United States · United States Congress · 21 February 1979
Requires that veterans receiving hospital, nursing home, or outpatient medical care from the Veterans Administration (VA) for non-service-connected disabilities be charged for such care to the extent that they have health insurance or similar contracts or rights with respect to such care, or have entitlement to private medical care under workers' compensation or automobile accident reparation statutes of any State. Provides that where such non-VA coverage is less than the total charge for such medical care provided to an eligible veteran, the veteran shall not be responsible for the difference.
United States · United States Congress · 15 February 1979
Abolishes diversity of citizenship as a basis of jurisdiction of Federal district courts, but retains as a basis of jurisdiction "alienage," involving foreign states or citizens of foreign states. Increases the amount in controversy requirement in such cases from $10,000 to $25,000. Abolishes the amount in controversy requirement in Federal question cases. Retains as a basis for Federal jurisdiction statutory interpleader, which includes actions between citizens of different States. Permits venue for a Federal civil action in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated. Requires, in suits for damages brought under the Consumer Product Safety Act, that the matter in controversy exceed the sum or value of $10,000. Exempts from such requirement actions brought against the United States, Federal agencies or employees of such agencies.
United States · United States Congress · 13 February 1979
Sports Antitrust Reform Act of 1979 - Applies the antitrust laws to any organized professional sport, including baseball. Prohibits any exclusive territorial right to conduct or exhibit professional football, baseball, basketball, hockey, or soccer games except in a team's home territory if such territory has fewer than 2,000,000 residents.
United States · United States Congress · 8 February 1979
Authorizes the Secretary of Health, Education, and Welfare to pay for medical services and treatment for any physical illness suffered by a United States citizen or permanent resident, which is directly attributable to the atomic explosions on Japan in August, 1945. Limits such assistance to medical services provided in the United States on or after the date of enactment.
United States · United States Congress · 8 February 1979
High Court of American Samoa Appeals Act - Provides for appellate review of the High Court of American Samoa by the United States Court of Appeals for the Ninth Circuit.
United States · United States Congress · 8 February 1979
Federal Disaster Insurance Act - Creates, as an independent establishment in the executive branch, the Federal Disaster Insurance Corporation to provide any person of the United States, who makes an application and qualifies in accordance with the regulations set forth by this Act, with insurance against damage to or loss of property due to natural disaster. Declares that such insurance shall be evidenced by written policies and may be issued to and purchased by any person having an insurable interest. Declares that the Corporation shall have a capital stock of $1,000,000,000 which shall be subscribed by the Secretary of the Treasury. Establishes in the Treasury of the United States a National Disaster Insurance Fund which shall be available to the Corporation without fiscal year limitation to carry out the purpose of this Act. Credits the fund with: (1) the proceeds from the stock; (2) premiums, fees, and other charges paid or collected in connection with disaster insurance; and (3) amounts from the National Flood Insurance Fund not needed for the liquidation of the flood insurance program. Declares that the board of directors of the Corporation shall determine the general policies and have the power to adopt, amend, and repeal bylaws governing the performance of the Corporation. Directs the Corporation to maintain at all times complete and accurate books. Directs the General Accounting Office to audit annually the operations and transactions of the Corporation. Prohibits any Federal disaster assistance from being paid to any person for any loss if such loss is covered by a valid claim which may be adjusted and paid under this Act. Directs the Corporation to make information concerning disaster insurance available to the public, and to State and local agencies and officials. Repeals the National Flood Insurance Act of 1968.
United States · United States Congress · 31 January 1979
Amends title XVIII (Medicare) of the Social Security Act to authorize payment for specified services performed by chiropractors, including x-rays and for physical examinations, and for related routine laboratory tests.
United States · United States Congress · 29 January 1979
Veterans' Health Care Amendments of 1979 - Title I: Health Services Programs - Provides that medical examinations for service-connected disability compensation claims be included in the third priority category for veterans' outpatient care. Extends outpatient dental care benefits eligibility to all war veterans who were prisoners of war for more than six months or who have 100 percent service-connected disabilities. Provides for the establishment of a program of readjustment counseling for any veteran who served on active duty during the Vietnam era who requests such counseling within two years from discharge or within two years after the date of enactment of this Act. Requires the Administrator of Veterans' Affairs, in the event of another declaration of war, to recommend to the Congress within six months of such declaration whether the readjustment counseling program should be extended to veterans of such war. Authorizes necessary follow-up mental health services, including services for family members of eligible veterans. Directs the Veterans' Administration (VA) to provide upon request referral services for non-VA mental health services to former service personnel not eligible for such readjustment counseling because of an other than honorable discharge. Directs the Administrator to cooperate with the Secretary of Defense in notifying veterans of potential eligibility under such readjustment counseling program. Authorizes the Administrator to conduct a five-year pilot program for the treatment and rehabilitation in community-based treatment facilities of veterans with alcohol or drug dependencies. Requires the Administrator to report not later than March 31, 1983, to the House and Senate Committees on Veterans' Affairs regarding the first three years of such pilot program. Authorizes the Administrator, in cooperation with the Secretary of Labor and the Director of the Office of Personnel Management, to help rehabilitated former addict veterans find employment. Directs the VA to provide upon request referral services for non-VA services to former service personnel not eligible for such alcohol and drug treatment services because of an other than honorable discharge. Provides that active service military personnel with an alcohol or drug dependence cannot be transferred to a VA treatment center without such person's written request, and that such request can only be made during the last 30 days of enlistment. Authorizes the Administrator to establish a five-year pilot program of preventive health services for certain veterans with a 50 percent or more disability rating, and for veterans receiving treatment involving a service-connected disability. Requires the Administrator to report annually to the Congress with regard to such program. Authorizes the Administrator to provide hospital care, nursing home care, and medical services in VA facilities in the United States for new