United States · United States Congress · 26 March 1980
Amends the patent and trademark laws of the United States to authorize an individual to: (1) cite to the Patent and Trademark Office prior art patents or publications which are pertinent to a later patent; and (2) request to reexamine a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Requires the Commissioner of Patents within three months of such a request to make a determination as to whether the cited prior patent raises a substantial new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement. Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision. Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent. Revises the schedule of fees for Patent Office services. Directs the Secretary of Commerce to establish fees for all services and materials relating to patents and trademarks, including application and maintenance. Sets forth the level and schedule of payments for such fees and the procedure for their payment. Makes the revenues from such fees available to carry out the activities of the Patent Trademark Office. Government Patent Policy Act of 1980 - Sets forth policies and procedures relating to contract rights to federally funded inventions. Requires each Federal contractor to provide the responsible agency with timely written reports containing specified information on each contract invention. Prohibits the release of such information until a reasonable time in which to file patent applications or one year has elapsed. Permits a contractor that is a small business or a nonprofit organization to file a patent application in any country within a reasonable time, subject to the Government's minimum rights. Sets forth restrictions on the exclusive license of contractors in specified fields of use for national security and antitrust considerations. Grants to a contractor a nonexclusive royalty-free license to practice the contract invention in all countries where it does not receive title and in all fields of use and in all countries in which it does not receive an exclusive license. Sets forth the Government's minimum rights in any contract invention, including the right to royalty-free use and the right to sublicense to other governments in the national interest. Authorizes the Government to wholly or partially terminate the contractor's title or exclusive rights in any patent or contract invention in any field of use: (1) for national security purposes; (2) if no timely and effective action to achieve practical application of the invention has been taken by such contractor; (3) if the contractor's rights in the invention would violate the antitrust laws; or (4) if the contractor has failed to comply with the reporting requirements of this Act. Permits an agency to deviate from the specified allocation of patent rights in the public interest. Sets forth the requirements for a waiver of specified reserved rights. Permits a contractor's employee-inventor to receive some or all of such contractor's patent rights. Sets forth the provisions governing inventions made by Federal employees. Requires such employees to file timely reports containing complete technical information on any inventions they make. Sets forth the criteria which the responsible agency must use to determine the rights of the Government and of Federal employee-inventors, including the relationship of such invention to the duties of the employee, the contribution of Federal funds, equipment, or information, and national security considerations. Permits a review of agency determinations as specified. Authorizes an agency to provide an incentive awards program to promote the production and disclosure of employee inventions. Sets forth the criteria to be used in determining eligibility for such an award and the amount to be bestowed. Permits an agency to share the income received from any patent license with the employee-inventor. Permits an agency to grant exclusive or partially exclusive domestic licenses under specified federally owned patent rights to achieve the desired practical application, subject to specified minimum government rights. Authorizes the Government to wholly or partially terminate any license in a field of use: (1) for national security purposes; (2) if no timely and effective action to achieve practical application of the invention has been taken; or (3) if the licensee has failed to comply with the terms of the license. Permits any exclusive licensee to enforce his or her rights under the license without joining the United States as a party. Requires such licensee to give prompt notice of his or her suit to the Attorney General and to the agency that granted the license. Sets forth procedures for a hearing and judicial review of specified agency determinations. Authorizes an agency to gain, maintain, or transfer to other agencies patent rights in any invention in which the Government has an interest in order to promote the use of inventions having significant commercial potential or otherwise beneficial to the national interest. Directs the Secretary of Commerce to: (1) consult with other agencies about areas of science and technology with potential for commercial development; (2) coordinate a program to assist other agencies in exercising the authority granted under this Act; (3) evaluate inventions referred by agencies; (4) help agencies seek and maintain patents in the United States and in foreign countries; (5) develop a Government-wide program to stimulate transfer to the private sector of potentially valuable Federally-owned technology; and (6) publish notice of all federally-owned patent rights that are available for licensing.
United States · United States Congress · 26 March 1980
Extends from January 1, 1977, to January 1, 1978, the income tax exclusion for subsistence allowances paid to State police officers. Extends from April 15, 1979 until one year after the date of enactment of this Act: (1) the period for electing such tax exclusion; and (2) the period for applying for any refund or credit for overpayment of taxes which was prevented by law or rule of law prior to this Act.
United States · United States Congress · 24 March 1980
Makes technical changes in the provisions relative to the Armed Forces, the Coast Guard, the National Guard, Pay and Allowances of the Uniformed Services, and Veterans' Benefits. Repeals specified provisions which have been reenacted by this Act or which are otherwise superceded
United States · United States Congress · 20 March 1980
Vietnam Veterans Comprehensive Readjustment and Rehabilitation Act - Title I: Interagency Coordination and Veterans Outreach Services - Requires the Administrator of Veterans' Affairs to coordinate all programs and activities affecting veterans and their dependents with other departments and agencies. Directs the Administrator to initiate a comprehensive outreach and information program to inform and assist eligible veterans and eligible persons to understand and utilize such programs. Title II: Compensation and Treatment for Diseases and Disabilities caused by Toxic Substances and Radiation Exposure - Entitles a veteran who suffers from a personal injury or disease contracted in the line of duty, or a disabled child with birth defects resulting from genetic damage to a veteran, to compensation and medical care. Authorizes the Administrator to establish and carry out a comprehensive program of screening veterans who may have been exposed to toxic substances, chemical or biological agents, or radiation during their military, naval, or air service to determine whether such veterans have incurred any disease or disability as a result of such exposure. Provides for outreach services to inform and assist such veterans in adjusting to such diseases or disabilities. Permits the Administrator to establish a centralized registry of claims made before the Veterans' Administration (VA) or other appropriate agency arising out of exposure or possible exposure to toxic substances, chemical or biological agents, or radiation, and of the disabilities, diseases, genetic damage, or symptoms associated with such exposure. Title III: Readjustment Counseling Improvement and Expansion - Authorizes the Administrator to arrange for or assist the veteran or the veteran's dependent, or both, in obtaining readjustment counseling or mental health services. Allows for the Administrator to conduct or contract for comprehensive studies of the psychological and sociological effects of the Vietnam Conflict, military service, and the readjustment process upon veterans and dependents. Title IV: Vocational Rehabilitation - Defines for purposes of this Act: (1) medical condition; (2) program of education; (3) program of independent living services and assistance; (4) rehabilitated; (5) rehabilitation program; (6) serious employment handicap; (7) vocational goal; (8) vocational rehabilitation program. Sets forth the provisions regarding basic entitlement and periods of eligibility for eligible veterans. Sets forth the scope of services and assistance, including: (1) evaluation for rehabilitation potential; (2) educational, vocational, psychological, employment, and personal adjustment counseling; (3) allowance and other appropriate assistance; (4) work study allowance; (5) placement services; (6) personal adjustment and work adjustment training assistance, tuition, fees, books, supplies, and