United States · United States Congress · 2 October 1980
Alaska Lands Amendments Act - Title I: Findings and Purposes - Declares it the purpose of this Act to amend the provisions of the Alaska National Interest Lands Conservation Act so as: (1) to preserve the geological, scientific, wilderness, cultural, recreational, and wildlife values of remaining Federal lands in Alaska; and (2) to provide authorities and guidelines for the administration of the provisions of the Alaska National Interest Lands Conservation Act. Title II - Amends the Alaska National Interest Lands Conservation Act to increase the acreage of: (1) West Chichagof-Yakobi Wilderness; (2) Misty Fjords National Monument Wilderness; (3) Russel Fjord Wilderness; (4) Renali Wilderness; (5) Gates of the Artic Wilderness; (6) Glacier Bay Wilderness; (7) Katmai Wilderness; (8) Artic Wildlife Refuge Wilderness; (9) Koyukak Wilderness; (10) Yukon Wilderness; (11) Yukon Flats National Wildlife Refuge; and (12) Artic National Wildlife Refuge. Decreases the acreage of: (1) Wrangell-Saint Elicis Wilderness; (2) Wrangell-Saint Elias National Park; and (3) Lake Clark National Preserve. Increases the acreage of Wrangell-Saint Elias National Preserve and Lake Clark National Preserve. Establishes: (1) Yukon Charley Wilderness; (2) Devilnaw Wilderness; (3) Copper River Wilderness; (4) Copper River National Wildlife Refuge; and (5) Tetlin Wilderness. Establishes the Teshekpuk National Wildlife Refuge and the Utukok National Wildlife Refuge with a program for the issuance of exploration permits and lease sales. Increases the acreage of Wild and Scenic River Corridors and designates portions of the Yukon (Ramparts section) as a scenic river area. Designates certain planning areas within the Tongass National Forest. Provides that no timber within designated planning areas be sold except pursuant to the Tongass land management plan. Provides that all National Forest System lands in specified planning areas be withdrawn from location, entry, and patent under the mining laws, subject to valid existing rights. Requires the Secretary of Agriculutre to report to Congress findings as to whether specified planning areas should be: (A) designated a wilderness; (B) continued in planning status; or (C) made available for multiple uses. Exempts specified planning areas from the second roadless area review and evaluation. Provides that funds necessary to maintain the timber supply from the Tongass National Forest shall be drawn from the total sums collected as receipts from oil, gas, timber and coal which are deposited in the Treasury and credited as miscellaneous receipts. Requires the Secretary of Agriculture to designate alternative lands of equal or greater timber value other than within Admiralty Island and Misty Fjords National Monuments in the satisfaction of the rights of the Natives of Sitka. Requires the Secretary of Agriculture to permit limited development within Misty Fjords National Monument to the extent U.S. Borax and Chemical is presently entitled. Provides that Monument McKinley shall retain its name. Removes Stiese National Conservation Area from coverage of the Act. Places certain restrictions on state selections and conveyances. Sets forth procedures for the conveyance of public lands to certain Village Corporations and Regional Corporations. Permits local residents and others aggrieved by a failure of the State or Federal government to provide for the priority for subsistence uses to file a civil action in the Federal Court for the District of Alaska. Provides that nothing in the Act shall preclude the renewal or continuation of valid leases or permits for cabins, homesites or similar structures. Extends the length of time required for the Secretary to complete certain studies and reports to the Congress. Provides that the executive may not withdraw more than 5,000 acres without the approval of the Congress by joint resolution within one year of notice of such withdrawal. Requires the Secretary to establish an oil and gas leasing program on public lands not included in the Federal North Slope Oil and Gas leasing program or the National Petroleum Reserve-Alaska unless prohibited by applicable law. Permits the Secretary to refuse to renew a permit for an existing cabin if the Secretary determines that such renewal would not be in the public interest. Prohibits any fees from being charged for entrance or admission to any unit of the National Park System located in Alaska. Makes additional technical, conforming and perfecting amendments.
