United States · United States Congress · 3 March 1980
Cigarette Safety Act - Directs the Consumer Product Safety Commission to promulgate, within 24 months, final performance standards for cigarettes and little cigars ensuring a minimum capacity for igniting smoldering upholstered furniture and mattress fires. Authorizes the Commission to prohibit manufacturers from stockpiling such products to which such standard applies. Provides for judicial review of such standard in an appropriate U.S. court of appeals. Declares such cigarette safety standards to be subject to all remedial and penalty provisions of the Consumer Product Safety Act. Authorizes appropriations necessary to carry out this Act for the first three fiscal years beginning after its enactment.
United States · United States Congress · 3 March 1980
Declares it to be the sense of Congress that the Secretary of Education and the Attorney General of the United States should take all appropriate steps to assist local educational agencies to eliminate violent crime in the Nation's schools.
United States · United States Congress · 27 February 1980
Municipal Waste-to-Energy Act of 1980 - Title I: Research, Development and Demonstration - Requires the Director of the Office of Urban Waste Energy Management (established under this Act) to establish, conduct, and promote an accelerated research, development, and demonstration program for the recovery of energy from municipal wastes. Directs the Director to provide financial assistance in the form of grants, contracts, price supports, purchase guarantees, loan guarantees and cooperative agreements, or any combination thereof, to public or private entities to support the cost of planning, designing, constructing, operating, and maintaining experimental and demonstration facilities and modifications of existing facilities for demonstration purposes, for the conversion of municipal wastes into energy, or for the recovery of materials. Requires that such program be designed to achieve its goals within ten years after enactment of this Act. Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to extend the financial support program to include public and private entity waste reprocessing demonstration facilities. Authorizes appropriations for fiscal year 1982 to carry out this title. Title II: Commercialization - Requires the Director to establish a program of financial assistance for commercial-scale projects designed for the conversion of municipal wastes into energy or the recovery of materials, including, in decreasing order of priority, price and loan guarantees, loans, and grants. Stipulates that such assistance shall be made to supplement but not to compete with nor supplant any private capital investment under authority of any other Federal law. Directs the Director to establish internal procedures, standards, and criteria for the timely review of compliance with such requirement of each new award of assistance for a specific proposed municipal waste processing project. Limits such financial assistance to a maximum of 75 percent of the total capital cost of that project. Prohibits any project receiving such assistance from thereafter being eligible for such assistance. Requires that any specific tax credit directly associated with such projects be considered in determining the need for financial assistance awarded under this title. Limits the amount of loans entered into for such projects to a maximum of 49 percent of the total capital costs of the project, unless the Director determines that such limit would prevent the financial viability of the proposed project. Sets forth requirements concerning the Director's authority to enter into, or make, such loans, loan guarantees, price guarantees, and grants. Directs the Director to conduct economic analyses of municipal waste-to-energy conversion technologies in other countries for publication and dissemination. Authorizes appropriations for fiscal year 1982 to carry out this title. Title III: General Provisions - Amends the Department of Energy Organization Act to establish an Office of Urban Waste Energy Management within the Department of Energy to perform the research, development, demonstration, and commercialization activities authorized under this Act. Directs the Director of such Office to prepare a program and management plan for such activities and to transmit such plan to specified congressional committees. Requires the Director to annually submit to the Congress a detailed description of such plan as in effect, with proposed modifications as necessary. Requires the Director to support science and engineering education programs to provide trained personnel to perform the activities required under this Act. Directs the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and other appropriate agency heads to cooperate with the Director in carrying out duties under this Act and to provide the Director with information in their possession which is necessary for such purposes. Requires the Director to assure the full and complete dissemination of information concerning any project or other activity conducted under this Act to Federal, State, and local authorities, relevant segments of the economy, the scientific community, and the public in order to promote the early, widespread, and practical use of municipal waste-to-energy technologies. Directs the Director, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, to prepare and transmit to the Congress a report analyzing and assessing legal impediments and other barriers to the development and application of such technologies. Sets forth the components of such report. States that amounts received by the Director as repayment of loans made under this Act and other specified amounts shall be deposited in the Federal Treasury as miscellaneous receipts.
United States · United States Congress · 26 February 1980
Amends the Powerplant and Industrial Fuel Use Act of 1978 to limit the sum of all severance taxes or fees, for any fiscal year, levied upon or collected from any taxpayer by a State or any political subdivision thereof on coal destined for shipment in interstate commerce for use in any powerplant or major fuel- burning installation or on any improvements or other rights, property, or assets produced, owned, or used in connection with the production of such coal. States that such tax shall not exceed a total of 12 1/2 percent of the value of such coal produced during a fiscal year.
