United States · United States Congress · 6 March 1980
Small Business Motor Fuel Marketer Preservation Act of 1980 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make loans to small businesses acquiring gas stations from a refiner. Makes it unlawful for a refiner, other than an independent or small refiner, to operate a gas station in the United States. Requires a refiner, in disposing of any interest in such a station, to offer a right of first refusal to the dealer at such station. Sets forth the requirements for such an offer. Makes it unlawful for a refiner to: (1) exceed specified annual sales limitations in any State (requires the Federal Trade Commission to determine specified limitation formulas); and (2) sell motor fuel at any time at any point of transfer at different prices (except for price differentials which reflect manufacturing, sale, or delivery differences). Stipulates that a refiner shall: (1) be in violation of this Act if such refiner withholds available motor fuel from a purchaser and then resells such fuel at a lower price to refiner-operated stations; and (2) not be prevented from charging a uniform surcharge in connection with a sale of motor fuel as consideration for the purchaser's use of a refiner's trademark or other such identifying symbol. Makes it unlawful for any person to interfere in any way with the purchasing, selling, or storing of motor fuel by a dealer. Makes it unlawful for any dealer at a station displaying a trademark or identifying symbol of a particular refiner to sell motor fuel not refined by such refiner without providing notice to purchasers. Requires each refiner within three months of enactment to provide to the Federal Trade Commission information regarding the number of: (1) gallons of motor fuel sold, consigned, or distributed in each State during the preceding year; (2) gallons of motor fuel sold to its stations in each State during the preceding year; and (3) barrels of crude oil produced and refined during the preceding year. Requires persons owning 50 or more motor fuel stations in the United States to report specified information to the Commission. Sets forth fines for violation of this Act. Permits civil actions to be brought against violators of the requirements of the Act.
United States · United States Congress · 4 March 1980
Directs the President to establish monthly National and State emergency energy conservation targets under the Emergency Energy Conservation Act of 1979 for gasoline, diesel fuel and home heating fuel. Exempts the President from the requirement that he make the finding that a severe energy supply interruption exists or is imminent as a prerequisite to establishing such targets, as required under such Act. Requires that such targets achieve a 10 percent reduction of petroleum imports no later than six months after the date such targets are established and a 20 percent reduction no later than twelve months after such date. Limits the duration of such targets to 18 months, notwithstanding the authority of the President to modify the duration of such targets under such Act.
United States · United States Congress · 4 March 1980
National Educational Opportunities Act of 1980 - States the purpose of this Act to be to: (1) establish a national policy on equal educational opportunities based on the implementation of quality education with equal educational opportunities for all students regardless of race, color, or national origin; (2) provide an experimental mechanism for States and their local educational systems to implement such national policy; (3) support experimental efforts to reduce achievement disparities between racial and socio-economic groups in the schools; and (4) facilitate, where possible, a reduction in the concentration of children from low-income and minority groups in certain schools primarily by means other than busing. Requires a State wishing to receive funds under this Act to submit a desegregation plan and an implementation plan. Sets forth the guidelines and requirements for such implementation plan, including: (1) the creation of a State advisory council and local advisory committees: (2) an intradistrict and interdistrict transfer plan; (3) an intradistrict and interdistrict cooperation plan; and (4) a compensatory education program. Requires such implementation to: (1) be submitted to the Secretary of Education by January 31, 1982; (2) be developed in consultation with local educational agencies and the State advisory council; and (3) define goals consistent with the purpose of this Act and provide for attaining such goals by a date approved by the Secretary, but in no event later than October 1, 1987. Requires the Secretary to provide notice to applicants 30 days before a final selection is made. Authorizes appropriations for fiscal years 1981-1985.
