United States · United States Congress · 2 October 1980
Expresses the sense of the Congress that each department, agency, or instrumentality of the United States that utilizes the Draize rabbit eye irritancy test should develop and validate alternative testing procedures that do not require the use of animal test subjects.
United States · United States Congress · 25 September 1980
Deplores the recent curtailment of Jewish emigration from the Soviet Union. Urges executive branch officials to express U.S. opposition to such repression. Urges the President to instruct the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe to seek an explanation of Soviet emigration policies and protest violations of the family reunification provisions of the Helsinki Final Act.
United States · United States Congress · 20 August 1980
Expresses the sense of the Congress that aliens who engage in unlawful or disorderly activities in the United States should be promptly deported in accordance with provisions of the Immigration and Nationality Act.
United States · United States Congress · 20 August 1980
Declares that the people of Poland should be allowed to settle their own affairs, including the formation of independent trade unions and the right to strike, without foreign interference.
United States · United States Congress · 20 August 1980
Expresses the sense of Congress that: (1) the President should express to the Soviet Government U.S. concern for the fate of Raoul Wallenberg; and (2) the U.S. delegation to the Madrid meeting of the Conference on Security and Cooperation in Europe should urge the consideration of the Wallenberg case.
United States · United States Congress · 2 July 1980
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 1 July 1980
National Ground water Environmental Research Act of 1980 - Title I: Ground Water Research and Planning - Directs the President to establish a Commission on Ground Water Research to develop guidelines and coordinate research by the States on identification of major freshwater aquifers in the United States and the extent of ground water pollution. Directs the Commission to make grants to States to conduct the freshwater aquifer research program. Requires the Commission to develop a comprehensive research plan for the prevention of ground water pollution. Authorizes the Commission to provide Federal, State, and local governments with technical advice on the protection of ground water from pollution. Directs the Commission to submit to Congress an annual report with recommendations for legislation on the protection of ground water from pollution. Title II: Institute for Research on Drinking Water Technology - Establishes an Institute for Research on Drinking Water Technology to conduct research and development on purification of drinking water. Stipulates that the Institute shall not conduct research on the health effects of drinking water. Sets forth the authorities of the Institute. Establishes an initial board of directors composed of Federal, State, and local officials and private water supply utilities officials appointed by the President. Authorizes the Institute to: (1) make research and development grants to institutions of higher education; (2) work with other agencies, institutions, and States in carrying out its functions under this title; and (3) assess and collect voluntary contributions from participating water supply agencies. Prohibits the Institute from engaging in lobbying activities. Sets forth the criteria for the operation of the Institute, including: (1) a location at or near a related laboratory or university; (2) establishment of a program for visiting researchers, postdoctoral fellows, and other scholars; and (3) the requirement that the bulk of the Institute's programs be conducted directly by the Institute and not be contract. Directs the Institute to: (1) develop new drinking water treatment and monitoring technologies; (2) improve existing drinking water treatment and monitoring technologies; (3) cooperate with research programs conducted under Title I of this Act and by participating water supply agencies; (4) publish archival and review articles; and (5) publish an annual progress report. Directs the Institute to establish a technology transfer program with water supply agencies. Requires the Institute to publish the results of a formal evaluation of such program.
United States · United States Congress · 1 July 1980
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize a U.S. court to penalize an individual convicted of a felony by excluding any wages and self-employment income earned by such individual during the calendar year in which such conviction occurs or any prior year from the wages and income of such individual for purposes of determining the old age, survivors and disability insurance (OASDI) benefits payable to that individual. Declares that such a penalty shall cease to apply after such individual serves his or her sentence or is pardoned or paroled. Authorizes the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to certify directly to the administrator of a penal, correctional, or psychiatric institution the payments of OASDI benefits payable to any inmate who has been convicted of a felony or found not guilty of a felony by reason of insanity, provided such institution has established a system for obtaining reimbursement from its inmates for maintenance, rehabilitation, or related expenses. Prohibits the payment of any disability insurance benefits to any individual convicted of a felony if the disabling injury occurred during the commission of the felony. Prohibits the payment of any survivors insurance benefits to any individual who was convicted of the felonious homicide of the person upon whose earnings such benefits are based. Declares that for the purpose of determining OASDI benefits an individual shall not qualify as a full-time student during a period exceeding four months in which the individual does not attend school if the individual is incarcerated after being convicted of a felony or found guilty of a felony by reason of insanity. States that benefits withheld from incarcerated individuals pursuant to this Act shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the wages and self-employment income of such individuals.
