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Official portrait of Rep. Dwyer, Bernard J. [D-NJ-6]

Rep. Dwyer, Bernard J. [D-NJ-6]

United States · Official source

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3,703 records where Rep. Dwyer, Bernard J. [D-NJ-6] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· HRH.R. 1814 (97th)referred

A bill to amend the Atomic Energy Act of 1954 to extend certain provisions of the Price-Anderson Act to excess energy costs incurred following the closure of a nuclear powerplant due to a nuclear incident, and for other purposes.

United States · United States Congress · 6 February 1981

Amends the Atomic Energy Act of 1954 to require an electric utility licensed under the Act to obtain insurance to cover excess energy costs incurred when substitute electric energy is sold to consumers to replace nuclear energy which is unavailable to such utility because of a nuclear incident resulting in the shutdown of a commercial nuclear powerplant owned or operated by such utility. Directs the Nuclear Regulatory Commission to require each licensed electric utility to participate in an industry retrospective rating plan. Directs the Commission to enter into an agreement to pay to such utility the amount by which the excess energy costs associated with a nuclear incident exceed the insurance coverage of such utility. Requires an electric utility which suspends or terminates nuclear energy generation following a nuclear incident to calculate for each billing period its excess energy costs. Prohibits an electric utility which sells electric energy to consumers from receiving from such consumers any portion of the excess energy costs of providing substitute electric energy.

Bill· HRH.R. 1720 (97th)open

A bill to establish a task force to identify ocean sites and the nature of radioactive wastes which were dumped into the ocean prior to 1970 and to prepare a comprehensive plan for monitoring and assessing the impacts which such wastes have had on the environment and the public health.

United States · United States Congress · 5 February 1981

Establishes the Interagency Task Force on Ocean Dumping of Radioactive Wastes (the task force). Directs the task force to: (1) prepare an inventory of ocean sites at which radioactive wastes were dumped between 1945 and 1970; (2) make a preliminary assessment of the adverse effects of such wastes on the environment and public health; and (3) develop a comprehensive plan for continuous monitoring of such wastes in order to assess short-and long-term adverse impacts on the environment and public health. Empowers the task force to issue subpoenas for any evidence relating to any incident of ocean dumping of radioactive waste. Requires any Federal agencies which engaged in or authorized such dumping to furnish information upon written request of the task force. Requires the task force to report to Congress by October 1, 1982, on the activities required by this Act. Directs the Environmental Protection Agency (EPA) to set up a preliminary monitoring program on those ocean sites at which radioactive wastes which cause significant adverse impacts on the environment and public health were dumped before 1970. Authorizes appropriations to carry out such program.

Bill· HRH.R. 1718 (97th)referred

A bill to direct that a clinical investigation of the safety and efficacy of dimethyl sulfoxide as a drug to be used by persons with arthritis be conducted through the National Institute of Arthritis, Metabolism, and Digestive Diseases.

United States · United States Congress · 5 February 1981

Directs the Secretary of Health and Human Services, acting through the National Institute of Arthritis, Metabolism, and Digestive Diseases, to: (1) conduct a clinical investigation of the safety and efficacy of dimethyl sulfoxide as a drug to be used by persons with arthritis; and (2) report to Congress within one year of enactment of this Act.

Bill· HRH.R. 1694 (97th)referred

A bill to amend title XIX of the Social Security Act to impose certain requirements relating to the discharge or transfer of medicaid patients from skilled nursing or intermediate care facilities, and for other purposes.

United States · United States Congress · 5 February 1981

Amends title XIX (Medicaid) of the Social Security Act to require that States include standards for determining need for continued skilled nursing facilities or intermediate care facilities in their plan for medical assistance. Directs the Secretary of Health and Human Services to conduct investigative and oversight activities designed to determine whether there exists any basis to support a finding that the plan no longer complies with minimum requirements. States that an individual shall be deemed to be in need of skilled nursing facility services if determined to need care in such a facility on a daily basis.

Bill· HRH.R. 1706 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to provide individuals a credit against income tax for amounts paid or incurred by the taxpayer for alterations to his principal residence in order to make such residence more suitable for handicapped family members.

