United States · United States Congress · 26 February 1980
Research Revitalization Act of 1980 - Amends the Internal Revenue Code to permit a taxpayer engaged in a trade or business an income tax credit equal to 25 percent of the cash contributions made by such taxpayer to a reserve fund established to finance research or experimentation related to the taxpayer's business. Limits the total amount of such credit to five percent of the taxable business income of the taxpayer for the taxable year. Exempts such reserve fund from income taxation. Allows an income tax deduction for research expenses paid out of the reserve fund during the taxable year. Specifies that research financed pursuant to this Act shall be performed by an institution of higher education. Prescribes tax penalties for the use of funds from the research reserve for purposes other than research and experimentation.
United States · United States Congress · 25 February 1980
Amends the Export Administration Act of 1979 to prohibit the export of goods, the sales of which are prohibited or restricted in the United States pursuant to specified public health and safety laws, unless specified conditions are met. Authorizes the Secretary of Commerce to issue export licenses permitting the export of such goods if: (1) all statutory requirements are met; (2) the Secretary and the head of the agency regulating the sale of such good in the United States concur that (a) the country has requested such export, (b) the country has been fully informed of any U.S. restrictions and possible hazards, and (c) the potential benefits outweigh the possible hazards; and (3) the sale in the importing country would be subject to restrictions comparable to those imposed in the United States. Requires such exported goods to include all information required by U.S. law. Prohibits the export of such goods if such information is likely to be ineffective. Prohibits the export of any good to be used in manufacturing prohibited goods.
United States · United States Congress · 13 February 1980
Authorizes and requests the President to issue a proclamation extending best wishes and expressing appreciation to Carl Vinson for his devotion to the United States.
United States · United States Congress · 5 February 1980
Provides that Government life insurance shall be paid in accordance with any election of the insured. Stipulates that if at the time of death no such election has been made, the Administrator of Veterans' Affairs shall notify the beneficiary who shall elect whether to receive payment in a lump sum or in installments. Directs the Administrator to notify all insured individuals have not made such election concerning the effect of this Act.
United States · United States Congress · 30 January 1980
Authorizes the President to present, on behalf of the Congress, a gold medal of appropriate design to Ambassador Kenneth Taylor in recognition of his efforts to secure the return of six American Embassy officials in Tehran. Authorizes and directs the Secretary of the Treasury to cause to be struck such gold medal with suitable emblems, devices, and inscriptions.
United States · United States Congress · 30 January 1980
Expresses appreciation to Canada for: (1) its historic close relations and cooperation with the United States in conducting foreign policy; (2) its support for U.S. efforts to obtain the safe release of the hostages in Iran; and (3) its efforts to protect and arrange the safe departure of certain U.S. citizens from Iran.
United States · United States Congress · 28 January 1980
Fusion Energy Research, Development, and Demonstration Act of 1980 - Directs the Secretary of Energy to establish research, development, and demonstration programs involving magnetic fusion energy systems to: (1) construct and operate a fusion engineering test facility by 1986; (2) construct and operate a magnetic fusion demonstration facility before the end of this century; (3) maintain and expand the base programs for fusion energy research and the development and testing of appropriate alternative confinement technologies; (4) maintain a strong research and development program in advanced fusion fuels; and (5) ensure an uninterrupted source of scientific and engineering talent from institutions of higher learning to support such effort. Requires such programs to include a study of the potential of using fusion energy for the production of synthetic fuels and the electrification of ground transportation systems. Directs the Secretary to disseminate information promoting the practical uses of fusion energy.
United States · United States Congress · 22 January 1980
Directs the Foreign Claims Settlement Commission to determine the validity and award damages based on claims against Iran by U.S. citizens and corporations for injuries resulting from Iranian actions subsequent to October 1, 1978. Prohibits the receipt of claims against Iran after normal relations are restored. Requires the Commission to certify the amount of damages awarded to the Secretaries of State and Treasury. Directs the Secretary of the Treasury to establish a special fund for the payment of such awards into which shall be paid: (1) payments by Iran to satisfy such claims; and (2) amounts realized from Iranian assets subject to control under the International Emergency Economic Powers Act. Requires the Secretary to make payments from such fund for awards not otherwise satisfied by Iran.
United States · United States Congress · 22 January 1980
Amends the Internal Revenue Code to provide that in cases where married couples live apart at all times during the calendar year, do not file a joint return, report earned income which is community income under State or foreign community property laws, and do not transfer such income between themselves before the close of the calendar year, such community income shall be treated in the same manner as community income of a U.S. citizen who is married to a nonresident alien is treated for Federal income tax purposes.
United States · United States Congress · 22 January 1980
Authorizes and requests the President to issue a proclamation honoring the memory of Walt Disney on the 25th anniversary of his contribution to the American dream.
United States · United States Congress · 20 December 1979
Changes the dates of the legal public holidays of Washington's Birthday, Memorial Day, Columbus Day, and Veterans Day so that such holidays occur on Sundays. Declares that, with specified exceptions, any legal public holiday occurring on a Sunday shall not be considered to be such a holiday for purposes of statutes relating to pay and leave of Federal employees.
United States · United States Congress · 19 December 1979
Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the Chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board: (1) to provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths, affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusivity of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States, with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits' awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. States that in the case of such a claim resolved in court, either the claimant or the attorney may challenge the award in such court within 30 days after such award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals rendered on or after January 1, 1977, and prior to the effective date of this Act.
United States · United States Congress · 14 December 1979
Amends the Older Americans Act of 1965 to provide that area agencies on aging shall have authority to award funds to the providers of home delivered meals for older persons without requiring that such providers also furnish meals to older persons in a congregate setting.
United States · United States Congress · 12 December 1979
Authorizes the President to impose higher or additional duties on the products of any country which is not cooperating with the United States in its diplomatic or economic initiatives to terminate the unlawful actions of other foreign governments regarding U.S. citizens assigned to a U.S. diplomatic mission.
United States · United States Congress · 11 December 1979
Postpones the date for conversion to ad valorem equivalents of specific rates of duty for unwrought lead other than lead bullion from January 1, 1980, to January 1, 1982.