United States · United States Congress · 10 June 1980
Expresses the sense of the House of Representatives that neither the Secretary of Transportation nor the Administrator of the Federal Aviation Administration shall take any actions which would reduce public air service into Washington National Airport.
United States · United States Congress · 9 June 1980
Extends the congratulations of the Congress to the Order of the Sons of Italy in America for their 75th anniversary. Proclaims Sunday, June 22, 1980, as "National Italian-American Day."
United States · United States Congress · 29 May 1980
Extends the congratulations of the House of Representatives to members of the 1980 handicapped Olympic team and recognizes specified organizations for their efforts in producing the second winter Olympics for the physically handicapped.
United States · United States Congress · 15 May 1980
Law Enforcement Officers' Protection Act of 1980 - Directs the Secretary of the Treasury to: (1) conduct a study to determine the capacity of handgun bullets to penetrate bulletproof vests and the risk posed to law enforcement officers by the availability of handgun bullets; and (2) report the findings and legislative recommendations to the President and Congress within one year after funds are made available under this Act.
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 · 24 April 1980
Establishes a presumption of service-connected disability caused by exposure to a phenoxy herbicide (Agent Orange) for veterans who served in Southeast Asia during the Vietnam era. Waives the one-year limitation on claims for compensation for such disabilities.
United States · United States Congress · 21 April 1980
Environmental Research, Development, and Demonstration Authorization Act of 1981 - Authorizes appropriations to the Environmental Protection Agency (EPA) for environmental research, development, and demonstration activities for fiscal year 1981. Specifies amounts authorized for programs concerning air quality, water quality, water supply, pesticides, solid waste, toxic substances, radiation, energy, program management and support, and interdisciplinary activities. Authorizes the Administrator of the EPA to utilize such funds for appropriate scientific and professional review of research and development grant, contract, and cooperative agreement applications, when such use is in the public interest. Prohibits the transfer of funds, above a specified amount, without prior written approval by the appropriate Congressional committees or the lapse of 30 legislative days after the transmittal to the Speaker of the House of Representatives and to the President of the Senate of a written report containing a full and complete statement concerning the nature and reason of the transfer. Directs the Administrator to establish a separately identifiable long-term environmental research and development program to be funded by a percentage of funds appropriated under this Act. Authorizes funds for grants concerning long-term environmental research programs at universities and other research institutions. Authorizes funds to implement the air quality study authorized by the Clean Air Act Amendments of 1977. Directs the Administrator to conduct a study of the use of peer review in research planning, by means of a pilot project involving such review of documents from one or two areas of research at any appropriate time in the EPA planning cycle. Requires that peer review panels be selected by the principal EPA research official in accordance with criteria developed by the Scientific Advisory Board. Directs the Administrator to report on the results of such study to the Board and the Congress. Authorizes the Administrator to award an annual prize of $10,000 for a recognized, outstanding, environmentally-related research contribution, irrespective of research sponsorship. Directs the Board, in consultation with the National Research Council, to establish procedures and criteria for nomination for and award of such prize. Directs the Council to make an annual recommendation to the Administrator with regard to such award. Directs the principal EPA research official to commission annually several critical reviews of the scientific, technical, or engineering literature in various fields of importance to the EPA's mission, and to solicit advice from relevant non-Federal scientific and technical groups in arranging for such reviews. Directs the Board to establish and publish criteria relating to such reviews, for use by such official. Directs the Administrator to develop and promulgate simple procedures, including specified data quality assurance protocols, for assuring that EPA research programs produce data of verifiable accuracy. Requires that reports of such research work state plainly and prominently whether or not such work was performed and reported in accordance with such procedures. Directs the Scientific Advisory Board to provide such scientific advice as the Congress requests (in addition to providing such advice upon request to the Administrator).
