trademarks within 14 days after the filing date of a first notice of appeal. Specifies that the clearly erroneous rule shall be applied in such Court with respect to findings of fact made by the Court of International Trade. Applies the Federal Rules of Evidence to any appeal from the Court of International Trade in the Court of Appeals. Authorizes the Court of Appeals for International Trade, Patents, and Trademarks to conduct an annual judicial conference to consider court business and improvements in the administration of justice in the court. Title V: Technical and Conforming Amendments to Title 28 - Makes technical and conforming amendments. Permits the registration of judgments of the Court of International Trade in any judicial district. Title VI: Technical and Conforming Amendments to Other Acts - Makes technical and conforming amendments. Makes certain determinations of the U.S. Tariff Commission with respect to unfair methods of competition reviewable in accordance with the Administrative Procedure Act. Title VII: Effective Dates and Miscellaneous Provisions - Makes this Act generally effective upon enactment and applicable to civil actions pending or commenced after enactment.
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 · 4 June 1980
Authorizes the President to present a gold-plated medal, on behalf of the Congress, to those athletes selected through the Olympic trial process to be members of the United States Summer Olympic Team of 1980. Directs the Secretary of the Treasury to cause to be stricken 650 such medals with suitable emblems. Declares that such medals are national medals and that funds to carry out this Act shall be made available under the Amateur Sports Act of 1978.
United States · United States Congress · 4 June 1980
Extends the congratulations of the House of Representatives to the Order of the Sons of Italy in America for their 75th anniversary.
United States · United States Congress · 3 June 1980
Expresses the sense of the House of Representatives that the Standing Committee on Federal Judiciary of the American Bar Association and the Attorney General take all measures necessary to end discrimination against potential lifetime Federal judges who do not qualify solely as a result of age barriers.
United States · United States Congress · 29 May 1980
Designates March 19, 1981, as "National Agriculture 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
Authorizes the Secretary of the Interior to establish the Boston African American National Historic Site in Boston, Massachusetts. Authorizes the Secretary to accept any gift or bequest of any property within the boundaries of such site and to enter into cooperative agreements with the city of Boston, the Commonwealth of Massachusetts, or any of their political subdivisions, or any private person or organization for such activities as may be necessary for the preservation of any such properties. Authorizes the Secretary to assist with maintenance of those properties owned by the city of Boston, the Commonwealth of Massachusetts, their political subdivisions, or not-for-profit organizations. Specifies that if any fees are charged for the use of a property covered by any such cooperative agreement, and Federal funds are committed in the cooperative agreement, the income from such fees shall be applied to the costs of maintenance and renovation of such property. Permits the Secretary, in cooperation with other interested groups, to identify other significant sites relating to the nineteenth century free African American community on Beacon Hill, Boston, and, with the consent of the owners thereof, to mark them appropriately and make reference to them in any interpretive literature.
United States · United States Congress · 14 May 1980
Authorizes and requests the President to designate the seven-day period beginning October 5, 1980, as "National Port Week." Directs the Secretary of Commerce to report annually to Congress on the conditions of U.S. public ports.
United States · United States Congress · 13 May 1980
Polygraph Control and Privacy Protection Act of 1979 - Prohibits any person engaged in interstate commerce from: (1) requiring any employee, officer, or applicant for employment to take a polygraph test in connection with such individual's employment; (2) denying employment or disciplining an employee by reason of such individual's refusal to submit to such test; or (3) using the results of such test in connection with such individual's employment. Sets forth civil and criminal penalties for violations of such provisions. Authorizes civil actions in U.S. district courts in behalf of aggrieved individuals.
United States · United States Congress · 8 May 1980
Amends the Communications Act of 1934 to require the Federal Communications Commission to distribute licenses for very high frequency commercial television broadcasting stations to ensure that each State will have at least one such station.
United States · United States Congress · 29 April 1980
Fairness in Government Act of 1980 - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $250,000; and (2) any partnership, corporation, association, or organization whose net worth exceeds $1,000,000. Authorizes a Federal agency to award a prevailing party (other than the United States) reasonable attorney fees and other expenses incurred in administrative adjudication, upon a finding that the position of agency staff was arbitrary, frivolous, unreasonable, or groundless, or that such staff continued to proceed after its position clearly became so. Authorizes a court to award a prevailing party (other than the United States) reasonable attorney fees incurred in any civil action by or against the United States where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Permits a court to award a prevailing party (other than the United States) reasonable attorney fees and other expenses incurred in any civil action, other than a tort or tax action, by or against the United States, upon a finding that the position of the United States was arbitrary, frivolous, unreasonable, or groundless, or that the Government continued to litigate after its position clearly became so. Allows the agency or 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 shall be paid by the particular agency or department whose position has been found to be arbitrary, frivolous, unreasonable, or groundless. Permits a party dissatisfied with such award in an administrative proceeding to petition for leave to appeal the decision to an appropriate Federal court. Directs the Administrative Conference of the United States and the Administrative Office of the U.S. Courts to report to Congress on the number, nature, and amount of such awards.