United States · United States Congress · 5 February 1981

Amends the Internal Revenue Code to allow individuals a nonrefundable income tax credit for 50 percent of the expenses paid or incurred to make alterations to their residences for the purpose of making such residences more accessible to, and usable by, a handicapped individual who is either the taxpayer, his spouse, or a dependent of the taxpayer. Limits the amount of such credit, for each such handicapped individual, to the lesser of $1,000 or an amount which, when added to previous year's credits, does not exceed $5,000. Reduces the amount of such credit by one-half of the amount by which the adjusted gross income of the taxpayer exceeds $20,000 ($35,000 in the case of married individuals filing jointly). Defines "handicapped individual" as any individual who has a medically identifiable mental or physical impairment which can be expected to result in death or which can be expected to last for a continuous period of at least 12 months, and which severely limits one or more of the major life activities of such individual. Requires the handicapped individual to live in the principal residence for which the alterations are made for not less than a nine month period during the taxable year.

Resolution· HCONRESH.Con.Res. 64 (97th)referred

A concurrent resolution authorizing and requesting the President to issue a proclamation observing the thirty-fifth anniversary of CARE (the Cooperative for American Relief Everywhere, Inc.), and designating May 10 to 16, 1981, as "CARE Week".

United States · United States Congress · 5 February 1981

Requests the President to designate the week of May 10 to May 16, 1981, as "CARE Week" in observance of the thirty-fifth anniversary of CARE (the Cooperative for American Relief Everywhere, Inc.).

Bill· HRH.R. 1663 (97th)open

A bill to establish an office in the National Institutes of Health to assist in the development of drugs for diseases and conditions of low incidence.

United States · United States Congress · 4 February 1981

Establishes within the National Institutes of Health the Office of Drugs of Limited Commercial Value under the direction of the Director of the National Institutes of Health. Establishes within the Office an advisory council to advise the Director and make recommendations to the Secretary of Health and Human Services respecting the time required for drug approval under the Federal Food, Drug, and Cosmetic Act. Authorizes the Director to provide financial assistance to entities for the development of drugs of limited commercial value, defined as a drug for a condition or disease of low incidence, to undertake the development of such drugs, undertake studies to determine the potential and need for specific drugs, and coordinate the efforts of public and private entities engaged in the development of such drugs. Requires the submission and approval of an application containing the scientific basis for the development and the proposed therapeutic use of the drug and other specified information before financial assistance is provided. Requires each entity receiving funds to keep specified records. Requires the Director to report to Congress within two years on the effectiveness of this Act.

Bill· HRH.R. 1648 (97th)open

A bill to encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally.