United States · United States Congress · 6 December 1979
Retirement Income Incentives and Administrative Simplification Act of 1979 - Sets forth the findings and policies of this Act, including: (1) the consolidation in a single independent agency of certain administrative, regulatory, and policymaking functions relating to employee benefit plans; (2) the establishment of a national policy to encourage savings to meet the needs of employees and their families in the event of death, disability, or retirement; and (3) the clarification and simplification of certain provisions of the Employee Retirement Income Security Act of 1974 and of the Internal Revenue Code relating to employee benefit plans. Title I: Employee Benefit Administration - Amends the Employee Retirement Income Security Act (ERISA) to direct the President to establish by the beginning of the third calendar year after enactment the Employee Benefit Administration as an independent agency within the executive branch to be headed by a five member Board of Directors. Creates two new positions, entitled "special liaison officer to the Administration," one within the Department of Labor and one within the Department of the Treasury, to serve as directors. Provides that the remaining three directors shall be an Executive Director and two additional members appointed by the President. Transfers to the Administration the authority of the Secretary of Labor granted under ERISA, and functions of the Secretary of the Treasury relating to employee benefit plans. Directs the President to transfer to the Administration additional functions of any Federal agency which is necessary to effectuate the maximum feasible consolidation of administrative and related functions of the Government relating to employee benefit plans. Retains the Pension Benefit Guaranty Corporation within the Administration. Directs the Administration to promulgate regulations providing for the maximum consolidation of all reports respecting employee benefit plans and governmental plans required under ERISA and the Internal Revenue Code. Title II: Deduction by Certain Employees and Their Spouses for Contributions to Retirement Plans - Amends the Internal Revenue Code to permit employees participating in employer pension plans an income tax deduction for contributions to an individual retirement account. Establishes the amount of such deduction at the lesser of 15 percent of an employees' taxable compensation or $1,000. Permits such employees to apportion one-half of the total deductible amount to individual retirement accounts established for the benefit of such employees' spouses. Title III: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act to direct the Secretary of Labor to prescribe rules applicable to one or more categories under which severance pay arrangements and supplemental retirement income arrangements shall be considered to be welfare plans instead of pension plans. Specifies supplemental retirement income arrangements which are to be considered welfare plans. Authorizes the Secretary to exempt any severance pay or supplemental income arrangement from provisions applicable to welfare plans and to provide alternative methods of compliance with any such provision. Conforms the definitions of "part in interest" and "governmental plan" with the Internal Revenue Code. Revises the definitions of "normal retirement age" and "relative". Requires, rather than allows, accountants to rely on the correctness of any actuarial matter certified by an enrolled actuary. Requires, rather than allows, an enrolled actuary to rely on the correctness of accounting matters to which a qualified public accountant has expressed an opinion for purposes of certification. Allows a pension plan which is held in a trust consisting of the assets of two or more participating plans which are maintained by a single employer or two or more employers all of whom are members of the same controlled group, to elect to include as part of its annual report certain information relating to all of the assets of the trust in lieu of the information currently required respecting the assets of the plan. Modifies the current requirement that a plan administrator furnish to a participant or beneficiary a copy of certain financial statements to direct such administrator to post such statements at the principal work sites of employee participants, along with a statement of the right of employee participants to receive copies of the latest annual report and summary plan description. Directs the Secretary to provide for alternative means by which such information may be adequately communicated to employee participants. Sets a $10 limit on the amount an administrator can charge for a copy of the full annual report. Specifies notice requirements which the Secretary of the Treasury, before issuing an advance determination of whether a pension or other type plan meets the requirements of a qualified plan under the Internal Revenue Code, shall require the person applying for the determination to provide. Allows such applicant to establish to the Secretary that the employees have been adequately notified of the filing of the request for such a determination by other satisfactory means. Revises the information which each administrator of an employee benefit plan must furnish to any plan participant or beneficiary who so requests in writing. Requires in the case of individual account plans that the balance in the account be furnished. Directs each administrator to issue a report informing each plan participant of the nature, amount, and form of the deferred vested benefit to which he is entitled if such participant: (1) separated from the service covered by the plan if such separation resulted in a one-year break in service; (2) is entitled to a deferred vested benefit; and (3) with respect to whom retirement benefits are not paid during the particular plan year and are not scheduled for payment before the end of the 180-day period following the plan year. Requires each employer to maintain records with respect to each of the employees sufficient to determine the benefits which are due, or which may become due, to such employee. Requires pension report information to be provided in computer-compatible form to the public only after a statement has been filed with the Secretary by the person receiving the information which provides that the information will not be used for commercial purposes. Requires, rather than allows, the Secretary to prescribe an alternative method for satisfying certain reporting requirements, under specified circumstances. Sets forth additional alternative methods of compliance with certain reporting requirements. Specifies circumstances in which the administrator of any multiemployer plan shall be considered to have satisfied certain reporting requirements. Revises certain participation and vesting provisions. Permits the determination of pension plan eligibility on a plan-year basis. Allows multiemployer plans to suspend the payment of benefits while an employee is reemployed in the same industry, trade, or craft, and the same geographic area covered by the plan, as when such benefits commenced. Stipulates that the employee notification and election requirement (triggered when vesting schedules are changed), is only applicable to employees who might be adversely affected by the change. Makes 125 days of service in any maritime industry equivalent to 1,000 hours of service. Allows a multiemployer plan to provide that a participant's accrued benefit upon his separation from the service is the sum of the different rates of benefit accrual for