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 · 26 February 1980
Energy Conservation Tax Incentive Act of 1980 - Title I: Residential Energy Credit - Amends the Internal Revenue Code to eliminate the requirement that limits tax credits for energy conservation expenditures to expenditures made with respect to the taxpayer's principal residence. Extends the residential energy credit to landlords. Permits the allocation of the energy credit among joint owners. Increases the residential energy credit for conservation expenditures to 30 percent of such expenditures up to a maximum of $4,000. Allows a residential energy credit for: (1) a heat pump which replaces an electric resistance space or water heating system or is used as a back-up system for a solar hot water heater; (2) an airtight woodburning stove; (3) a replacement oil or gas furnace or boiler which meets specified energy efficiency standards; (4) a replacement coal furnace or boiler which is part of a central heating system; (5) an evaporative cooling device; and (6) a replacement item which is at least 15 percent more efficient than the item it replaces. Increases the residential energy credit for renewable energy sources expenditures (solar and wind energy) to 50 percent of such expenditures up to a maximum of $10,000. Qualifies expenditures for the drilling of an onsite well drilled for any geothermal deposit for the residential energy credit, but disallows an income tax deduction for such expenditures if the credit is taken. Title II: Business Energy Credit - Amends the Internal Revenue Code to increase the energy percentage for the investment tax credit to 20 percent during the period beginning on January 1, 1980, and ending on December 31, 1982. Allows investment tax credit treatment for waste heat recovery equipment and energy replacement property which is at least ten percent more efficient that the property which it replaces. Title III: Credit for Energy Audits, Etc. - Amends the Internal Revenue Code to allow a nonrefundable income tax credit equal to the sum of the energy audit credit, the energy monitoring credit, and the alcohol fuel conversion credit. Defines "energy audit credit" as 75 percent of the amount paid to a licensed engineer for an assessment of the energy efficiency of a building. Defines "energy monitoring credit" as 50 percent of the amount paid to a licensed engineer for monitoring energy saving devices installed in a building. Defines "alcohol fuels conversion credit" as the amount paid to convert a motor vehicle to the use of alcohol as its sole fuel, but not in excess of $500.
United States · United States Congress · 26 February 1980
Amends the Immigration and Nationality Act to authorize the Attorney General to correct the birthdates on naturalization certificates of individuals admitted as immigrants between December 22, 1945, and November 1, 1954, if such original misrepresentation was predicated upon a fear of persecution if repatriated rather than to evade the existing immigration quotas.
United States · United States Congress · 26 February 1980
Expresses the sense of Congress that: (1) governments causing the disappearance of any person, by abduction and clandestine detention, are committing terrorist acts; (2) the President should encourage other nations to join together in calling upon the United Nations to condemn such acts, to establish effective procedures for dealing with such cases, and to demand that all governments investigate all reports of disappearances, prosecute those responsible, and account for those persons who have disappeared; and (3) the President should attempt to implement a program to be taken with respect to governments practicing such acts of terrorism.
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
Authorizes the President to present, on behalf of the Congress, a specially struck gold medal to the Smithsonian Institution in recognition of the athletes who have prepared for the 1980 summer Olympics and who will sacrifice their personal goals in furtherance of United States foreign policy. Authorizes the Secretary of the Treasury to cause duplicates of such medal in bronze for sale to the general public.
United States · United States Congress · 25 February 1980
Federal Elementary and Secondary Education Assistance Act of 1980 - Directs the Secretary of Education to make a payment to each local educational agency in an amount equal to: (1) $100 multiplied by the number of children aged five through 17, inclusive, in the school district of such local educational agency for fiscal year 1981; (2) $150 multiplied by such number for fiscal year 1982; and (3) $200 multiplied by such number for fiscal year 1983. Requires that such number be determined on the basis of the most recent satisfactory data available from the Department of Commerce for such agencies (or for counties, if unavailable for such agencies). Provides for ratable reductions of the amounts of such payments if appropriations for any fiscal year are not sufficient. Requires such agencies to expend such funds only in accordance with laws and procedures applicable to the expenditure of their own funds. Authorizes appropriations of sums necessary to pay in full the sum of the amounts which all local educational agencies are eligible to receive under this Act for fiscal years 1981, 1982, and 1983.