United States · United States Congress · 19 September 1980
Honors Raoul Wallenberg for his work in Hungary during World War II. Expresses the sense of Congress that the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case. Requests the State Department to discover the whereabouts of Raoul Wallenberg from the Soviet Union and secure his return to Sweden.
United States · United States Congress · 10 September 1980
Designates the Smithsonian Institution's National Collection of Fine Arts as the National Museum of American Art and the Museum of History and Technology as the National Museum of American History.
United States · United States Congress · 4 September 1980
Establishes the United States Holocaust Memorial Council which shall: (1) provide and encourage appropriate ways for the Nation to observe the Days of Remembrance to commemorate the holocaust; (2) plan, erect, and oversee the operation of a memorial museum to the victims of the holocaust; and (3) develop a plan for carrying out the recommendations of the report submitted to the President on September 27, 1979, by the President's Commission on the Holocaust. Authorizes the Council to receive public land in the District of Columbia on which it may erect the memorial. Terminates the Council's authority to construct a memorial if the erection of the memorial has not commenced within five years of enactment of this Act and sufficient funds to ensure completion of the memorial have not been certified to be available. Authorizes appropriations to carry out this Act.
United States · United States Congress · 25 August 1980
Amends the Comprehensive Employment and Training Act to direct the Secretary of Labor to designate the Job Corps facilities located in Union and Muhlenburg Counties, Kentucky, as the Earle C. Clements Job Corps Center.
United States · United States Congress · 21 August 1980
Expresses the sense of Congress that the President should convey congressional concern about the deprivation of the rights of Christians by the Soviet Union, particularly the Pentecostals living in the U.S. Embassy in Moscow. Directs the President to report to Congress on the prospects for religious freedom in the Soviet Union.
United States · United States Congress · 31 July 1980
Expresses the sense of Congress that the President should convey congressional concern about the deprivation of the rights of Protestant Christians by the Soviet Union, particularly the Pentecostals living in the U.S. Embassy in Moscow. Directs the President to report to Congress on the prospects for religious freedom in the Soviet Union.
United States · United States Congress · 28 July 1980
Reaffirms congressional support for full implementation of the Helsinki Final Act. Expresses the sense of Congress that human rights concerns should be given serious attention at the Madrid meeting to review such Act. Declares that any new measures should be balanced among all sections of the Final Act. Directs the U.S. delegation to seek another review meeting within two years.
United States · United States Congress · 2 July 1980
Amends part B (Supplementary Medical Insurance Benefits for the Aged and the Disabled) of title XVIII (Medicare) of the Social Security Act to make such benefits available for health services and medical supplies furnished by hospices to individuals who: (1) are determined by a physician to be terminally ill and to have less than six months to live; and (2) are U.S. citizens or legal aliens who have resided in the United States for the preceding five years.
United States · United States Congress · 1 July 1980
Amends the Atomic Energy Act of 1954 to require an electric utility licensed under the Act to obtain insurance to cover excess energy costs incurred when substitute electric energy is sold to consumers to replace nuclear energy which is unavailable to such utility because of a nuclear incident resulting in the shutdown of a commercial nuclear powerplant owned or operated by such utility. Directs the Nuclear Regulatory Commission to require each licensed electric utility to participate in an industry retrospective rating plan. Sets forth the terms of such plan. Directs the Commission to enter into an agreement with each electric utility required to have insurance to pay to such utility the amount by which the excess energy costs associated with a nuclear incident exceed the insurance coverage of such utility. Requires an electric utility which suspends or terminates nuclear energy generation following a nuclear incident to calculate for each billing period its excess energy costs. Prohibits electric utilities which sell electric energy to consumers from receiving from such consumers any portion of the excess energy costs of providing substitute electric energy.