different periods of participation as defined by one or more fixed calendar dates or by employment in different bargaining units. Permits the accrued benefit to be determined, for purposes of the three-percent accrual method or the fractional method, by projecting the normal retirement benefit to which a participant would be entitled if he continued to accrue benefits at the average of the rates applicable to this period of actual participation. Provides that a plan offering optional benefit forms shall not be treated as altering a participant's accrued benefits by reason of a change in the actuarial assumptions used to compute such benefits if an enrolled actuary makes an appropriate certification. Defines "seasonal establishment" and "seasonal employee" for the purposes of ERISA. Requires plans in which a majority of employees are seasonal employees to use 500 hours, rather than 1000 hours, for purposes of defining a year of service. Makes certain revisions with respect to joint and survivor annuities. Specifies the circumstances in which pension benefits may be paid to another person pursuant to a State court decree of divorce, annulment, legal separation, or family support. Prescribes certain notification requirements with respect to any such payment. Directs the Secretary to prescribe by regulation methods of determining length of service by an elapsed time measurement. Makes certain revisions with respect to funding, including a requirement that changes in funding method or plan year need be approved only when such changes are made more than once in a three-year period. Makes certain revisions with respect to fiduciary responsibilities. Provides, with respect to a plan funded by a contract or policy of insurance, that the assets of the plan shall include such contract or policy, but shall not include the insurer's general account assets. Allows a collectively bargained plan maintained by more than one employer to return an employer contribution within one year after the plan administrator knows that the contribution was made by mistake of fact or violated the Labor-Management Relations Act ( currently, such contribution must be returned within one year of the payment). Amends the cofiduciary provision to stipulate that, with respect to a fiduciary who is not a natural person, "knowledge" means knowledge actually communicated to an officer or employee of the fiduciary. Stipulates, with respect to qualifying employer real property, that the current requirement that the parcels be dispersed geographically must be met only when three or more parcels are involved. Conforms certain provisions relating to transactions by parties in interest with provisions of the Internal Revenue Code. Makes the exemption procedure relating to prohibited transactions available to persons who are "owner-employees". Establishes a special exemption procedure with respect to certain currently prohibited transactions, by which certain pending exemption applications shall be considered to have been granted where a fiduciary or class of fiduciaries satisfy specified requirements. Makes certain revisions with respect to the indemnification of fiduciaries, including allowing a multiemployer plan to pay the cost of defending plan trustees in certain circumstances and to indemnify them subject to a determination that the trustees acted in good faith. Provides that amounts collected by the Department of Labor from persons requesting information shall inure to the Department. Requires that at least one member of the Advisory Council on Employee Welfare and Pension Benefit Plans be a representative of employers maintaining small plans. Directs the Secretary of Labor to publish at least annually a report showing the number of plans and plan participants, plan assets, and other plan information by type and size. Provides that a State insurance law which requires that a specific benefit be provided by a contract or policy of insurance issued to an employee benefit plan is preempted by ERISA. Limits, in the case in which two or more plans covered under title IV of ERISA are terminated simultaneously be any employer, such employer's liability to 30 percent of net worth. Provides that the amount of such liability shall be reduced by the amount of any payments relating to a previously incurred liability. Directs the Secretary of Labor and the Secretary of the Treasury to conduct jointly a detailed study of: (1) the reporting requirements of ERISA and an analysis of means to improve such requirements to reduce the administrative burdens on employee benefit plans; and (2) means by which certain institutions, such as registered investment advisors, banks, savings and loan associations, and insurance companies, may be enabled to develop master and prototype pension plans for adoption by employers. Title IV: Amendments to the Internal Revenue Code of 1954 - Amends the Internal Revenue Code to conform such Code to the amendments made to ERISA by title III of this Act. Provides that employee participation in a predecessor employer pension plan or other plans of related employers is to be counted toward the eligibility requirements for capital gains treatment and the ten year averaging of lump sum distributions from such plans. Specifies that multiemployer plans established by tax-exempt charitable, labor, agricultural, or horticultural organizations shall be classified as single defined benefit and contribution plans for purposes of the capital gains treatment and ten year averaging of lump sum distributions from such plans. Provides that a separation from service will be deemed to have occurred for purposes of determining eligibility for capital gains tax treatment of lump sum distribution from a multiemployer plan if any employee has not worked in service covered by such a plan for a period of six consecutive months. Permits a taxpayer to roll over a complete distribution from a money purchase plan or report income from such distribution according to the ten year income averaging rules, even if there is no similar distribution from another pension plan of the same employer in which the taxpayer is a participant. Provides for the deductibility of employer contributions to plans which are maintained outside the United States primarily for the benefit of nonresident aliens. Title V: Individual Retirement Payroll Deduction Plans for Employees Not Covered by Pension Plans - Amends ERISA by adding a new title V, "Individual Retirement Payroll Deduction Plans for Employees Not Covered by Pension Plans." Requires a covered employer to have in effect an individual retirement payroll deduction plan for eligible employees. Excludes from such requirement: (1) an employer having fewer than ten eligible employees; and (2) an employer who has conducted a referendum of eligible employees and the number of such employees wanting such a plan is less than the greater of ten or ten percent of the number of eligible employees. Establishes civil penalties for covered employers who fail to deduct an amount from the wages of an eligible employee in accordance with an election under an individual retirement payroll deduction plan. Charges the Employee Benefit Administration with the administration of such plans.
United States · United States Congress · 26 November 1979
Authorizes the President, on behalf of the Congress, to present a gold medal of appropriate design to Louis L'Amour in recognition of his distinguished career as an author and his contributions to the Nation through his historically based works. Authorizes the Secretary of the Treasury to strike bronze duplicates of such medal for sale to the public.