United States · United States Congress · 13 February 1980
Interest Rate Equalization Act of 1980 - Title I: Interest Rate Amendments Regarding State Usury Ceilings on Certain Loans - Amends the Federal Deposit Insurance Act, the National Housing Act, and the Federal Credit Union Act to permit federally insured banks, savings and loan associations, credit unions, and approved mortgagees under Federal mortgage insurance programs to charge interest at one percent in excess of the discount rate in effect in their Federal Reserve districts notwithstanding lower State usury ceilings. Penalizes the charging of interest in excess of such rate by forfeiture of the creditor's entire interest in the indebtedness. Terminates such preemption of State law on July 1, 1982. Amends the Small Business Investment Company Act of 1958 to permit qualified small business investment companies to charge interest on business loans at a rate equal to the lower of the following, if such rate would be higher than an applicable State usury law: (1) the maximum rate prescribed by regulation of the Small Business Administration for loans made by any small business investment company determined without regard to any State rate incorporated by such regulation; or (2) the higher of the Federal Reserve discount rate plus one percent or the applicable State usury ceiling. Terminates such preemption of State law on July 1, 1982. Establishes penalties for the charging of interest in excess of such ceilings. Authorizes a small business company aggrieved by a violation of this Act to recover twice the amount of the interest paid on a usurious loan by bringing a civil action in an appropriate court. Title II: Applicability of State Usury Ceilings to Certain Obligations Issued by Banks and Affiliates - Amends the Federal Reserve Act, the Federal Deposit Insurance Act, and the Federal Home Loan Bank Act to preclude specified financial institutions from pleading or claiming with respect to any deposit or obligation of such institution any defense or right under any State law regulating interest rates. Suspends any penalty which would otherwise attach under any such State law. Stipulates that the provisions of this title shall apply only with respect to deposits made or obligations issued during the period beginning with the enactment of this Act and ending on July 1, 1982. Title III: General Provisions - States that this Act shall not affect the applicability of provisions of Federal law governing rates of interest on certain business and agricultural loans in excess of $25,000. Provides for the severability of the provisions of this Act.
United States · United States Congress · 11 February 1980
Campaign Contributions Utilization Reform Act of 1980 - Permits a candidate for Federal office or a person holding Federal office to transfer contributed funds to any political party committee. Prohibits the personal use of such funds. Prohibits a person holding office from using such funds to defray office expenses.
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
Amends the highway safety program to require State programs to provide for a program to assure the installation and use of road speed governors on trucks using public roads in such State. Defines the term "road speed governor" to mean any device which is designed to limit the maximum speed of a truck to 55 miles per hour. Requires the installation of such a device on all trucks manufactured after model year 1981. Directs the Secretary of Transportation to require that each truck licensed by any State to be operated on a public road constructed or maintained with Federal funds have a road speed governor installed by January 1, 1982. Prohibits the disconnection or the rendering inoperative of such device. Directs the Secretary to establish exemptions from such requirements where compliance would not be practicable. Directs the Secretary to establish an inspection and compliance monitoring program to be coordinated with other Federal and State laws. Applies the information and certification requirements applicable to bumper standards for passenger automobiles to road speed governor standards for trucks. Establishes a civil penalty for the noninstallation of or tampering with a road speed governor. Directs the President to require that all trucks used by any Executive agency, directly or indirectly, be equipped with a speed governor after fiscal year 1981. Directs the Secretary to prescribe minimum performance standards for road speed governors.
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
Establishes the Women's Rights National Historical Park in Seneca Falls, New York, to preserve and interpret the nationally significant historical and cultural sites and structures associated with the formal beginning of the struggle for equal rights for women. Authorizes the Secretary of the Interior to acquire such land, or interest therein he deems necessary, by donation, purchase with donated or appropriated funds, or exchange. Limits fee acquisition to specified Women's Rights Historic Sites in Seneca Falls, New York. Directs the Secretary to encourage local and State agencies to establish a preservation commission to develop and implement a plan for the preservation and rehabilitation of the area within the park boundary. Authorizes the Secretary to provide technical assistance and funding for such plan, up to a limit of 50 percent of the total cost. Establishes the Women's Rights National Historical Park Advisory Commission. Terminates such commission 10 years after the date of establishment of the park. Authorizes the Secretary to enter into cooperative agreements with appropriate nonprofit entities for developing and implementing programs related to the women's rights movement. Directs the Secretary, within three years, to submit to specified Congressional committees, a general management plan for the women's rights historic sites. Requires any Federal entity conducting or supporting activities directly affecting the park to consult with the Secretary prior to the issuance of final approval for such activity, license, or permit.
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
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 Election Campaign Act of 1971 to prohibit any Member of Congress from using funds received as contributions to pay personal expenses.
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 · 30 January 1980
Urges the President to: (1) notify the Soviet Union that the United States will terminate the Agreement on Maritime Matters, unless Soviet troops are withdrawn from Afghanistan; and (2) refuse the Soviets permission to enter U.S. ports, until such troops are withdrawn.