United States · United States Congress · 23 April 1980
Handgun Crime Control Act of 1979 - Title I: Amendments to Chapter 44, Title 18, United States Code, Gun Control - Amends the Gun Control Act of 1968 to revise and add definitions used in the Act. Defines "handgun" to include handgun parts. Defines "Department" to mean the Department of Justice (current law is under the authority of the Secretary of the Treasury). Prohibits non-licensees from engaging in the business of repairing firearms or ammunition. Stipulates that certain otherwise lawful activities, such as the returning of a firearm by a licensee to the person from whom it was received and the mailing of a firearm to a licensee for the purpose or repair, shall be unlawful with respect to "easily concealable handguns" (that is, those handguns not approved by the Attorney General under this Act). Prohibits the loan or rental of an easily concealable handgun to another person for temporary use for lawful sporting purposes. Prohibits a licensee from selling a handgun to a person who does not appear in person at the licensee's business premises. Prohibits a licensee from selling or delivering a firearm or ammunition to any person if such sale or delivery violates a public ordinance at the place of residence of the purchaser. Revises the statement which must be submitted to a licensee by a purchaser not appearing at such licensee's business premises to provide that such purchaser be 18 years of age with respect to all firearms (current law requires a purchaser of any firearm other than a shotgun or rifle to be 21 years of age). Prohibits a licensee from manufacturing, assembling, selling, or transferring any handgun, other than a curio or relic, which has not been approved by the Attorney General. Prohibits any person from transferring such a handgun unless such person has reasonable cause to believe that the handgun has been approved. Excepts the mailing of handguns to comply with approved standards under certain circumstances. Prohibits the modification of an approved handgun resulting in the failure of such handgun to meet the approved standards. Revises the current prohibition against certain classes of individuals transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt of any firearm or ammunition; and (2) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Includes such categories in the current prohibition against selling a firearm or ammunition to certain classes of individuals. Prohibits any person from transporting a firearm or ammunition in interstate or foreign commerce in violation of a State law in a place to or through which the firearm was transported. Prohibits a licensee from transferring three or more handguns to the same non-licensee within a period of one year, without prior approval of the Attorney General. Prohibits a non-licensee from receiving three or more handguns within one year without such approval. Prohibits any person who has knowledge of the loss, theft, or disappearance of a handgun in his or her control or possession to fail to report such incident to a law enforcement officer and the Attorney General. Specifies the circumstances under which a person in lawful possession of a license or permit to: (1) carry handguns issued under a State licensing or permit granting program approved by the Attorney General may purchase or receive a handgun in any State from a licensed dealer or non-licensee; and (2) purchase handguns issued under an approved program, may purchase or receive a handgun in the State issuing the license or permit. Directs the Attorney General to review State laws providing for licenses or permits to carry or purchase handguns and to certify as approved those satisfying specified requirements. Specifies the circumstances under which (except as provided by other sections of the Act) a licensed dealer or non-licensee may transfer a handgun to another non-licensee. Sets new annual licensing fees of $5,000 for a manufacturer or importer of handguns, $500 for a dealer in handguns, $100 for a dealer in ammunition for handguns that is not also used in rifles, and $100 for a dealer who is a gunsmith. Prohibits a pawnbroker from being licensed as a dealer in handguns or handgun ammunition and such dealers from conducting business from the premises of a pawnbroker. Imposes additional requirements for the approval of a license application by the Attorney General. Increases from 45 to 90 days the period in which an application must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any provision of the Act to a civil penalty of up to $10,000 per violation. Sets forth new recordkeeping requirements for licensed importers, manufacturers, and dealers in handguns. Provides for the transfer of records where a licensee loses his or her license, transfers the business to another person, or in any way ceases doing business. Directs the Attorney General to appoint a 15-member Handgun Criteria Commission to develop criteria for the evaluation of handgun models according to frame size and other appropriate factors for determining whether such models are easily concealable, have potential for criminal use, or are particularly suitable for sporting purposes. Requires the Commission to submit a report containing such criteria within one year of enactment and to evaluate biannually the effectiveness of existing criteria. Directs the Attorney General to revise the criteria upon a determination by the Commission that handguns satisfying existing criteria are significantly involved in handgun crime. Requires final criteria to be transmitted to Congress, which may disapprove by resolution the criteria within 60 days of continuous session. Directs the Attorney General to approve for manufacture, importation, or transfer any handgun model which satisfies the established criteria after representative samples of such model are evaluated and tested. Authorizes exceptions with respect to handguns which are particularly appropriate for law enforcement purposes. Directs the Attorney General, prior to the time that criteria have been established, to evaluate samples of all handgun models and approve for manufacture, importation, or transfer handgun models which meet specified requirements. Sets forth procedures for the administrative review of a finding that a sample submitted has failed to meet the approved standards. Requires the Attorney General to publish at least semiannually in the general register a list of handgun models which have been tested and the test results. Deems approved any handgun model not in manufacture on or after October 21, 1968, and which has not been tested. Revises the