United States · United States Congress · 27 June 1980
Amends the Employee Retirement Income Security Act of 1974 to postpone for one month (from July 1, 1980 to August 1, 1980) the date on which the Pension Benefit Guaranty Corporation must pay benefits under terminated multiemployer plans (i.e., prohibits the Corporation from making such payments to multiemployer pension plans which terminate before August 1, 1980, except in specified cases for which the Corporation is authorized to make such payments).
United States · United States Congress · 24 June 1980
Amends the Internal Revenue Code to allow a refundable income tax credit for electric utility fuel surcharges incurred by a taxpayer in connection with a trade or business or for electricity used in such taxpayer's principal residence resulting from a shutdown of nuclear power generating facilities.
United States · United States Congress · 18 June 1980
Amends the National Labor Relations Act to specify that no faculty member or group of faculty members in any educational institution shall be deemed to be managerial or supervisory employees solely because the faculty member or group of faculty members participate in decisions with respect to courses, curriculum, personnel, or other matters of educational policy.
United States · United States Congress · 5 June 1980
Labor Statistic Respondent Privacy Protection Act of 1980 - Prohibits any employee of the Bureau of Labor Statistics from disclosing data requested under a pledge of confidentiality in connection with a statistical program which could reasonably be uniquely associated with the identity of any individual or establishment to which the data pertains, in accordance with regulations prescribed by the Commissioner. Prohibits such data from being used to determine any right, privilege, benefit, or penalty, or to facilitate any investigation of an individual or establishment. Makes these provisions inapplicable to the use or disclosure by a State agency of data collected in accordance with a cooperative statistical program conducted jointly by the State and the Bureau. Authorizes the Commissioner of the Bureau to transfer data collected under a pledge of confidentiality to another Federal agency for statistical purposes only, in which event the protections of this Act shall continue in effect. Authorizes the Commissioner to set forth regulations establishing exceptions to the protections of this Act if the respondents are informed of the use or disclosure at the time the data is requested and a compelling public interest exists. Permits a respondent to waive the provisions of this Act in accordance with regulations of the Commissioner. Permits the Commissioner to make such waivers with respect to data collected at least 72 years prior to such waiver. Exempts from disclosure under any Federal, State, or local law (including the Freedom of Information and Privacy Acts) and immunizes from legal process: (1) submissions exempt from disclosure under this Act; and (2) all data in the possession of any Federal, State, or local agency derived from data submitted to the Bureau under a pledge of confidentiality which could reasonably be uniquely associated with the identity of any individual or establishment. Subjects violators of this Act to a civil fine and/or debarment from participation in any statistical grant or contract with the Department of Labor.
United States · United States Congress · 4 June 1980
Authorizes the President to present a gold-plated medal, on behalf of the Congress, to those athletes selected through the Olympic trial process to be members of the United States Summer Olympic Team of 1980. Directs the Secretary of the Treasury to cause to be stricken 650 such medals with suitable emblems. Declares that such medals are national medals and that funds to carry out this Act shall be made available under the Amateur Sports Act of 1978.
United States · United States Congress · 29 May 1980
Extends the congratulations of the House of Representatives to members of the 1980 handicapped Olympic team and recognizes specified organizations for their efforts in producing the second winter Olympics for the physically handicapped.
United States · United States Congress · 20 May 1980
Amends the National Labor Relations Act to exclude persons in the relation of a leader, contractor, recording artist, purchaser of entertainment or music, booking agent or talent agency, promoter, producer, or persons similarly engaged or involved in an integrated production or performance of any kind in the entertainment industry, from coverage under unfair labor practice provisions prohibiting: (1) contracts or agreements between labor organizations and employers whereby an employer ceases or refrains from dealing with other employers or other persons; and (2) specified actions by labor organizations to force or require (a) employers or self-employed persons to make such contracts or agreements or to join any labor or employer organization or (b) any person to cease specified dealings with others or to force or require any other employer to recognize or bargain with a labor organization not certified as representative.