United States · United States Congress · 29 January 1980
Establishes the Lake Tahoe National Scenic Area, in the States of California and Nevada, to be administered by the Secretary of Agriculture in accordance with the provisions of this Act and, in the case of national forest land within such scenic area, in accordance with the laws applicable to the national forests. Directs the Secretary to prepare a plan which shall contain such standards and describe such programs as the Secretary considers appropriate to carry out the purpose of this Act. Requires the Secretary, before adopting any such plan, to: (1) publish a proposed plan which shall be available to the public; and (2) hold at least two public hearings within the scenic area regarding the proposed plan. Directs the Secretary to adopt, within two years after the date of enactment of this Act, a final "Lake Tahoe National Scenic Area Plan". Directs the Secretary, as soon as possible after the date of enactment of this Act, to promulgate regulations which distinguish between the types of activities which shall be deemed to have a potentially significant impact on the scenic area and those activities which do not. Requires any State or local governmental entity which has authority to issue any permit, variance, license, or other type of approval for any activity which is deemed to have a potentially significant impact on the scenic area to provide prompt notice to the Secretary of any determination made by such entity to: (1) approve an application; or (2) carry out such activity (in the case of activities conducted directly or indirectly by the State or local government). Prohibits any such permit, variance, license, or other type of approval from becoming effective unless, within a 60 day period after such entity has submitted notice to the Secretary, the Secretary has issued a written approval of the activity. Allows any permit, variance, license, or other type of approval for an activity which is deemed not to have a potentially significant impact on the scenic area to become effective 10 days after approval is made, unless, during such time, any interested party submits a written petition to the Secretary appealing the approval. Sets forth specified actions that the Secretary shall take to ensure that certain Federal funds and permits are not made available to any State or local governmental entity having jurisdiction within the scenic area if the Secretary determines that such governmental entity has failed to: (1) establish regulations or laws consistent with the standards specified in the plan within one year after any such standards have been adopted by the Secretary; (2) interpret such regulations or laws in a manner consistent with the plan; or (3) notify the Secretary of applications for building or sewer permits or zoning variances within the scenic area. Allows the Secretary to charge user fees for use of the scenic area. Establishes in the Treasury of the United States a Lake Tahoe National Scenic Area fund which shall be available to the Secretary for the purpose of implementing this Act. Permits the Secretary to acquire by donation, purchase with donated or appropriated funds, exchange, condemnation, or otherwise any property, or interest therein, within the scenic area. Limits acquisition by condemnation to specified conditions. Allows the Secretary to establish a Lake Tahoe National Scenic Area Advisory Commission to insure public participation in the preparation and implementation of the plan. Declares that nothing contained in this Act shall effect any right of the States of California or Nevada, or any political subdivisions thereof, to: (1) exercise civil or criminal jurisdiction within the scenic area; (2) levy taxes on any persons or property within the scenic area; or (3) adopt and enforce any standards or requirements for the protection of scenic resources or environmental quality within the scenic area. Provides for the mitigation of local revenue losses due to an increase in property taxes on properties remaining in private ownership within the scenic area. Provides for judicial review of any final action or order of the Secretary under this Act. Repeals the Act consenting to the Tahoe regional planning compact approved December 18, 1969, effective upon the date of the adoption of the plan by the Secretary.
United States · United States Congress · 29 January 1980
Condemns the internal exile of Andrei Sakharov and urges his restoration to his former situation. Declares it U.S. policy to halt official travel to the United States by Soviet scientists and scholars for one year. Recommends that all governmental agencies, private agencies, scientists, and engineers be requested to defer all official and nonessential travel to the Soviet Union for one year. Calls upon foreign governments, professional societies, scientists, and engineers to join in similar actions. Directs the President to report to Congress concerning the appropriate policies to further this resolution.
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
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
Amends the Federal charter of the Boy Scouts of America to change from April 1 to June 1 the due date of its annual report to Congress. Specifies that such report be printed as a separate document of the House of Representatives.
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 · 23 January 1980
Expresses the sense of Congress to condemn Soviet actions taken against Andrei Sakharov which further show the lack of the Soviet Union's fitness to host the Olympics.
United States · United States Congress · 22 January 1980
Expresses the sense of Congress that: (1) the International Olympic Committee should withdraw the 1980 summer Olympic games from the Soviet Union; and (2) there should be a boycott of such games, if they are not withdrawn and Soviet troops have not been withdrawn from Afghanistan.
United States · United States Congress · 27 December 1979
Grants the Court of Claims jurisdiction over claims against the United States for certain losses sustained by producers, processors, manufacturers, distributors, dealers, or other persons resulting from the ban on apparel, fabric, yarn, or fiber containing Tris phosphate. Directs such court to consider certain factors in determining the validity of such claims. Prohibits the inclusion of lost profits, proceeds from the distress sales, attorney's fees, or interest on any such loss in determining the amount of losses for which such claims are brought. Sets forth the measure of losses for specified types of claimants.
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
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
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 · 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.
![Official portrait of Rep. Ottinger, Richard L. [D-NY-20]](https://www.congress.gov/img/member/o000134_200.jpg)