United States · United States Congress · 17 March 1980
Amends the Trade Expansion Act of 1962 to prohibit the President from taking action, pursuant to the President's authority to adjust the imports of articles which threaten national security, to impose import fees on petroleum and petroleum products imported into the United States without specific authorization from Congress, effective March 1, 1980.
United States · United States Congress · 12 March 1980
Requires that each State establish and maintain an approved workfare program as a condition of its eligibility for Federal payments or other assistance under the: (1) program of aid to families with dependent children under the Social Security Act; (2) food stamp program under the Food Stamp Act of 1977; and (3) public housing and assisted housing programs under the United States Housing Act of 1937. Requires that such State workfare program shall require every State resident applying for or receiving aid under such Federal public assistance program to perform work in return for (and as a condition of his or her eligibility for) such aid. Directs the appropriate Federal agencies to promulgate guidelines for approval, supervision, and oversight of such State workfare programs. Exempts from required participation in such programs those who are: (1) under age 18 or over age 65; (2) disabled; (3) regularly employed for at least 40 hours a week; or (4) primarily responsible for the care of a child less than three years old (or for the care of a child more than two but less than six years old if suitable child care is not available at reasonable cost). Requires that each State workfare program must provide that if any individual who is required to participate in such program refuses to accept a bona fide offer of qualified employment or to perform qualified employment, in any month, neither such individual nor any other person in the family or household of which such individual is a member shall be eligible to receive any aid under such Federal public assistance programs for that month. Requires that State workfare programs include provision for job counseling, assistance in obtaining employment outside the program, and job search activities. Provides for: (1) Federal matching funds to cover administrative costs of such State programs; (2) Federal cut-offs of funds to State agencies for failure to comply with this Act; and (3) Federal agency reports to Congress on such State programs. Authorizes appropriations to carry out this Act.
United States · United States Congress · 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 · 5 March 1980
Expresses the sense of the House of Representatives that the first concurrent resolution on the budget for fiscal year 1981 reported by the Committee on the Budget shall limit budget outlays to 21 percent of the gross national product.
United States · United States Congress · 27 February 1980
Amends the Federal Election Campaign Act to include any loan, payment, or gift made for the purpose of participating or intervening in a political campaign for certain offices within the definition of a "contribution or expenditure" by a national bank, a corporation, or a labor organization for purposes of such Act and the Public Utility Holding Company Act. Allows a corporation or labor organization to establish and administer a separate contributory fund for political purposes provided that all contributions for or to the fund are made voluntarily and are unrelated to any fees required for membership or employment in such organization or corporation. Prohibits the payment of any costs of establishing or administering the fund from moneys obtained in any commercial transaction.
United States · United States Congress · 27 February 1980
Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit the sum of all severance taxes or fees, for any fiscal year, levied upon or collected from any taxpayer by a State or any political subdivision thereof on coal destined for shipment in interstate commerce for use in any powerplant or major fuel-burning installation or on any improvements or other rights, property, or assets produced, owned, or used in connection with the production of such coal. States that such tax shall not exceed a total of 12 1/2 percent of the value of such coal produced during a fiscal year.
United States · United States Congress · 26 February 1980
Small Business Capital Incentive Act of 1980 - Amends the Internal Revenue Code to permit a taxpayer to elect shorter useful lives for buildings and business machinery in computing the allowance for depreciation. Specifies that the taxpayer may elect a useful life of 15 years in the case of a building and its structural components, and four years in the case of business machinery eligible for the investment tax credit. Imposes a $3,000,000 basic limit for buildings and a $1,000,000 limit for machinery eligible for the election provided by this Act. Reduces from seven to three years the useful life of investment tax credit property which is eligible for the full amount of such credit.
United States · United States Congress · 30 January 1980
Amends the Federal Election Campaign Act of 1971 to prohibit any Member of Congress from using funds received as contributions to pay personal expenses.
United States · United States Congress · 29 January 1980
Equal Access to Justice Act - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Makes this Act applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this Act six months after enactment.
United States · United States Congress · 24 January 1980
Individual Investors' Incentive Act of 1980 - Amends the Internal Revenue Code to allow individual taxpayers a nonrefundable income tax credit equal to ten percent of the cost of corporate securities purchased by such taxpayer during the taxable year. Limits the dollar amount of such credit to $1,000 ($2,000 for married individuals filing jointly). Requires the recapture of specified amounts of such credit if any securities for which the credit is allowed are disposed of by the taxpayer within one year of their purchase. Disqualifies estates, trusts, and nonresident aliens from eligibility for the credit.