United States · United States Congress · 20 May 1980
Amends the National Labor Relations Act to declare that it shall not be an unfair labor practice for an employer (other than an employer in the broadcasting or motion picture industries) engaged primarily in the performing arts to make an agreement covering employees engaged or to be engaged in the performing arts with a labor organization of which performing artists are members (not established, maintained, or assisted by specified actions defined as an unfair labor practice) because: (1) the majority status of such labor organization has not been established prior to the making of such agreement; or (2) such agreement requires as a condition of employment membership in such labor organization after a specified period. Specifies that such exemption shall not set aside certain provisions under which an employer may not discriminate against an employee for non-membership in a labor organization if such membership was not available under generally applicable terms and conditions or was denied or terminated for reasons other than failure to pay uniformly required periodic dues or initiation fees. Provides that any agreement which would be invalid but for such exemption from the majority status requirement shall not be a bar to specified petitions. Includes for purposes of such Act under the definition of: (1) "employer," any person who is the purchaser of musical performance services regardless of whether the performer of such services is, himself, an independent contractor, employer, or employee of another employer; and (2) "employee," any individual having the status of an independent contractor who is engaged to perform musical services.
United States · United States Congress · 14 May 1980
Authorizes and requests the President to designate the seven-day period beginning October 5, 1980, as "National Port Week." Directs the Secretary of Commerce to report annually to Congress on the conditions of U.S. public ports.
United States · United States Congress · 8 May 1980
Amends the Communications Act of 1934 to require the Federal Communications Commission to distribute licenses for very high frequency commercial television broadcasting stations to ensure that each State will have at least one such station.
United States · United States Congress · 7 May 1980
Year-End Spending Control Act - Requires the Director of the Office of Management and Budget to apportion appropriations to Federal agencies in a manner which insures that no more than 20 percent of the total appropriations available to an agency in a fiscal year may be obligated during the last two months of that year. Authorizes the Director to waive such a spending limitation upon determining that it would seriously disrupt an agency program or operation, if the Director reports on such waiver to Congress before the agency violates such limitation. Requires the Director to report to Congress concerning: (1) the implementation of this Act; (2) violations of spending limitations; (3) the results and impacts of this Act including the effects upon procurement and apportionment processes; and (4) recommendations on continuing the spending limitations. Exempts reserves established to comply with a spending limitation under this Act from reporting requirements of the Impoundment Control Act of 1974. Directs an agency to consider an employee's compliance with agency rules and procedures applicable to year-end expenditure practices when: (1) evaluating the performance of a member of the Senior Executive Service; and (2) determining any pay increase for a supervisor or manager under the merit pay system.
United States · United States Congress · 28 April 1980
Expresses the condolences of the Congress over the death of members and officials of the United States Amateur Athletic Union boxing team in a plane crash in Warsaw, Poland.
United States · United States Congress · 24 April 1980
Arts and Humanities Act of 1980 - Title I: Amendments to National Foundation on the Arts and the Humanities Act of 1965 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to authorize the Chairman of the National Endowment for the Arts to establish and carry out a program of loans to groups or individuals for projects and productions of substantial artistic and cultural significance. Includes cultural diversity as a factor to be considered by the Chairman in making grants or loans under such Act. Limits the amount of funding the Chairman may allot to certain jurisdictions, other than States which have a population of less than 200,000. Permits the Chairman to enter into interagency agreements on a reimbursable or nonreimbursable basis to promote or assist with the arts-related activities of other Federal agencies. Permits the use of program funds for such purpose. Authorizes the Chairman to establish and carry out a program of contracts with, or grants-in-aid to, public agencies and