United States · United States Congress · 4 February 1981

Title I: Export Trading Companies - Export Trading Company Act of 1981 - Directs the Secretary of Commerce to promote export trading companies by providing information and by facilitating contacts between producers of exportable goods and export trading companies. Authorizes any banking organization to invest up to specified amounts in export trading companies upon notifying, but without obtaining the prior approval of, the appropriate Federal banking agency, if such investment does not cause an export trading company to become a subsidiary of such organization. Allows greater investment by Edge Act Corporations not engaged in banking. Permits any banking organization to invest beyond such limitations with prior approval of the appropriate Federal banking agency. Requires prior notification of such agencies in specified circumstances. Sets forth further limitations on export trading companies and investments by banking organizations. Specifies factors to be taken into consideration by the banking agencies. Permits such agencies to impose conditions in approving applications to invest in export trading companies. Requires such agencies to report to the appropriate Congressional committees with their recommendations concerning implementation of this Act, related changes in U.S. law, and effects of ownership of U.S. banks by foreign banking organizations. Provides for judicial review of denial orders in the appropriate U.S. Court of Appeals. Sets forth the grounds for disapproval. Provides for remand for further consideration by the banking agency. Directs the Economic Development Administration and the Small Business Administration to give special weight to export-related benefits when considering applications for loans and guarantees by export trading companies. Authorizes up to $20,000,000 to be appropriated for initial investments and operating expenses for each of the fiscal years 1981, 1982, 1983, 1984, and 1985. Directs the Export-Import Bank of the United States to provide loan guarantees to export trading companies or exporters, to be secured by accounts receivable or inventories, when adequate financing is not otherwise available and such guarantees will facilitate expansion of exports. Directs the Board of Directors to try to insure that a major share of such guarantees promotes exports from small, medium-size, and minority businesses or agricultural concerns. Title II: Export Trade Associations - Export Trade Association Act of 1981 - Amends the Webb-Pomerene Act to exempt the trade activities and methods of operation of certified export trade associations and export trading companies from the antitrust laws. Delays the effectiveness of any certificate upon the notification of the Secretary of Commerce by the Attorney General or the Federal Trade Commission (FTC) of disagreement with the decision to issue a certificate. Sets forth the procedure to be followed by any association or export trading company seeking certification under this Act and by the Secretary in issuing such certificates. Permits automatic certification for existing associations. Provides for appeal of the Secretary's denial of certification. Authorizes the Attorney General or the FTC to bring an action to invalidate a certification. Requires the Secretary, in consultation with the Attorney General and the FTC, to publish guidelines for determining whether an association or export trading company will meet the certification requirements. Requires certified associations and export trading companies to submit annual reports to the Secretary. Directs the Secretary to establish within the Department of Commerce an Office of Export Trade to promote export trade associations and trading companies. Requires such Office to report annually to the appropriate Congressional committees on all East-West trade transactions requiring validated licenses and on the role of U.S. export trading companies in East-West trade. Grants a temporary exemption from the Sherman Act antitrust provisions for existing associations. Requires that all applications for certification be kept confidential with specified exceptions. Authorizes the Secretary to require an association or trading company to modify its operation to be consistent with international obligations of the United States. Directs the President to appoint, with the Senate's advice and consent, a task force seven years after enactment to examine the effect of this Act and to make recommendations.

Bill· HRH.R. 1651 (97th)referred

Domestic Violence Prevention and Services Act

United States · United States Congress · 4 February 1981

Domestic Violence Prevention and Services Act - Authorizes the Secretary of Health and Human Services to make grants to States and Indian tribes for projects designed to prevent domestic violence and provide immediate shelter and other assistance for victims of domestic violence and their dependents. Sets forth conditions for receiving such grants, including that the State: (1) distribute funds to local public agencies and private nonprofit organizations; (2) distribute at least 70 percent of such funds to private, nonprofit organizations and give special emphasis to community-based projects; (3) designate a State agency to administer the programs; (4) set forth procedures to assure active citizen participation within the State; (5) assure that any project funded will coordinate its activities with other State programs and be administered by trained personnel; (6) provide technical assistance; and (7) comply with reporting requirements. Limits the total amount of grants to any local program to $150,000 for not more than a three-year period. Limits the grant for any fiscal year to $50,000. Stipulates that funds may not be used for direct payment to victims or dependents and that no income eligibility standard may be imposed. Requires local public agencies and private organizations to provide the following shares of Federal funding: 25 percent in the first year, 33.33 percent the second year, and 50 percent the third year. Requires that at least 75 percent of grants be distributed to entities providing immediate shelter and related assistance to victims. Authorizes the Secretary to make supplemental grants to States for: (1) administrative costs; (2) developing and implementing programs; (3) assuring active citizen participation; and (4) developing a media campaign. Provides that each State will be allotted at least $45,000 in formula grants and $7,500 in supplemental grants. Requires each State receiving assistance to submit detailed annual reports to the Secretary on the implementation of programs. Directs the Secretary to: (1) designate a director of programs carried out under this title; (2) establish a national information clearinghouse on domestic violence, in coordination with the child abuse clearinghouse; (3) make recommendations to Congress regarding domestic violence programs; and (4) obtain information on research relating to domestic violence. Directs the Secretary to make annual reports to Congress and to evaluate and report on the effectiveness of the programs no later than two years after funds are obligated. Sets forth confidentiality requirements with respect to records of persons assisted under this title. Establishes the Federal Interagency Council on Domestic Violence to assist the Secretary in coordinating Federal programs. Authorizes appropriations for fiscal years 1982 through 1984 to carry out this title. Provides for repeal of this title at the end of either fiscal year 1985 or the third fiscal year after appropriations are first made. Directs the Secretary of Health and Human Services to report to the President and Congress within 18 months of enactment on the nature and incidence of abuse of elderly persons.