United States · United States Congress · 28 February 1980
Resource Conservation and Development Act of 1980 - Directs the Secretary of Agriculture to establish a resource conservation and development program to assist States, local units of government, and local nonprofit organizations to operate and maintain a planning process for land conservation and utilization, natural resources development, and rural economic and environmental improvement. Authorizes the Secretary to: (1) provide technical assistance in developing area plans for designated rural areas; (2) cooperate in conducting surveys and inventories, disseminating information, and developing area plans; (3) assist in the carrying out of approved area plans by local public agencies and nonprofit organizations designated by States; and (4) enter into specified agreements. Sets forth terms and conditions of agreements which must be met if the Secretary is to provide any technical or financial assistance, including loans, to a State agency, local government, or local nonprofit organization in carrying out works of improvement specified in an approved area plan. Permits the identification of groups or problems for special consideration in area plans. Declares that the authority of the Secretary under this Act shall be supplemental and not in lieu of any authority of the Secretary under any other provision of law. Directs the Secretary to establish within the Department of Agriculture a Resource Conservation and Development Policy Board to advise the Secretary regarding the administration of this Act. Directs the Secretary to evaluate the program provided for in this Act and to report on such evaluation, with recommendations. Authorizes appropriations necessary to carry out this Act, with specified annual limits on technical and financial assistance and on loans.
United States · United States Congress · 27 February 1980
Food Security Act of 1980 - Declares it to be U.S. policy to develop a wheat reserve solely to provide for emergency food needs in developing countries. Directs the President, in order to carry out such policy, to establish a reserve stock of wheat of up to 4,000,000 metric tons for specified purposes. Permits stocks of wheat for such reserve to be acquired: (1) through purchases from producers or in the market, if the Secretary of Agriculture determines that such purchases will not unduly disrupt the market; and (2) by designation by the Secretary of stocks of wheat acquired by the Commodity Credit Corporation. Authorizes the President to release such designated or acquired wheat reserve stocks to provide, on a donation or sale basis, emergency food assistance to developing countries at any time that the U.S. domestic wheat supply is so limited that quantities cannot be made available for disposition, except for humanitarian purposes, under the Agricultural Trade Development and Assistance Act of 1954. Provides that up to 300,000 tons of wheat may be released from the reserve in any fiscal year for use under such Act in providing urgent humanitarian relief in developing countries which suffer major disasters (as determined by the President), in circumstances of unanticipated and exceptional need when the normal means of obtaining food assistance make timely programming impossible. Directs the President to report to the appropriate congressional committees on wheat so released and its timely replenishment. Allows such wheat to be processed in the U.S. and shipped to the recipient country as wheat flour, when necessary. Requires that such wheat be made available under such Act, with specified provisions as to determinations of availability inapplicable thereto. Directs the Secretary to provide for reserve management as to location and class of wheat needed to meet emergencies, rotation to avoid spoilage and deterioration, and prompt equivalent replacement of removed quantities. Specifies that stocks of wheat shall not: (1) be considered a part of the total domestic supply (including carryover) for certain purposes; or (2) be subject to any quantitative export limitations under the Export Administration Act of 1979. Directs the Secretary to utilize the funds and authorities of the Commodity Credit Corporation in carrying out this Act, except that any restrictions applicable to the acquisition, storage, or disposition of Corporation owned or controlled commodities shall not apply to wheat for or in the reserve. Requires that the Corporation be reimbursed for actual costs under such program. Declares final any determination by the President or the Secretary under this Act. Provides that: (1) this Act shall take effect on October 1, 1980; (2) the authorities of this Act shall expire on September 30, 1983; and (3) any wheat in the reserve when such authorities expire shall be distributed under the Agricultural Trade Development and Assistance Act in fiscal year 1984 and subsequent fiscal years.