United States · United States Congress · 9 November 1979
Sunset Review Act of 1979 - Requires the House Committee on Rules and the Senate Committee on Rules and Administration to jointly develop and maintain an inventory of all Federal programs and tax expenditures. Requires such inventory to classify all such programs and expenditures according to the jurisdiction of the various legislative committees of the two Houses. Requires the General Accounting Office, before the beginning of the 97th Congress, after consultation with the appropriate legislative committees, to submit a draft inventory to the House Committee on Rules and the Senate Committee on Rules and Administration. Requires such Committees to notify each legislative committee of the programs and tax expenditures which are classified within its jurisdiction. Allows any legislative committee to propose revisions of such inventory within 30 days after notification. Requires, after a determination that all programs and tax expenditures are accurately classified, that such inventory be published in a single document. Requires that an update be made of such inventory at the beginning of every Congress. Directs the General Accounting Office to maintain and publish a supplement to the inventory. Requires each legislative committee of the House of Representatives and the Senate, on or before March 1 in the first session of each Congress beginning with the 98th Congress, to develop, adopt, and submit to the House Committee on Rules and the Senate Committees on Rules and Administration an agenda for the sunset review of selected Federal programs within its jurisdiction or in the case of the House Committee on Ways and Means and the Senate Committee on Finance, of selected tax expenditures. Requires the committees of each House to develop their sunset review agenda in consultation with any other committee which has concurrent jurisdiction over any programs or tax expenditures involved. Prohibits either the House or the Senate from considering a primary expense resolution for any legislative committee in any Congress until that committee has developed and submitted its sunset review agenda. Requires the House Committee on Rules and the Senate Committee on Rules and Administration to incorporate such agendas into a consolidated sunset review agenda and to report such consolidated agenda to its House in the form of a concurrent resolution, within seven legislative days after all committee sunset review agendas have been submitted. Requires the consolidated sunset review agenda to be adopted in the House and in the Senate no later than March 30 in the first session of each Congress. Sets forth the procedures for adoption. Requires each committee of the House or the Senate, not later than May 15 in the second session of each Congress, to report a bill or bills modifying, continuing, or terminating each program or tax expenditure which it has been directed to review under the consolidated sunset review agenda adopted during the first session. Requires such bill to be accompanied by a report setting forth the committee's findings, recommendations, and justifications. Requires each department, agency, and instrumentality in the executive branch of the Government which is responsible for the administration of a Federal program or tax expenditure selected for sunset review to give assistance to the appropriate Congressional committees. Specifies that nothing in this Act shall affect the authority of any legislative committee to review programs or tax expenditures within its jurisdiction and to report legislation modifying, continuing, or terminating such programs or expenditures at such times and in such manner as it deems appropriate. Amends rule X of the Rules of the House of Representatives to include the consolidated sunset review agendas and the congressional inventory of Federal programs as part of the House Committee on Rules' functions.
United States · United States Congress · 8 November 1979
Requires the United States to make a lump sum payment of $50,000 to the survivors of any Federal fire fighter or law enforcement officer, special policeman, or Federal protective officer employed by the General Services Administration killed in the line of duty.
United States · United States Congress · 8 November 1979
Amends the Internal Revenue Code to permit the issuance of tax free industrial development bonds to finance the improvement of existing wharf facilities.
United States · United States Congress · 8 November 1979
Amends the Federal criminal code to make it unlawful to kill any Federal protective officer employed by the General Services Administration or any nonuniformed special policeman.
United States · United States Congress · 2 November 1979
Ocean Thermal Energy Conversion Research and Development Act - Directs the Secretary of Energy to prepare a comprehensive plan and program of research, development, and demonstration of ocean thermal energy conversion systems. Directs the Secretary to prepare a comprehensive technology application plan designed to realize the goal of producing 10,000 megawatts of electrical capacity or energy product equivalent from ocean thermal energy conversion systems by the year 1999. Sets forth criteria for the selection of programs and the establishment of priorities concerning ocean thermal energy conversion systems. Establishes an Ocean Thermal Energy Conversion Advisory Committee to study and advise the Secretary on the implementation and conduct of the programs established under this Act and on other matters concerning ocean thermal energy conversion. Directs the Secretary to submit to Congress an annual report on the activities undertaken pursuant to this Act. Authorizes appropriations for plant and capital equipment for specified ocean thermal energy conversion demonstration plants.
United States · United States Congress · 30 October 1979
Health Cost Restraint Act of 1979 - Title I: Health Cost Restraint Tax Act - Health Cost Restraint Tax Act of 1979 - Amends the Internal Revenue Code to limit the tax exclusion for employer contributions to employee health plans. Requires employee health plans with options whose costs exceed certain specified levels (trigger points) to provide: (1) a low cost option or an option to enroll in a qualified health maintenance organization (HMO); (2) specified minimum coverage; and (3) approximately equal employer contributions to different options. Imposes a $2,000 limitation on deductibles and copayments. Includes in the gross income of employees any employer contributions to health plans which do not meet such requirements. Requires employers to rebate to employees the difference between contributions to health plans whose costs exceed permissible levels and the cost of a lower option plan selected by the employee. Title II: Health Maintenance Organizations - Amends title XIII of the Public Health Service Act (Health Maintenance Organizations) to modify the dual choice provision to require an employer to offer either two individual practice associations (IPA) or two closed plan HMOs if: (1) the current requirement that one of each type of HMO be offered is inapplicable; (2) at least two HMOs are providing services in the employees' area of residency, which have agreed to be included in the employer's health benefits plan; and (3) such HMOs are not controlled by the same legal entity. Redefines "qualified health maintenance organization" to include those: (1) offering the basic and supplemental health services currently required, except for the requirement that mental health services and alcohol and drug abuse treatment be provided; and (2) meeting the current organizational requirements, except for the requirement that at least one-third of the membership of the policymaking body of the plan be members of the HMO. Permits an HMO to differentiate between members on the basis of age and sex in determining its basic and supplemental health services payments. Title III: Payments to Health Maintenance Organizations Under the Medicare Program - Health Maintenance Organizations Medicare Reimbursement Amendments of 1979 - Amends title XVIII of the Social Security Act (Medicare) to revise the method of reimbursement to HMOs providing Medicare services. Defines an HMO for the purposes of this title as an entity which: (1) provides all covered Medicare benefits to Medicare enrollees; and (2) is organized in accordance with the provisions of title XIII of the Public Health Service Act. Provides that only the HMO shall be entitled to receive payments from the Secretary of Health and Human Services (formerly Health, Education, and Welfare) for services furnished to an individual who is enrolled with such HMO under this title. Directs the Secretary to determine annually for each class of individuals (based on factors such as age, sex, institutional status, disability status, and residency) who are enrolled with an HMO and who are: (1) entitled to benefits under part A and enrolled under part B; and (2) only enrolled under part B, a per capita rate of payment which is equal to 95 percent of the "adjusted average per capita cost" for that class (basically, prospective estimate of the average per capita amount that would be payable for services covered under parts A and B furnished by other than HMOs). Directs the Secretary to also estimate annually an "adjusted community rate" for covered services (basically, the rate of payment for a service which would apply to an individual enrolled with an HMO if such rate were determined under a "community rating system," adjusted for utilization characteristics). Requires the Secretary to make monthly payments to an HMO on the basis of the computed per capita rate for each individual enrolled, but stipulates that where the "adjusted community rate" is less than the average of the per capita rates of payment at the beginning of an annual period, the HMO must provide additional benefits at least equal in value to the difference between the two rates (unless the HMO elects to receive a lesser payment equal to such difference). Requires at least one-half of an HMO's enrolled membership to consist of individuals who are not entitled to Medicare or Medicaid benefits, but authorizes the Secretary to modify such requirement in special circumstances. Directs the Secretary to conduct a study evaluating the termination by Medicare beneficiaries of their membership in HMOs and submit to Congress an interim report within two years of enactment and a final report within five years of such date. Title IV: Medicaid Demonstration Projects - Directs the Secretary of Health and Human Services to conduct at selected locations in the United States demonstration projects to determine the effect of marketplace competition on the Medicaid program. Requires such projects to allow the Secretary to evaluate: (1) use of a central broker concept to assist beneficiaries in selecting among competitive health plans; (2) different methods of incentives to encourage alternative delivery systems; (3) the feasibility of equal dollar contributions from Medicaid to competing delivery systems; and (4) the effectiveness of incentives to Medicaid beneficiaries to enroll in alternative delivery systems. Requires the Secretary to report to Congress preliminary findings within 30 months of enactment and final findings within 63 months of such date.
