United States · United States Congress · 10 March 1980
Amends the United States Housing Act to authorize: (1) new use of existing housing funds to assist lower income homeowners to afford and finance the rehabilitation of their homes in locally designated rehabilitation neighborhoods; and (2) a new use of such funds to assist lower income families to purchase homes. Authorizes the Secretary of Housing and Urban Development to make available not less than $50,000,000 for contracts for annual contributions for homeowners assistance payments. Requires the Secretary to provide homeowner counseling and monitoring concerning the extent of repair, renovation, or rehabilitation activities and the eligibility of contractors to conduct such activities. Sets forth the amount of such housing assistance payments under such contracts, and the criteria for the lending institutions. Authorizes the Secretary to prescribe regulations to assure the costs of eligible repair, renovation, or rehabilitative activities do not exceed the costs to bring the unit into conformity with local housing codes or other appropriate standards. Sets forth the guidelines for determining assistance to low-income families able to purchase a dwelling with such payments. Provides for the recapture of all or a portion of such assistance rendered upon the disposition or nonoccupancy of the property by the family. Prohibits the amount of assistance rendered to any borrower from being considered as income or resources for any purpose under Federal or State laws.
United States · United States Congress · 10 March 1980
Uniform Relocation Assistance Act Amendments of 1979 - Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to require that relocation benefits, including relocation assistance advisory services, be made available to all persons displaced by the commencement of a Federal or federally-assisted project by the head of the Federal agency administering or financing such assistance. Increases the amount of payment for moving and dislocation allowances for displacement from dwellings, business, and farm operations. Stipulates that the additional housing payments for occupant-owned dwellings shall compensate such displaced person for any increased real property taxes which such person wil incur during the life of the mortgage on the replacement dwelling. Increases the amount of replacement housing payments for tenants and certain other persons to enable such displaced persons to rent or lease a dwelling or to make a downpayment on the purchase of a dwelling. Stipulates that the assurances required of the relocation assistance advisory services that housing will be available shall: (1) be made prior to Federal approval of a project; (2) be based upon careful analysis of the housing needs of the persons to be displaced and the availability of housing; and (3) include plans for housing replacement by the Federal agency as last resort if comparable replacement sale or rental housing is not available. Authorizes the agency head to use funds authorized for the project to provide such housing. Directs the President to designate an agency which shall establish a single uniform set of regulations and procedures for use by Federal agencies and by States, State and local agencies, and other recipients of Federal financial assistance. Requires such agency to assure the uniform application and interpretation of such regulations and procedures. Makes provisions for aggrieved persons to petition such agency for a hearing. Requires such agency annually to make adjustments for inflation in housing costs. Authorizes the head of a Federal agency administering or financing a project to offer to acquire property from any person owning property affected by such project who is left with an uneconomic remnant in order to entitle the owner and occupant to full benefits under this Act. Allows the owner of real property to give or donate all or part of such property to the Federal or State agency undertaking its acquisition. Requires the donation or gift to be voluntary and in writing after the owner has been fully informed of the right to receive just compensation.
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 · 6 March 1980
Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Community Development to make payments to local homesteading agencies in lieu of real estate taxes which accrued during the period of transfer of homestead property.
United States · United States Congress · 6 March 1980
Small Business Earnings Retention Act of 1980 - Amends the Internal Revenue Code to: (1) permit business to accumulate up to $500,000 of earnings without incurring liability for the tax on accumulated earnings; (2) increase from $100,000 to $500,000 the dollar amount of used investment property eligible for the investment tax credit; and (3) permit business with gross receipts of less than $1,000,000 for the last two preceeding taxable years to elect to use the cash method of accumulating in reporting inventories.
United States · United States Congress · 6 March 1980
National Displacement Policy Act - Amends the Housing and Community Development Act of 1974 to require an applicant for a community development block grant to analyze the causes and estimate the scale of displacement within the jurisdiction area of the applicant so that steps may be taken to mitigate and end displacement of area residents. Requires the housing assistance plan to demonstrate an effective strategy for ending such displacement. Directs the Secretary of Housing and Urban Development to provide housing assistance to any eligible displaced low-income family. Amends the Housing and Urban Development Act of 1970 to require the President shall transmit to Congress, as part of the biannual Report on Urban Growth required by such Act, a special displacement component analyzing the extent of urban displacement. Requires the residential formulation of a strategy to combat the adverse effects of such displacement. Amends the Community Reinvestment Act of 1977 to require the appropriate Federal banking supervisory agency to assess a financial institution's record of adopting policies which minimize the displacement of persons from their homes. Amends the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 to direct the payment of moving and related expenses for displaced persons whenever activities were undertaken as a result of a Federal program or project. causes such displacement. Declares that payments made to displaced persons shall reflect increases in the cost-of-living. Directs the President to establish a Federal Relocation Assistance Compliance Office for the purpose of carrying out a more uniform and effective administration of relocation assistance. Requires such Office to coordinate the relocation activities of the Federal agencies. States that rental or lease assistance paid to a displaced person shall not exceed 25 percent of such person's income. States that no person shall be required to move from his or her rental dwelling on account of any Federal project or any federally assisted project if: (1) the rental vacancy rate in the area for dwellings similar in size and cost is less than one percent; or (2) if there is a waiting list of persons eligible to receive Federal assistance who desire to rent such unit.