other training materials; (8) loans; (9) treatment care, and services; (10) prosthetic appliances and other corrective devices; (11) services to a veterans' family; (12) essential employment equipment and supplies for severely disabled veterans requiring homebound training and for self-employment; (13) travel and incidental expenses; (14) special rehabilitation services, including services for the blind and the deaf. Provides for the duration of rehabilitative programs. Requires extended evaluations of veterans with service-connected disabilities to determine whether such veteran may have or has a serious employment handicap. Allows the Administrator to formulate an individualized written plan of vocational rehabilitation for a veteran. Provides for the payment of a subsistence allowance to eligible veterans. Entitles severely disabled veterans to a program of independent living services, and assistance designed to enable such veteran to achieve maximum independence in the functions of daily living. Authorizes the Administrator to prescribe regulations regarding leaves of absences, conduct, and cooperation. Releases to eligible veterans all books, supplies, and equipment furnished to such veteran under this Act, unless the Administrator determines that such veteran must return the resources. Allows for vocational rehabilitation to hospitalized members of the Armed Forces and veterans. Provides that any Federal agency's facilities may be used to provide unpaid training or work experience as part of a veteran's vocational rehabilitation program. States that such a veteran shall be deemed a Federal employee for workmen's compensation purposes but not for the purposes of laws administered by the Office of Personnel Management. Directs the Veterans Administration (VA) to: (1) provide employment assistance, including direct employment placement, utilization of Federal, State, and nonprofit private employment services and securing loans and paying business license fees; (2) provide vocational rehabilitation staff training and development; and (3) carry out an ongoing program of rehabilitation research and special projects, including grants and contracts with public and nonprofit agencies. Directs the Administrator to appoint a Veterans' Advisory Committee on Rehabilitation. Revises provisions concerning the limitation on periods of assistance under two or more veterans' educational assistance programs to include post-Vietnam era benefits within such limitation, and to provide a 48 month aggregate eligibility period for vocational rehabilitation and other educational assistance. Authorizes the Administrator to evaluate a veteran's employability in considering certain claims based on total disability and unemployability. Title V: Conditional Cost-of-Living Adjustment Educational Assistance Allowance - Authorizes the Administrator to provide a conditional cost-of-living adjust educational assistance to an eligible veteran or eligible person who makes an application and is eligible therefore. Stipulates that a cost-of-living adjustment allowance shall be in lieu of any authorized educational assistance or training allowance. Title VI: GI Bill Program Adjustments - Modifies the delimiting period for completing a program of education for veterans. Provides for the extension of the delimiting period for eligible veterans up to a period of two years. States that the Administrator shall provide educational, vocational, and personal adjustment counseling for veterans eligible for educational assistance. Limits the aggregate period during which any person may receive assistance under two or more programs of education administered by the Veterans' Administration. Declares that educational assistance allowances for institutionalized veterans after 30 days of institutionalization shall accrue and be withheld (and converted to securities), paid to dependents, and paid to such veteran upon discharge. Authorizes the Administrator, upon the request of such veteran, to pay to such veteran all or part of the monthly allowance to meet continuing financial obligations of such veteran. Provides for the payment of unused contributions to the education assistance fund to specified individuals upon death of the participant. Eliminates reporting requirements to Congress regarding default rates and experience with respect to loans made under this Act to eligible veterans. Discharges a veteran's liability on loans upon such veteran's successful completion of educational, professional, or vocational objective. Title VII: Interagency Task Force; Presidential Commission or Veterans' Affairs - Establishes an Interagency Veterans' Advisory Task Force. Sets forth the duties and responsibilities of such Task Force. Title VIII: Job Counseling, Training, and Placement Service for Veterans - Establishes within the Department of Labor an Assistant Secretary of Labor for Veterans Employment. Title IX: Employment and Training of Disabled and Vietnam Era Veterans - Requires Federal contracts of $10,000 or more to require the contracting party to take affirmative steps to employ qualified disabled veterans and veterans of the Vietnam era and to make reasonable efforts to provide career development, advancement, and training opportunities to such veterans. Encourages veterans employment within the Federal Government. Title X: Veterans Career Development, Advancement, and Training Assistance - Establishes a program of career development, advancement, training, and related services for Vietnam-era veterans. Defines, for purposes of this Act: (1) eligible veteran; (2) eligible employer; and (3) dependent. Sets forth provisions regarding the entitlement to and the eligibility of a veteran for a career development and advancement or training allowance. Sets the duration of such eligibility. Requires the Administrator of the Veterans' Administration to provide occupational and vocational counseling. Permits an eligible veteran to select a program of career development and advancement, or a program of career development and training with an eligible employer in a chosen career field if the employer hires such veteran into its regular workforce with the expectation of permanent employment of the veteran after the training and career development assistance ends. Disallows approval of enrollment of a veteran for: (1) seasonal, intermittent or temporary jobs; (2) jobs paying less than $4.00 an hour, unless the Administrator determines in a particular case that the clause does not apply; (3) jobs outside the United States or its territories or possessions; (4) jobs under which commissions are the primary source of income; (5) employment which involves political or religious activities; (6) employment in an industry which a substantial number of experienced and able workers are unemployed; (7) jobs that are above entry level, except when applicable personnel procedures and collective bargaining procedures regarding the advancement of currently employed workers are complied with; (8) employment which would result in the displacement of any currently employed worker; (9) jobs which if filled would replace any worker who is on lay off, or on strike. Requires the Administrator to discontinue the career development and advancement allowance of an eligible veteran whose conduct or progress is unsatisfactory. Allows the Administrator to renew the veterans' allowance under certain conditions. Directs the Administrator to pay to each eligible veteran employer, on behalf of each eligible veteran, an allowance to meet in part the expenses of such veteran's wages, benefits, training, and any other necessary or appropriate costs. Sets forth the provisions for computation of career development, advancement, and training allowances and payment to eligible employers. Outlines the specifications for approval of career development and advancement programs. Provides for the issuance of certificates of approval to the eligible employers. Requires an employer who receives an overpayment as a result of: (1) willful or negligent failure to report a veteran's excessive absences from work or interruptions in a planned program; or (2) false certification to repay the amount of such overpayment to the United States. Allows the Administrator to make a complete report of the facts to the appropriate approving agency and, if considered advisable, to the Attorney General of the United States for appropriate action. Allows an eligible veteran to make one change of program, unless the Administrator finds sufficient reason to support further changes. Authorizes the Administrator to periodically conduct compliance surveys. Outlines the duties of the Secretary of Labor under this Act. Directs the Administrator, in consultation with the Secretaries of Labor, and of Health, Education, and Welfare, to provide for an outreach and public information program to inform eligible veterans of the program established by this Act. Title XI: Honorable Discharge (Limited) - Creates a discharge category of honorable discharge (limited) if the board determines that such individual has been rehabilitated, that such individual's conduct, activities, and habits since the individuals last discharge or dismissal have been exemplary for a reasonable period of time. Title XII: Effective Date - The amendments made by this Act shall take effect October 1, 1980.