United States · United States Congress · 26 February 1980
Title I: Amendments to Small Business Administration Business Lending Authority - Amends the Small Business Act and the Small Business Investment Act of 1958 to consolidate measures governing the granting of loans by the Small Business Administration to small businesses and to State and local development companies. Increases the total amount of loans which may be made to a borrower other than a State or local development company. Repeals measures which established programs for: (1) trade adjustment loans made to assist any firm to adjust to changed economic conditions resulting from increased competition from imported articles; (2) loans for businesses made with emphasis on the preservation or establishment of small business concerns located in urban or rural areas with high proportions of unemployed or low-income individuals or owned by low-income individuals; and (3) loans for small businesses involved in solar energy, other forms of renewable energy, and energy conservation. Prohibits the application of the National Environmental Policy Act of 1969 to any agreement to make or guarantee any assistance under the Small Business Act. Eliminates certain requirements of the annual report made by the SBA to the President and the Congress.
United States · United States Congress · 26 February 1980
Small Business Capital Incentive Act of 1980 - Amends the Internal Revenue Code to permit a taxpayer to elect shorter useful lives for buildings and business machinery in computing the allowance for depreciation. Specifies that the taxpayer may elect a useful life of 15 years in the case of a building and its structural components, and four years in the case of business machinery eligible for the investment tax credit. Imposes a $3,000,000 basic limit for buildings and a $1,000,000 limit for machinery eligible for the election provided by this Act. Reduces from seven to three years the useful life of investment tax credit property which is eligible for the full amount of such credit.
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
Authorizes the President to present, in the name of the Congress, specially struck gold medals to Eric Heiden and the American Hockey Team for their victories at the 1980 winter Olympics. Directs the Secretary of the Treasury to strike and furnish bronze duplicates of such medals to the United States Olympic Committee.
United States · United States Congress · 12 February 1980
Rental Construction Incentive Tax Act of 1980 - Amends the Internal Revenue Code to exempt low-income housing and qualified rental housing construction from the amortization requirements applicable to real property construction period interest and taxes. Defines "qualified rental housing" as housing which is subject to a 30 year covenant binding its owners to maintain such property as residential rental property and which is located in an area having an average vacancy rate for rental housing of less than five percent in the year prior to such rental housing construction. Requires qualified rental housing which contains more than three dwelling units to provide for at least 30 percent occupancy by families of low or moderate income and to limit to 30 percent the number of childless individuals occupying such rental housing. Reduces the required amortization period for construction period interest and taxes with respect to qualified residential rental property (property in areas with a less than five percent vacancy rate) from ten to three years. Permits straight line depreciation, based on a ten-year period, for residential rental property. Qualifies low and moderate income rental housing for preferential tax treatment of recaptured depreciation.
United States · United States Congress · 11 February 1980
Requests the U.S. Olympic Committee to propose to the International Olympic Committee that all nations join in funding a facility in Greece to serve as the permanent site of the summer Olympic games.
United States · United States Congress · 6 February 1980
Fiscal Year Revision Act of 1980 - Changes the fiscal year of the Treasury of the United States beginning on July 1, 1982, to the period commencing on July 1 of each year and ending on June 30 of the following year.