Bill· HJRESH.J.Res. 159 (97th)referred

Presidential Nomination Commission Resolution

United States · United States Congress · 3 February 1981

Presidential Nomination Commission Resolution - Establishes the Commission of Presidential Nominations to make an investigation regarding the presidential nominating process. Directs the Commission to report to the President and Congress respecting such investigation including recommendations for the 1984 presidential elections. Terminates the commission 60 days after submission of such report. Sets forth the powers of such Commission, and related administrative provisions. Authorizes necessary appropriations.

Resolution· HCONRESH.Con.Res. 50 (97th)open

A concurrent resolution expressing the sense of the Congress that the Soviet Union should provide proper medical care for Dr. Viktor Brailovsky and permit him and his family to emigrate to Israel, urging the President to protest the continued suppression of human rights in the Soviet Union, and for other purposes.

United States · United States Congress · 3 February 1981

Expresses the sense of Congress that, in accordance with specified international agreements, the Soviet Union should provide proper medical care for Viktor Brailovsky and permit him to emigrate to Israel with his family. Urges the President to: (1) continue to express U.S. opposition to the imprisonment and treatment of Brailovsky; and (2) inform the Soviet Union that the United States, in evaluating its relations with other countries, will consider the extent to which those countries honor their commitments to human rights under international law.

Resolution· HRESH.Res. 50 (97th)referred

A resolution expressing the sense of the House that the Congress take immediate action to reimpose price controls on home heating oil and gasoline, and that pending such action the President rescind his decontrol order of January 28.

United States · United States Congress · 29 January 1981

Expresses the sense of the House of Representatives that the Congress immediately reimpose price controls on home heating oil and gasoline, and that pending such action the President rescind the decontrol order.

Bill· HRH.R. 1400 (97th)open

Veterans' Educational Assistance Act of 1982

United States · United States Congress · 28 January 1981

Veterans' Educational Assistance Act of 1981 - Establishes a new educational assistance program for the all-volunteer force. Entitles veterans who are graduates of a secondary school and who have served in the armed forces on continuous active duty for at least three years to basic educational assistance. Entitles veterans of the Selected Reserve and the National Guard who are graduates of secondary school and who have served at least two years of continuous active duty in the armed forces and at least four years of continuous duty in the Selected Reserve to basic educational assistance. Sets forth the formula for determining the length of such assistance based on the length of time served. Entitles such veterans to a monthly assistance allowance of $250 for a full-time approved program of education. Permits enrollment, if eligible, in a program of education while an individual continues to perform his duties. Entitles veterans who have served three or more consecutive years of active duty in addition to those required for basic educational assistance to supplemental educational assistance. Entitles veterans of the Selected Reserve who have served two or more consecutive years of active duty and four or more consecutive years of duty in the reserves in addition to that required for basic educational assistance to supplemental educational assistance. Entitles such veterans to a monthly supplemental assistance allowance of $300 a month. Permits the provision of such assistance to an individual entitled to basic educational assistance who has a skill or specialty in which there is a critical shortage of personnel. Permits the Secretary of Defense to authorize such an individual to transfer to a dependent part or all of such individual's entitlement to educational assistance. Sets forth the conditions under which transferred benefits may be provided. Permits the Secretary of a military branch to enter into preservice educational assistance agreements to encourage enlistment in the active-duty and reserve components. Sets forth the terms and conditions for such assistance. Establishes a ten year delimiting period for educational assistance. Excludes time spent as a prisoner of war subsequent to discharge and time spent physically or mentally disabled. Limits educational assistance to individuals being furnished subsistence to the amount an institution would charge similarly circumstanced nonveterans. Prohibits participation in more than one program of educational assistance. Allocates the administration and costs of such programs to the Veterans' Administration and the Department of Defense. Requires predischarge counseling which includes a discussion of educational benefit entitlements. Requires the Secretary of Defense and the Administrator to submit to Congress a biennial report on the operations of such programs. Amends the Post-Vietnam Era Veterans' Educational Assistance Act of 1977 to terminate the right to enroll in the Post-Vietnam Era Veterans' Educational Assistance Program after December 31, 1981. Amends the Department of Defense Authorization Act, 1981, to extend the pilot Department of Defense educational loan repayment program.