United States · United States Congress · 29 October 1979
Amends the Internal Revenue Code to provide a tax exclusion from personal income earned abroad by an individual performing qualified charitable services for a tax-exempt employer created or organized in the United States. Limits such exclusion to an amount not to exceed a figure computed on a daily basis at an annual rate of $20,000. Sets a formula for the maximum amount of exclusion for an individual who performs such charitable services and also performs other services while residing in a camp located in a hardship area.
United States · United States Congress · 25 October 1979
Amends the Vietnam Veterans Memorial Fund, Incorporated, to erect a memorial on public grounds in the District of Columbia in honor and recognition of the men and women of the armed forces who served in the Vietnam war.
United States · United States Congress · 24 October 1979
IRA Tax Credit Act of 1979 - Amends the Internal Revenue Code to allow participants in an employer pension plan an income tax credit equal to 25 percent of contributions made to an individual retirement account. Limits the amount of such credit to the lesser of $1,500 or 15 percent of an employee's compensation for a taxable year.
United States · United States Congress · 18 October 1979
Amends the Internal Revenue Code to increase from $150,000 to $200,000 the minimum amount of retained earnings which a corporation may accumulate without being subject to the tax on accumulated earnings.
United States · United States Congress · 16 October 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits to any individual for any month in which such individual is confined in a penal institution. Stipulates that benefits withheld from such individuals shall be treated as having been paid to such individuals for purposes of determining the benefits to which other persons are entitled on the basis of the same wages and self-employment income.
United States · United States Congress · 5 October 1979
Cigarette Safety Act - Directs the Consumer Product Safety Commission to prescribe regulations to ensure that any cigarette or little cigar will stop burning within five minutes if it is not smoked during that time, effective January 1, 1981. Prohibits the manufacture of cigarettes or little cigars which are not in accord with such regulations. Sets forth criminal penalties for violations. Gives jurisdiction to U.S. district courts to restrain such violations. Exempts from such regulations cigarettes and little cigars manufactured for export or for consumption beyond the jurisdiction of internal revenue laws (except for those manufactured for sale or distribution to the U.S. Armed Forces).
United States · United States Congress · 28 September 1979
Elementary School Guidance and Counseling Incentive Act of 1979 - Authorizes appropriations for fiscal years 1981 through 1985 for State allotments for comprehensive elementary school guidance and counseling programs, supplemental grants to States for elementary school guidance and counseling, and grants for demonstration and evaluation programs. Provides formulas for such State allotments, based on the population of elementary school children, with minimum required amounts. Directs the Commissioner of Education to administer State allotments and State plans through the Office of Guidance and Counseling of the Department of Health, Education, and Welfare. Requires that each State, to be eligible for such allotments, submit to the Commissioner a State plan for providing comprehensive elementary school guidance and counseling programs for a five-year period, with necessary annual revisions, which meets such criteria as the Commissioner may by regulation prescribe. Sets forth required provisions of such plans and programs. Provides for appeal by a State of a final action of the Commissioner to a circuit court of appeals. Authorizes the Commissioner, through the Office of Guidance and Counseling, to make grants to States with approved plans for distribution to local educational agencies and for support of States with approved plans for distribution to local educational agencies and for support of State agency leadership activities on the basis of statewide needs and priorities in elementary school guidance and counseling. Sets forth approved uses of such grants. Directs the Commissioner, through the Office of Guidance and Counseling, to carry out a program of demonstration and evaluation relating to elementary school guidance and counseling. Sets forth approved types of demonstration and evaluation projects. Requires the Office of Guidance and Counseling to collect, analyze, prepare, and disseminate information related to the provision of guidance and counseling services to elementary school-age children. Requires specified State and local educational agencies to designate supervisors of elementary guidance services or programs.
United States · United States Congress · 28 September 1979
Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits based on self-employment income if the self-employment tax on such income has not been paid. Directs the Secretary of Health, Education, and Welfare to maintain records on the amount of self-employment tax which has been paid and to provide information on delinquent and insufficient payments upon request. Specifies the evidentiary weight to be afforded to such records and establishes procedures for the correction of errors. Amends the Internal Revenue Code of 1954 to allocate sums derived from a partial payment of income tax to satisfy the self-employment tax imposed for old age, survivors and disability insurance before applying such sums to satisfy the income tax liability of the taxpayer. Specifies the amount of self-employment tax that shall be deemed received and credited for benefits in the case of a partial payment of tax on self-employment income filed under a joint return.