penalties under such Act. Disallows, with respect to a person who uses or carries a firearm during the commission of any felony and receives an additional sentence, the suspension of such sentence, the giving of probation, or the concurrent running of a term of imprisonment (under current law such prohibitions apply only to a second or subsequent offense). Sets forth a mandatory period of parole ineligibility for such offense, unless the court finds specified mitigating circumstances. Makes any person (including a licensee) who negligently sells or transfers a handgun in violation of this Act civilly liable for the death or injury suffered by an individual as a result of the use of the handgun by the transferee in the commission of an offense that causes death or personal injury to that individual. Stipulates that certain exceptions to the provisions of the Act shall only apply with respect to handguns which have been approved by the Attorney General in accordance with the Act. Allows a mental incompetent to be relieved from the disabilities of the Act with respect to the possession, acquisition, or transfer of firearms upon specific findings by a court. Authorizes the Attorney General to permit the importation of approved handguns. Directs the Attorney General to make annual grants for each fiscal year and supplemental grants at his or her discretion for compensation of victims of handgun crime to qualifying State programs for the compensation of victims of handgun crime. Specifies eligibility criteria for such programs and the amount of authorized payments. Requires the Attorney General to submit annual reports to the congressional judiciary committees concerning such programs. Establishes a nine-member Advisory Committee on Victims of Handgun Crime to advise the Attorney General on the administration of the programs and policies relating to the compensation of victims of handgun crimes. Title II: Gun Control Functions Transferred to Attorney General - Transfers to the Attorney General all functions of the Secretary of the Treasury under the Gun Control Act of 1968. Authorizes the President to transfer additional functions of other agencies to the Department which relate to the functions transferred by this Act. Establishes within the Department of Justice the Firearms Safety and Abuse Control Administration to administer the functions of the Attorney General under the Gun Control Act of 1968. Directs the Attorney General to transmit to Congress as part of the annual report of the Department of Justice a report on the activities of the Administration. Title III: Miscellaneous Provisions - Amends the Federal criminal code to increase from 45 to 90 days the period in which an application for a user permit or a license to import, manufacture, or deal in explosive materials must be approved or denied. Authorizes the Attorney General, after notice and opportunity for hearing, to suspend or revoke a license, or subject a licensee who violates any statutory requirement to a civil penalty of up to $10,000 per violation. Directs the Postal Service to promulgate regulations for the conveyance of handguns in the mails. Directs the Advisory Commission on Intergovernmental Relations established by the Act of September 24, 1959, in consultation with the United States Conference of Mayors, the National League of Cities, and representatives of Federal, State, and local law enforcement agencies, to report within six months of enactment on: (1) intergovernmental problems in controlling illicit handgun traffic; and (2) the effectiveness of the Omnibus Crime Control and Safe Streets Act of 1968 and the Gun Control Act of 1968. Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship). Makes this Act effective 120 days after enactment, with specified exceptions.
United States · United States Congress · 22 April 1980
Amends the Immigration and Nationality Act to exempt from certain visa or border crossing identification card requirements an alien who is applying for admission as a tourist or business visitor (not to exceed 90 days) and who is a national of a country which: (1) extends reciprocal privileges to U.S. citizens; (2) has a nonimmigrant visa refusal rate of less than two percent; and (3) is determined to be a country whose nationals do not represent a security threat to the United States. Prohibits such an alien from: (1) having his/her status adjusted to that of an immigrant; or (2) changing his/her nonimmigrant classification.
United States · United States Congress · 17 April 1980
Pretrial Services Act of 1980 - Requires the Director of the Administrative Office of the U.S. Courts to establish in each judicial district, directly or by contract, a pretrial services agency. (Current law authorizes such agencies on a demonstration basis in ten representative districts.) Places such agencies under the general authority of a separate entity within the Administrative Office. (Current law places five agencies under the Office's Division of Probation and five under an independent Board of Trustees). Carries forward current provisions relating to the confidentiality of information contained in agencies' files. Continues generally the existing functions and powers of the pretrial service agencies, but eliminates the discretion of the district courts to determine which shall be performed, and adds three new duties: (1) to develop a system to monitor and evaluate bail activities; (2) to prepare pursuant to agreements reports for the U.S. Attorneys Offices on information pertaining to pretrial diversion; and (3) to make contracts to carry out their functions. Requires the Director to include in the annual report to the Judicial Conference a report on the operation of each agency and to transmit a copy of such report to Congress.
United States · United States Congress · 15 April 1980
Amends the Immigration and Nationality Act with regard to alien graduates of foreign medical schools to provide that: (1) such an alien's stay in the United States shall be for the time required to complete the designated course of medical study (presently two years with a one year extension); (2) such an alien may change his/her designated course of medical study upon approval of the Director of the International Communication Agency once within one year after entry or acquisition of exchange visitor status (presently must continue course of education under which admitted to the United States); and (3) such duration of stay and course change provisions shall apply to those aliens entering the United States as exchange visitors (or acquiring such status while in the United States) on or after January 10, 1977.