United States · United States Congress · 7 January 1980
Criminal Code Revision Act of 1980 - Title I: Revision of Title 18 - Amends in its entirety title 18, the Federal criminal code. Subdivides such title into the following subtitles: (1) provisions of general applicability; (2) offenses; (3) sentencing and corrections; (4) administration and procedure; and (5) ancillary civil proceedings. Subtitle I: Provisions of General Applicability - Sets forth 32 general definitions. Defines Federal jurisdiction as including the general and special (territorial, maritime, and aircraft) jurisdiction of the United States, specified aspects of extraterritorial jurisdiction, and Indian country jurisdiction. Provides that the separate sections describing offenses may specify circumstances giving rise to Federal jurisdiction. Directs the Attorney General to prescribe guidelines for the exercise of Federal enforcement efforts where there is concurrent State or local jurisdiction over the offense. Requires that such guidelines provide for the discontinuation of Federal efforts unless a demonstrable, substantial interest would be served, and take into consideration the following factors: (1) the relative gravity of the Federal offense and the State or local offense; (2) the nature and extent of the Federal interest in the investigation; and (3) the resources available to the Federal, State, and local authorities. Directs the Attorney General to consult with State and local governments concerning the exercise of Federal jurisdiction and to report annually to Congress on the extent of such exercise. Requires the court, upon motion of the defendant, to determine before trial the issues of fact bearing on the existence of Federal jurisdiction over an offense. Provides that Federal jurisdiction is not generally preemptive of the exercise of jurisdiction by a State or local government, Indian tribe, or military court, but enumerates offenses with respect to which the Attorney General may order preemption. Limits to four the mental states required to be proved with respect to criminal conduct ("intentional", "knowing", "reckless", and "negligent"). Specifies matters of law requiring no proof of state of mind, including jurisdiction, bars to prosecution, and defenses. Sets forth a general criminal complicity section, including rules with respect to the liability of an accomplice, of an organization for the conduct of an agent, and of an agent for the conduct of an organization. Precludes as a defense to such criminal liability that the person for whose conduct the defendant is liable has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense, was incompetent or irresponsible, or is immune from prosecution (except acquittal because of insufficient evidence is a bar to prosecution), or that the defendant does not belong to the class of persons who by definition are the only ones capable of directly committing the offense. Allows a defendant to be convicted of an offense based on the conduct of another person only if such defendant knowingly and with specific intent induced or aided the commission of the offense. Makes it a bar to prosecution that the defendant was less than 18 years old at the time of the commission of the offense, but allows the court upon motion of the Attorney General to determine that the nonapplicability of such bar is in the interest of justice with respect to a defendant who has attained the age 16 years and is alleged to have committed a class A, B, or C felony. (Under current law the age of 16 years bars prosecution of all offenses as an adult, and persons between the ages of 16 and 18 are treated as juveniles unless the offense is a felony punishable by ten or more years of imprisonment.) Provides for a general statute of limitations of: (1) five years for a felony; and (2) three years for a misdemeanor or infraction (under current law such bar varies with the offense), but permits an extended period for certain concealable offenses. Sets forth as statutory law the following defenses to criminal liability: (1) insanity; (2) intoxication; (3) mistake of fact or law; (4) protection or persons; and (5) protection of property. Sets forth as affirmative defenses: (1) duress; and (2) reliance upon official misstatement. Subtitle II: Offenses - Organizes offenses by the following types (rather than alphabetically as under current law): (1) attempt and conspiracy; (2) offenses involving national defense, including treason and related offenses, sabotage and related offenses, espionage and related offenses, and atomic energy offenses; (3) offenses involving international affairs, including foreign relations crimes and offenses involving immigration, naturalization, and passports; (4) offenses involving government process, including obstruction of government, obstruction of law enforcement, obstruction of justice, contempt offenses, perjury, false statements, and related offenses, and official corruption and intimidation; (5) offenses involving revenue, including internal revenue and customs offenses; (6) offenses involving individual rights, including civil rights crimes, offenses involving political rights, and offenses involving privacy; (7) offenses involving the person, including homicide offenses, assault offenses, kidnapping and related offenses, and sex offenses; (8) offenses involving property, including arson and other property destruction offenses, criminal intrusion offenses, robbery, extortion, and blackmail, theft and related offenses, counterfeiting, forgery, and related offenses, nongovernmental bribery, and investment, monetary, and antitrust offenses; and (9) miscellaneous offenses, including racketeering, drug offenses, explosives and weapons offenses, riot offenses, gambling and sexual exploitation of children, and public health offenses. Replaces the particularized penalties for individual offenses in current law with general penalty provisions specifying: (1) terms of imprisonment based on five classes of felonies (A to E) and three classes of misdemeanors (A to C); and (2) levels of fines according to the type of offense. Includes among new Federal crimes: (1) obstructing by force the following government functions: the service or attempted service or execution of any authorized legal or judicial document, the performance of extradition duties, the performance of duties under a court order, the passage of the United States mail, and the execution by a law enforcement officer of an arrest; (2) false swearing; (3) speculating on official action or information; (4) a series of offenses covering the obstruction of political rights; (5) possession of an eavesdropping device with intent that