United States · United States Congress · 5 February 1980
Paperwork Reduction Act of 1980 - Establishes, within the Office of Management and Budget (OMB), the Office of Federal Information Policy (OFIP) to provide overall direction for the development and implementation of Federal information policies which include guidelines concerning: (1) the reduction of the Government paperwork burden on the public; (2) records management activities; and (3) the privacy of records pertaining to individuals. Requires the Director of OMB to appoint an Administrator of OFIP. Sets forth functions of the Director with respect to Federal information collection and management in the following categories: (1) general information policy functions; (2) information collection request clearance and other paperwork functions; (3) statistical policy and coordination functions; (4) records management functions; (5) privacy of information functions; and (6) automatic data processing and telecommunications functions. Requires the Director to ensure that agencies: (1) provide a substantial opportunity for the public to comment on the means of collecting information with regard to a proposed rule; and (2) assess alternative methods of attaining the statutory goals of such a rule. Requires the Director, within one year after enactment of this Act: (1) to establish requirements and assign responsibility for agency and Government-wide audits of all major information systems; (2) to establish the Federal Information Locator System; (3) to develop a schedule for eliminating any duplication of information collection requests by the Government; and (4) in consultation with the Administrator of General Services, to develop a five-year plan for meeting the automatic data processing and telecommunication needs of the Government. Directs the Director, within two years after this Act is enacted: (1) to establish a system for integrating the various information management practices; (2) to develop a program to enforce Federal information processing standards and to revitalize the standards development program; (3) to complete action on recommendations of the Commission on Federal Paperwork; and (4) to submit to the President and Congress legislative proposals to remove inconsistencies in laws involving privacy, confidentiality and disclosure of information. Requires each agency: (1) to carry out its information management activities in an economical manner; (2) to inventory its major information systems and review, periodically, its management activities; (3) to ensure that its systems do not overlap each other or duplicate systems of other agencies; (4) to develop procedures for assessing the paperwork burden of its collection activities; and (5) assign an official to be responsible for acquisitions of automatic data processing equipment and services. Requires an agency, before collecting any information, to: (1) eliminate reporting requirements which seek information which is available through another Government source; (2) minimize the compliance burden on respondents; (3) plan the tabulation of the information in a manner which maximizes its usefulness to other agencies; and (4) obtain the Director's approval of such collection. Requires the Director to approve or disapprove any collection request within 60 days of receiving it. Allows the Director, when considering a request, to provide an opportunity for the agency or other interested persons to submit oral or written statements. Authorizes the Director: (1) to designate a single collection agency for two or more agencies; and (2) to direct the disclosure of confidential information from one agency to another under specified conditions. Establishes, within OFIP, a Federal Information Locator System composed of a dictionary of information resources, a data element dictionary, and an information referral service. States that the System shall serve as the authoritative register of all information requests. Requires the Director: (1) to design an index for the System; (2) to require each agency head to submit for inclusion in the System a data profile of each information request of that agency; (3) to compare proposed information requests with existing requests through the System; and (4) to ensure that no actual data, excluding descriptive data which is necessary to locate information or identify duplicative data, is included in the System. Declares that no person shall be subject to any penalty for failing to provide information to an agency if such agency requested such information after December 31, 1981, in violation of procedures under this Act. Requires the Director: (1) to review the information management activities of each agency at least once every three years; (2) to report the findings to the agency and specified committees of Congress; (3) to keep Congress fully informed of major activities under this Act; and (4) to submit to the President of the Senate and the Speaker of the House an annual report on such activities. Specifies the contents of such report. Declares that an agency's authority under any other law to prescribe rules or forms for Federal information activities shall be subject to the Director's authority under this Act. Grants the Comptroller General access to all records of OFIP. Authorizes appropriations to carry out the provisions of this Act. Requires the Administrator of General Services: (1) to include in an annual report to Congress and the Director estimates of the lost benefits or savings resulting from the failure of agencies to implement the Administrator's recommendations; and (2) to assist the Administrator of OFIP in conducting studies and developing standards relating to records retention requirements of Federal agencies. Requires the President and the Director of OMB to delegate specified Federal information functions to the Administrator.