Philippine Scouts and Commonwealth Army veterans for service-connected disabilities. Title II: Contract-Care Programs - Provides: (1) that if specified conditions for providing contract outpatient care are satisfied veterans eligible for regular aid-and-attendance or household benefits may be provided such care if, on the basis of a medical examination, it is determined that such medical condition precludes proper treatment in a VA or other Government facility; (2) for the VA to contract for diagnostic services necessary to determine eligibility for treatment at independent VA outpatient clinics; and (3) for specified mental health services for veterans in Alaska or Hawaii. Requires an annual report to the appropriate Congressional committees regarding the VA's contract care authority. Authorizes the Administrator to contract with veterans' organizations recognized by the VA to furnish emergency medical services at the national conventions of such organizations. Title III: Construction, Alteration, Lease, and Acquisition of Medical Facilities - Directs the Administrator of Veterans' Affairs, in carrying out his duties under this Act: (1) to provide for the construction and acquisition of medical facilities equitably throughout the United States with due regard for the comparative urgency of the need for each particular facility; and (2) to give due consideration to excellence of architecture and design. States that no appropriation shall be made to construct, alter, or otherwise acquire any medical facility which involves a total expenditure of more than $2,000,000 unless such construction, alteration, or acquisition is first approved by resolution adopted by the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate, respectively. Stipulates that no appropriation shall be made to lease any space at an average annual rental of more than $500,000 for use for a medical facility unless such lease is first approved by resolutions adopted by such committees. Directs the Administrator to submit a prospectus, including cost estimates and facility description, with regard to the funding of any such proposed medical facility. States that if funds for such facility are not appropriated within one year after approval, either of such committees may rescind approval. Enumerates structural requirements for any medical facility constructed pursuant to this Act. Directs the Administrator to submit to Congress an annual report regarding the construction, alteration, and leasing of medical facilities. Requires such report to contain: (1) a five-year plan for those medical facilities most in need of construction, replacement and alteration; (2) a priority list of at least ten such hospitals; and (3) general plans for each medical facility in the five-year plan or the list. Authorizes the Administrator to establish and operate not less than 125,000 beds for the furnishing of nursing home care to eligible veterans in facilities over which the Administrator has direct jurisdiction. Authorizes the Administrator to: (1) carry out construction or alteration of medical facilities pursuant to this Act; (2) make contributions to local authorities for safe ingress or egress to such facilities; (3) construct and operate parking facilities; (4) enter into agreements for the mutual use of Armed Forces facilities; (5) partially relinquish, on behalf of the United States, legislative jurisdiction to the State in which such medical facility may be located; and (6) use certain federally owned facilities. Authorizes the President to accept any building or grounds suitable for the use of disabled persons. Title IV: Benefits Payable to Persons Residing Outside the United States - States that in order for VA benefits to be paid on behalf of a child adopted and residing outside the United States, such child must: (1) be under age 18 at the time of adoption; (2) be receiving at least one half of its annual support from the veteran; (3) not be residing with its natural parent unless the natural parent is the veteran's spouse; and (4) be residing with the veteran except in certain specified circumstances. States that after the veteran's death such an adoption would be recognized for veterans' benefits purposes only if the veteran was entitled to or receiving a dependent's allowance for the child at any time during the year before such veteran's death, if such requirements were met for at least one year prior to the veteran's death. Requires the Administrator, in consultation with the Secretary of State, to carry out a study of veterans' benefits payable to persons residing outside the 50 States and the District of Columbia. Title V: Miscellaneous Provisions - Authorizes the payment by non-Federal agencies, organizations, and individuals for travel expenses of certain employees of the VA's Department of Medicine and Surgery in connection with their official duties in specified circumstances. Transfers the authority to appoint the Deputy Administrator of Veterans' Affairs from the Administrator to the President by and with the advice of the Senate. Amends specified provisions relating to benefits for overseas VA employees and the salary schedule of the Department of Medicine and Surgery.
United States · United States Congress · 22 January 1979
Intergovernmental Antirecession and Supplementary Fiscal Assistance Amendments of 1979 - Amends the Public Works Employment Act of 1976 to add to the congressional findings under such Act that both an antirecession fiscal assistance program and a supplementary fiscal assistance program which aid governments requiring fiscal relief are essential elements of a sound Federal fiscal policy. Extends the authorization of appropriations for antirecession fiscal assistance through September 30, 1980. Provides for the suspension of such assistance in certain circumstances if the unemployment rate does not exceed six percent. Amends such Act to require the Secretary of Labor to calculate the unemployment rate for specified units of local governments, within or encompassing standard metropolitan statistical areas, using the population survey methodology used prior to January 1, 1978, if such rates are higher than under the current methodology. Requires the Secretary of Commerce to reallocate any undistributed excess amounts among the States and local governments proportionately. Repeals the requirement that States and local governments file statements with the Secretary containing certain reporting assurances. Authorizes the Secretary to make supplemental payments to local governments whose allocation would be reduced as a result of calculating unemployment rates by a new formula. Directs the Secretary of Labor to provide the Secretary of Commerce with necessary information and to determine unemployment rates for each State and local government. Authorizes the Secretary of Commerce to pay supplementary fiscal assistance to local governments with unemployment rates above six percent whenever the unemployment rate for the United States is five percent or more. Authorizes appropriations for such assistance through September 30, 1980. Provides for the suspension of such assistance if antirecession fiscal assistance is being paid or U.S. unemployment rates are less than five percent. Specifies the formula to be used in determining payments under this Act. Requires the Secretary of Commerce to combine certain supplementary payments with the general revenue sharing payment and make a single payment to the local governmental unit. Provides for the reallocation of any undistributed excess amounts among the local governmental units proportionately. Requires local governments receiving supplementary fiscal assistance to comply with those provisions applicable to antirecession fiscal assistance.