it be used unlawfully; (6) endangerment, defined as violating specified provisions of the Federal Mine Safety and Health Act, the Occupational Safety and Health Act, the Federal Hazardous Substances Act, the Public Health Service Act, the Federal Food, Drug, and Cosmetic Act, and the provision of this Act relating to environmental pollution, where such violation places a person in imminent danger of death or serious bodily injury, if such conduct manifests an unjustified disregard for the life of such person; (7) trafficking in stolen property; (8) trafficking in counterfeit labels for sound recordings, motion pictures, and audiovisual works; and (9) operating a racketeering syndicate. Provides for the offenses of "obstruction of official proceedings by fraud" and "government program bribery." Revises numerous offenses, including the following changes. Limits the offense of "impairing military effectiveness" to time of war or national defense emergency or where a major weapons system or means of defense against large scale enemy attack is impaired. Revises "espionage" and certain offenses relating to the dissemination of classified information to cross-reference to the following existing laws: the Atomic Energy Act of 1954, the Espionage and Sabotage Act of 1954, and the Subversive Activities Control Act of 1950. Modifies the offense of "failing to appear as a defendant" to: (1) include the failure to surrender for service of sentence pursuant to a court order; and (2) vary the penalties according to the category of offense. Revises "criminal contempt" to: (1) prohibit disobedience or resistance to lawful court orders, unless the alleged contemnor took reasonable and timely steps to obtain judicial review of the order or such order is constitutionally invalid. Modifies "obstruction of justice" to detail prohibited activities with respect to tampering with a witness or an informant. Amends "making a false statement" to: (1) consolidate numerous false statement statutes under current law; and (2) prohibit the knowing submission of false material in a government matter under specified circumstances. Revises "tax evasion" to cross-reference to existing prohibitions under the Internal Revenue Code. Modifies "civil rights offenses" to: (1) include all "persons" (current law protects "citizens"); (2) allow for a single offender (current law requires a conspiracy); (3) eliminate the requirement (Screws v. United States, 325 U.S. 91 (1945)) that a defendant be found to have had a specific intent to deprive the victim of federally protected rights; and (4) prohibit discrimination based on sex (current law includes race, color, religion, or national origin). Revises "sex offenses" to: (1) apply such offenses without distinction as to the sex of the offender or victim; (2) redesignate rape as aggravated criminal sexual conduct; (3) include additional acts with respect to such redesignated offense; (4) make punishable aggravated criminal sexual conduct towards one spouse by the other (but applies the interspousal exemption with respect to other sex offenses); (5) modify the offense of sexual assault (redesignated as criminal sexual conduct) to add the act of compelling a person to participate by threat or placing such person in fear; and (6) provide, with respect to sexual abuse of a minor, that the victim must be less than 16 years old and at least five years younger than the offender, and add as an affirmative defense that the actor reasonably believed the other person to be 16 years of age or older (current law prohibits the carnal knowledge of a female under the age of 16 years). Modifies the offense of "extortion" to provide that it is not a defense to prosecution that the conduct constituting the offense was in furtherance of a legitimate objective or activity (see United States v. Enmons, 410 U.S. 396 (1973)). Consolidates numerous theft statutes under current law. Broadens the application of the offense of "laundering racketeering proceeds." Revises "loansharking" to add as a new offense an extension of credit over $100 in value carrying an annual interest rate exceeding 45 percent (such a rate under current law only evidences extortion). Modifies "drug offenses" to: (1) increase the penalty for simple possession of 100 grams or more of an opiate; and (2) make possession of 30 grams (approximately one ounce) or less of marihuana an infraction. Imposes a mandatory one-year minimum sentence for the first offense of "using a firearm or explosive in the course of a crime." Imposes a mandatory two-year minimum sentence for the second or subsequent offense, and stipulates that such sentence shall be served consecutively to any term of imprisonment imposed. Requires, with respect to the offense of "inciting or leading a riot," the existence of circumstances which render it likely that the prohibited incitement will cause a riot. Redefines "riot" as involving ten or more persons (three in current law). Prohibits the transfer or exhibition of obscene material to a minor or to any person where there is no opportunity to avoid such exposure. Makes a person guilty of the offense of "environmental pollution" for violating specified provisions of the Federal Water Pollution Control Act, the Clean Air Act, the Noise Control Act, and the Solid Waste Disposal Act. Repeals: (1) the Logan Act (which prohibits private communication with a foreign government with intent to influence foreign policy); (2) the Smith Act (which prohibits advocating the overthrow of the government); (3) the Mann Act (which prohibits the transportation of women in commerce for immoral purposes); and (4) the prohibition against making false reports with intent to interfere with the operation of U.S. military or naval forces. Subtitle III: Sentencing and Corrections - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to: (1) a term of conditional discharge or probation; (2) a fine; or (3) a term of imprisonment. Permits an organization to be sentenced to: (1) a term of conditional discharge; or (2) a fine. Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to (A) assure that the severity of the sentence is related to the culpability of the offender and the harm done, (B) assure that similarly placed offenders receive similar sentences, (C) promote respect for the law, (D) deter criminal conduct, (E) protect the public, (F) provide the defendant with needed training; (G) provide restitution to victims, and (H) reconcile the victim, community, and offender; (3) the kinds of sentences available; and (4) the applicable sentencing guidelines prescribed by the Judicial Conference of the United States. Requires the court to impose a sentence consistent with the guidelines set forth by the Judicial Conference unless the court finds that an aggravating or mitigating circumstance should result in another sentence. Requires the court to state on the record the reasons for imposing a particular sentence, or the specific reasons for imposing a sentence different from that provided for in the guidelines. Requires a presentence hearing to determine any unresolved issue of fact that is essential to the sentencing decision. Allows a defendant who is found guilty of an offense to be sentenced to conditional discharge, unless the offense is a class A felony or the defendant is sentenced at the time to probation or imprisonment. Specifies the considerations of the court in imposing such sentence and conditions which may be attached to such sentence. Authorizes imposition of a term of probation with respect to all but class A felonies, or where the defendant is sentenced at the same time to conditional discharge or imprisonment. Lists permissible terms of probation for each category of offenses. Requires as mandatory conditions of probation that a defendant not commit another crime and make restitution when practical. Enumerates 18 discretionary conditions of probation. Allows a defendant who is found guilty of an offense to be sentenced to make restitution to the victim, unless the offense violates the provisions relating to investment, monetary, and antitrust offenses or the crime of "fraud in a regulated industry." Directs the court not to impose a sentence of restitution if it will unduly complicate or prolong the sentencing process. Sets forth provisions relating to authorized payments for types of offenses, considerations in imposing such a sentence, conditions of such a sentence, restitution imposed upon an organization, and enforcement. Requires, when a defendant is alleged to have violated a condition of a sentence of conditional discharge, probation, or restitution that the appropriate court hold a preliminary hearing to find probable cause if such violation has occurred. Sets forth the powers of the court upon a finding. Requires a revocation hearing to be held within 60 days of any such finding. Sets forth the powers of the court upon a determination by the preponderance of the evidence that the defendant has violated any such sentence. Sets limits on the amount of a fine for each category of offenses, including higher maximums for organizational than for individual defendants. Sets forth provisions relating to considerations in imposing such a sentence, conditions of such a sentence, payment of fines by organizations, modification or remission, and enforcement. Sets maximum terms of imprisonment for five classes of felonies (A to E), and three classes of misdemeanors (A to C). Prohibits the court from considering the defendant's need for correctional treatment as a justification for imposing a term of imprisonment or in determining the length of a term of imprisonment. Prescribes guidelines relative to the modification of a term and the running of concurrent and consecutive terms of imprisonment. Authorizes the court to designate a defendant under the age of 21 years a youthful offender upon a finding that such defendant will benefit from placement in a separate facility of institution pursuant to this Act. Retains the Bureau of Prisons within the Department of Justice and outlines its organization and responsibilities. Retains the National Institute of Corrections in the Bureau and the Advisory Corrections Council. Continues the Federal Prison Industries. Allows a defendant to: (1) appeal any sentence on the ground that it is not authorized by law; (2) appeal any sentence other than one imposed for an infraction on the ground that such sentence is based on an inapplicable sentencing guideline, exceeds the maximum prescribed by the guideline and is unreasonable, or is a sentence for which no guideline has been prescribed and is unreasonable; or (3) petition for leave to appeal a felony sentence within the guideline on the ground that it is unreasonable. Authorizes the court of appeals to resentence the defendant or remand for resentencing upon specified determinations, but stipulates that a new sentence shall not be more severe that the sentence appealed. Directs the Judicial Conference of the United States to prescribe guidelines for use by a sentencing court. Requires that the guidelines: (1) be based on categories of offenders derived from relevant history and characteristics of defendants sentenced in Federal court and categories of offenses derived from the nature and circumstances or the offenses for which such defendants are convicted; and (2) be reported to Congress by May 1st of the year they are to become effective and take effect 180 days later, subject to congressional action. Establishes within the Judicial Conference a seven-member Committee on Sentencing to collect information and recommend sentencing guidelines and standards with respect to plea bargaining and the designation of youthful offenders. Requires that the Committee membership: (1) consist of four judges and three persons who are not judges; and (2) reflect a variety of backgrounds and participation and interest in the Federal criminal justice system. Sets forth rules regarding supervision of probation, the appointment and duties of probation officers, transportation of a probationer, transfer of jurisdiction over a probationer, and the arrest and return of a probationer. Carries forward, generally unchanged, current law relating to parole. Makes a prisoner eligible for release after serving one-half of a term of imprisonment over one year (currently one-third), or after serving ten years of a life sentence or sentence over 20 years (currently 30 years). Includes among the items to be considered by the Parole Commission in making a parole release determination: (1) the specific reasons for the sentence imposed; and (2) any transcript of the district court proceedings that are relevant to sentencing. Subtitle IV: Administration and Procedure - Restates the procedural requirement for the appointment of counsel in criminal cases. Retains the current compensation rates for such services. Adds to the existing circumstances under which a district court must furnish representation for persons financially unable to obtain adequate representation: (1) modification of the term or conditions of sentence of conditional release or probation; and (2) the preliminary and revocation hearing with respect to alleged violations of a sentence of conditional discharge, probation, or parole. Carries forward current law regarding an appeal by the United States in a criminal case to a court of