United States · United States Congress · 28 September 1979
Independent Contractor Tax Act of 1979 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of social security taxation. Treats an individual as an independent contractor if such individual: (1) controls the total number and scheduling of his work hours; (2) pays fair rental value for business premises at which he performs more than one half of his services; (3) earns income based upon sales or output rather than upon number of hours worked, or as a result of business investments (other than in vehicles, tools, samples, etc.) which enable him to perform services for which he is remunerated; and (4) performs services pursuant to a prior written contract which specifies that the individual performing services is not an employee for purposes of social security and unemployment taxation and which provides written notice to such individual of his responsibility with respect to payment of income and self-employment taxes. Requires the recipient of services performed by an individual claiming independent contractor status to file returns disclosing payments made to such individual. Provides that the criteria established by this Act shall not be applicable to certain employees (i.e. agent-drivers, commission-drivers, full-time life insurance salesmen, home workers, and traveling or city salesmen) who are statutorily designated as employees for purposes of social security taxation. Provides that the failure of an individual claiming independent contractor status to meet the criteria established by this Act shall not create an inference that such an individual is an employee or that the recipient of his services is an employer. Limits the applicability of the criteria established by this Act to questions of employment status arising under the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, self-employment tax provisions, and withholding requirements under the Internal Revenue Code. Requires recipients of services performed by an independent contractor to file an information return with respect to payments made for such services in excess of $600 for the taxable year. Requires businessmen who make direct sales of consumer goods to individuals for resale on a buy-sell basis or a deposit-commission basis to file information returns for sales in excess of $3,000. Requires individuals who file such information returns to furnish written statements to persons with respect to whom such information is reported which indicate the amount of payment reported. Provides penalties for failure to furnish information returns or statements. Requires recipients of services performed by an independent contractor to withhold ten percent of the payment made for such services. Sets forth exceptions to such withholding requirement. Provides a penalty for failure to comply with withholding requirements.
United States · United States Congress · 19 September 1979
Designates the following lands in the State of Florida as components of the National Wilderness Preservation System, and subjects them to administration by the Secretary of Agriculture: (1) the Alexander Springs Wilderness, the Juniper Prairie Wilderness, and the Little Lake George Wilderness, all in the Ocala National Forest; (2) the Big Gum Swamp Wilderness in the Osceola National Forest; and (3) the Mud Swamp/New River Wilderness and the Sopchappy River portion of the Bradwell Bay Wilderness, both in the Apalachicola National Forest.
United States · United States Congress · 11 September 1979
Constitutional Amendment - Limits the increase of total budget outlays of the United States Government during any fiscal year to a percentage equal to the percentage increase in the gross national product during the previous calendar year. Stipulates that if the inflation rate exceeds three percent annually the increase in total outlays shall be reduced by one-fourth the difference between the inflation rate and three percent. Requires any surplus in total revenues received by the Government to be used to reduce the public debt. Allows the limit on total outlays to be changed by a three-quarters vote of both Houses of Congress, or to meet an emergency declared by the President. Continues Federal aid programs to States and local governments for a period of six years. Prohibits Congress authorizing any United States agency from requiring that a State or local government engage in additional or expanded activities without compensation equal to the additional costs.
United States · United States Congress · 10 September 1979
Federal Firearms Law Reform Act of 1979 - Title I: Amendments to Gun Control Act - Amends the Gun Control Act of 1968 to redefine: (1) "manufacturer" to mean any person engaged in the "business of manufacturing" (instead of "manufacture" of) firearms or ammunition; and (2) "dealer" to exclude dealers in ammunition and persons engaged in the business of repairing firearms. Adds a new definition, "engaged in the business", with respect to manufacturers, dealers, and importers. Includes as a manufacturer of ammunition a person whose gross sales of his own ammunition exceed $1,000 in any calendar year. Includes as a dealer in firearms a person who deals in firearms as a regular course of business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms. Replaces the current term "crime punishable by imprisonment for a term exceeding one year" with a new definition of "disabling crime." Eliminates certain activities regarding ammunition from the coverage of the current prohibitions. Revises current provisions respecting the interstate sale or transfer of firearms. Revises the current prohibition against selling a firearm or ammunition to certain persons (such as persons under indictment for a felony or addicted to drugs) to apply such prohibition only to persons convicted of a disabling crime. Revises the current prohibition against certain persons transporting a firearm or ammunition in interstate commerce to: (1) extend such prohibition to possession or receipt in commerce or affecting commerce of any firearm or ammunition; (2) conform such prohibition to the new "disabling crime" provision; and (3) include as additional categories illegal aliens, persons dishonorably discharged from the Armed Forces, and persons who have renounced their United States citizenship. Makes the same changes to the current prohibition against certain persons who receive a firearm or ammunition which has been transported in interstate commerce, but applies such prohibition to persons who are employed by specified individuals. Excludes ammunition dealers from the current licensing requirements. Stipulates that the Secretary of the Treasury may revoke a license only where the holder of such license has "knowingly" violated a provision of the Act or regulation. Bars the Secretary from denying or revoking a license on the basis of violations under this Act which are alleged in criminal proceedings instituted against a licensee, but for which such individual has not been convicted. Imposes as a condition for the inspection or examination of records, documents, and any firearm or ammunition kept by an importer, manufacturer, or dealer pursuant to this Act that the Secretary has reasonable grounds to believe that a violation has occurred and that evidence may be found on the premises of such persons. Restricts the firearm information obtained from licensees which the Secretary may make available to State or local governments. Establishes a limited recordkeeping requirement for firearms collectors. Stipulates that the general penalty under this Act shall apply to whoever "willfully" violates any provision. Prohibits, with respect to a person's second or subsequent conviction for illegally using or carrying a firearm during the commission of a felony, the granting of parole before completion of the minimum sentence. Amends the forfeiture provision to subject to seizure any firearm or ammunition "involved in or used" in any violation of the Act (instead of "involved in or used or intended to be used"). Requires a court to award attorney's fees to the prevailing party (other than the United States) in an action or proceeding for the return of seized firearms or ammunition. Allows the court to award such fees in any other action upon a finding that the action was initiated in bad faith. Amends the rulemaking authority of the Secretary to provide that no regulation may require (1) the transfer of records required under this Act to a facility owned, managed, or controlled by the United States or any State or (2) the establishment of any system of registration of firearms, firearms owners, or firearms transactions. Requires a 90-day public comment period for proposed regulations (no period is currently specified). Allows one House of Congress to disapprove by resolution any firearms regulation within 90 days of continuous session of the promulgation of such rule. Set forth procedures for such resolutions. Prohibits the Secretary from prescribing any rules identical to regulations disapproved by Congress without the enactment of additional legislation respecting his authority. Prohibits the Secretary from prescribing regulations which require purchasers of black powder to complete affidavits or forms attesting to their exemption from certain provisions of the Federal criminal code. Makes any law or regulation promulgated by any State prohibiting the transfer of an unloaded and not readily accessible firearm or ammunition null and void. Title II: Amendments to title VII of the Omnibus Crime Control and Safe Streets Act of 1968 - Repeals title VII of the Omnibus Crime Control and Safe Streets Act (relating to the receipt, possession, or transportation of firearms by felons, veterans dishonorably discharged, mental incompetents, illegal aliens, and persons renouncing their United States citizenship).