United States · United States Congress · 18 January 1979
Magistrate Act of 1979 - Empowers a United States magistrate, when specially designated by a district court and upon consent of the parties, to conduct proceedings in a jury or nonjury civil matter. Authorizes appeal of such decisions to the district court, or directly to the court of appeals upon prior consent of the parties. Requires that anyone appointed as a magistrate must have been a member of a bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands of the United States for at least five years. Specifies procedures for the appointment of magistrates, including the creation of a Magistrate Selection Panel. Requires the district court to select magistrates from those recommended by the Panel. Requires the Director of the Administrative Office of the United States Courts to inform Congress annually on the background and qualifications of magistrates, and appeals from their decisions. Authorizes United States courts to require payment by the Government for the expenses of printing the record on appeal from magistrate proceedings. Authorizes magistrates to try any person accused of a misdemeanor, including a jury trial, unless such person elects to be tried before a district court judge. Allows the magistrate to impose sentences of up to one year for misdemeanors or six months in other cases.
United States · United States Congress · 18 January 1979
Tax Equity Act of 1979 - Provides that the Secretary of the Treasury shall, within 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means a draft of any technical and conforming changes in the Internal Revenue Code which should be made to reflect the substantive amendments made by this Act. Provides that every amendment made by this Act shall apply notwithstanding that its application may be contrary to the provisions of some treaty in effect on the date of the enactment of this Act. Title I: Capital Gains and Losses - Repeals the alternative tax on long term capital gains for individuals, corporations, and life insurance companies. Provides, in lieu of the present 60 percent tax deduction for net long term capital gains, an exclusion from gross income of so much of the gain as does not exceed one half of one percent of the adjusted basis of property (capital assets or property used in a trade or business) at the time of its sale or exchange times the number of months such property is held over 12 months. Repeals provisions of the Internal Revenue Code related to the preferential tax treatment of long term capital gains. Allows the deduction of capital losses for corporations only to the extent of the gains which such corporations realize from the sale or exchange of capital assets and property used in its trade or business. Allows the deduction of capital losses for other taxpayers only to the extent of gains realized by such taxpayers plus the taxable income of the taxpayer or $3,000, whichever is smaller. Permits a one year carryover of net capital losses which exceed the limitations on deductibility in the current or preceding taxable years. Permits a three year carryback of such losses which are in excess of $10,000. Limits the deduction for net capital losses to the amount of the net capital gain in the year in which the loss is carried back. Allows a carryback of net capital losses without regard to the $10,000 limit for a decedent who sustains a capital loss in the year of his death. Allows the executor of a decedent's estate to include in the gross income of a decedent for his last taxable year any unrealized capital gains on a capital asset held by the decedent at the time of his death, if the decedent had a net capital loss during such year. Requires the amount of gain included in the decedent's gross income to be added to the adjusted basis of the property for purposes of computing the basis of property passing to the heirs. Provides that periodic income from the sale or exchange of patent rights shall be treated as royalties (ordinary income) rather than as gain from the sale or exchange of a capital asset. Title II: Income Derived from Extraction of Minerals - Repeals the percentage depletion allowance for taxable years beginning after 1979. Allows an income tax deduction for expenditures (including intangible drilling costs) incurred in the exploration and development of mineral properties (including geothermal deposits), but only to the extent of taxable income derived from such properties. Terminates the income tax deductions for expenditures for the development of mines or other natural deposits (other than an oil or gas well) and for expenditures for mining exploration after 1979. Provides an exclusion from gross income of amounts derived from foreign mineral properties, provided that such income is not derived from: (1) a nonoperating mineral interest; (2) distributions received with respect to the stock of a corporation; and (3) amounts includible in gross income as undistributed profits of controlled foreign corporations. Limits the losses allowable from the disposition of mineral property to the extent of the gains from the sale or exchange of such properties during the taxable year. Title III: Reform Measures Affecting Primarily Individuals - Revises the income tax rates for individuals to limit the maximum rate to 50 percent. Provides, in lieu of certain itemized personal income tax deductions, an income tax credit equal to 30 percent of the itemized deductions which the taxpayer would normally take for the taxable year. Specifies those deductions which qualify as personal deductions. Limits to $10,000 the amount of interest and taxes paid on a personal residence which may qualify for the 30 percent credit. Allows a standard credit allowance (in lieu of the zero bracket amount) for taxpayers who do not itemize income tax deductions. Authorizes the President to increase or decrease by not more than two percent the amount of the credit if he determines that such action is in the public interest. Provides that either House of Congress may disapprove Presidential action to increase or decrease the credit. Requires a taxpayer who is claiming a child for purposes of the 30 percent income tax credit, to include in his gross income any income received by the child during the taxable year from a trust created by the taxpayer, and also any dividends, interest, or royalties received by the child from any property given to him by the taxpayer. Provides that shareholder-employees of closely held corporations must include in gross income: (1) that part of contributions paid by an employer-corporation (and deductible by it) to trusts, annuities, or bond purchase plans for the benefit of the shareholder-employee in excess of (a) the lesser of 15 percent of his compensation; or (b) $7,500, unless 75 percent of the contributions made during the year by the corporation under the plans are for the benefit of employees who are not shareholder-employees; (2) payments to an accident or health plan for the benefit of a shareholder- employee unless employees who are not shareholder-employees received 75 percent or more of all such payments made by the employer-corporation during the taxable year; and (3) the value of lodging and meals furnished by the employer-corporation. Repeals the $100 exclusion from gross income for