appeals. Continues the existing authority of the Supreme Court to prescribe rules and procedures in criminal cases (retains the current period of 90 days for congressional review). Leaves current law generally unchanged with respect to the following arrest, law enforcement, and other preliminary matters: (1) indictment and list of jurors and witnesses for prisoner in capital cases; (2) demands for production of statements and reports of witnesses; (3) power of courts and magistrates; (4) extraterritorial jurisdiction; (5) security of the peace and good behavior; (6) warrant for removal; (7) powers of the Federal Bureau of Investigation; (8) powers of marshals and deputies; (9) powers of certain officers relating to offenses involving animals and birds; (10) powers of the Secret Service; (11) bankruptcy investigationss; (12) interned belligerent nationals; (13) rewards and appropriations; (14) powers of postal personnel; (15) preliminary examinations; and (16) surrender of youthful offenders to State authorities. Carries forward current law regarding extradition and the transfer of offenders to and from foreign countries. Enacts into law the Interstate Agreement on Detainers. Retains current law regarding the immunity of witnesses and jurisdiction and venue. Leaves generally unchanged current law regarding juvenile delinquency. Requires that a juvenile charged with committing an offense who is not surrendered to State authorities be proceeded against pursuant to the juvenile delinquency procedures unless the court determines that the juvenile shall be treated as a adult because the immaturity bar to prosecution does not apply. Requires the court in determining whether a juvenile shall be treated as an adult to consider whether juvenile disposition will reflect the seriousness of the juvenile's conduct, promote respect for the law, and provide a just response to the conduct of the juvenile. Revises the procedures to be followed by Federal courts with respect to an offender suffering from mental incompetence. Directs the court to order a screening examination whenever there is reasonable cause to believe that the defendant lacks competence, but allows a defendant to request a hearing based on the report of a qualified mental health examiner after a more thorough examination. Specifies material to be included in such report. Directs the court, after determining at such hearing that the defendant is not competent, to hold a subsequent hearing to determine: (1) whether there is substantial probability that the defendant can be restored to competence with a certain maximum period; and (2) if so, the appropriate treatment. Directs the court to release a defendant of all charges (except class A or B felonies) if: (1) the defendant does not request an opportunity to be restored; (2) there is no substantial probability that the defendant can be restored, or if the defendant has received a certain period of treatment (current law does not provide for the screening examination or subsequent hearing). Directs the Secretary of Health, Education, and Welfare to prescribe rules with respect to the use of psychosurgery, electric shock treatment, and protracted use of psychotropic drugs on mentally incompetent defendants. Requires that such rules: (1) entitle the person treated to accept, refuse, or revoke an acceptance of, proposed treatment; and (2) require informed consent in accordance with specified guidelines. Amends the Federal Rules of Criminal Procedure to permit a defendant to be found not guilty by reason of insanity. Directs a court which determines that there is probable cause to believe that a person who is found: (1) not guilty by reason of insanity; (2) incompetent with no substantial probability of improvement; or (3) incompetent and has not recovered after the end of the maximum period, presently suffers from a mental disease or defect as a result of which such person's release would create a substantial likelihood of serious injury to the person or property of another, to deliver such person to State authorities for possible civil commitment. Requires a hearing on the mental condition of a defendant serving a sentence of imprisonment who objects to being transferred to a facility for care or treatment. Carries forward certain provisions of current law regarding the release of offenders. Restates certain search warrant provisions in current law. Prohibits any Federal agency from installing or using a "pen register" (a mechanical device which records the numbers dialed on a telephone line to which it is attached) without first obtaining a court order pursuant to specified procedures. Allows a law enforcement officer specially designated by the Attorney General to install and use a pen register without a court order if an emergency situation exists with respect to life threatening criminal activities and grounds exist for the authorization of such use. Carries forward current law regarding special grand juries (leaving unchanged the reporting requirements). Restates certain provisions of current law regarding speedy trial (as amended by the Speedy Trial Act Amendments of 1979, Public Law 96-43). Deletes certain provisions relating to district court plans for the disposition of criminal cases. Retains current provisions regarding the exercise of criminal jurisdiction by United States magistrates (as amended by Public Law 96-82). Restates current law regarding witnesses and evidence. Subtitle V: Ancillary Civil Proceedings - Reenacts the current civil remedies provisions dealing with restraint of racketeering, as provided in title IX of the Organized Crime Control Act of 1970. Prohibits a person acting under color of Federal law from imposing on a person any civil disability primarily because of such person's conviction of a Federal offense, with specified exceptions. Prohibits a Federal, State, or local government agency from denying a person employment primarily because of such person's conviction of a Federal offense, with specified exceptions. Authorizes the court in which a person is convicted or an offense (other than a class A felony) to issue an order, upon application of such person, providing relief from certain collateral results of such offense under specified circumstances. Restates generally the current provision authorizing a civil action against an eavesdropping offender. Title II: Reenactment of Portions of Title 18, Amendments to Laws Outside of Title 18, and Technical and Conforming Provisions - Provides that this title is "to be supplied." Title III: Effective Date - Makes this Act effective on January 1, 1983, and applies its provisions to conduct occurring on and after such date.