United States · United States Congress · 19 March 1980
Center for Defense Services Act - Declares the policy of Congress to aid State and local efforts to promote the fair administration of criminal justice in State court proceedings and the uniform provision of defense services to individuals unable to afford counsel. Establishes in the District of Columbia the Center for Defense Services as a private, nonmembership, nonprofit corporation. Grants the Center the authority to: (1) make grants and contracts to programs to provide defense services to eligible clients which substantially comply with nationally recognized standards; (2) provide research and technical assistance, and make grants or contracts for demonstration projects to further the purposes of this Act; (3) provide for the review, monitoring, and evaluation of the provision of defense services, whether or not furnished by a recipient of funds from the Center; and (4) make other grants or contracts to carry out the purposes of this Act. Directs the Center to promulgate regulations and guidelines to carry out this Act, including provision for substantial participation and advice from eligible clients in the decisionmaking process of defense services programs receiving assistance. Sets forth requirements with respect to grants and contracts made by the Center, such as the authority to require matching funds and a requirement that recipients of funds keep records. Requires the accounts of the Center to be audited annually and the report of the annual audit to be filed with the General Accounting Office.
United States · United States Congress · 18 March 1980
Department of Justice Appropriation Authorization Act, Fiscal Year 1981 - Authorizes appropriations in specified amounts for fiscal year 1981 to carry out the following activities of the Department of Justice: (1) general administration; (2) United States Parole Commission; (3) general legal activities; (4) United States attorneys, Marshals, and Trustees; (5) support of United States prisoners in non-Federal institutions; (6) fees and expenses of witnesses; (7) Community Relations Service; (8) Federal Bureau of Investigation (FBI); (9) Immigration and Naturalization Service (INS); (10) Drug Enforcement Administration (DEA); and (11) Federal Prison System. Directs the FBI to classify the offense of arson as a part I crime in its Uniform Crime Reports. Permits authorizations under this Act to be used for certain educational expenses for dependents of Department personnel stationed abroad under specified circumstances. Authorizes necessary appropriations for fiscal year 1981 for salary increases, employee benefits, and other nondiscretionary costs. Specifies the activities for which authorizations to the FBI may be used with respect to undercover investigative operations. Directs the FBI to conduct detailed financial audits of undercover operations closed on or after October 1, 1980, and to report the results to the Department and, on an annual basis, to Congress. Amends the Controlled Substances Act to extend through fiscal year 1981 the authorization of appropriations for the expenses of the Department in carrying out its functions under such Act. Amends the Department of Justice Appropriation Authorization Act, Fiscal Year 1980 to increase the amounts authorized for the United States attorneys, Marshals, and Trustees, and the Immigration and Naturalization Service.
United States · United States Congress · 5 March 1980
State Justice Institute Act of 1980 - Establishes in the District of Columbia the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel. Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems.
United States · United States Congress · 20 February 1980
Emergency Unemployment Compensation Act of 1980 - Authorizes States with approved unemployment compensation laws with extended compensation provisions to enter into and participate in (and to terminate upon 30 days' written notice) agreements with the Secretary of Labor that State agencies will make emergency compensation payments. Declares eligible for such payments individuals who have exhausted all rights to regular or extended State compensation, who have no rights to State or Federal compensation, and who are not receiving Canadian compensation for any week of unemployment which begins in an emergency benefit period and the individual's eligibility period or begins in an individual's additional eligibility period. Prohibits such payments for any week of unemployment which begins more than two years after the end of the benefit year for which the individual exhausted regular compensation rights. Declares that an emergency benefit period shall: (1) begin with the third week after a week for which there is a State "emergency on" indicator (when the rate of insured unemployment in such State for such week and the immediately preceding 12 weeks equaled or exceeded five percent); and (2) end with the third week after the first week for which there is a State "emergency off" indicator (when the rate of insured unemployment in such State for such week and the immediately preceding 12 weeks is less than five percent). Requires that, in the case of any State, no emergency benefit period shall last for a period of less than 13 consecutive weeks. Requires that the amount of emergency compensation payable to any individual for any week of total unemployment be equal to the regular compensation payable during the benefit year under State law. Requires that, under such agreements, States establish an emergency compensation account for each eligible applicant, in an amount equal to the lesser of 50 percent of the total amount of regular compensation payable to such applicant's most recent benefit year or 13 times the average weekly benefit amount for such year. Requires that each State which has entered into such agreement be paid an amount equal to 100 percent of the emergency compensation paid to individuals by the State pursuant to such agreement. Directs the Secretary of the Treasury to make such payments to each State in sums certified by the Secretary of Labor. Authorizes appropriations to carry out this Act. Provides penalties for individuals involved in misrepresentation with regard to such emergency payments. Authorizes States to require individuals to repay amounts of emergency compensation to which they were not entitled, and to waive such repayments in cases where the individual was without fault and where repayment would be contrary to equity and good conscience. Authorizes States to deduct such amounts to be repaid from various types of unemployment compensation payable to such individual and administered by State agencies. Limits any single deduction to no more than 50 percent of the weekly benefit amount from which such deduction is made. Requires notice and opportunity for a fair hearing for an individual, and an appropriate review, before such deductions are made.