United States · United States Congress · 21 April 1980
Atmospheric and Climate Authorization Act of 1981 - Authorizes appropriations to the National Oceanic and Atmospheric Administration of the Department of Commerce for atmospheric and climate programs for fiscal year 1981. Sets forth specific amounts to be authorized for specified activities. Permits the transfer of funds between categories, subject to enumerated conditions. Authorizes the National Oceanic and Atmospheric Administration to plan for, develop, and operate a civilian Earth remote sensing system. Authorizes supplemental appropriations for such purpose. Requires the Administrator of such Administration to report annually to Congress on the progress of such system. Authorizes appropriations for fiscal year 1981 for use by the National Climate Program Office. Requires the Administrator to inform the appropriate committees of Congress of the atmospheric and climate activities of such Administration.
United States · United States Congress · 17 April 1980
Authorizes the President to redesignate the week of May 11, 1980, as "National Small Business Survival Week" rather than "National Small Business Week".
United States · United States Congress · 1 April 1980
Declares that it is the sense of the House of Representatives that the Committee on Ways and Means should study, and consider legislation to achieve the goals of recent proposals by certain prominent economists to control inflation by providing tax benefits to employers who moderate price increases for their products and employees who moderate wage demands.
United States · United States Congress · 19 March 1980
Expresses the sense of the Congress that U.S. foreign policy should reflect a national strategy of peace through strength with specified principles and goals.
United States · United States Congress · 6 March 1980
Airport and Airway Improvement Act of 1980 - Directs the Secretary of Transportation to review and revise the existing national airport system plan to provide for the development of public-use airports in the United States. Directs that such plan shall include the type and estimated cost of eligible airport development considered by the Secretary to be necessary to provide a safe and efficient system of public-use airports to anticipate and meet the needs of civil aeronautics, to meet requirements in support of the national defense, and to meet the needs of the postal service. Directs the Department of Defense to make military airports and airport facilities available for civil use to the extent feasible. Authorizes the Secretary of Transportation to make grants from the Airport and Airway Trust Fund for airport development and planning in the form of project grants. Sets forth the aggregate funding level for such grants for fiscal years 1981 through 1985. Directs that no obligation shall be incurred by the Secretary for airport development at a privately owned public-use airport unless the Secretary receives assurances that such airport will continue to function as a public- use airport during the economic life (no less than ten years) of any facility at such airport that was developed with Federal financial assistance under this Act. Authorizes appropriations out of such fund for fiscal years 1981 through 1985 for: (1) the establishment of air navigation facilities; (2) airport research engineering and development, and demonstration projects; (3) training State and local government employees to carry out the purposes of this Act; (4) costs of services provided under international agreements relating to the joint financing of air navigation services; and (5) costs incurred in operating and maintaining air navigation facilities in a safe and efficient condition. Directs that the costs of site preparation work associated with the establishment or improvement of air navigation facilities by the Secretary pursuant to the Federal Aviation Act of 1958 shall be charged to appropriated funds available to the Secretary for that purpose. Directs that the Secretary shall provide in a grant or other agreement with an airport owner or sponsor, for the performance of such site preparation work in connection with airport development, subject to payment or reimbursement for such work by the Secretary from such appropriated funds. Prohibits appropriations from the Trust Fund to carry out programs or activities under such Act. Directs that amounts authorized shall remain available in the Trust Fund until appropriated for the purposes described. Directs that amounts transferred to the Trust Fund by the Airport and Airway Revenue Act of 1970 may not be appropriated for administrative expenses of the Department of Transportation. Grants the Secretary the authority to obligate to an airport by grant agreement the unobligated balance of amounts that were apportioned in prior fiscal years and that remain available for approved airport development projects, in addition to amounts authorized for that fiscal year by this Act. Sets forth the method for apportioning the funds made available under this Act. Sets forth conditions which determine eligibility for funding under this Act. Sets forth procedures for the submission of project grant airport development applications and requirements which must be satisfied to approve such applications. Requires a sponsor of an airport project to hold public hearings where the project-grant application involves the location of an airport, an airport runway, or a major runway extension. Directs that such a grant shall not be made unless the Governor of the State in which the project is to be located certifies in writing to the Secretary that there is a reasonable assurance