United States · United States Congress · 5 February 1980
Small Business Equal Access to Justice Act - Title I: Small Business Administration Office of Advocacy - Amends title II of the Small Business Investment Act (Study of Small Business) to direct the Office of Advocacy within the Small Business Administration to assist the Attorney General, Federal agencies, and the Chairman of the Administrative Conference to facilitate relief afforded to small businesses under such Act. Requires the Chief Counsel for Advocacy to submit biennial reports to the President and Congress on awards made to small businesses under such Act. Title II: Small Business Equal Access to Justice - Excludes from the definition of "party" for purposes of this Act: (1) an individual whose net worth exceeds $1,000,000; and (2) any partnership, corporation, association, organization, or sole owner of an unincorporated business whose net worth exceeds $5,000,000, but includes an agricultural cooperative, as defined in the Agricultural Marketing Act, regardless of its net worth. Entitles a prevailing party (other than the United States) to be awarded fees and other expenses, including attorney fees, which were incurred by such party in: (1) an administrative adjudication (excluding ratemaking and license application hearings, but including such actions as suspension or modification of a license); or (2) in any civil action, other than a tort, brought by or against the United States, unless the agency conducting such adjudication, or the court having jurisdiction of such action, finds that the position of the agency or the United States was substantially justified or that special circumstances make an award unjust. Allows the agency or the court to reduce any such award to the extent that the prevailing party unduly and unreasonably protracted the final resolution of the matter in controversy. Stipulates that such awards in administrative adjudication shall be paid by the particular agency over which the party prevails, but prohibits authorization of appropriations to such agency for the specific purpose of such payments. Authorizes a party dissatisfied with such award in an administrative adjudication to petition for leave to appeal the decision in an appropriate Federal court. Authorizes a court to award reasonable attorney fees to the prevailing party in any civil action brought by or against the United States or any agency, including the Post Office, or official of the United States acting in an official capacity, where the court may award such fees in such suits involving private parties (thus applying to Government litigation the common law and statutory exceptions to the "American rule" which requires parties to be responsible for their own attorney fees). Directs the Administrative Conference of the United States and the Administrative Office of the United States Courts to report annually on the amount of fees and expenses awarded during the preceding fiscal year in such agency adjudications and civil actions. Makes this Act applicable to any civil action pending on, or commencing after, the date of enactment, except for civil tax actions, which shall be subject to this Act six months after enactment. Directs the Office of the Chairman of the Administrative Conference of the United States and Director of the Administrative Office of the United States Courts to provide to the Small Business Office of Advocacy the information required to be collected in title I of this Act.
United States · United States Congress · 5 February 1980
Expresses the sense of Congress that the Soviet Union should release Andrei Sakharov from internal exile immediately. Urges the President to: (1) protest Sakharov's exile and the continued suppression of human rights in the Soviet Union; (2) call upon other nations to join in such protests and impose sanctions against the Soviet Union; and (3) inform Helsinki signatory governments that the U.S. delegation intends to raise these violations at the 1980 Conference on Security and Cooperation in Europe review meeting.
United States · United States Congress · 31 January 1980
Amends the Internal Revenue Code to allow individual taxpayers a refundable income tax credit equal to 50 percent of the amount of energy saved during the taxable year (based on the amount of energy expenditures for 1978) with respect to the principal residence of the taxpayer. Terminates the authorization for such credit for taxable years beginning after December 31, 1985.
United States · United States Congress · 31 January 1980
Amends the Internal Revenue Code, with respect to the estate tax, to deduct from the gross estate all bequests, legacies, devises, or transfers to a non-profit cemetery corporation owned and operated exclusively for the benefit of its members.
United States · United States Congress · 31 January 1980
Amends the Internal Revenue Code to allow as a deduction from the gross estate for purposes of determining the taxable estate the amount of all bequests, legacies, devises, or transfers to a non-profit: (1) cemetery company operated exclusively for the benefit of its members; or (2) corporation chartered solely for burial purposes as a cemetery corporation and not permitted to engage in any business not incidental to such purpose.
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
Vietnam Era Veterans Agent Orange Act - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange.
United States · United States Congress · 30 January 1980
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 · 24 January 1980
Amends the National Security Act of 1947 to prohibit "special activity" (as defined by this Act) abroad unless the President determines such activity to be important to national security, and reports to the House and Senate select intelligence committees regarding such activity. Stipulates that such prohibition shall not apply to operations pursuant to a declaration of war, or under authority of the War Powers Resolution. Repeals a provisions of the Foreign Assistance Act of 1961 requiring the President to report to the appropriate Congressional committees regarding expenditures for Central Intelligence Agency operations.