United States · United States Congress · 5 February 1980
Court of Military Appeals Act of 1980 - Amends the Uniform Code of Military Justice to eliminate the mandatory review by Courts of Military Review and the Court of Military Appeals of sentences affecting general or flag officers. Stipulates that such amendment shall not apply to cases begun before the effective date of this Act. Revises provisions relating to status, jurisdiction, membership, organization, procedure, and administration of the Court of Military Appeals. States with regard to membership, that: (1) the Court shall consist of five members (presently three); and (2) a member must be appointed before reaching 65 years of age, and must be a member of the bar of a Federal court or the highest court of a State. States with regard to organization, that: (1) the seal of the Court shall be judicially noticed; (2) a majority of the Court shall constitute a quorum (presently two judges for a quorum); and (3) the principal office of the Court shall be in the District of Columbia. States with regard to procedure, that: (1) the rules of practice may be prescribed by the Court, and as far as practical, shall be the same as those used before the United States courts of appeal; (2) the accused has 60 days from (a) the date of notification of the decision of a Court of Military Review, or (b) the date on which the decision of a Court of Military Review is deposited with the post office for delivery to the accused, to petition for review. States with regard to administrative procedures, that the Court: (1) shall provide for the publication of its reports for public use; (2) may appoint and fix the pay of necessary employees; and may make necessary expenditures and set fees for the copying of transcripts and other related documents. States with regard to retirement and survivors' annuities, that: (1) a judge of the Court must retire at age 70; (2) a judge who has at least 15 years of service on the Court may retire at age 65; (3) a judge who is not reappointed to the Court may retire if (a) he/she has served on the Court at least 15 years; and (b) he/she advised the President in writing of a willingness to accept such reappointments; (4) a judge who becomes permanently disabled shall be retired; (5) the chief judge may fill a temporary vacancy with a retired judge; (6) specified provisions of the Internal Revenue Code of 1954 relating to judges' retired pay shall apply to judges of the Court in the same manner as such provisions apply to United States Tax Court judges; and (7) judges of the Court may provide annuities to their surviving spouses and dependent children in the same manner and subject to the same conditions as judges of the United States Tax Court under specified provisions of the Internal Revenue Code of 1954, and that annuity deductions shall be deposited in the Treasury as the "Court of Military Appeals judges survivors annuity fund." Sets forth transition provisions regarding: (1) continuation of status; (2) term of office; and (3) employees; (4) senior judges; and (5) retirement. Provides for Supreme Court review by writ of certiorari of: (1) cases reviewed by the Court of Military Appeals in which the sentence extends to death; (2) issues certified to the Court of Military Appeals by the Judge Advocate General; (3) issues reviewed by the Court of Military Appeals upon petition of the accused; and (4) other issues for which the Court of Military Appeals granted relief. States that Appellate Government counsel may represent the United States before the Supreme Court if so requested by the Attorney General in cases arising under the Military Code. Provides for Appellate defense counsel representation in such cases. Makes technical amendments.
United States · United States Congress · 31 January 1980
Customs Courts Act of 1980 - Title I: Composition of the Court of International Trade and Assignment of Judges to Other Courts - Replaces the United States Customs Court with a new United States Court of International Trade as a court established under article III of the Constitution. Directs the President to designate a chief judge of such Court, who shall serve until the age of 70 years and another judge is designated. Eliminates 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 (as well as in a district court as currently provided). 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 (as well as the Court of Customs and Patent Appeals, as revised by this Act, as currently provided). 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) certain countervailing and antidumping duty determinations pursuant to the Trade Agreements Act of 1979; (2) advice, findings, recommendations, and determinations of the International Trade Commission pursuant to specified provisions of the Trade Act of 1974, the Tariff Act of 1930, and the Agricultural Adjustment Act, solely for the purpose of determining procedural regularity (including whether or not the Commission has complied with relevant procedures when it decides not to recommend any action to the President); (3) certain actions of the Office of the Special Trade Representative pursuant to the Trade Act of 1974, solely for the purpose of determining procedural regularity; (4) any decision of the Secretary of Labor or the Secretary of Commerce certifying or refusing to certify workers, communities, or businesses as eligible for adjustment assistance under the Trade Act of 1974; (5) 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 Act of 1979, or a provision of the Constitution, treaty with the United States, or an executive agreement or order which directly and substantially involves international trade (with specified exceptions); and (6) certain counterclaims asserted by the United States which arise out of or relate to an import transaction pending before the court. Grants to the Court of International Trade original jurisdiction to review 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 or to recover upon certain bonds and customs duties. Allows such actions to be transferred to a district court in accordance with specified procedures. Directs a district court to transfer, in the interest of justice, a civil action within the exclusive jurisdiction of the Court of International Trade to such court. Directs the Court of International Trade to transfer, in the interest of justice, a civil action within the exclusive jurisdiction of a district court or court of appeals to such court. 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 - Redesignates the Court of Customs and Patent Appeals as the Court of Appeals for International Trade, Patents, and Trademarks which shall have all powers in law and equity of a court of appeals. Grants to such Court exclusive jurisdiction to review: (1) final decisions of the Court of International Trade; (2) appeals from interlocutory orders of the Court of International Trade with respect to injunctions; (3) any decision of the Secretary of the Treasury to deny or revoke a customs broker's license under the Tariff Act of 1930; and (4) any action challenging an order to revoke or suspend a license. 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. Allows a party to appeal to such Court from a final order of the Court of International Trade within 14 days after the filing date of a first notice of appeal. Makes certain revisions in the appellate procedure with respect to the Court of Appeals for International Trade, Patents, and Trademarks. Applies the Federal Rules of Evidence to any such appeal from the Court of International Trade. Specifies that the clearly erroneous rule shall be applied with respect to findings of fact made by the Court of International Trade. Authorizes the chief judge of 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. Title VI: Technical and Conforming Amendments to Other Acts - Makes technical and conforming amendments. Title VII: Effective Dates and Miscellaneous Provisions - Sets forth effective dates and miscellaneous provisions.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 29 January 1980
Authorizes the expenditure of funds, not to exceed $1,591,176.71, for investigations and studies to be conducted by the House Committee on the Judiciary. Specifies that $21,248 of such funds are for the reimbursement of computer and computer-related services requested by such committee. Declares that no part of these funds shall be available for expenditure in connection with the study of any subject which is being investigated by any other House committee. Terminates the authorization granted by this resolution on January 3, 1981.