that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality implementation plans. Authorizes the Secretary to approve standards (other than standards for safety of approaches) established by a State for airport development at public-use airports which are not primary airports. Authorizes the Secretary, in connection with any project the sponsor will comply with this Act, to require the project sponsor to certify that all of the statutory and administrative requirements imposed by this Act. Directs that the United States' share of allowable project costs for a project approved under this Act shall not exceed 90 percent of its cost. Establishes lower percentages for such projects under specified circumstances. Imposes upon the Secretary, as a condition precedent to approval of an airport development project contained in a project grant application submitted under this Act, the duty to receive written assurances that: (1) such airport will be available for public use on fair, reasonable, equitable and nondiscriminatory terms; (2) generally, no person providing aeronautical services to the public will have an exclusive right to use such airport; (3) such airport and related facilities will be suitably operated and maintained, with due regard to climatic and flood conditions; (4) the aerial approaches to such airport will be adequately cleared, protected, and hazard-free; (5) land in the immediate vicinity of such airport will be used for purposes compatible with airport operations; (6) such airport's facilities will be available for use by United States Government aircraft; (7) the airport operator or owner will furnish certain land, water, or estate therein to the Federal Government for use in connection with air traffic control, navigation, weather reporting, or communications activities related to air traffic control; (8) all project records will be kept in accordance with a standard accounting system; (9) the airport operator or owner will maintain a fee and rental structure for the facilities and services being provided to airport users which will make the airport as self-sustaining as possible; (10) such operator or owner will submit reports as requested by the Secretary; (11) the airport and all airport records will be available for the Secretary's inspection; and, (12) such operator or owner who receives a grant for the purchase of land for noise compatibility purposes which is conditioned on the disposal of the acquired land at the earliest practicable time will use its best efforts to so dispose of such land. Authorizes the Secretary to relieve a project sponsor from contractual obligations entered into under this Act, the Airport and Airway Development Act of 1970, or the Federal Airport Act, to provide free space in airport buildings to the Federal Government. Directs the Secretary first to determine that the cost of an airport development or planning project is allowable before the United States pays from amounts appropriated to carry out the provisions of this Act. Sets forth conditions to determine whether costs are allowable. Authorizes the Secretary to approve, as allowable costs of an airport development project, terminal development costs in nonrevenue producing public-use areas which are directly related to the movement of passengers and baggage. Directs that construction work on projects funded under this Act shall be subject to inspection and approval by the Secretary and shall be in accordance with regulations prescribed by the Secretary. Directs that contracts in excess of $2,000 for such construction projects shall include provisions establishing minimum rates of wages to be predetermined by the Secretary of Labor in accordance with the Davis-Bacon Act. Requires that construction contracts for airport development projects grant employment preferences to Vietnam and disabled veterans. Directs the Secretary of Transportation, in the event that a public airport project will require the use of Federal lands, to request the head of the Federal agency or department controlling such lands to transfer the necessary property interests to the public agency sponsoring the project or which owns or controls the airport involved. Requires the head of such an agency or department to notify the Secretary within four months of its decision with respect to such a request. Exempts from such requests lands under the administration of the National Park Service, units of the National Wildlife Refuge System or similar areas under the jurisdiction of the United States Fish and Wildlife Service, or within any national forest or Indian reservation. Directs the Secretary of Transportation to annually report to the Congress describing operations under this Act during the preceding fiscal year. Sets forth criminal penalties for fraudulent acts committed with respect to projects under this Act. Sets forth recordkeeping and auditing requirements with respect to projects under this Act. Directs the Secretary to take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this Act. Repeals the provisions of the Airport and Airway Development Act of 1970. Amends the Aviation Safety and Noise Abatement Act of 1979 by authorizing the Secretary to incur obligations to make grants for airport noise compatibility planning. Amends such Act by stating that all of the provisions of this Act applicable to grants made herein shall be applicable to grants made under such Act. Amends the Airport and Airway Development Act Amendments of 1976 by authorizing $19,750,000 to be appropriated out of the Airport and Airway Trust Fund before the date which is 180 days after the date of enactment of the International Air Transportation Competition Act of 1979.