United States · United States Congress · 20 December 1979
Provides for an exemption from the windfall profits tax for independent oil producers for an amount equal to 1,000 barrels of crude oil multiplied by the number of days in the taxable period.
United States · United States Congress · 13 December 1979
Amends the Internal Revenue Code to allow taxpayers an income tax credit for all ordinary and necessary expenses which such taxpayers incur in connection with an audit or a final judicial determination of their tax liability, if such audit or determination establishes that there is no tax deficiency. Disallows an income tax deduction for any audit expenses for which a credit is claimed under the provisions of this Act.
United States · United States Congress · 12 December 1979
Authorizes the President to impose higher or additional duties on the products of any country which is not cooperating with the United States in its diplomatic or economic initiatives to terminate the unlawful actions of other foreign governments regarding U.S. citizens assigned to a U.S. diplomatic mission.
United States · United States Congress · 11 December 1979
Amends the Internal Revenue Code to provide that interest earned on industrial development bonds the proceeds of which are used in a business carried on by a financially distressed person shall be excludable from gross income. Defines a "financially distressed person" as a business proprietor who is in financial difficulty and whose financial demise would have a seriously adverse effect on the economy of any State or the United States.
United States · United States Congress · 10 December 1979
Title I: Fish Restoration Program - Amends the Federal Aid in Sport Fish Restoration Act to: (1) define the term "coastal State" for the purposes of such Act; and (2) authorize appropriations in the amount equal to the revenue accruing from taxes relating to sport fishing equipment and certain recreational boats and boating equipment for fiscal year 1980 and each fiscal year thereafter. Title II: Fish Restoration Program - Increases the percentage of the annual appropriation deducted for administrative expenses. Sets forth the apportionment ratio for the Secretary of the Interior to use in distributing funds among the States under the fish restoration program. Authorizes the Secretary to expend unobligated funds to carry out the purposes of this Act. Eliminates the notification by a State of intent to accept such apportionment funds requirement. Authorizes the Secretary of the Interior to finance up to 75 percent of the costs of the acquisition of lands or interests therein and the construction of structures or facilities. Permits each State to utilize up to ten percent of its apportionment for an aquatic resource education program. Title III: Tax on Sale of Sport Fishing Equipment and certain Recreational Boats and Boating Equipment - Amends the Internal Revenue Code of 1954 to impose a tax on the sale by the manufacturer, producer, or importer of any article of sport fishing equipment, recreational boats, and boating equipment.
United States · United States Congress · 6 December 1979
Requests the Secretary of Agriculture, in cooperation with the Secretary of Health, Education, and Welfare, to develop a plan for local nutrition monitoring including: (1) the identification of priority target areas; (2) the development of a structure for monitoring specified regions; and (3) the choice of methodology and a timetable.
United States · United States Congress · 29 November 1979
Expresses the sense of Congress that the President should inform Iran that the United States will initiate military operations against Iran unless the hostages held in the U.S. Embassy in Tehran are released by a certain day. Declares that the President should order U.S. Armed Forces into areas adjacent to Iran for appropriate action.
United States · United States Congress · 13 November 1979
Expresses the sense of Congress that the President should terminate all military training of Iranian personnel pursuant to sales under the Arms Export Control Act.
United States · United States Congress · 9 November 1979
Sunset Review Act of 1979 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office, before the beginning of the 97th Congress, after consultation with the appropriate legislative committees, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires, after a determination that all programs and tax expenditures are accurately classified, that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Directs the General Accounting Office to maintain and publish a supplement to the inventory. Requires each legislative committee of the House of Representatives and the Senate, on or before March 1 in the first session of each Congress beginning with the 98th Congress, to develop, adopt, and submit to the House Committee on Rules and the Senate Committees on Rules and Administration an agenda for the sunset review of selected Federal programs within its jurisdiction or in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Requires the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for adoption. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report setting forth the committee's findings, recommendations, and justifications. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to give assistance to the appropriate Congressional committees. Specifies that nothing in this Act shall affect the authority of any legislative committee to review programs or tax expenditures within its jurisdiction and to report legislation modifying, continuing, or terminating such programs or expenditures at such times and in such manner as it deems appropriate. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 8 November 1979
Amends the Immigration and Nationality Act to include within the categories of deportable aliens foreign students: (1) who knowingly participated in a political demonstration resulting in, or intending to result in, injury or damage to another's person or property; or (2) whose government engages in or permits hostile actions against United States citizens or property, including the seizure of United States Embassy or Consulate buildings and the taking of hostages.