United States · United States Congress · 6 March 1980
Directs the Secretary of the Treasury to strike and sell commemorative medals honoring Maggie Lena Walker's contributions to the banking industry of the United States.
United States · United States Congress · 4 March 1980
Amends the Clayton Act to prohibit the direct or indirect restriction by any person engaged in commerce on the use of credit instruments in any transaction concerning the sale, resale, or transfer of gasohol or other synthetic motor fuel, where there is no similar restriction on transactions concerning conventional motor fuel. Prohibits any other conditions, restriction, agreement, or understanding which otherwise discriminates against or unreasonably limits the sale, resale, or transfer of gasohol or other synthetic motor fuel.
United States · United States Congress · 4 March 1980
Pollution Control Capital Recovery Act of 1980 - Amends the Internal Revenue Code to reduce from five to three years the amortization period for pollution control equipment.
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
Directs the Joint Committee of Congress on the Library to procure a bust or statute of Frederick Douglas, to be placed in a suitable location in the Capitol.
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 · 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 · 25 February 1980
Expresses the sense of Congress that: (1) the United Nations should consider the expansion of the present U.N. peacekeeping force into sensitive sections of Lebanon; and (2) the Arab deterrent force should issue a declaration of intent to withdraw its troops from such sections upon placement of the U.N. force.
United States · United States Congress · 21 February 1980
Alternative Education Act of 1980 - Amends the Elementary and Secondary Education Act to establish Alternative Educational Programs. Authorizes the Commissioner of Education to make grants to local educational agencies for the Federal share of the costs of alternative educational programs designed to meet the needs of secondary school students who are: (1) deficient in basic skills in reading, mathematics, and oral and written communication; or (2) potential high school dropouts, or who might be diverted to facilities used by the juvenile justice system unless placed in alternative educational programs under the jurisdiction of local educational agencies. Prohibits funds for such programs from being used for programs which provide residential care for students. Authorizes the Commissioner to make similar grants to such agencies for training parents, teachers, and other educational personnel involved in such programs and to help them to identify learning disabilities and other problems that might lead to juvenile delinquency. Sets the Federal share of the costs of such programs at 90 percent for fiscal year 1981 and 80 percent for each of the two succeeding years. Sets forth application requirements, including specification of whether the program will be carried out by schools or by other nonprofit entities. Requires consultation and coordination to avoid duplication of services within the same geographic area. Directs the Commissioner to establish and operate a National Clearinghouse on Alternate Education to collect, analyze, and distribute upon request to local educational agencies and other interested parties information relating to such programs and to similar programs operated by other entities. Authorizes appropriations to carry out such programs for fiscal years 1981 through 1983.