United States · United States Congress · 27 February 1980
Food Security Act of 1980 - Declares it to be U.S. policy to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President, in order to carry out such policy, to establish a reserve stock of wheat of up to 4,000,000 metric tons for specified purposes. Permits stocks of wheat for such reserve to be acquired: (1) through purchases from producers or in the market, if the Secretary of Agriculture determines that such purchases will not unduly disrupt the market; and (2) by designation by the Secretary of stocks of wheat acquired by the Commodity Credit Corporation. Authorizes the President to release such designated or acquired wheat reserve stocks to provide, on a donation or sale basis, emergency food assistance to developing countries at any time that the U.S. domestic wheat supply is so limited that quantities cannot be made available for disposition, except for humanitarian purposes, under the Agricultural Trade Development and Assistance Act of 1954. Provides that up to 300,000 tons of wheat may be released from the reserve in any fiscal year for use under such Act in providing urgent humanitarian relief in developing countries which suffer major disasters (as determined by the President), in circumstances of unanticipated and exceptional need when the normal means of obtaining food assistance make timely programming impossible. Directs the President to report to the appropriate congressional committees on wheat so released and its timely replenishment. Allows such wheat to be processed in the U.S. and shipped to the recipient country as wheat flour, when necessary. Requires that such wheat be made available under such Act, with specified provisions as to determinations of availability inapplicable thereto. Directs the Secretary to provide for reserve management as to location and class of wheat needed to meet emergencies, rotation to avoid spoilage and deterioration, and prompt equivalent replacement of removed quantities. Specifies that stocks of wheat shall not: (1) be considered a part of the total domestic supply (including carryover) for certain purposes; or (2) be subject to any quantitative export limitations under the Export Administration Act of 1979. Directs the Secretary to utilize the funds and authorities of the Commodity Credit Corporation in carrying out this Act, except that any restrictions applicable to the acquisition, storage, or disposition of Corporation owned or controlled commodities shall not apply to wheat for or in the reserve. Requires that the Corporation be reimbursed for actual costs under such program. Declares final any determination by the President or the Secretary under this Act. Provides that: (1) this Act shall take effect on October 1, 1980; (2) the authorities of this Act shall expire on September 30, 1983; and (3) any wheat in the reserve when such authorities expire shall be distributed under the Agricultural Trade Development and Assistance Act in fiscal year 1984 and subsequent fiscal years.
United States · United States Congress · 26 February 1980
Amends the National Ocean Pollution Research and Development and Monitoring Planning Act of 1978 to authorize appropriations to the National Oceanic and Atmospheric Administration not to exceed $3,000,000 for fiscal year 1981.