dividend income. Requires a taxpayer who claims a business expense deduction for attendance at a foreign convention that such convention was: (1) directly related to the active conduct of his trade or business; and (2) more properly held outside the United States than within it, considering all the circumstances. Disallows any deduction for the expenses of attending a convention held on a cruise ship. Revises the formula for computing the income tax deduction for the maintenance of a vacation home to lower the amount of the allowable deduction. Limits the amount of the allowable income tax deduction attributable to farming to the gross income derived from the business of farming for a taxable year plus, in the case of an individual, the greater of $10,000 or the amount of the special deductions (taxes, interest, casualty or theft losses, drought losses, and capital losses) attributable to farming, or in the case of other taxpayers, the amount of the special deductions for the taxable year. Provides that the earnings and profits of a parent corporation, for the purpose of paying taxable dividends, shall not be less than the earnings and profits of the consolidated group for the taxable year. Provides for the recognition of gain from the transfer of appreciated property to a controlled corporation by a related corporation to the extent that such transfer qualifies as the payment of a dividend. Provides that stock options granted to officers and employees of a corporation will not have an ascertainable fair market value at the time they are granted unless such options are traded on a stock exchange or over the counter. Provides that an individual who establishes a trust for his minor children and retains an interest in such trust which will revert to him after ten years will be taxed on the interest which is distributed to his children during the ten year period. Extends to business enterprises formed to invest in real estate the rule which limits income tax deductions for business losses to amounts which such enterprises actually have at risk. Prohibits an individual from basing his estimated tax payments on the prior year's tax (or at the current year's rates applied to the prior year's facts) if in any one of the three preceding taxable years the tax shown on his return was in excess of $100,000. Treats a partnership which is required to file a registration statement with the Securities and Exchange Commission or a comparable State agency after July 1, 1979, as a corporation for taxable years ending after the date of the filing of the registration statement. Title IV: Reform Measures Affecting Primarily Corporations - Repeals the investment tax credit with respect to property placed in service on or after January 1, 1980. Repeals the asset depreciation range system of computing the allowance for depreciation. Reinstates the reserve ratio test for determining the useful life of property subject to the allowance for depreciation. Prohibits a corporation from claiming an income tax deduction for depreciation which is greater than the amount of depreciation carried on its books for purposes of reporting earnings to shareholders. Limits the business expense deduction for repairs to the amount which a corporation reports on its books as current expenses. Limits the amount of the income tax deduction for dividends received by corporations to 85 percent of its taxable income computed without regard to the operating loss deduction or any capital loss carryback. Permits a carryover of any amount disallowed due to such limitation to the following taxable year. Provides that any dividend received by a corporation from an unaffiliated corporation shall be reduced, for purposes of the dividends received deduction, by the amount of any interest costs incurred to purchase or carry the stock of the unaffiliated corporation. Disallows the dividends received deduction for dividends received from an unaffiliated corporation to the extent that such dividends exceed the amount of dividends paid by the receiving corporation during the taxable year. Permits the nonrecognition of gain in the case of a corporation which distributes appreciated property in redemption of its stock pursuant to a court proceeding under the antitrust laws, if such stock was acquired before January 1, 1970. Repeals provisions permitting the nonrecognition of gain from the bulk sale of inventory in a 12 month corporate liquidation. Imposes a tax at the corporate level on a portion of the gain from the distribution of property by a corporation to tax-exempt shareholders pursuant to a 12 month liquidation. Permits the nonrecognition of gain from a distribution of corporate property pursuant to a plan of complete liquidation, if , at the time of the adoption of the plan, the corporation has more than 15 shareholders. Disqualifies as a tax free reorganization a transaction in which share-holders of a merging corporation own, as a result of such transaction, less than 20 percent of the total combined voting power of all classes of stock of the surviving corporation. Terminates the special treatment of bad debt reserves of financial institutions after December 31, 1979. Taxes, on a current basis, the undistributed profits of a controlled foreign corporation to its domestic shareholders based upon each shareholder's pro rata share of such undistributed profits. Terminates the tax exemption for a domestic international sales corporation (DISC) after December 31, 1979. Reduces the basis of property owned by a corporation which is similar or related in service or use to property which has been involuntarily converted by the amount of gain which is not recognized as a result of the purchase of stock in such corporation. Prohibits a corporation from basing its estimated tax payments on the prior year's tax (or on the basis of the prior year's facts and the current year's rates) if in any one of the three preceding taxable years the tax shown on the corporation's return was in excess of $300,000. Disallows the income tax deduction for interest paid by banks and other financial institutions to depositors and other creditors to the extent that their investments in tax exempt bonds constitutes a percentage of their total assets. Title V: Reforms Affecting Individuals and Corporations - Repeals provision which permits the deduction of an individual's or corporation's income tax liability from the sum of the items of tax preference for purposes of the minimum tax. Repeals provisions designating reserves for bad debts of financial institutions, percentage depletion, and capital gains as items of tax preference. Designates tax exempt interest on State and local bonds and the foreign tax credit as items of tax preference. Requires the inclusion in the gross income of a corporation the difference between the value on the open market of the use of the corporation's property or money and the amount charged to a shareholder for the use of such property or money. Treats such amount as a dividend to the shareholder. Disallows an income tax deduction for depreciation of a rental building to the extent that such depreciation would reduce the adjusted basis of the building below the unpaid balance of the mortgage on the land and building. Reduces the allowable amount of the charitable deduction for the