United States · United States Congress · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 18 December 1979
Used Machinery Investment Credit Adjustment Act of 1979 - Amends the Internal Revenue Code to increase from $100,000 to $200,000 the cost of used property which is eligible for the investment tax credit.
United States · United States Congress · 14 December 1979
Amends the Older Americans Act of 1965 to provide that area agencies on aging shall have authority to award funds to the providers of home delivered meals for older persons without requiring that such providers also furnish meals to older persons in a congregate setting.
United States · United States Congress · 11 December 1979
Amends the Military Personnel and Civilian Employees Claims Act of 1964 to increase from $15,000 to $25,000 the maximum amount that the United States must pay in settlement of a claim for personal property losses incident to service by a member or civilian employee of the uniformed services or other Federal agencies. Provides for a maximum settlement amount of $35,000 in cases of evacuation from a foreign country.
United States · United States Congress · 6 December 1979
Expresses the sense of Congress that the President should establish a Federal strike force and implement a program in each Federal judicial district for the purposes of investigating and prosecuting members of outlaw motorcycle gangs who commit Federal crimes.
United States · United States Congress · 4 December 1979
Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Resources (formerly, the Secretary of Health, Education, and Welfare) to make grants to hospitals meeting specified requirements for their provision of health services during a one year period to individuals who are not eligible for Medicaid (title XIX of the Act), are not covered by insurance, and are otherwise unable to pay for such services.
United States · United States Congress · 28 November 1979
Amends the Controlled Substances Act of 1970 to authorize any officer or employee of the Drug Enforcement Administration or any State or local law enforcement officer designated by the Attorney General to enforce the provisions of such Act. (Current law limits enforcement to employees of the Bureau of Narcotics and Dangerous Drugs who are designated by the Attorney General.)
United States · United States Congress · 28 November 1979
Amends the False Claims Act to redefine the fraudulent claims against the United States Government which give rise to liability and forfeiture. Includes within the scope of such claims the falsification of computer-readable media. Defines "knowing" (the mental state required to establish liability) to include actual or constructive knowledge. Stipulates that in any suit under this Act no proof of intent to defraud at common law is required. Increases the forfeiture level for such fraudulent claims from $2,000 to $5,000, and makes recoverable those damages sustained by the Government's having entered into or made any contract or grant as a result of any false statement. Makes venue of actions under this Act proper in any district in which a defendant can be found, resides, transacts business, or in which any act prescribed is alleged by the United States to have occurred (current law limits jurisdiction to where a defendant "shall be found"). Gives the Court of Claims jurisdiction of any action asserted by way of counterclaim. Sets forth new procedural provisions governing actions under such Act. States that the burden of proof for the United States is by a preponderance of the evidence. Provides that a final judgment in favor of the Government in any criminal proceeding charging fraud or false statements (including a plea of nolo contendere) shall estop the defendant from denying the essential elements of the offense in any action under the False Claims Act. Makes any person who gives anything of value to an officer or employee of the U.S. to influence such person in the performance of an official duty liable for the amount given. Makes any contract made with such person within one year of such payment void, and allows the United States to retain benefits or sue to recover benefits paid under any such contract. Authorizes a court to enjoin a defendant from taking an action which is found reasonably likely to hinder the collection of any judgment by the United States. Requires suits under such Act to be commenced within the later of: (1) six years from the commission of the act (the current requirement); or (2) three years from the time material facts reasonably should have been known by the appropriate Department of Justice official. Authorizes the Attorney General to issue a civil investigative demand prior to a civil proceeding which requires a person to produce documentary material, answer written interrogatories, or give oral testimony concerning material or information which is relevant to a false claims investigation. Applies to such demands the standards applicable to subpoenas issued by a Federal court in aid of a grand jury investigation or discovery requests under the Federal Rules of Civil Procedure. Specifies rules regarding the service of, and compliance with, such demands. Requires that a False Claims Act investigator be designated to serve as custodian of material, answers to interrogatories, and transcripts of oral testimony received. Allows such custodian to deliver such information to a Department of Justice attorney who appears in any judicial or administrative proceeding. Provides for the return of information which has not passed into the control of a court, grand jury, or agency to the person producing it. Sets forth enforcement procedures with respect to such civil investigative demands and the duties of designated custodians.
United States · United States Congress · 26 November 1979
Amends the Antitrust Civil Process Act to authorize the Department of Justice to retain agents in connection with the enforcement of antitrust laws. Authorizes such agents to use documentary material, answers to interrogatories, or transcripts of oral testimony in the custody of the Antitrust Division of such Department in connection with the taking of oral testimony. Subjects such agents to criminal penalties for the unauthorized disclosure of specified confidential information.
United States · United States Congress · 7 November 1979
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 · 12 October 1979
Amends the Act incorporating the American Legion to change the dates of military or naval service applicable to membership eligibility in such organization.