United States · United States Congress · 2 August 1979
Synthetic Fuels Development Act of 1979 - Title I: Loan Guarantees for Synthetic Fuel Demonstration Facilities - Authorizes the Secretary of Energy to guarantee and to make commitments to guarantee interest payments on obligations issued for the purpose of financing the construction of demonstration facilities for the conversion of domestic coal, oil shale, tar sands, biomass, peat, and other domestic resources into synthetic fuels, and for other energy sources such as ocean thermal energy conversion. Stipulates that such guarantees shall be issued under a competitive bidding procedure to the extent possible. Prohibits the issuance of a guarantee for an oil-shale conversion facility until a modular facility of the same technology has been shown to be successfully operated. Limits the total amount of loan guarantees outstanding under this Act to $10,000,000,000, and prohibits issuance of such guarantees beyond five years after the date of enactment of this Act. Sets forth procedures for handling defaults in payments on any obligation issued and guaranteed under this Act. Establishes within the United States Treasury a revolving fund into which shall be deposited authorized administrative funds, interest and principal payments, or repayments and fees, and any other moneys derived from the operation of this title. Authorizes the Secretary to issue notes or other obligations in the event moneys available in the fund are insufficient to enable the Secretary to carry out this title. Stipulates that inventions made or conceived under a guarantee authorized by this title shall be subject to the appropriate sections of the Federal Nonnuclear Energy Research and Development of 1974. Directs the Secretary to provide opportunities for small business to participate in such guarantee program. Requires the Secretary to submit an annual report of the activities conducted under this title. Requires that regulations issued under this title be submitted to specified congressional committees. Repeals existing provisions of the Federal Nonnuclear Energy Research and Development Act of 1974 relating to loan guarantees for alternative fuel demonstration facilities, excluding those provisions on the issuance of obligations for synthetic fuel conversion facilities and municipal waste energy generation facilities. Title II: Priority Energy Projects - Directs the Secretary of Energy to designate priority energy projects based on specified criteria. Exempts such designations from the impact statement provisions of the National Environmental Policy Act of 1979, but requires that designated projects comply with the appropriate provisions of the Clear Air Act and the Federal Water Pollution Control Act. Directs the Secretary to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. States that the time allowed for completion of all final agency action and the issuance of all final agency decisions as to licenses, permits, and other authorizations shall be consistent with existing statutory obligations. Directs the President to make any decisions or perform any actions in the event that an agency or department fails to meet its deadline. Authorizes the Secretary to establish deadlines for Federal agency action which are shorter than the minimum period required under existing legislation in cases of exceptional national need. Provides for the coordination of the actions of Federal, State, and local governments. Directs the Secretary to transmit to the Governor of a State in which a priority energy project is to be located a voluntary decision schedule setting deadlines for State and local authorities to complete their actions relating to such project. Sets forth procedures authorizing the President to waive State or local law provisions causing delay in implementing the State decision schedule. Sets time limits for filing claims arising out of any action pursuant to this Act, and bars any claims filed thereafter. Stipulates that such claims shall be brought in the United States court of appeals for the circuit where the project would be located, and grants exclusive original jurisdiction to such court in such matters. Directs such court to give precedence to such matters over all other matters on the court's docket. Authorizes the Supreme Court, exclusively, to review interlocutory judgments or orders of the court of appeals pursuant to this Act, and directs the Supreme Court to give expedited treatment to such matters. Establishes an Office for Priority Energy Projects within the Department of Energy to assist the Secretary with his duties under this Act. Terminates the Secretary's authority to designate priority energy projects seven years after enactment of this Act. Title III: Goals and Objectives - Establishes a national goal for the reduction of energy imports by the year 1990 to the equivalent of 25 percent of the crude oil and synthetic fuels consumed in the United States in that year. Directs the Secretary to conduct specified studies relating to the attainment of such goal. Directs the Secretary to establish a program to test the commercial feasibility of synthetic fuels by using such fuels in selected portions of the vehicle fleets of specified Federal agencies.
United States · United States Congress · 2 August 1979
Amends the Rehabilitation Act of 1973 to authorize the Secretary of Health, Education, and Welfare to waive certain State agency organization requirements with respect to a State agency which demonstrates that such waiver would be consistent with the objectives of title I of such Act (Vocational Rehabilitation Services).
United States · United States Congress · 2 August 1979
Amends the Internal Revenue Code to exclude from the gross income of a nonresident alien amounts received as an annuity under a qualified annuity plan, or from a tax-exempt pension trust, if such amounts were payable by reason of personal services which were performed by such nonresident alien outside the United States, or within the United States for a foreign employer.