contribution of appreciated property to a charitable organization by the amount of gain which would have been realized if the property contributed had been sold by the taxpayer at its fair market value. Requires the capitalization of expenditures attributable to the planting, cultivation, maintenance, or development of any fruit or nut grove, or any vineyard, and which is incurred before the time when the productive stage is reached. Repeals the tax exemption of foreign individuals or corporations which operate ships documented under the laws of a foreign country which grant an equivalent tax exemption to United States citizens or corporations. Empowers the Internal Revenue Service to conduct all civil proceedings involving the enforcement of the internal revenue laws in any court (including the United States Supreme Court). Title VI: Reforms Affecting Private Foundations and Estate and Gift Taxes - Provides that a trust shall not be treated as a public charity if the trustees have discretion to distribute as they see fit more than 50 percent of the trust income between two or more organizations named in the trust instrument as permissible beneficiaries. Treats an individual's contribution to a private foundation as public support only to the extent that such contribution does not exceed one-half of one percent of the foundation's support. Eliminates the five percent reversionary interest test for determining whether the value of trust property passing to its beneficiaries upon the death of the grantor will be included in the estate of the grantor. Requires the inclusion in the gross estate of a decedent the value of an annuity or other plan of compensation receivable by a beneficiary under an agreement of the decedent's employer which arose out of services rendered by the decedent, whether or not the beneficiary has an enforceable right to receive the compensation. Provides that the exclusion from the gross estate of a decedent of annuity payments attributable to employer contributions shall apply only if such payments go to the decedent's surviving spouse. Requires the inclusion of life insurance proceeds in the gross estate of a decedent in the proportion that the premiums paid by the decedent or his spouse bears to all premiums paid for the insurance. Limits the charitable estate tax deduction to the greater of $1,000,000 or 50 percent of the gross estate minus expenses for administration and payment of the decedent's debts. Excludes from the gross estate any transfer made by the decedent during his lifetime for which an estate tax charitable deduction is permitted. Permits the donor of property to a charitable organization a gift tax deduction for the value of such property even if he retains an interest in the property donated. Title VII: State and Local Obligations - Repeals the income tax exclusion for interest on State and local bonds issued after December 31, 1979. Provides that the Federal Government will pay 35 percent of the interest yield on State and local bonds, other than industrial development bonds, issued after December 31, 1979. Title VIII: Withholding of Income Tax on Dividends and Interest - Requires the withholding of income tax on interest and dividends equal to ten percent of such interest or dividends. Defines "interest" and "dividends" for purposes of this Title.
United States · United States Congress · 18 January 1979
Authorizes the Secretary of Health, Education, and Welfare to provide, through demonstration projects, payments to individuals who are receiving, or are eligible to receive, benefits with respect to post-hospital extended care services under title XVIII (Medicare) of the Social Security Act or intermediate care facility services or skilled nursing facility services under title XIX (Medicaid) of such Act, who do not require 24-hour nursing care or supervision, and who desire to establish noninstitutional living arrangement which will meet their medical and other needs. Requires payments received to be used to finance appropriate noninstitutional living arrangements which meet the medical and other needs of the individual. Provides that such payments shall not be includable in gross income under the Internal Revenue Code. Requires the Secretary to design demonstration projects for the purpose of determining: (1) the feasibility of transferring inpatients of skilled nursing and intermediate care facilities to noninstitutional living arrangements; (2) the types and percentage of such inpatients who could live effectively in a noninstitutional living arrangement; and (3) the types and percentages of such inpatients who would benefit economically and qualitatively from transferring to a noninstitutional living arrangement. Directs that funds for such payments be made from the Federal Hospital Insurance Fund established under the Social Security Act and from funds appropriated for Medicaid.
United States · United States Congress · 18 January 1979
Sound Recording Performance Rights Amendment - Amends the copyright law to give the owner of a sound recording copyright the exclusive right to perform or authorize the performance of the copyrighted work publicly. Exempts specified educational, religious, literary, and governmental performances of sound recordings from copyright infringements. Limits further the exclusive right of the owner of copyrights in sound recordings of specified kinds of works to the right to perform publicly all or any part of the actual sounds fixed in such recordings. Stipulates that the exclusive right to perform publicly, by means of a phonorecord, a copyrighted literary, musical, or dramatic work, and to perform publicly a copyrighted sound recording are separate and independent rights under this Act. Subjects the exclusive performance right in a sound recording to compulsory licensing if phonorecords of such recording have been distributed to the public under the authority of the copyright owner. Sets forth the requirements for obtaining such license. Establishes the royalty rates or payments for broadcast stations based on gross receipts of advertising sponsors, and gives the compulsory licensee the option of computing such royalty fees on either a prorated or blanket basis. Directs that royalty fees shall be deposited by the Register of Copyrights in the United States Treasury and invested by the Secretary of the Treasury in interest-bearing United States securities. Establishes the procedure for the distribution of royalties to persons claiming entitlement to compulsory license fees. Exempts certain broadcast stations and transmitters which publicly perform a copyrighted sound recording from liability for infringement and compulsory licensing requirements if the gross receipts of such stations are less than specified amounts. Stipulates that if an owner of a copyright authorizes the public distribution of material objects that reproduce such copyrighted sounds but do not include any accompanying motion picture, a compulsory licensee shall be freed from further liability for infringement for the public performance of such sounds. Directs the Copyright Royalty Tribunal to retain the services of one or more private, nongovernmental entities to monitor and value sound recording performances, distribute royalty funds to recipients, and perform other functions deemed necessary.