Law· HRH.R. 1465 (97th)enacted

State and Local Government Cost Estimate Act of 1981

United States · United States Congress · 28 January 1981

State and Local Government Cost Estimate Act of 1981 - Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office, for every significant bill or resolution reported in the House or Senate, to prepare and submit (along with its regular estimate of the Federal cost involved) an estimate of the costs which would be incurred by State and local governments in carrying out or complying with such bill or resolution. Authorizes appropriations to carry out this Act.

Bill· HRH.R. 1429 (97th)open

A bill to amend the Internal Revenue Code of 1954 to eliminate the requirement that States reduce the amount of unemployment compensation payable for any week by the amount of certain retirement benefits, and for other purposes.

United States · United States Congress · 28 January 1981

Amends the Internal Revenue Code to eliminate the requirement that States reduce the amount of unemployment compensation payable for any week to an eligible individual by the amount of certain retirement benefits received by such individual.

Bill· HRH.R. 1376 (97th)referred

A bill to amend title 18 of the United States Code to prohibit certain damage to, and theft of property used for religious purposes, and for other purposes.

United States · United States Congress · 28 January 1981

Amends the Federal criminal code to establish penalties for whoever, with intent to interfere with any person freely exercising his religion, damages or destroys any cemetery, religious building, or any religious article contained in such building or steals any such religious article.

Resolution· HRESH.Res. 43 (97th)passed

A resolution commending former President Jimmy Carter, former Secretary of State Edmund Muskie, former Deputy Secretary of State Warren Christopher, and the Algerian negotiators for their efforts in securing the safe release of the 52 American hostages from Iran, and President Reagan for designating former President Carter to greet the freed hostages.

United States · United States Congress · 28 January 1981

Commends former President Jimmy Carter, former Secretary of State Edmund Muskie, and former Deputy Secretary of State Warren Christopher for their success in securing the release of the American hostages held in Iran. Conveys appreciation to the Algerian negotiators for the role they played in resolving the hostage crises. Pays tribute to the eight servicemen killed in the April 1980 effort to rescue the American hostages. Commends President Reagan for designating former President Carter to officially greet the freed hostages.

Resolution· HCONRESH.Con.Res. 45 (97th)referred

A concurrent resolution expressing the sense of the Congress that the leaders of the United States, Mexico and Canada should participate in a North American summit meeting for purposes of establishing a common economic bond of mutual cooperation and coordination in dealing with issues involving our three countries.

United States · United States Congress · 28 January 1981

Expresses the sense of the Congress that the leaders of the United States, Mexico, and Canada should meet to discuss North American economic development, trading relationships, specific problems, and cooperation and reciprocal negotiations in the joint development of solutions to these problems.

Bill· HRH.R. 1313 (97th)open

A bill to amend the Powerplant and Industrial Fuel Use Act of 1978 to further the objectives of national energy policy of conserving oil and natural resources through removing excessive burdens on production of coal.

United States · United States Congress · 27 January 1981

Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit, to 12 1/2 percent of the value of the coal produced yearly, the amount of all State and local severance taxes or fees on coal shipped in interstate commerce to any powerplant or major installation.