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
Amends the Internal Revenue Code to subject all taxpayers, regardless of marital status, to the same income tax rates. Requires taxable income to be computed without regard to community property laws.
United States · United States Congress · 20 December 1979
Amends the Internal Revenue Code to reduce the tax effect known as the marriage penalty by permitting the deduction, without regard to whether deductions are itemized, of ten percent of the earned income of the spouse whose earned income is lower than that of the other spouse. Limits such tax deduction to $1,000.
United States · United States Congress · 20 December 1979
Expresses the sense of the Congress that the people of the United States should observe December 23, 1979, as a national day of prayer and meditation for the hostages in Iran.
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 · 19 December 1979
Medicaid Community Care Act of 1980 - Authorizes a State with a plan approved under title XIX (Medicaid) of the Social Security Act to apply to the Secretary of Health and Human Services (formerly, the Secretary of Health, Education, and Welfare) to have Federal payments for home health care services, nursing services, home health aid services, medical equipment for use in the home, physical therapy, occupational therapy, speech pathology services, endiology services, adult day health services, respite care, short-term full-term nursing care, homemaker services, and nutrition counseling made at a higher rate the the rate for other care and services provided under the State plan. Specifies that the Federal medical assistance percentage for such services and the comprehensive assessments provided for in this Act shall be the lesser of: (1) the Federal medical assistance percentage determined under title XIX plus 25 percent; or (2) 90 percent of the cost of such services and assessments. Requires an application to be accompanied by a community care plan which: (1) provides for a comprehensive assessment of each individual eligible or applying for Medicaid who is likely to need long-term skilled nursing facility or intermediate care facility services; (2) makes available, under title XIX, the care and services for which the higher Federal payment may be made to individuals determined pursuant to a comprehensive assessment to be in need of long-term facility services and for whom such assistance is a feasible alternative to long-term facility services; and (3) coordinates the services provided under this Act with similar services provided under the Older Americans Act of 1965, and under titles XVIII (Medicare) and XX (Grants to States for Services) of the Social Security Act. Requires the Secretary to report to Congress with respect to the program established under this Act. Permits a State, for the purposes of title XIX, to treat a noninstitutionalized individual the same as an individual who is in a long-term care facility if the noninstitutionalized individual meets the income and resources standards for long-term facility residents and has been determined, pursuant to an assessment under this Act, to need long-term facility services.
United States · United States Congress · 19 December 1979
National Technology Innovation Act of 1979 - Directs the Secretary of Commerce to establish and maintain an Office of Industrial Technology to enhance technological innovation for the improvement of the economic, environmental and social well-being of the United States. Requires the Secretary to prepare and submit to the President and Congress, within three years after the date of enactment of this Act, a report on the progress, findings, recommendations, and conclusions of activities conducted. Requires the President, with the advice and consent of the Senate, to appoint a Director of the Office who shall provide assistance for the establishment of Centers of Industrial Technology, whose activities shall include: (1) research supportive of technology and industrial innovation including cooperative industry-university basic and applied research; (2) assistance in the evaluation and development of technological ideas supportive of industrial innovation and new business ventures; (3) technological assistance and advisory services to industry; and (4) curriculum development and instruction in invention, entrepreneurship, and industrial innovation. Declares that such centers shall be affiliated with a university or nonprofit institution, and authorizes the Director to make available nonrenewable planning grants to such universities or nonprofit institutions for the purpose of developing a plan for the management and evaluation of the activities proposed within the particular Center, including the consideration of means to place the Center on a self-sustaining basis. Declares that each Center has the option of acquiring title to any invention conceived under the auspices of the Center that was supported at least in part by Federal funds and that the Secretary shall obtain title to any invention for which such option is not exercised. Authorizes the Director to make grants and enter into cooperative agreements to assist any activity established under this Act. Prohibits any such grant or cooperative agreement from exceeding 75 percent of the total cost of the program or project involved. Sets forth the terms and conditions for such grants or cooperative agreements. Requires the Director to seek the advice and cooperation of departments and agencies whose missions contribute to or are affected by the programs established under this Act. Authorizes the Director to receive moneys from other departments and agencies to support activities of the Centers. Establishes an independent committee to be known as the Industrial Technology Review Panel which shall review annually the activities of the Office and advise the Secretary and the Director with respect to such activities. Authorizes appropriations to carry out the purposes of this Act through fiscal year 1984.