United States · United States Congress · 18 January 1979
Gasohol Motor Fuel Act of 1979 - Requires the Secretary of Energy to establish a program to promote the development and use of alcohol-blended fuels in the United States. Directs the Secretary to study the most suitable raw materials for the production of alcohol-blended fuels. Requires that such study emphasize alternative fuel sources to petroleum and natural gas, and evaluate the efficiency of various production and distribution systems. Requires the Secretary to report to Congress within six months after the enactment of this Act concerning the results of such study. Directs the Secretary to set production goals for alcohol-blended fuel development within six months after the completion of the study. Directs the Secretary to require that motor fuel sold in 1981 be one percent alcohol-blended. Sets increasing percentage requirements for succeeding years ending in 1990 where motor fuel shall be ten percent alcohol-blended. Empowers the Secretary to enforce the provisions of this Act and enumerates the enforcement procedures and penalties. Requires that all facilities constructed to distill alcohol for motor fuel use shall use fuel sources which are renewable. Directs the Secretary to establish, within six months after the enactment of this Act, procedures for the certification of alcohol distilling facilities. Requires the Secretary to give first priority for fuel sources to operate such distillation facilities to renewable energy resources. Grants last priority for fuel sources to petroleum, petroleum derivatives and natural gas. Empowers the Secretary to waive the preference for renewable resources upon a finding that they are economically or technically infeasible for use as fuel sources to power distillation facilities.
United States · United States Congress · 15 January 1979
Relieves a named individual of all liability to repay to the United States specified sums representing overpayment of compensation made through administrative error.
United States · United States Congress · 15 January 1979
Relieves named civilian employees of the Department of the Navy of all liability to repay to the United States specified sums representing overpayment of per diem made through administrative error.
United States · United States Congress · 15 January 1979
IRA-Employer Plan Coordination Act of 1979 - Amends the Internal Revenue Code to extend to participants in qualified (tax-exempt) private employer pension plans the income tax deduction for cash contributions made by, or on behalf of, such participants to a retirement savings account. Limits such deduction to the excess of the lesser of $1,500 or an amount equal to 15 percent of an individual's employment compensation for the taxable year, over the total amount of contributions made on behalf of such individuals to a plan under which the individual has a nonforfeitable right to 100 percent of his accrued benefits. Specifies limits on the amount of deductible contributions to simplified employee pensions and individual retirement plans. Reduces, by five percent, the allowable deduction for participants in a multiemployer defined benefit plan or church plan. Disallows deductions for employees covered by Government plans, owner-employees, officers of corporations maintaining a plan, ten percent shareholders, and individuals who have attained age 70 1/2. Disallows deductions for individuals who are otherwise qualified but who do not conform to methods prescribed by the Secretary of the Treasury for computing the total amount of plan contributions for a taxable year. Requires the recapture of specified amounts taken as deductions for contributions to a plan in the gross income of a plan participant whose rights under such plan become fully vested. Excludes employee contributions to a qualified employer pension plan from the gross income of the employee. Requires the inclusion in the gross income of a plan participant distributions, not received as an annuity, from a plan to which the participant has made one or more deductible contributions. Imposes an additional tax of ten percent on plan distributions which a plan participant receives before 59 1/2. Requires the administrator of a qualified private employer pension plan to submit an annual written statement of information concerning the plan to its participants. Requires an individual retirement account to contain a method for determining the taxable year in which specific contributions are made to it and the amount of income and loss which is attributable to a specific contribution for each taxable year.
United States · United States Congress · 15 January 1979
Grants a Federal charter to the Gold Star Wives of America. Declares that the purpose of such corporation is to aid widows and children of persons who died in the service of their country.
United States · United States Congress · 15 January 1979
Removes the requirement that a veteran die in the service in order to be entitled to a memorial headstone or marker when the veteran's remains have not been recovered or identified or have been buried at sea.
United States · United States Congress · 15 January 1979
Performance Rights Amendment of 1977 - Amends the General Revision of Copyright Law to limit the exclusive right of the owner of copyrights in sound recordings of specified kinds of works to the right to perform publicly all or any part of the actual sounds fixed in such recording. Stipulates that the exclusive right to perform publicly, by means of a phonorecord, a copyrighted literary, musical, or dramatic work, and to perform publicly a copyrighted sound recording are separate and independent rights under this Act. Subjects the exclusive performance right in a sound recording to compulsory licensing if phonorecords of such recording have been distributed to the public under the authority of the copyright owner. Sets forth the requirements for obtaining such license. Establishes the royalty rates or payments for broadcast stations based on gross receipts of advertising sponsors. Exempts certain broadcast stations and transmitters which publicly perform a copyrighted sound recording from liability for infringement and compulsory licensing requirements if the gross receipts of such stations are less than specified amounts. Establishes the procedure for the distribution of royalties to persons claiming entitlement to compulsory license fees. Encourages the copyright owners, performers, and users affected by the procedure for collecting royalties established by this Act to establish a private, nongovernmental entity to assume the collection and distribution functions assigned to the Register of Copyrights.