United States · United States Congress · 2 November 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Bryan Lewis Allen, the first aviator to cross the English Channel in a self-powered plane. Authorizes appropriations of up to $15,000 to strike such medal. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 17 October 1979
National Product Liability Act - Permits product liability actions, with specified exceptions, only during the period during which the defendant expressly warranted such product or whichever of the following periods first expires: (1) the earlier of any ten-year period beginning on the date of the first sale, lease, or delivery of possession of any product unit alleged to have harmed the plaintiff by any seller to any buyer or to any initial user or consumer; or (2) the period of limitation prescribed by State law. Specifies that a product liability action shall not be barred or limited by this Act if the action is: (1) for personal injury, death, or property damage claimed to have resulted from the defendant having either (a) breached an express contractual, statutory duty to take action for safety reasons regarding the product unit or (b) modified the product unit subsequent to the date of first sale, lease, or delivery of possession which introduced a hazard not previously existing; (2) brought against a seller who (a) owes any such duty or (b) makes, authorizes, or furnishes materials for the accomplishment of any such modification or (c) furnishes inadequate specifications, instructions, or warnings for the accomplishment of any such modification; and (3) commenced within which ever of the following first expires (a) the ten-year period beginning on the date such duty arose or such modification was made or (b) the period of limitation prescribed by State law. Sets forth standards for determining liability for product formula or design. Requires the plaintiff to prove by a preponderance of the evidence that such formula or design was the immediate, physical, and producing cause of the damage or injury and that an alternative formula or design, meeting specified requirements, was available at the time of manufacture and would have avoided or reduced the injury or damage. Declares that a defendant shall not be liable for that portion of the personal injury, death, or property damage which could have been reduced or avoided by additional safety or protective devices or substances, if the defendant proves specified conditions by a preponderance of the evidence. Declares that the defendant shall not be liable if the defendant proves by a preponderance of the evidence that the product formula or design complied with mandatory Federal standards or regulations applicable at the time of manufacture and directly pertained to the alleged hazard. Specifies that such standards shall not apply to product liability actions based upon breaches of express warranty, express contract, or implied warranty of fitness for a particular purpose. Sets forth standards of product liability for failure to specify, instruct, or warn of hazards. Requires the plaintiff to prove specified conditions by a preponderance of the evidence in such actions which vary depending on whether the defendant is a seller, a manufacturer or a party other than the manufacturer. Declares not liable a defendant who proves by a preponderance of the evidence that injury, death, or damage: (1) resulted from a modification made in the product by someone other than the defendant and other than in accordance with the defendant's express specifications or express consent; or (2) caused by specified forms of misuse of the product by any person other than the defendant. Sets forth conditions for strict liability of nonmanufacturing sellers. Requires the plaintiff to prove by a preponderance of the evidence that a nonmanufacturing seller: (1) exercised significant control over the product's characteristics, function, design, specifications, instructions, or warnings; or (2) had actual knowledge of the particular defect which caused the alleged injury or damage. Allows defendants to notify third persons answerable in product liability actions. Makes binding any such notice which states that third persons must come in and defend or be bound by determinations of fact in that suit in actions against them by the notifier. Permits nonmanufacturing sellers to joint as a third party defendant the manufacturer of the product claimed to have caused the injury who is or may be liable with or to the nonmanufacturing seller. Declares that this Act shall be construed as an Act of limitation.
United States · United States Congress · 16 October 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits to any individual for any month in which such individual is confined in a penal institution. Stipulates that benefits withheld from such individuals shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the same wages and self-employment income.
United States · United States Congress · 11 October 1979
Amends the Federal Trade Commission Act to repeal provisions of such Act which empower the Commission: (1) to collect information on the organization, operation, and business relationships of any entity, with specified exceptions, engaged in or whose business affects commerce; and (2) to issue orders requiring such an entity to furnish such information to the Commission.