United States · United States Congress · 18 December 1979
Used Machinery Investment Credit Adjustment Act of 1979 - Amends the Internal Revenue Code to increase from $100,000 to $200,000 the cost of used property which is eligible for the investment tax credit.
United States · United States Congress · 14 December 1979
Product Liability Risk Retention Act of 1979 - Title I: Risk Retention Groups - Directs the Secretary of Commerce to promulgate standards for the approval of risk retention groups. Defines such groups as corporations, or other limited liability associations taxable as corporations, whose principal activity consists of assuming and spreading all or any portion of the product liability or completed operations liability risk exposure of its group participants and which are organized, under the laws of a State, for the primary purpose of conducting such activity. Sets forth factors to be included in a group's application for approval. Enumerates Standards which the Secretary must consider in approving any such group, including the amount and liquidity of its assets, soundness of its reserves, adequacy of the expertise and experience of those responsible for its management, adequacy of its loss prevention programs and those of its group participants, and failure to disclose material facts of circumstances bearing on its qualifications. Sets forth limitations on the risk coverage afforded to any one person in the group. Authorizes the Secretary to waive such limitations upon determination that the group is likely to be financially sound and capable of shifting and distributing the risks of its group participants. Directs the Secretary to issue certificates of approval to applicant groups upon determination that such groups have sound plans of operation in accordance with standards promulgated by the Secretary. Requires any refusal of approval to specify the factual conclusions and legal authority upon which it is based. Authorizes the Secretary to conduct audits of the applicant and its group participants. Authorizes the Secretary to require a group to set a maximum amount of risk which it will accept. Requires such a group's participants to obtain insurance for losses in excess of such maximum limitations. Establishes requirements for the terms of such insurance coverage. Requires all or a portion of an individual's product liability or completed operations risk exposure be assumed by the group. Prohibits a group from assuming liability for any person other than its members or its members' affiliates. Permits a group to assume liability which arises from an agreement of hold harmless or indemnity between a member and its supplier, purchaser, or consignee. Prohibits a group from making non-pro-rata assessments or retroactive adjustments based on the loss experience of a member. Sets forth requirements concerning the return of a withdrawing member's capital contribution. Prohibits such groups from acquiring reinsurance from its members or affiliates. Directs the Secretary to requires each group to maintain reserves: (1) to meet incurred losses and loss adjustment expenses; and (2) for unearned premiums paid or to be paid to the group by its group participants. Requires that such reserves be invested prudently. Requires each group to submit information on plan changes and annual reports to the Secretary. Directs the Secretary to ensure that other required reports do not constitute as undue burden upon groups. Declares that this Act shall preempt any State law relating to the formation operation, or provision of insurance-services to risk retention groups. Stipulates that this Act shall not effect the authority of a State to tax risk retention groups. Directs the Secretary to promulgate regulations relating to claims settlement practices of such groups and to consumer protection taking into consideration State laws on such matters. Applies Federal antitrust laws to such groups. Exempts the ownership interests of such groups from the securities laws. Limits the use of information obtained pursuant to this Act. Permits the Secretary to require data concerning the product liability claims experience of such groups. Authorizes the Secretary to audit each group and to require each group to engage an independent accountant to examine its books, records, and financial statements. Requires each group to pay an application fee and annual fees to cover supervisory expenses of the Secretary. Authorizes the Secretary to revoke the certificate of approval of a risk retention group. Enumerates circumstances in which such authority may be exercised. Requires that all hearings to revoke a group's certificate of approval be held in the District of Columbia. Empowers the United States District Court for the District of Columbia to hear appeals from orders of the Secretary issued pursuant to this Act. Title II: Group Purchase of Product Liability Insurance and Completed Operations Insurance - Exempts any group seeking to purchase liability insurance, its members, or any person who provides such insurance from any State law which restricts groups insurance or would prohibit or discriminate against the application of this Act. Title III: Miscellaneous Provisions - Declares that this Act shall not be deemed to affect State tort law. Directs the Secretary to issue rules and regulations and to take all other actions necessary or appropriate to implement this Act. Directs the Secretary to report to the appropriate committees of Congress on the implementation 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 · 14 December 1979