United States · United States Congress · 15 January 1979
Repeals the provisions of Federal law requiring persons prosecuting claims, either as attorneys or on their own account, before any department or agency of the United States, to take the oath of allegiance and to support the Constitution of the United States.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to deny an income tax deduction to employers for wages paid to aliens whom the employer knows to be in the United States in violation of the immigration laws.
United States · United States Congress · 15 January 1979
Requires a court of the United States in certain circumstances to issue a declaratory judgment in a case of actual controversy between a public utility and either the Secretary of the Treasury or a ratemaking body, with respect to specified provisions of the Internal Revenue Code of 1954 dealing with either the computation of credit for investment in depreciable property or depreciation deductions. Allows the court to issue such a judgment following its determination that the public utility has either obtained a ruling from the Secretary of the Treasury, or has requested such ruling and the Secretary has failed to respond within 180 days.
United States · United States Congress · 15 January 1979
Transfers all jurisdiction over, and responsibility for, Arlington National Cemetery from the Secretary of the Army to the Administrator of Veterans' Affairs.
United States · United States Congress · 15 January 1979
Amends the Immigration and Nationality Act to provide that any person who knowingly pays a salary or other compensation to an illegal alien for personal services actually rendered shall be subject to a criminal fine.
United States · United States Congress · 15 January 1979
Amends the Federal law requiring the furnishing of a payment bond by a contractor for construction or repair work of any public building or work to direct the department secretary or agency head (Comptroller General under present law) to furnish a certified copy of such bond and the related contract if the contractor submits an affidavit: (1) that the contractor supplied labor or materials for such work and that payment has not been made; or (2) that suit is being brought on such bond.
United States · United States Congress · 15 January 1979
Provides for a burial allowance to be paid by the Veterans' Administration: (1) to any State or political subdivision for burying a veteran in any cemetery owned by the State or subdivision if such cemetery or section thereof is used solely for the interment of veterans; or (2) to a person prescribed by the deceased veteran if burial is in a cemetery other than the kind described.
United States · United States Congress · 15 January 1979
States that in the event a Federal employee presiding over the reception of evidence in any agency hearing is unavailable to render the initial decision in such matter, the decision may be made by an employee qualified to preside at such hearing or the entire record may be certified to the agency for a decision. States that the requirement that a presiding employee make the initial decision in a given case shall not apply to applications for initial licenses, decisions concerning the validity of rates or other specified matters pertaining to public utilities, or matters concerning the agency itself. Prohibits agency employees participating in any agency decision involving more than one party from consulting any person or party on a fact in issue unless all parties have been given notice and an opportunity to participate in such consultation. Prohibits such deciding employees from being involved in the performance of investigative or litigating functions in connection with a case subject to his decision or any factually related case. Authorizes each agency to establish one or more agency appeal boards to review decisions of presiding employees. Requires such agencies to establish rules under which such agency will (1) entertain appeals to it directly from the decision of a presiding employee, or (2) entertain appeals only after the decision of any agency appeal board. Requires each agency to authorize officers, including presiding officers, to sign and issue subpenas. Authorizes agencies to issue subpenas without any other specific statutory authorization.
United States · United States Congress · 15 January 1979
Increases to $50,000 the amount of an award which the head of a Federal agency may make to settle a claim without the approval of the Attorney General.
United States · United States Congress · 15 January 1979
Authorizes the Secretary of Commerce to determine and settle claims for damages of less than $2,500 arising by reason of acts for which the National Oceanic and Atmospheric Administration shall be found to be responsible.
United States · United States Congress · 15 January 1979
Requires that anyone using or carrying a firearm, or a cutting or stabbing weapon, during the commission of any felony prosecutable in Federal court shall, in addition to the punishment provided for such crime, be sentenced to a term of imprisonment of not less than two nor more than ten years. Requires in the case of a second or subsequent conviction the imposition of a term of imprisonment of not less than five nor more than 25 years. Stipulates that in such case the sentence: (1) may not be suspended; (2) may not include probation; and (3) may not run concurrently.
United States · United States Congress · 15 January 1979
Bars suits alleging personal liability of any Federal employee engaged in health care for a negligent or wrongful act or omission occurring within the scope of employment. Repeals, with respect to health care functions, the prohibition against government liability for certain intentional torts. Grants under certain circumstances a 30-day grace period for filing an administrative claim to a plaintiff whose suit arising out of a medical malpractice or negligent operation of a motor vehicle by a Federal employee is removed to Federal court.
United States · United States Congress · 15 January 1979
Removes the present $500 ceiling for the equitable waiver of claims by the United States against Federal employees, members of the uniformed services, and members of the National Guard for overpayment of pay. Authorizes the Comptroller General to establish such a ceiling.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to allow as an individual income tax deduction a reasonable allowance for salaries or other compensation paid to any individual during the taxable year for personal services actually rendered but not otherwise deductible. Denies such a deduction for salaries or other compensation paid to: (1) an individual with respect to whom the taxpayer claims a personal exemption; or (2) a child of the taxpayer who has not reached age 19.