United States · United States Congress · 28 September 1979
National Historic Preservation Amendments of 1979 - Amends the Act known as the "National Historic Preservation Act of 1966" to officially entitle such Act the "National Historic Preservation Act." Declares under such Act, that it is the duty of the Federal Government, in cooperation with other nations, the States, local communities, and private organizations and individuals, to promote the preservation and conservation of the historic, architectural, archaeological, and cultural resources of the United States and of the international community of Nations. Declares that the Federal Government shall give priority to preservation activities for the revitalization of urban areas, the conservation of agricultural areas, the creation of local employment opportunities, and the conservation of energy. Directs the Administrator for Historic Preservation appointed pursuant to this Act to establish and maintain a National Register of Historic Places at the national, State, or local level in accordance with procedures set forth in this Act. Requires that such properties shall: (1) be of national or world heritage significance; (2) involve a direct or indirect public investment; and (3) be legally dedicated to preservation. Directs the Administrator, not later than one year after his initial appointment, to establish an Inventory of Historic Resources on a State-by-State basis. Declares that those properties which are determined to meet the criteria of significance, but which lack the other requirements for inclusion in the National Register, shall be designated as eligible for inclusion on the Register. Makes such Inventory available to all Federal, State, and local government departments, agencies, and instrumentalities. Requires the Administrator to promulgate regulations concerning nondisclosure to the public of any property location where such disclosure would be likely to endanger the property. States that properties included in such inventory and designated as eligible properties shall be treated as certified historic structures under provisions of the Internal Revenue Code, unless the Administrator finds that such treatment would not further the purposes of this Act. Declares that such properties shall be entitled to financial assistance in accordance with provisions of such Act. Directs the Administrator to review, during the one-year period following enactment of this Act, all properties included in the National Register under prior authority of law. Requires the Administrator to include each property designated as "National Historic Landmarks" under prior authority and each property which meets the requirements of this Act in the National Register. Provides that those properties included in the Register under prior authority, but which do not meet all the requirements under this Act shall be designated in the Inventory as "eligible properties." Allows any State or local government carrying out an approved program under this Act or any Federal agency to nominate a property for inclusion in the Register or for inclusion in the Inventory as an eligible property. Requires such information to be included in the Register, as appropriate, unless the Administrator disapproves such nomination within 30 days of its receipt. Allows the Administrator to accept a nomination from any person, if the property nominated is located in a State or political subdivision where there is no approved program. Requires the Administrator to determine the eligibility or inclusion of such property in the Register. Allows the Administrator on his own motion or at the request of any person, to include any property on the Inventory and designate such property as eligible if he determines such property to meet the requirements of this Act. Declares that a property shall be considered of national significance when: (1) the Congress so designates a property; (2) a property is included in the National Park System as a historical unit; or (3) the Administrator determines the property to be of national significance. States that a property shall be considered to be of World Heritage significance when it is included in the World Heritage list maintained in accordance with the Convention Concerning the Protection of the World Cultural and Natural Heritage. Declares that a property shall be considered a public investment if government agency fund expenditures directly or indirectly contribute substantially to the preservation of such property, or if a Federal income tax deduction or similar State or local measure is taken with respect to the amortization of amounts spent for rehabilitation of a certified historic structure. Provides that a property shall be treated as legally dedicated to preservation when: (1) an easement, or other property interest, requiring preservation of significant features of such property for not less than 30 years is held by any person or government entity or is otherwise legally binding on the owner; (2) such property is under public ownership and managed for preservation; or (3) any State or local law provides for the designation or preservation of such property. Requires the Administrator to promulgate regulations to carry out the purposes of this Act. Directs the Administrator to establish and administer grant-in-aid programs to States and the National Trust for Historic Preservation, and programs of direct grants, loans or loan guarantees for historic preservation. Authorizes the Administrator to make grants to States, upon application, for programs approved under this Act. Prohibits such grants from paying more than 50 percent of the costs of such programs. Provides that the remaining 50 percent shall be contributed by non-Federal sources, and of such percentage not more than 25 percent may be contributed in the form of property or services, or both. Requires the Administrator, upon approval of such programs, to evaluate such programs every four years to determine whether or not such programs are in compliance with the requirements of this Act. Requires the Administrator to conduct periodic fiscal audits of the recipients of Federal grants. States that State and local governments may assume the responsibility for financial and compliance audits of Federal grants received by them and other persons or organizations and their subgrantees. Declares that the Federal Government shall be responsible for audits which deal with economy, efficiency, and program results and for assuring that such financial and compliance audits are conducted under generally accepted audit standards. Directs State and local governments receiving grants to set forth in writing criteria by which they judge whether they are meeting program requirements, to be available for use by the auditors. Directs the Administrator to reimburse State and local governments for actual expenses incurred in conducting such audits. Sets forth the following requirements for approval of State programs: (1) designation by the Governor of a State historic preservation officer; (2) transfer of not less than 50 percent of the grants received to political subdivisions of the State having preservation programs; (3) provision of financial mechanisms for the development of properties on the National Register or in the Inventory of Historic Resources; (4) provision of mechanisms for the acquisition, acceptance of donations, and dedication of fee title in applicable properties; (5) provisions for relocation assistance to persons or businesses affected within the historic district; (6) giving priority to projects that will conserve energy, are labor intensive, or will further urban revitalization or agricultural conservation; (7) provision of a professional acceptable mechanism for the identification, evaluation, and protection of historic properties within the State; and (8) otherwise carrying out the purposes of this Act. Sets forth restrictions for grants made under this Act for the improvement of properties. Prohibits grants made under this Act for the improvement of properties. Prohibits grants made for any single property to exceed $50,000. Prohibits any grant to any State in any fiscal year to exceed ten percent of such funds to carry out a comprehensive statewide survey of historic resources. Requires that no more than 15 percent of such grant be used for improvement of government buildings used for governmental purposes. Sets forth procedures for the allocation by States of grants to political subdivisions. Allows the Administrator to allocate funds to any political subdivision of any State that does not have an approved program within two years after the date of enactment of this Act. Sets forth procedures for approval of State historic preservation programs in effect under prior authority of law. Sets forth conditions for grants and loans that may be made by the Administrator for: (1) the preservation of properties of national or world heritage significance; (2) demonstration projects to preserve any eligible property or property on the National Register; (3) the training and development of skilled labor in trades and crafts and in