Bill· HRH.R. 1311 (97th)passed

National Tourism Policy Act

United States · United States Congress · 27 January 1981

National Tourism Policy Act - Title I: National Tourism Policy - Declares that the purpose of this Act is to establish a cooperative effort between the Federal Government, State and local governments, and other concerned public and private organizations to implement a national tourism policy. Title II: United States Travel and Tourism Administration - Establishes as an independent agency the United States Travel and Tourism Administration. Authorizes the Administration to assist Congress and the Federal agencies having policy and programmatic responsibilities affecting tourism. Directs the Administrator, by April 15, 1982, to submit a detailed tourism development plan to specified Congressional committees. Requires each Federal agency upon the request of the Administrator to: (1) make its services, personnel, and facilities available to assist the Administration; and (2) furnish the Administration necessary information, suggestions, estimates, and statistics. Prohibits the Administration from providing transportation or accommodations in competition with businesses engaged in providing such transportation or accommodations. Directs the Administration to submit budget information, legislative recommendations, prepared testimony for Congressional hearings, and reports to the President or to the Office of Management and Budget and, concurrently, to Congress. Directs the Administration to submit an annual report to the President for transmittal to Congress. Authorizes the Administrator to provide financial assistance to regions of not less than two States or portions of two States for the implementation of regional tourism promotional and marketing programs which shall serve as demonstration projects. Authorizes appropriations for fiscal year 1982. Establishes the Travel and Tourism Advisory Board. Directs the Secretary of Commerce to complete the transfer of the assets, rights, privileges, powers, duties, and liabilities of the United States Travel Service to the Administration by October 1, 1981. Abolishes the United States Travel Service upon completion of such transfer. Title III: Amendments to the International Travel Act - Amends the International Travel Act of 1961 to extend until September 30, 1981, the time limit for the reduction in the number of employees of the United States Travel Service. Prohibits the Secretary of Commerce from reducing: (1) the number of United States Travel Service employees in offices in foreign countries to a level below that authorized for fiscal year 1979; and (2) the amount of funds appropriated pursuant to this Act for financing the activities of such foreign offices to a level below that authorized for fiscal year 1979.

Law· HRH.R. 1100 (97th)enacted

Former Prisoner of War Benefits Act of 1981

United States · United States Congress · 22 January 1981

Prisoner of War Health-Care Benefits Act of 1981 - Authorizes the Administrator of Veterans' Affairs to establish an advisory committee to assess new medical and other information on former prisoners of war (POW's). Requires that such committee include former POW's of World War II, the Korean conflict, and the Vietnam era and individuals who are recognized authorities in certain fields of medicine. Directs the committee to submit a biennial report to the Administrator on its activities. Reduces from six months to 60 days the internment period after which it may be presumed that a POW has suffered certain diseases. Makes POW's with the disease of psychosis manifest to a degree of ten percent presumptively eligible for wartime disability benefits (presently such psychosis must have occurred within two years of separation from service). Entitles POW's of not less than 60 days' internment during World War I, World War II, the Korean conflict, or the Vietnam era to hospital, nursing home, and domiciliary care benefits. Directs the Administrator to prescribe regulations and furnish medical services for any disability on an outpatient or ambulatory basis to such POW's. Includes veterans held in captive status due to the seizure of the United States Embassy in Iran among those veterans eligible for educational assistance.

Bill· HRH.R. 1198 (97th)open

A bill to amend the Federal Water Pollution Control Act to delete the limitation on the use of public treatment works grants for treating, storing, or conveying the flow of industrial users into treatment works.

United States · United States Congress · 22 January 1981

Repeals a specified provision of the Federal Water Pollution Control Act thereby deleting limits on the use of public treatment works grants for treating, storing, or conveying the flow of industrial users into treatment works.

Bill· HRH.R. 1003 (97th)referred

A bill to authorize the President of the United States to present on behalf of Congress specially struck gold medals to the 53 Americans held captive in Iran.

United States · United States Congress · 22 January 1981

Authorizes the President to present on behalf of the Congress specially struck gold medals to fifty-three individuals held hostage in the United States Embassy in Iran. Directs the Secretary of the Treasury to: (1) strike fifty-three gold medals with suitable emblems, devices and inscriptions; and (2) coin and sell bronze duplicates of such medals. Authorizes appropriations.