United States · United States Congress · 26 September 1979
Motor Vehicle Regulatory Improvement Act of 1979 - Amends the Motor Vehicle Information and Cost Savings Act to: (1) establish average fuel economy standards for model years 1981, 1982, 1983, and 1984; (2) eliminate the authority of the Secretary of Transportation to prescribe or modify such standards; (3) eliminate the authority of the Administrator of the Environmental Protection Administration to prescribe rules for the calculation of average fuel economy; and (4) permit credits earned for exceeding the required fuel economy levels for any given model year to be used to offset any penalties such manufacturer may have incurred for the three consecutive model years prior to such year. Amends the National Traffic and Motor Vehicle Safety Act of 1966 to prohibit the Secretary of Transportation from requiring that any passenger car be equipped with any automatic device or mechanism which enables such car to meet any frontal crash protection requirements prescribed by the Secretary. Amends the Clean Air Act to modify emission standards for carbon monoxide, hydrocarbons and oxides of nitrogen from light-duty vehicles and engines manufactured after model year 1979. Establishes a national primary ambient air quality standard with respect to ozone. Permits the Administrator to submit to Congress for approval by June 30, 1985 a proposed national primary ambient air quality standard to take effect on September 30, 1987.
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 · 11 September 1979
Constitutional Amendment - Limits the increase of total budget outlays of the United States Government during any fiscal year to a percentage equal to the percentage increase in the gross national product during the previous calendar year. Stipulates that if the inflation rate exceeds three percent annually the increase in total outlays shall be reduced by one-fourth the difference between the inflation rate and three percent. Requires any surplus in total revenues received by the Government to be used to reduce the public debt. Allows the limit on total outlays to be changed by a three-quarters vote of both Houses of Congress, or to meet an emergency declared by the President. Continues Federal aid programs to States and local governments for a period of six years. Prohibits Congress authorizing any United States agency from requiring that a State or local government engage in additional or expanded activities without compensation equal to the additional costs.
United States · United States Congress · 10 September 1979
Federal Firearms Law Reform Act of 1979 - Title I: Amendments to Gun Control Act - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition and persons engaged in the business of repairing firearms. Adds a new definition, "engaged in the business", with respect to manufacturers, dealers, and importers. Includes as a manufacturer of ammunition a person whose gross sales of his own ammunition exceed $1,000 in any calendar year. Includes as a dealer in firearms a person who deals in firearms as a regular course of business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms. Replaces the current term "crime punishable by imprisonment for a term exceeding one year" with a new definition of "disabling crime." Eliminates certain activities regarding ammunition from the coverage of the current prohibitions. Revises current provisions respecting the interstate sale or transfer of firearms. Revises the current prohibition against selling a firearm or ammunition to certain persons (such as persons under indictment for a felony or addicted to drugs) to apply such prohibition only to persons convicted of a disabling crime. Revises the current prohibition against certain persons transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition; (2) conform such prohibition to the new "disabling crime" provision; and (3) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Makes the same changes to the current prohibition against certain persons who receive a firearm or ammunition which has been transported in interstate commerce, but applies such prohibition to persons who are employed by specified individuals. Excludes ammunition dealers from the current licensing requirements. Stipulates that the Secretary of the Treasury may revoke a license only where the holder of such license has "knowingly" violated a provision of the Act or regulation. Bars the Secretary from denying or revoking a license on the basis of violations under this Act which are alleged in criminal proceedings instituted against a licensee, but for which such individual has not been convicted. Imposes as a condition for the inspection or examination of records, documents, and any firearm or ammunition kept by an importer, manufacturer, or dealer pursuant to this Act that the Secretary has reasonable grounds to believe that a violation has occurred and that evidence may be found on the premises of such persons. Restricts the firearm information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Stipulates that the general penalty under this Act shall apply to whoever "willfully" violates any provision. Prohibits, with respect to a person's second or subsequent conviction for illegally using or carrying a firearm during the commission of a felony, the granting of parole before completion of the minimum sentence. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Requires a court to award attorney's fees to the prevailing party (other than the United States) in an action or proceeding for the return of seized firearms or ammunition. Allows the court to award such fees in any other action upon a finding that the action was initiated in bad faith. Amends the rulemaking authority of the Secretary to provide that no regulation may require (1) the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or (2) the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Allows one House of Congress to disapprove by resolution any firearms regulation within 90 days of continuous session of the promulgation of such rule. Set forth procedures for such resolutions. Prohibits the Secretary from prescribing any rules identical to regulations disapproved by Congress without the enactment of additional legislation respecting his authority. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Makes any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to title VII of the Omnibus Crime Control and Safe Streets 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).
United States · United States Congress · 2 August 1979
Amends the Motor Vehicle Information and Cost Savings Act to stipulate that an automobile manufacturer's failure to comply with any average fuel economy standard shall not be deemed "unlawful conduct" under such Act unless the Secretary of Transportation has determined that: (1) any credits which the manufacturer may have received for exceeding such standards in any model year do not fully offset any penalty for failure to achieve such standards; and (2) the time for which such credits could be earned to offset such a penalty has expired. Allows such a credit to be used to offset any penalty which may have been assessed against the manufacturer in the three consecutive years prior to the model year in which the manufacturer exceeds such a standard.
![Official portrait of Rep. Sawyer, Harold S. [R-MI-5]](https://www.congress.gov/img/member/s000087_200.jpg)