curation relating to historic preservation; and (4) Indian tribes for the preservation of historic properties. Provides that any such loans made by the Administrator shall be at an interest rate determined by the Secretary of the Treasury guided by applicable provisions of this Act. Authorizes the Administrator to make loan guarantees for any project approved by the State historic preservation officer, or the chief elected official of any State that does not have an approved program. Sets forth conditions for loans and loan guarantees made by the Administrator in consultation with the Secretary of Treasury. Authorizes the Administrator to deem any portion of any record, material, or data received in connection with any financial application as privileged or confidential within the meaning of applicable law. Establishes as an independent agency a Historic Preservation Agency to be under the direction of the Administrator for Historic Preservation, appointed by the President by and with the advice and consent of the Senate. Directs the President to establish an Advisory Council on Historic Preservation to be composed of the following members: (1) the Secretary of the Interior and the Architect of the Capitol; (2) four agency heads (other than the Department of the Interior) whose activities affect historic preservation; (3) representatives of the National Conference of State Historic Preservation Officers, the National Trust for Historic Preservation, and four professionals in the fields of history, architecture, archeology, urban planning, or related disciplines; (4) three State governors or mayors; and (5) three at large members of the general public. Sets forth requirements and procedures to be followed in the operation of the Council. Authorizes the Council to conduct hearings and make determinations and recommendations with respect to the protection of historic properties. Requires the Council, when transmitting legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, to concurrently transmit such copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Sets forth the duties of the Administrator including: (1) advising the President and the Congress on matters relating to historic preservation; (2) encouraging public interest and participation in historic preservation; (3) conducting studies relating to historic preservation and the effects of tax policies on such preservation; (4) assisting State and local governments in drafting appropriate legislation; (5) providing training and education in the field of historic preservation; and (6) maintaining the historic register, surveys, and records of the agency. Requires the Administrator to submit an annual comprehensive report of his activities and the results of his studies to the President and the Congress. Authorizes the Administrator to accept donations and bequests of money and real and personal property, and to use such donations in accordance with provisions of this Act. Directs the Administrator, consistent with the provisions of this Act, to institute a program of education and training relating to historic preservation for Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations connected with the World Heritage Convention. Directs the Administrator to increase the awareness of historic resources and preservation among the student population of the United States, to develop mechanisms to give the public a greater knowledge of historic resources in the cultural heritage of the United States, and to establish a program for training and development of skilled labor in trades and crafts relating to historic preservation. Requires the Administrator to review the policies and programs of Federal agencies whose activities are under the purview of this Act. Directs the Administrator to promulgate guidelines relative to archaeological and historical data for Federal agencies consistent with provisions of this Act. Directs the Administrator, within one year after his appointment, to establish, jointly with the Secretaries of the Interior, Agriculture, and Defense, and the Administrator of the General Services Administration, standards for the management and preservation of federally owned historic properties. Directs the Administrator to review and approve the plans of transferees of surplus federally owned properties eligible for or on the National Register to ensure historic preservation in the rehabilitation of such properties. Requires all Federal agencies administering any program of Federal assistance to any State or local government or under which any Federal approval is required to coordinate such program with the purposes of this Act. Requires such agencies to submit proposals to the Administrator, within 180 days after his appointment, relative to their preservation activities. Directs the Administrator to designate National Historic Landmarks and World Heritage properties and to submit such designations to the appropriate World Heritage properties and to submit such designations to the appropriate congressional committees 30 days after such designations become effective. Directs the Administrator to encourage and coordinate United States participation in the Convention Concerning the Protection of the World Cultural and Natural Heritage and other international historic preservation activities in cooperation with the Secretaries of the Interior and State, and the Smithsonian Institution. Requires the Administrator to establish a program to nominate historic properties to the World Heritage Committee on behalf of the United States. Requires such nominations to be submitted to the appropriate congressional committees 60 days prior to the intended action. Authorizes the participation of the United States as a member of the International Centre for the Study of the Preservation and Restoration of Cultural Property. Authorizes the appropriation of the sums necessary for United States membership in the Centre for fiscal years 1979 through 1989. Directs the Administrator to establish a program to encourage tourism by people of other nations to historic properties of the United States, reflecting the diverse, ethnic and cultural heritages of the citizens of the United States. Requires each Federal agency to notify the Administrator 45 days prior to any undertaking outside the United States that may affect a property on the World Heritage list or which has been nominated for inclusion on such list. Requires the head of each Federal agency to designate a Preservation Officer responsible for coordinating the agency's activities under this Act. Requires each agency having jurisdiction or control over properties on the National Register to submit property management plans to the Administrator for comment within one year after the date of enactment of this Act. Directs the Secretary of the Interior to study and investigate properties included in the National Register which are under the jurisdiction or control of Federal agencies. Authorizes the Secretary to recommend to the President the transfer of administrative jurisdiction or control of such properties to him as a unit of the National Park System. Requires such recommendation to be concurrently submitted to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Authorizes the Secretary, upon the concurrence of the Administrator, to accept gifts or donations of less than fee interests in any properties in the National Register, where such acceptance will facilitate the preservation of such property. Authorizes each Federal agency having authority for management of any real property, with the concurrence of the Administrator, to lease or exchange with any person or organization the management of properties on the National Register. Requires the proceeds of such leases to be retained by the agency to defray the expenses with respect to such properties, and the surplus proceeds to be deposited in the United States Treasury. Allows the heads of such agencies to enter into contracts for the management of such properties. Directs all Federal agencies to cooperate with purchasers and transferees of eligible property or property included in the National Register in the development of plans for uses of such property comparable with preservation and conservation objectives without imposing unreasonable economic burdens on public or private interests. Requires each Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State to survey the affected area to determine the effect of such undertaking on the protection of historic properties. Authorizes the Administrator to promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from the requirements of this Act. Authorizes all Federal agencies to expend appropriated funds for purposes of this Act. Requires each Federal agency to provide the Administrator a 45-day comment period with respect to any program or policy that may affect historic properties. Defines terms used in this Act. Establishes a Historic Preservation Fund in the Treasury of the United States to be funded from revenues payable to the United States under the Outer Continental Shelf Lands Act or the Act of June 4, 1920, or both. States