United States · United States Congress · 20 February 1980
Emergency Unemployment Compensation Act of 1980 - Authorizes States with approved unemployment compensation laws with extended compensation provisions to enter into and participate in (and to terminate upon 30 days' written notice) agreements with the Secretary of Labor that State agencies will make emergency compensation payments. Declares eligible for such payments individuals who have exhausted all rights to regular or extended State compensation, who have no rights to State or Federal compensation, and who are not receiving Canadian compensation for any week of unemployment which begins in an emergency benefit period and the individual's eligibility period or begins in an individual's additional eligibility period. Prohibits such payments for any week of unemployment which begins more than two years after the end of the benefit year for which the individual exhausted regular compensation rights. Declares that an emergency benefit period shall: (1) begin with the third week after a week for which there is a State "emergency on" indicator (when the rate of insured unemployment in such State for such week and the immediately preceding 12 weeks equaled or exceeded five percent); and (2) end with the third week after the first week for which there is a State "emergency off" indicator (when the rate of insured unemployment in such State for such week and the immediately preceding 12 weeks is less than five percent). Requires that, in the case of any State, no emergency benefit period shall last for a period of less than 13 consecutive weeks. Requires that the amount of emergency compensation payable to any individual for any week of total unemployment be equal to the regular compensation payable during the benefit year under State law. Requires that, under such agreements, States establish an emergency compensation account for each eligible applicant, in an amount equal to the lesser of 50 percent of the total amount of regular compensation payable to such applicant's most recent benefit year or 13 times the average weekly benefit amount for such year. Requires that each State which has entered into such agreement be paid an amount equal to 100 percent of the emergency compensation paid to individuals by the State pursuant to such agreement. Directs the Secretary of the Treasury to make such payments to each State in sums certified by the Secretary of Labor. Authorizes appropriations to carry out this Act. Provides penalties for individuals involved in misrepresentation with regard to such emergency payments. Authorizes States to require individuals to repay amounts of emergency compensation to which they were not entitled, and to waive such repayments in cases where the individual was without fault and where repayment would be contrary to equity and good conscience. Authorizes States to deduct such amounts to be repaid from various types of unemployment compensation payable to such individual and administered by State agencies. Limits any single deduction to no more than 50 percent of the weekly benefit amount from which such deduction is made. Requires notice and opportunity for a fair hearing for an individual, and an appropriate review, before such deductions are made.
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 · 6 February 1980
Northeast Corridor Completion Act of 1980 - Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to extend the time period within which (1) regularly scheduled and dependable intercity rail passenger service is to be established between Boston and New York and New York and Washington, D.C.; and (2) the National Railroad Passenger Corporation must submit to the President and to Congress an updated, comprehensive report on the financial and operating results of such service. Increases the amount authorized to be appropriated to effectuate the establishment of such service. Authorizes the Secretary to acquire any real property which the Secretary deems necessary to effectuate such service. Authorizes the Secretary to enter into contracts with cost-sharing parties to permit the Secretary to incur obligations to carry out improvements in anticipation of reimbursement from such parties. Permits the Secretary to transfer to the National Railroad Passenger Corporation excess real or personal property from the Northeast Corridor Improvement Project. Establishes a goal of self-sufficiency for such intercity passenger service within five years of the completion of such Project. Amends the Department of Transportation Act to authorize the Secretary to establish a working capital fund for financing the activities of the Transportation Systems Center, including research and analysis.
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
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 · 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 who have attained age 65 an income tax exclusion for up to $500 ($1,000 for joint returns) of the interest income received by the taxpayer during the taxable year on deposits or accounts in a bank, mutual savings bank, or credit union.
United States · United States Congress · 31 January 1980
Establishes a Commission on More Effective Government to study and recommend ways of promoting economy, efficiency, and improved service within the Federal Government. Directs the Commission to recommend methods to improve the relationship between Federal, State, and local governments. Provides for the appointment of members of the Commission by the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate. Sets forth provisions governing the organization and compensation of the Commission and its staff. Empowers the Commission to establish advisory councils and committees as it deems appropriate without regard to the provisions of the Federal Advisory Committee Act. Sets forth the powers of the Commission enabling it to gather information free from subsequent review or comment by any Federal agency. Directs the Commission to submit its final report to the Congress ten days after the Ninety-eighth Congress convenes. Terminates the Commission 90 days after such date. Authorizes the appropriation of funds necessary to carry out 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
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
Amends the Federal Reserve Act to require that detailed minutes of Federal Open Market Committee meetings be released to the general public four years after the calendar year in which they occur. Authorizes the Board of Governors of the Federal Reserve System to delete information from such minutes which concerns foreign countries, central banks of foreign countries, or international institutions in which foreign countries or foreign central banks constitute a majority of the membership. Directs the Board to: (1) note such deletions in the minutes of the meeting to which they relate; (2) review such deletions for publication 15 years after such meeting; and (3) publish such deletions no later than 30 years after such meeting. Directs the Board to publish, within six months after the enactment of this Act, all previously unreleased minutes of Open Market Committee Meetings held prior to April 1, 1976.
United States · United States Congress · 24 January 1980
African Development Foundation Act - Amends the Foreign Assistance Act of 1961 to establish the African Development Foundation to strengthen the bonds of friendship between the people of Africa and the United States and to assist in the development of Africa. Requires such Foundation to cooperate with indigenous organizations representative of Africa and other private, regional, and international organizations. Authorizes such Foundation to make grants, loans, and loan guarantees to African entities for developmental purposes. Requires the Foundation to give priority to community self-help projects with the maximum feasible participation of the poor. Sets forth the corporate powers of such Foundation. Provides for the appointment of a Board of Directors to manage such Foundation. Requires the Board to consult with a Council composed of individuals knowledgeable about development activities in Africa.