private nonprofit organizations on a national, State, or local level to assist cultural organizations and institutions and provide additional support for cooperative efforts undertaken by State art agencies and local art groups to promote effective arts activity at the State and local level. Eliminates financial assistance to State agencies for photography and film projects. Eliminates the requirement of Senate advice and consent for the appointment of the members of the National Council on the Arts. Makes available to the Chairman of the National Endowment for the Humanities specified percentages of excess funds from the grants-in-aid programs to be allotted among specified grant recipients. Limits the amount of funding such Chairman may allot to certain jurisdictions, other than States, which have a population of less than 200,000. Permits such Chairman to enter into interagency agreements on a reimbursable or nonreimbursable basis to promote or assist with the humanities-related activities of other Federal agencies. Permits the use of program funds for such purpose. Eliminates the requirement of Senate advice and consent for the appointment of the members of the National Council on the Humanities. Permits such Chairman to unilaterally approve or disapprove any application for $30,000 or less, subject to Council delegation and review. Directs the Federal Council on the Arts and the Humanities to undertake studies and make reports which address the state of the arts and humanities, particularly with respect to their economic needs and problems. Directs the Council to report to Congress on the state of employment opportunities for professional artists, including the effectiveness of existing Federal programs and the need for new programs. Directs the Council to report to Congress on the effectiveness and feasibility of expanding the indemnity program created by the Arts and Artifacts Indemnity Act. Directs the Chairmen of the National Endowments for the Arts and the Humanities to each conduct a study of and report to Congress on the use, sale, or other disposal of property to carry out the purposes of such Act, the effectiveness of such use, sale, or disposition as an incentive for increasing the levels of non-Federal support, and the extent to which such activities of each Chairman result in undue administrative and financial burdens upon grant recipients. Authorizes appropriations for the National Endowment for the Arts and for the Humanities for fiscal years 1981 through 1985. Sets forth a formula for determining the amount of such authorizations based upon the value of donated property and the total amounts received by grantees from non-Federal sources. Establishes authorization ceilings for fiscal year 1981. Directs the Chairmen of the Endowments to issue guidelines to implement the authorizations. Title II: Museum Services - Amends the Museum Services Act to authorize the Director of the Institute of Museum Services to enter into contracts and cooperative agreements with professional museum organizations to provide financial assistance to undertake projects designed to strengthen museum services. Limits such assistance for projects to a one-year period. Prohibits the use of such assistance for operational expenses. Limits the aggregate amount of financial assistance to such organizations. Requires the Director to establish procedures for reviewing and evaluating grants, contracts, and cooperative agreements. Authorizes appropriations for such assistance for fiscal years 1981 through 1985. Amends the Department of Education Organization Act to repeal the authority of the Secretary of Education to eliminate or restructure the Institute of Museum Services. Title III: Amendments to Arts and Artifacts Indemnity Act - Amends the Arts and Artifacts Indemnity Act to increase from $250,000,000 to $400,000,000 the aggregate amount covered under indemnity agreements. Increases the amounts deductible under such agreements if the estimated value of the covered items exceeds $2,000,000.
United States · United States Congress · 23 April 1980
Amends the Employee Retirement Income Security Act of 1974 to extend to June 1, 1980, the period during which the Pension Benefit Guaranty Corporation may pay benefits under terminated multiemployer plans under circumstances provided for in such Act.
United States · United States Congress · 16 April 1980
Calls upon the President to: (1) increase humanitarian assistance to East Timor; (2) encourage Indonesia to allow free emigration from East Timor; (3) establish a U.S. presence in East Timor; and (4) encourage Indonesia to withdraw its troops from East Timor and allow self-determination for the East Timorese.
United States · United States Congress · 15 April 1980
Expresses the sense of the House of Representatives that the Board of Governors of the Federal Reserve System should immediately take steps to reduce interest rates.