United States · United States Congress · 15 January 1979
Amends the Indochina Migration and Refugee Assistance Act of 1975 to limit funds authorizations, for fiscal year 1979 and any subsequent fiscal year, to assistance to Indochinese refugees under 18 years of age.
United States · United States Congress · 15 January 1979
States that in the event a Federal employee presiding over the reception of evidence in any agency hearing is unavailable to render the initial decision in such matter, the decision may be made by an employee qualified to preside at such hearing. States that the requirement that a presiding employee make the initial decision in a given case shall not apply to applications for initial licenses, decisions concerning the validity of rates, or other specified matters pertaining to public utilities, or matters concerning the agency itself. Prohibits such employee from consulting any person or party on a fact in issue at the hearing unless all parties have been given notice and an opportunity to participate in such consultation. Prohibits any employee who performs investigative or prosecuting functions for an agency in a case from participating in the agency's decisions concerning such case. Stipulates that an employee shall not be considered to be participating in the decision of a ratemaking proceeding solely by virtue of his or her general organizational or supervisory responsibility for such proceeding.
United States · United States Congress · 15 January 1979
Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to prohibit payments to be made under such Act to persons unlawfully in the United States.
United States · United States Congress · 15 January 1979
Authorizes each Federal agency to establish one or more agency appeal boards for review of decisions of presiding employees. Requires each agency to establish rules under which such agency will (1) entertain appeals to it directly from the decision of a presiding employee, or (2) entertain appeals only after the decision of any agency appeal board. Requires each agency to authorize officers, including presiding officers, to sign and issue subpenas. Authorizes agencies to issue subpenas without any other specific statutory authorization.
United States · United States Congress · 15 January 1979
Amends the Act requiring bonds of contractors for public buildings or public works to require bonds in an amount satisfactory to the Federal officer awarding the contract to protect all persons supplying labor and materials.
United States · United States Congress · 15 January 1979
Exempts ratemaking proceedings from certain procedural requirements which previously pertained to both rulemaking and ratemaking. States that matter pertaining to a military or foreign affairs function of the United States shall not be exempt from public rulemaking requirements unless the matter is specifically authorized to be kept secret in the interest of national defense or foreign policy and is in fact so properly classified. Makes rulemaking concerning matters of public property, loans, grants, benefits or contracts subject to public participation requirements of other rulemaking proceedings. Eliminates the necessity of documenting reasons for finding that public notice and public procedure for any given rulemaking proceeding would be impracticable or contrary to public interest.
United States · United States Congress · 15 January 1979
Establishes a uniform, exclusive body of law governing liability for damages arising from the takeoff, flight, or landing of aircraft, such law to supersede State, territorial, District of Columbia, admiralty, maritime, or other law. Details the substantive provisions of aviation liability law. Holds common carriers to the highest degree of care. Sets forth a rule of comparative fault and a right of contribution among joint tortfeasors. Permits both wrongful death actions and survival of personal injury actions. Disallows recovery for pain, suffering, or disfigurement in survival actions. Bars a personal injury or death action which is inconsistent with applicable workmen's compensation law, but permits a party who is or would be liable in a civil action under this Act to claim for contribution, indemnity or other similar remedy against a person or party by whom or on whose behalf workmen's compensation has been paid. Sets forth separate, exclusive Federal court jurisdiction guidelines for aviation accidents. Grants United States district courts, concurrently with State courts, original jurisdiction over any civil action arising out of aviation activity and involving: (1) large aircraft, high-performance aircraft, public aircraft, or common carrier aircraft; (2) the death of five or more persons; (3) a claim the liability for which is indemnified in whole or in part by the United States; or (4) a negligent or wrongful act of a Federal employee committed within the scope of duty and under circumstances where there would be liability if the act had been by a private employer. Specifies venue, statute of limitations, service of process, consolidation, and other guidelines for aviation actions brought in Federal court. Makes statute of limitations guidelines equally applicable in State courts. Promulgates rules for the removal of State aviation actions to Federal court.
United States · United States Congress · 15 January 1979
Authorizes the Secretaries of the various military departments and the Secretary of Transportation with respect to the Coast Guard to settle and pay up to $2,500 (previously $1,000) with respect to claims against the United States not cognizable under any other provision of law for property damage, personal injury, or death caused by a civilian official or employee of a military department or Coast Guard or a member of the armed forces incident to the use of property of the United States on a Government installation.
United States · United States Congress · 15 January 1979
Permits Federal agencies to omit otherwise required administrative procedures for a particular proceeding or category of proceedings for which such agency finds that an expedited decision is required to prevent public injury or defeat of legislative policies. Authorizes any agency to provide by rule for abridged proceedings. Authorizes the Administrative Conference of the United States to establish a Committee on Uniform Rules. Authorizes such Committee to draft uniform procedural rules to be binding on all Federal agencies if not disapproved by a majority of the Conference. Prohibits the publication by any agency of any information which relates to an agency investigation or proceeding if such information contains prejudicial bias or may otherwise harm any person in his business, property, or reputation. Requires, in the event that an agency is about to publish information which may reasonably be expected to cause such damage, that such agency inform the possibly adversely affected person 72 hours before such publication to afford such person an opportunity to obtain an injunction prohibiting such publication.
![Official portrait of Rep. Danielson, George E. [D-CA-30]](https://www.congress.gov/img/member/d000043_200.jpg)