United States · United States Congress · 24 January 1980
Expresses the sense of Congress that the Soviet Union should release Andrei Sakharov from internal exile immediately. Urges the President, through the Secretary of State to: (1) express U.S. opposition to Sakharov's exile; (2) inform the Soviet Union that the United States will take into account, in evaluating its reactions with other countries, the extent to which those countries honor their commitments under international law.
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 · 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
Condemns the use of lethal chemical agents against the Hmong tribespeople in Laos and any such use in Kampuchea (Cambodia). Expresses the sense of the House of Representatives that the President should: (1) take action to bring about the cessation of such poison gas use; (2) direct the U.S. delegation to the United Nations Committee on Disarmament to express strong concern over such use and reach agreement with the Soviet Union on a general prohibition of chemical warfare; and (3) report to the Congress concerning actions taken.
United States · United States Congress · 18 December 1979
Reye's Syndrome Act of 1979 - Amends title IX of the Public Health Service Act (Genetic Diseases, Hemophilia Programs, and Sudden Infant Death Syndrome) to authorize the Secretary of Health, Education, and Welfare to establish, through the National Institute of Neurological, Communicative Disorders, and Stroke, the Reye's Syndrome Coordinating Committee to make grants to and enter into contracts with public and nonprofit private entities for a three-year project to establish two comprehensive Reye's syndrome diagnostic and treatment centers. Includes among the duties of such centers: (1) the conduct of basic and clinical research; (2) the development of new and improved treatments; (3) the provision of physician training programs; and (4) informational services, with respect to the detection, diagnosis, and treatment of Reye's syndrome. Directs the Secretary to submit a report to Congress within six months of the end of the project with respect to its accomplishments. Authorizes the Committee to provide financial assistance to public agencies, nonprofit private entities, and entities and individuals not associated with the centers, to conduct research on Reye's syndrome.
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
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 · 13 December 1979
Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude the income and resources of parents from their child's income and resources, for the purpose of determining the child's eligibility for SSI benefits, if such child: (1) is disabled; (2) regularly requires special care which is primarily or customarily available only in hospitals; (3) spent at least four weeks receiving such care in a hospitals; (3) spent at least four weeks receiving such care in a hospital for which payment was made under the Medicaid program (title XIX of the Act); and (4) has left the hospital, is living at home with his or her parents, and is receiving such care at home as an alternative to further hospitalization, but the parents cannot realistically meet the costs of such care without SSI benefits.
United States · United States Congress · 13 December 1979
Condemns the use of lethal chemical agents against the Hmong tribes people in Laos and any such use in Kampuchae (Cambodia). Expresses the sense of the House of Representatives that the President should: (1) take action to bring about the cessation of such poison gas use; (2) direct the U.S. delegation to the United Nations Committee on Disarmament to place such warfare on the U.S. agenda and reach agreement with the Soviet Union on a general prohibition of chemical warfare; and (3) report to the Congress concerning actions taken.
United States · United States Congress · 6 December 1979
Consumer-Patient Radiation Health and Safety Act of 1979 - Directs the Secretary of Health, Education, and Welfare to promulgate within one year of enactment radiation protection standards for: (1) the accreditation of educational programs conducted by institutions for persons administering radiologic procedures; and (2) the certification of persons who administer radiologic procedures. Provides for Federal agency compliance with standards promulgated under this Act. Requires each Federal agency which is authorized to extend assistance for radiologic procedures to provide such assistance three years after enactment only in States administering accreditation and certification programs which meet the minimum Federal standards promulgated under this Act. Directs the Secretary to provide assistance to States in establishing programs to achieve the purposes of this Act, including the preparation of model law for consumer-patient radiation safety. Authorizes the Secretary to make grants to: (1) institutions conducting educational programs which meet the criteria required by this Act; and (2) private, nonprofit, autonomous organizations for accreditation or certification activities; and (3) States for the planning, development, and operation of accreditation or certification activities.
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 · 6 December 1979
Requests the Secretary of Agriculture, in cooperation with the Secretary of Health, Education, and Welfare, to develop a plan for local nutrition monitoring including: (1) the identification of priority target areas; (2) the development of a structure for monitoring specified regions; and (3) the choice of methodology and a timetable.
![Official portrait of Rep. Mitchell, Parren J. [D-MD-7]](https://www.congress.gov/img/member/m000826_200.jpg)