United States · United States Congress · 2 April 1980
Corporate Democracy Act of 1980 - Title I: Directors and Shareholders - Requires any corporation which under Title VII is subject to this Act to have a majority of independent directors on its board. Defines an "independent director" to exclude any person related to the corporation through an affiliate, a director, officer or managing agent, a law firm, a bank, or a supplier or customer. Prohibits any person from serving as a director or officer for more than two corporations subject to this Act. Specifies the duty of loyalty and care owed to such corporations by their directors. Requires each corporation subject to this Act to have a supervisory committee and a public policy committee, each composed of a majority of independent members. Sets forth provisions relating to the nomination and election of directors including: (1) requiring that the degree of support necessary for inclusion of a candidate on the ballot be determined by the Securities and Exchange Commission; (2) requiring that all nominees receive equal amounts of money and access to corporate resources in soliciting proxies; and (3) strictures against the classification and staggering of directors to undermine minority representation provided by cumulative voting. Entitles the shareholders to a vote on any disposition of more than five percent of the firm's assets or stock or any authorization of stock or securities. Title II: Corporate Disclosure - Requires each corporation subject to this Act to publish an annual report which contains specified information including the diversity of its employees, its compliance with environmental requirements, its largest shareholders, its operations and their location in the world, and its political activities. Directs that such reports be made available to the public upon request. Empowers the Securities and Exchange Commission to require further disclosure from such corporations. Title III: Employment Maintenance - Requires each corporation within the purview of this Act, which proposes to change operations in a manner which would disrupt the employment of more than 500 individuals, to give advance notice of the change to the Secretary of Labor. Directs the Secretary to conduct an investigation of the change upon request of a labor union representative or ten percent of the employees involved. Directs the Secretary to publish a report with recommendations for minimizing the economic and social dislocation resulting from the change. Requires such corporations to give specified assistance to employees and local governments affected by a change in operations. Authorizes Federal assistance for training programs and job placement services to assist affected employees. Authorizes the Secretary to provide loans, loan guarantees, and technical assistance to employee organizations for the purpose of expanding operations at an affected plant, acquiring the plant or another in the vicinity, or expanding or identifying new markets to present employment opportunities. Sets forth penalties and establishes an employees' right to equitable relief for failure to comply with the requirements of this title. Title IV: Rights of Employees - Amends the National Labor Relations Act to establish a right of employees to be free from discharge, adverse action, or discrimination with respect to their employment except for just cause. Stipulates that just cause does not include: (1) the employee's exercise of legal rights; (2) the refusal to engage in unlawful conduct; (3) the refusal to submit to a polygraph or similar test; or (4) the refusal to submit to a search, other than a routine inspection, without legal process. Title V: Criminal and Civil Sanctions - Directs a Federal district court to require a corporation which has pleaded guilty or nolo contendere to a violation of this Act to give notice thereof to shareholders and others injured by the violation. Requires the district courts to order restitution of persons injured by corporations found guilty. Imposes a sentence of up to twice the damage caused or gain derived from a violation of this Act. Empowers the courts to disqualify any director, officer, or managing agent of a corporation who is convicted of a violation of law arising out of such position for a period not to exceed the maximum sentence imposed for the violation. Authorizes the courts to appoint a Special Master to oversee corporate operations to assure compliance with Federal laws. Make directors, officers, and managing agents of corporations subject to this Act liable for omission to perform a duty imposed by Federal law and reckless failure to supervise conduct of a corporation. Imposes a duty on such individuals to report risks presented by the corporation's products or operations to Federal and State authorities. Title VII: Jurisdiction, Enforcement, and Right of Action - Makes this Act applicable to any manufacturing, mining, retailing, or utility corporation organized and doing business in the United States which has had, in any of the three years preceding the determination of jurisdiction, more than $250,000,000 in assets or annual sales, or more than 5,000 employees. Exempts from title I any corporation with fewer than 25 shareholders and any American subsidiary of a foreign corporation which is not listed on a domestic stock exchange. Increases the amounts which establish jurisdiction by ten percent each year. States that this Act shall take effect six months after its enactment and directs specified Federal agencies to promulgate implementing regulations by such date. Empowers any person aggrieved by a violation of this Act to commence a civil action in Federal court for damages or injunctive relief. Sets forth provisions governing a shareholder's right to a derivative suit. Permits any shareholder of a corporation subject to this Act to request an investigation of the corporation's compliance with this Act by the Securities and Exchange Commission. Empowers the Commission to utilize compulsory process in such investigations. Entitles any party with standing under this Act, other than the Government, to recovery of attorney's fees in certain circumstances. States that the rights and remedies provided by this Act are supplementary to others afforded by law.