United States · United States Congress · 26 February 1980
Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations for fiscal year 1981 to carry out the provisions of such Act. Amends such Act to direct the Administrator of the Environmental Protection Agency to: (1) conduct research, training, and demonstrations for the purpose of determining means of minimizing or ending ocean dumping and developing disposal methods as alternatives to such dumping; and (2) provide for the coordination of such research among appropriate Federal, State, local, or interstate public authorities, agencies, and institutions and provide financial and other assistance to such entities. Authorizes appropriations for fiscal year 1981 for research programs authorized under such Act. Renders the designation of a marine sanctuary, or any terms included therein, by the Secretary of Commerce pursuant to such Act ineffective upon: (1) certification to the Secretary by the Governor of any State in which such designation is made that such designation or any of its terms are unacceptable to such State; or (2) adoption of a concurrent resolution by both Houses of Congress disapproving such designation or any of its terms. Sets forth terms to be included in such designations and authorizes the Secretary to issue regulations to implement such terms and control the activities permitted under such designation. Directs the Secretary to conduct research to carry out the purposes of such Act. Directs the Secretary and the Secretary of the department in which the Coast Guard is operating to conduct enforcement activities to carry out the purposes of such Act. Requires the Secretary to transmit to the Congress a marine sanctuary designation at the time of its publication. Authorizes appropriations for fiscal year 1981 for making such designations, and for research and enforcement. Adds "industrial waste" to the provision of such Act requiring the Administrator of the Environmental Protection Agency to end the dumping of sewage sludge into ocean waters, but provides that after December 31, 1981, the Administrator may issue permits for the ocean dumping of industrial waste upon determination that such proposed dumping: (1) is necessary for research purposes; (2) will have minimal adverse impact upon human health and welfare and the marine environment; or (3) will provide potential benefits outweighing any such adverse impact. States that such permits shall be effective for no more than six months. Authorizes the Administrator to impose such conditions and restrictions on permits as are necessary to minimize possible adverse impacts of such dumping. Defines "industrial waste" as any solid, semisolid, or liquid waste generated by a manufacturer or processing plant which, if dumped in the ocean, may degrade or endanger human health or welfare or the marine environment. Makes the provisions of such Act concerning foreign-state ocean-dumping permits applicable to transportation of material by an agency or instrumentality of the United States, with a proviso that the Administrator must concur in the filing of an application for such permit. States that the waters of Long Island Sound shall be considered "ocean waters" for the purposes of such Act.
United States · United States Congress · 5 February 1980
Expresses the sense of Congress that the Soviet Union should release Andrei Sakharov from internal exile immediately. Urges the President to: (1) protest Sakharov's exile and the continued suppression of human rights in the Soviet Union; (2) call upon other nations to join in such protests and impose sanctions against the Soviet Union; and (3) inform Helsinki signatory governments that the U.S. delegation intends to raise these violations at the 1980 Conference on Security and Cooperation in Europe review meeting.
United States · United States Congress · 30 January 1980
Vietnam Era Veterans Agent Orange Act - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange.
United States · United States Congress · 30 January 1980
Urges the President to: (1) notify the Soviet Union that the United States will terminate the Agreement on Maritime Matters, unless Soviet troops are withdrawn from Afghanistan; and (2) refuse the Soviets permission to enter U.S. ports, until such troops are withdrawn.
United States · United States Congress · 28 January 1980
Fusion Energy Research, Development, and Demonstration Act of 1980 - Directs the Secretary of Energy to establish research, development, and demonstration programs involving magnetic fusion energy systems to: (1) construct and operate a fusion engineering test facility by 1986; (2) construct and operate a magnetic fusion demonstration facility before the end of this century; (3) maintain and expand the base programs for fusion energy research and the development and testing of appropriate alternative confinement technologies; (4) maintain a strong research and development program in advanced fusion fuels; and (5) ensure an uninterrupted source of scientific and engineering talent from institutions of higher learning to support such effort. Requires such programs to include a study of the potential of using fusion energy for the production of synthetic fuels and the electrification of ground transportation systems. Directs the Secretary to disseminate information promoting the practical uses of fusion energy.
United States · United States Congress · 23 January 1980
Expresses the sense of Congress to condemn Soviet actions taken against Andrei Sakharov which further show the lack of the Soviet Union's fitness to host the Olympics.
United States · United States Congress · 22 January 1980
Authorizes and requests the President to issue a proclamation honoring the memory of Walt Disney on the 25th anniversary of his contribution to the American dream.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 6 December 1979
Amends the Federal criminal code to increase the maximum penalties for desecration of the United States flag from one year imprisonment and/or a $1,000 fine to five years' imprisonment and/or a $5,000 fine.
![Official portrait of Rep. Ambro, Jerome A. [D-NY-3]](https://www.congress.gov/img/member/a000170_200.jpg)