that not less than two-thirds of appropriated funds shall be available for other grants or loans and for the Administrator to carry out his duties under this Act. Directs the Administrator to establish regulations to insure maximum public participation in all activities of the Administrator, the Council, other Federal agencies, States, and units of local governments in carrying out requirements under this Act. Declares that grants made under this Act may not be used to satisfy requirements of other provisions of law requiring matching by State or local funds nor shall they be treated as taxable income for purposes of the Internal Revenue Code of 1954. Grants attorney fees to any person who prevails in any civil action brought in any United States district court against any Federal agency to enforce the requirement relating to the protection of historic properties in connection with the action of a Federal agency. Authorizes the Administrator to establish an annual preservation awards program under which he makes awards to Federal, State, or local government officers or employees in recognition of their outstanding contributions to the preservation of historic resources. Allows the President to award any citizen of the United States recommended for such award by the Administrator. Directs the Administrator to promulgate regulations for carrying out the awards program. Authorizes the Administrator to delegate to any State having an approved program under this Act the authority to carry out responsibilities under the National Environmental Policy Act of 1969 with respect to such approved program. Transfers the provisions of various Acts relating to historic preservation responsibilities from the Secretary of the Interior to the Administrator for Historic Preservation. Authorizes the Administrator to issue an order to postpone for 60 days any action undertaken, or being undertaken, by any Federal agency, or agency or instrumentality of a State or local government, or by any other person if such action may adversely affect any property included in the National Register. Directs the Administrator, during the period, to endeavor to develop an acceptable preservation plan for the affected property, or to exercise his emergency acquisition authority provided under this Act. Provides procedures for the assessment of civil penalties for violations of such orders, and for judicial review in the United States District Court for the District of Columbia or any other district in which such person resides. Provides procedures for administrative hearings for the assessment of civil penalties. Establishes the Pension Building in Washington, District of Columbia, as a national historic site to be named the "National Center for the Building Arts." Requires the Administrator of the General Services Administration to transfer such building and lands to the jurisdiction of the Secretary of the Interior. Directs the Secretary to administer the management of the Center in accordance with provisions of this Act and other Acts generally applicable to units of the National Park System. Authorizes the Secretary to enter into contracts with the National Building Arts Foundation relating to management of such Center. Appropriates $15,000,000 to be used for the renovation of the Center. Establishes a National Building Arts Foundation and specifies programs it shall carry out relating to the building arts. Directs the Foundation to coordinate its activities with other public and private organizations and individuals in order to avoid duplication of efforts relating to the functions of the Foundation. Establishes a Board of Trustees of the Foundation and provides for the funding of the Foundation. Directs the General Accounting Office to review and audit regularly the accounts of the Foundation to determine the ability of the Foundation to pay for the functions of the Center. Requires the Foundation to submit annually a report to the appropriate congressional committees containing a statement of its activities pursuant to this Act and a proposal for its programs during the succeeding four years. Provides emergency acquisition procedures for the Administrator for any properties eligible for or in the National Register where such properties are threatened with demolition or impairment. Directs the Administrator, in consultation with the American Folklife Center of the Library of Congress and the Buildings Arts Foundation, to report within two years after the date of enactment of this Act, to the President and the Congress on preserving and conserving the intangible elements of our cultural heritage. Requires the report to include recommendations for legislative and administrative action by the Federal Government relating to such heritage. Directs the Administrator for the Historic Preservation Agency to submit the following reports: (1) to the President and the Congress within eight years on the operation of the Historic Preservation Fund; (2) to the Congress within 90 days of his appointment on his study of the Pennsylvania Avenue Development Corporation; (3) to the President and Congress within one year of his appointment on recommendations with respect to Federal tax laws relating to historic preservation; and (4) to the President and the Congress within two years of enactment of this Act on recommmendations for the creation of a National System of Cultural Parks. Amends the Pennsylvania Development Corporation Act to require any historic property demolition, or other rehabilitation, to be in accordance with applicable Federal and District of Columbia laws.
United States · United States Congress · 28 September 1979
Commission on Wartime Relocation and Internment of Civilians Act - Establishes the Commission on Wartime Relocation and Internment of Civilians to: (1) determine whether a wrong was committed against American citizens and permanent resident aliens who were subjected to relocation or internment as a result of Executive Order Numbered 9066 and other associated Government acts; and (2) recommend appropriate remedies. Directs the Commission: (1) to hold public hearings in specified cities; and (2) within 18 months after enactment of this Act, to submit a final report of its findings and recommendations to Congress and the President. Terminates the Commission six months after such report is submitted.
United States · United States Congress · 27 September 1979
Amends the Department of Education Organization Act to establish an Office of Private Education to be administered by the Assistant Secretary for Private Education. Terminates the Office of Non-Public Education.
United States · United States Congress · 26 September 1979
Amends the Internal Revenue Code to provide that the standard mileage rate used in computing the charitable deduction for expenses incurred in the operation of a motor vehicle shall be the same as the standard mileage rate established by the Secretary of the Treasury for the business related deduction.
United States · United States Congress · 25 September 1979
Provides that the authority contained in the Department of Justice Appropriation Authorization Act, Fiscal Year 1979, shall continue in effect until the earlier of: (1) the effective date of a general authorization Act; or (2) the end of the sixtieth day after the date of enactment of this Act.
United States · United States Congress · 25 September 1979
National Center of Afro-American History and Culture Act - Establishes the National Afro-American History and Culture Commission which shall: (1) be responsible for the development of a definitive plan for the construction and operation of the National Center for Afro-American History and Culture; and (2) solicit subscriptions of funds from private sources to help meet costs of the construction, furnishing, and operation of the center, including the costs of acquiring works of art and artifacts. Allows the Commission to: (1) acquire by gift, purchase with appropriated or donated funds, transfer from any Federal or State agency, exchange, or otherwise acquire suitable land and interest in land in the vicinity of Wilberforce, Ohio, for the location of the headquarters of the center; (2) acquire appropriate works of art and any other real or personal property necessary for the establishment and operation of the center; and (3) sell, exchange, or otherwise dispose of any property acquired and designate any proceeds from such disposal for the benefit of the center. Authorizes the Secretary of the Interior to acquire by donation or purchase with donated or appropriated funds the Colonel Charles Young Home and adjacent lands in Wilberforce, Ohio, not to exceed 80 acres, which when acquired shall be known as the Wilberforce National Historic Site.
United States · United States Congress · 25 September 1979
Amends the Emergency Petroleum Allocation Act of 1973 to direct the President to promulgate a regulation to hold down the price of diesel fuel and Number 2 fuel oil at their respective levels in effect on January 1, 1979.
![Official portrait of Rep. Rodino, Peter W., Jr. [D-NJ-10]](https://www.congress.gov/img/member/r000374_200.jpg)