Bill· HRH.R. 768 (97th)referred

A bill to amend the Internal Revenue Code of 1954 to provide that the standard mileage rate for use of a passenger automobile which may be used in computing the charitable contribution deduction shall be the same as the standard mileage rate which may be used in computing the business expense deduction.

United States · United States Congress · 6 January 1981

Amends the Internal Revenue Code to provide that the standard mileage rate used in computing the charitable deduction for expenses incurred in the operation of a motor vehicle shall be the same as the standard mileage rate for the business related deduction.

Bill· HRH.R. 748 (97th)open

Veterans Administration Adjudication Procedure and Judicial Review Act

United States · United States Congress · 6 January 1981

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 to: (1) 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 exclusiveness 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 a 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. 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 decisions rendered on or after January 1, 1977, and prior to the effective date of this Act.

Bill· HRH.R. 769 (97th)referred

Prevention, Identification, and Treatment of Elder Abuse Act of 1981

United States · United States Congress · 6 January 1981

Prevention, Identification, and Treatment of Elder Abuse Act of 1981 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementing of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to or enter into contracts with public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse law with mandatory reporting provisions. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations.

Bill· HRH.R. 556 (97th)open

Research Modernization Act

United States · United States Congress · 5 January 1981

Research Modernization Act - Directs the Secretary of Health and Human Services to establish within the National Institutes of Health a National Center for Alternative Research to develop and coordinate alternative methods of research and testing which do not involve the use of live animals. States that the Center shall be managed by a Director appointed by the Secretary of Health and Human Services and that the head of any Federal agency which conducts or sponsors research or testing involving the use of live animals appoint one employee to serve as a member of the Center. Directs the Secretary to establish within the Center an Advisory Committee to advise the Center. Requires the Secretary to make and publish in the Federal Register descriptions of alternative methods of testing which meet the regulatory scientific needs of the agencies and which have been reported in summary or plan. Prohibits the use of Federal funds to sponsor research or testing involving the use of live animals if alternative methods have been published in the Federal Register or if such work duplicates work performed by another agency. Requires each agency conducting research involving the use of live animals to: (1) implement a program to develop and utilize alternative methods of research and testing that would reduce or eliminate reliance on the use of live animals; and (2) make grants and enter into contracts with educational institutions to establish courses for the training of scientists in methods of research and testing which do not involve the use of live animals. Requires the Secretary to submit to Congress annually a summary of the Director's annual report of the performance of the Center.

Bill· HRH.R. 27 (97th)referred

A bill to amend chapter 44 of title 18 of the United States Code to extend and strengthen the mandatory penalty feature of the prohibition against the use of firearms in Federal felonies and for other purposes.

United States · United States Congress · 5 January 1981

Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony. Defines such offense as using a firearm to commit a felony over which the district courts have exclusive jurisdiction or carrying a firearm during such a felony involving violence. Deletes the requirement that the firearm be carried "illegally." Increases the additional penalty imposed for such offense from one to ten years' imprisonment to five to ten years' imprisonment for a first offender and from two to 25 years to ten years to life imprisonment for a second or subsequent offender. Extends to first offenders the directions, currently applicable only to second offenders, that the court not suspend any sentence or grant probation and that the additional sentence not run concurrently with any term of imprisonment imposed for the offense itself. Makes a first offender ineligible for parole for five years and a second or subsequent offender ineligible for ten years. Expresses the sense of Congress that the executive prosecute vigorously such offenses.

Bill· HRH.R. 168 (97th)referred

A bill to amend title 39, United States Code, to provide that the United States Postal Service shall be subject to certain provisions of the Occupational Safety and Health Act of 1970.

United States · United States Congress · 5 January 1981

Subjects the United States Postal Service to all provisions of the Occupational Safety and Health Act of 1970, except provisions setting forth requirements for the establishment and maintenance of an occupational health and safety program by the head of each Federal agency. Designates the postal officer or employee in charge at the place of work as the "employer." Sets forth penalties for any employer whose violation of any occupational health and safety standard causes the death of any employee.