United States · United States Congress · 2 August 1979
Amends the Internal Revenue Code to prohibit any State, or political subdivision thereof, which imposes an income tax on a corporation from taking into account any amount of income belonging to, or attributable to, any foreign corporation which is also a member of an affiliated group to which the domestic corporation belongs, unless such amount is subject to Federal income tax. Prohibits any State, or political subdivision thereof, from taxing or otherwise taking into account a certain percentage (determined according to specified formulae) of any dividend received by a corporation from a foreign corporation (or by a domestic corporation treated as having received such a dividend). Allows such State, or political subdivision, to take into account only a tax for which a Federal foreign tax credit would be allowed.
United States · United States Congress · 1 August 1979
Manassas National Battlefield Park Amendments of 1979 - Sets forth boundaries for the Manassas National Battlefield Park, Virginia. Prohibits the Secretary of the Interior from making any changes in such boundaries. Permits the Secretary to acquire any property or interests therein which are located within the boundaries of the park to effectuate the purposes of this Act. Sets forth the conditions for such acquisitions. Authorizes appropriations from the Land and Water Conservation Fund for the acquisition of such properties and interests.
United States · United States Congress · 1 August 1979
Employees Incentive Ownership Act of 1979 - Amends the Internal Revenue Code to remove restrictions on the use of restricted stock options and to eliminate the exercise of such stock options as an item of tax preference for purposes of the minimum tax.
United States · United States Congress · 31 July 1979
North Pacific Fur Seal Protection Act of 1979 - Title I: Termination of Convention - Expresses the sense of Congress that the Interim Convention on the Conservation of North Pacific Fur Seals should not be continued. Declares that the President should terminate such Convention and enter into negotiations for an international agreement banning all killing of such seals. Title II: Protection of Seals - Directs the Secretary of the Interior to establish the Pribilof Wildlife Refuge. Directs the Secretary of Commerce to designate that part of the fishery conservation zone extending seaward of the Pribilof Islands, Alaska, as a marine sanctuary. Prohibits the taking of seals within such Refuge and marine sanctuary, unless by the natives for subsistence purposes. Sets forth sanctions for violations of these provisions. Directs the Secretaries to employ, to the greatest extent possible, Pribilof Islands natives as rangers and guides. Stipulates that this title shall become effective upon termination of the Convention. Title III: Advisory Council; Social Services Programs - Provides for the establishment of an advisory committee to study and recommend to Congress alternative means of developing a livelihood for Pribilof Islands natives in lieu of the taking of seals, upon the termination of the Convention. Requires the Secretary of the Interior to assure that the income of Pribilof Islands natives engaged in the taking of seals be maintained, after the prohibition on the taking of seals takes effect. Title IV: Other Provisions of Law - Repeals title I (Conservation and Protection of North Pacific Fur Seals) of the Fur Seal Act of 1966. Stipulates that the Marine Mammal Protection Act of 1972 shall not apply if the taking of seals is prohibited under this Act.
United States · United States Congress · 24 July 1979
Educational Testing Act of 1979 - Declares the purpose of this Act to be to: (1) ensure that test subjects and persons using test results are aware of the uses and limitations of standardized tests in postsecondary education admissions; (2) make test-related information available to the public; (3) protect the public interest by promoting more knowledge about the use of standardized test results and by promoting greater accuracy in the administration and interpretation of such tests; and (4) encourage the use of multiple criteria in the grant or denial of any significant educational benefit. Requires each testing agency to provide to a test subject information concerning: (1) the purposes of the test; (2) the subject matters and the areas of skill or knowledge being tested; (3) interpretation and use of the results; (4) the form in which the scores will be reported; (5) any promises made by a testing agency with regard to accuracy, forwarding, and privacy of information of such scores; (6) the property interest of a test subject in such scores, and their storage, disposal, or future use; (7) the time period for mailing such scores to a test subject and designated recipients; (8) special services to accommodate handicapped test subjects; and (9) notice of the information rights and review procedure available to a test subject. Requires a testing agency to notify a test subject and designated recipients if the scores will be delayed ten days or more. Requires a testing agency to provide to the Commissioner of Education information concerning any study or statistical report pertaining to a test which it prepares or for which it provides data. Stipulates that such information shall be considered records for public information purposes. Directs the Commissioner to report to the Congress with regard to such information within one year of enactment of this Act. Requires a testing agency (with regard to any tests administered to 5,000 or more subjects nationally over a testing year) to file with the Commissioner: (1) a copy of all test questions used in determining such test's raw score; (2) the corresponding correct answers; and (3) all rules for transferring raw scores into the scores as reported to a test subject and designated recipients. Stipulates that such information shall be considered records for public information purposes. Requires a testing agency, upon request, to send to a test subject: (1) a copy of the test questions used to determine the raw score; (2) such test subject's answer sheet, along with the corresponding correct answers; and (3) a statement of the raw score if such request is made within 90 days of the release of the test score to the subject. Authorizes a fee to be charged to cover the costs of providing a test subject with such information. Prohibits test scores from being disclosed by a testing agency to any person, institution, or governmental agency unless specifically designated as a recipient by a test subject. Authorizes previous scores to be released to any currently designated recipient. Requires a testing agency to report specified cost-related information to the Commissioner to ensure that such tests are being offered at a reasonable cost. Requires additional cost-related information to be submitted if a separate fee is charged for admissions data assembly or score reporting services (as defined by this Act). Provides a civil penalty of up to $2,000 for each violation of this Act by a test agency. Defines "standardized test" to mean a test affecting or distributed through interstate commerce (exclusive of one used by an individual institution for its own purposes or one used for non-admissions or credit-examination purposes): (1) used for postsecondary admissions; or (2) used for preliminary preparation for such postsecondary admissions tests.
United States · United States Congress · 11 July 1979
Energy Antimonopoly Act of 1979 - Amends the Clayton Act to prohibit any entity, or subsidiary thereof, which produced or had an interest in a total of 35,000,000 barrels of crude oil, condensate, and natural gas liquids in 1976 from acquiring control or a majority of the assets of any other entity whose assets exceed $100,000,000.
![Official portrait of Rep. Gibbons, Sam [D-FL-11]](https://www.congress.gov/img/member/g000153_200.jpg)