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 · 4 March 1980
Amends the Federal criminal code to prohibit any Federal employee from making a contribution (as defined in the Federal Election Campaign Act) to any other Federal employee or to any Member of Congress, unless such contribution is voluntary. Stipulates that no contribution may be made to a Member of Congress or authorized political committee, where the person authorizing such committee is the employing authority of the person making the contribution.
United States · United States Congress · 27 February 1980
Amends the Federal criminal code to prohibit any person employed by Congress from making a political contribution, and a Member of Congress or their authorized political committee (as defined in the Federal Election Campaign Act) from accepting such a contribution, where such Member serves as the employing authority for such person.
United States · United States Congress · 22 February 1980
Authorizes the printing, as a House document, of "Federal Election Campaign Laws Relating to the United States House of Representatives." Authorizes the printing, in addition to the usual number of copies, of 20,000 copies of such document of which 5,000 shall be for the use of the Committee on House Administration and 15,000 for distribution to candidates for the House of Representatives and for political committees supporting them.
United States · United States Congress · 13 February 1980
Title I: Public Employee Retirement Income Security - Public Employee Retirement Income Security Act of 1980 - Establishes Federal disclosure requirements and fiduciary standards for certain State and local government retirement plans. Extends the requirements of this Act to all public employee pension plans except: (1) those covered and not exempted under the Employee Retirement Income Security Act (ERISA); (2) unfunded plans maintained by the employer primarily to provide deferred compensation for select management or highly compensated employees; (3) severance pay plans; (4) certain coverage agreements entered into under the Social Security Act; and (5) certain individual retirement accounts or annuities, annuity plans, State deferred compensation plans, and other plans under specified provisions of the Internal Revenue Code. Exempts a plan from the requirements of this Act if the Employee Benefit Administration (established under title II) determines that such plan is subject to State law which imposes substantially equivalent requirements. Requires that a summary plan description apprising participants and their beneficiaries of their rights and obligations be published with respect to each plan. Specifies the content of such description. Requires that a summary plan description be updated at least once every ten years. Requires that an annual report be published with respect to each plan, which includes an actuarial statement, a financial statement, and information on terminated vested participants. Directs the Employee Benefit Administration (EBA) to prescribe simplified annual reports for any plan covering less than 100 participants. Requires a plan to engage: (1) an independent qualified public accountant to audit the plan and offer an opinion as to whether the financial statements are presented fairly and in accordance with generally accepted accounting principles; and (2) an enrolled actuary to perform an actuarial valuation at least once every three years. Directs administrators of pension plans to provide the following information to participants and beneficiaries: (1) the summary plan description; (2) a summary description of any material modification in the terms of the plan; and (3) upon written request, a statement which indicates the total accumulated contributions, benefits, and vesting status of the participant. Directs such administrators to provide to any participant or beneficiary who requests withdrawal of contributions, payment of benefits, or a benefit election, a written explanation of the effects of such action on remaining plan benefits. Requires administrators to file the annual report and a copy of the summary plan description with the EBA. Authorizes the EBA to reject any filings and to take appropriate action if a satisfactory revised filing is not submitted within 45 days. Requires plans covered by this Act to establish a claims procedure which provides participants with a written explanation of benefit denials and a reasonable opportunity for full and fair review. Allows the EBA, in certain circumstances, to prescribe alternative methods of compliance and to exempt any plan or person from the requirements of this Act. Requires plans covered by this Act to provide for one or more fiduciaries and to include: (1) any funding policy which has been established; (2) procedures for amendment and for the allocation of responsibility for the plan's operation and administration; and (3) specification of the benefit provisions. States that all assets shall be held in trust by one or more trustees, with certain exceptions. Requires a fiduciary to discharge his or her duties for the exclusive purpose of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the plan, with the care, skill, prudence, and