Amends the Older Americans Act of 1965 to require that States, to be eligible for grants under such Act, submit plans which assure that, if a substantial number of older individuals residing in any planning and service area are of limited English-speaking ability, the area agency on aging will be required to: (1) utilize outreach service delivery workers who are fluent in the language spoken by the predominant number of such individuals; and (2) designate an employee, or another person available on a full-time basis, whose responsibilities will include: (a) making counseling available to such individuals to help them participate in programs and receive assistance under such Act; and (b) enabling social service delivery workers to take into account cultural sensitivities and linguistic differences.
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
Amends the Military Personnel and Civilian Employee's Claims Act of 1964 to provide for a maximum payment by the United States of $40,000 in personal property claims by members of the uniformed services or civilian employees of the U.S. incident to evacuations from a foreign country after December 31, 1978. States that such claim must be submitted in writing within two years after it accrues, or within one year after enactment of this Act, whichever is later.
United States · United States Congress · 6 December 1979
Vietnam Veterans Act - Title I: Employment - Provides for a program of career development, training, and related services for Vietnam-era veterans. Establishes the Office of Assistant Secretary of Labor for Veterans' Employment in place of the existing office of Deputy Assistant Secretary of Labor for Veterans' Employment. Title II: Health and Psychological Care - Establishes a presumption of service-connected disability for certain diseases arising in Vietnam-era veterans (and for birth defects in their children) exposed to agent orange. Authorizes specified mental health care for eligible Vietnam-era veterans at community health centers. Directs the Comptroller General to assign ombudsmen (from the General Accounting Office) at each Veterans' Administration hospital to investigate patient complaints. Title III: GI Bill Assistance - Extends the educational assistance delimiting period for certain Vietnam-era veterans. Eliminates the requirement of matching State funds for accelerated educational loan payments. Increases such maximum payment amounts. Title IV: Administrative Costs for State Home Loan Programs - Authorizes the Administrator of Veterans' Affairs to pay the initial administrative expenses for a qualifying State veterans' home loan program. Title V: Commission to Study Veterans' Benefits - Establishes the Commission on Veterans' Benefits to perform a comprehensive study of the structure and administration of the laws relating to veterans' benefits. States that such Commission shall report its findings within 18 months to the President and the Congress, and cease to exist 30 days after such submission.
United States · United States Congress · 6 December 1979
Telephone Privacy Act - Amends the Communications Act of 1934 to prohibit unsolicited commercial telephone calls to a telephone subscriber who has notified the telephone company that he does not wish to receive such calls. Directs the Federal Communications Commission to prescribe regulations specifying the manner in which a telephone subscriber shall notify the telephone company that he does not wish to receive unsolicited calls. Prescribes criminal penalties for violations of this Act. Excludes from the definition of "unsolicited commercial telephone calls" calls made in response to an express request of the individual called or made in connection with an overdue debt or contractual obligation.
United States · United States Congress · 5 December 1979
Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to provide that any individual who is entitled to a monthly benefit under such title for the month preceding the month in which such eligible individual dies shall be entitled for the month in which he or she dies to a prorated benefit.
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