diligence that a prudent man would exercise in like circumstances. Directs a fiduciary to diversify the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. Sets forth the circumstances under which a fiduciary is liable for the breach of a co-fiduciary with respect to the same plan. Requires trustees holding assets of a plan to use reasonable care to prevent a co-trustee from committing a breach and to manage and control jointly the assets, unless allocation of responsibility is authorized by the trust agreement. Prohibits specified types of transactions between a plan and parties-in-interest. Limits acquisition by a plan of qualifying employer securities, loans, or real property to ten percent of the fair market value of the assets of the plan. Makes a fiduciary personally liable for the breach of any of the responsibilities, obligations, or duties imposed upon fiduciaries or co-fiduciaries by this Act. Prohibits persons who have been convicted of specified crimes from serving in certain capacities, including fiduciary and trustee, for specified periods. Sets forth bonding requirements for every fiduciary of a plan, with specified exceptions. Provides that no legislator or government official shall be a fiduciary or co-fiduciary with respect to actions taken in an official capacity. Establishes criminal penalties for willful violation of the reporting, disclosure, and bonding requirements. Includes violations of this Act within existing criminal statutes involving theft, false statements, and racketeering with respect to ERISA. Authorizes civil actions to be brought by specified persons to enjoin or redress violations, or otherwise enforce provisions of this Act. Provides that a plan administrator may be held personally liable for failure to comply with a request for information required under the Act. Grants to the Federal district courts exclusive jurisdiction of civil actions brought under this Act, but provides for concurrent jurisdiction of Federal and State courts with respect to certain actions. Permits attorney's fees to be awarded to a prevailing plaintiff or defendant under specified circumstances. Grants the EBA power to investigate violations of this Act. Prohibits persons from taking retaliatory action against any plan participant or beneficiary for exercising any right under this Act, or from interfering with or preventing the exercise of such rights. Amends the Social Security Act to require the Secretary of Health and Human Services to transmit to an individual, upon request, information which the EBA holds relating to his or her terminated vested benefits. Establishes an eleven-member Advisory Council on Governmental Plans, to be appointed by the President, to advise and make recommendations to the EBA with respect to its functions under this Act. Authorizes the EBA to undertake research and compile information relating to pension plans. Directs the EBA to: (1) report annually to Congress on the administration of this Act; and (2) publish at least annually specified information relating to pension plans. Provides that the fiduciary provisions of this Act preempt all State laws relating to the same subject matter. Provides that any pension plan or trust forming part of a plan which is subject to this Act shall be deemed to have met the requirements for a tax qualified plan or trust under the Internal Revenue Code. Title II: Employee Benefit Administration - Employee Benefit Administration Act of 1980 - Amends the Employee Retirement Income Security Act (ERISA) to direct the President to establish by the beginning of the third calendar year after enactment the Employee Benefit Administration as an independent agency within the executive branch, to be headed by a five member Board of Directors. Creates two new positions, entitled "special liaison officer to the Administration," one within the Department of Labor and one within the Department of the Treasury, to serve as directors. Provides that the remaining three directors shall be an Executive Director and two additional members appointed by the President. Transfers to the Administration the authority of the Secretary of Labor granted under ERISA, and functions of the Secretary of the Treasury relating to employee benefit plans. Directs the President to transfer to the Administration additional functions of any Federal agency which is necessary to effectuate the maximum feasible consolidation of administrative and related functions of the Government relating to employee benefit plans. Retains the Pension Benefit Guaranty Corporation within the Administration. Directs the EBA to: (1) promulgate regulations providing for the maximum consolidation of all reports respecting employee benefit plans and governmental plans required under ERISA and the Internal Revenue Code; and (2) develop recommendations for a uniform system of terminology relating to employee benefits.
United States · United States Congress · 13 February 1980
Authorizes and requests the President to issue a proclamation extending best wishes and expressing appreciation to Carl Vinson for his devotion to the United States.
![Official portrait of Rep. Thompson, Frank, Jr. [D-NJ-4]](https://www.congress.gov/img/member/t000200_200.jpg)